June 24-25, 2004, Meeting Summary

Meeting of
June 24, 2004 (Thursday)
10:00 a.m.

Elk Valley Rancheria
2500 Howland Hill Road
Crescent City

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

NOTE: Items may be heard on either day and in any order pursuant to the determination of the Commission President.

  1. PUBLIC FORUM - Any member of the public may address and/or ask questions of the Commission relating to the implementation of its policies or any other matter within the jurisdiction of the Commission. As a general rule, action cannot be taken on issues not listed on the agenda. Staff will normally be requested to follow up on such items at the discretion of the Commission. Submittal of written comments is encouraged to ensure that all comments will be included in the record before the Commission. Please be prepared to summarize comments to three minutes in length, or otherwise as the discretion of the President.

    Richard Young asked the Commission to consider potential impacts on local economies when considering proposed regulations concerning salmon and groundfish.

    Zeke Grader discussed the ongoing fish kills in Klamath River and requested that the Commission write a letter to the Bureau of Reclamation requesting increased water levels and disaster relief for real "victims" of the fish kills, the fishermen and businessmen who depend on healthy salmon and steelhead populations.

    Harry Adams stated that lingcod are plentiful this year and recommended that the limit be changed to two fish that are 24-30 inches long.

    Janis Buikema indicated that she couldn't understand that rational used in adopting the current regulations and provided the Commission with a handout regarding proposed changes to salmon allocations and lingcod regulations.

    Bob Strickland provided a handout and clarified that his testimony regarding fish mortality as a result of circle hooks at a previous meeting was strictly his personal opinion and did not reflect that of United Anglers. He recommended lengthening the salmon season and a regulation prohibiting snagging and "jigging" for salmon in the Sacramento River system.

    Deputy Director Mastrup responded that these techniques are already illegal and suggested that Mr. Strickland discuss possible solutions with Enforcement.

    Dan Gilliland recommended that recreational fishing be managed on a regional basis due to the size and diversity of California.

    Richard Mile proposed an increase to the bag limit for Aleutian Geese and increased enforcement presence at local wildlife areas.

    Bill James emphasized the need to integrate economics with biology when formulating species management strategies. He requested coordination between the coastal states and federal government to discuss current harvest rules.

    Paul Weakland commented that he was very upset to see that Executive Director Treanor's phone number was not printed on the commercial fishing regulation booklets this year and that Director Broddrick was not present. He recommended that California stop the importation of abalone from Mexico as it is encouraging poaching in California.

  2. RECEIPT OF DEPARTMENT BIENNIAL REPORT ON WINTER-RUN AND SPRING-RUN CHINOOK SALMON.

    Received written report; no public testimony.

  3. CONSIDERATION OF POSSIBLE ADOPTION OF SECTION 125, TITLE 14, CCR, REGARDING COMMERCIAL ROCK CRAB FISHERY.

    Received Department's proposal; received public testimony. Commission adopted proposed regulations.

  4. CONSIDERATION OF POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 670.5, TITLE 14, CCR, TO ADD THE XANTUS'S MURRELET (Synthliboramphus hypoleucus) TO THE LIST OF THREATENED SPECIES.

    Received Department's proposal; no public testimony. Commission adopted proposed regulations.

  5. RECEIPT OF PUBLIC TESTIMONY ON THE PROPOSAL TO AMEND SECTION 630, TITLE 14, CCR, RE: ECOLOGICAL RESERVES.

    Received Department's proposal; received public testimony.

  6. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND THE RECREATIONAL GROUNDFISH REGULATIONS FOR 2005 AND 2006, AND DEPARTMENT UPDATE ON THE MANAGEMENT MEASURES ADOPTED BY THE PFMC AT ITS JUNE 14-18, 2004 MEETING.

    Received Department's recommendation; received public testimony. Commission authorized staff to publish notice of its intent to amend the recreational groundfish regulations for 2005 and 2006.

  7. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 52.10 AND 150.16, TITLE 14, CCR, RE: CABEZON OPTIMUM YIELD.

    Received Department's report; received public testimony. Commission authorized staff to publish notice of its intent to amend sections 52.10 and 150.16, Title 14, CCR.

  8. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 460, 465.5 AND 478; AND TO ADD SECTIONS 458.1, 458.2, 458.3 AND 460.1, TITLE 14, CCR, RE: TRAPPING REGULATIONS.

    Received Department's report; received public testimony. Commission authorized staff to publish notice of its intent to amend sections 460, 465.5 and 478 and to add sections 458.1, 458.2, 458.3 and 460.1, Title 14, CCR.

  9. RECEIPT OF PUBLIC COMMENTS ON DRAFT ABALONE RECOVERY AND MANAGEMENT PLAN.

    Received Department's report; received public testimony. Commission directed the Department to include additional index sites to collect population trend information. Commission will consider possible adoption of the ARMP at its August 26, 2004, meeting in Morro Bay.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    Received Department's written report; received public testimony.

  2. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.

    1. UPDATE ON DEPARTMENT'S BUDGET.

      No report.

    2. UPDATE ON CRFS.

      Marija Vojkovich provided the Department's report; next report will be received at the October 21-22, 2004 meeting in Concord.

    3. UPDATE ON DEPARTMENT MONITORING PLAN FOR THE CHANNEL ISLANDS MPAS, INCLUDING SOCIO-ECONOMIC STUDIES.

      Marija Vojkovich provided the Department's report; next report will be received at the Commission's August 26-27, 2004 meeting.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.

    1. SUBCOMMITTEE REPORTS.

      1. MARINE SUBCOMMITTEE

        Vice President Schuchat provided Marine Subcommittee report.

      2. AL TAUCHER POLICY ADVISORY COMMITTEE.

        President Kellogg provided the Advisory Committee report.

    2. STAFF REPORTS.

      Executive Director Treanor reported that he had just received a memo from the Department requesting the Commission add an agenda item regarding sport fishing regulations for corvina, croaker, sargo and tilapia in the Salton Sea.

      Commission approved request to add the agenda item and authorized staff to publish notice of intent to reduce the bag limits for the Salton Sea.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    No report.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.


Meeting of
June 25, 2004 (Friday)
8:30 a.m.

Elk Valley Rancheria
2500 Howland Hill Road
Crescent City

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Commission accepted its Hearing Officer's proposed decisions on the following license and permit items from the Commission's June 24, 2004, Executive Session:

    Aaron Appel, Denied South-Central Coast Region Nearshore Trap Endorsement.
    Jeffrey Hein, Denied South Coast Region Nearshore Fishery Permit.
    Larry Moore, Denied Deeper Nearshore Fishery Permit.
    Byron Randall, Approved Dungeness Crab Vessel and Pink Shrimp Permits.
    Nels Williams, Denied South-Central Coast Region Nearshore Fishery Permit.

  2. CONSIDERATION OF POSSIBLE ADOPTION OF AMENDMENTS TO SECTION 7.50(b)(156), TITLE 14, CCR, RE: UPPER SACRAMENTO RIVER FISHING REGULATIONS.

    Received Department's proposal; received public testimony. Commission approved proposed amendments. The Commission also directed the Department to continue the creel census surveys.

  3. CONSIDERATION OF POSSIBLE ADOPTION OF AMENDMENTS TO SECTION 7.50(b)(180), TITLE 14, CCR, RE: SMITH RIVER FISHING REGULATIONS.

    Received Department's proposal; received public testimony. Commission approved proposed amendments and directed the Department to continue creel census surveys to evaluate the new barbed hook regulation.

  4. REQUEST OF RANDY FRY, RECREATIONAL FISHING ALLIANCE, PURSUANT TO SECTION 1050 OF THE FISH AND GAME CODE, FOR THE COMMISSION TO CONSIDER THE FORM OF THE 2005 SPORT FISHING LICENSE.

    Received presentation from Randy Fry; received public testimony. Commission directed staff and Department to form a subcommittee to address the issue and submit a proposal for Commission consideration.

  5. PRESENTATION BY NOAA FISHERIES RE: PFMC REGULATION PROCESS, TIMEFRAMES AND DEVELOPMENT OF ALLOCATIONS AND ALTERNATIVES FOR THE KLAMATH RIVER BASIN AND OCEAN SALMON FISHERIES.

    Received presentation from NOAA Fisheries; no public testimony.

  6. REQUEST OF TIM KING TO DISCUSS THE DEVELOPMENT OF THE IN-RIVER FALL CHINOOK SALMON ALLOCATION FOR THE KLAMATH-TRINITY RIVER SYSTEM.

    Received presentation from Tim King; received public testimony. Commission directed staff and Department to form a subcommittee to address this issue with suggested recommendations provided at the Commission's December 2-3, 2004 meeting.

  7. RECEIPT OF PUBLIC TESTIMONY ON THE PROPOSED CHANGES IN THE 2004-2007 RESIDENT AND MIGRATORY GAME BIRD AND MIGRATORY NONGAME BIRD (AMERICAN CROWS ONLY) REGULATIONS. (Note: The adoption hearing is scheduled for August 6, 2004, in Bridgeport.)

    Received Department's proposals; received public testimony.

  8. RECEIPT OF PUBLIC RECOMMENDATIONS AND REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO CONSIDER AMENDMENTS FOR CHANGES IN THE 2004-2005 MIGRATORY GAME BIRD (WATERFOWL) REGULATIONS. (Note: Public comments will be received at the Commission's August 6, 2004, in Bridgeport. The adoption hearing is scheduled for August 27, 2004, in Morro Bay.)

    Received Department's proposals; received public testimony. Commission authorized its staff to publish notice of its intent to consider changes to the Waterfowl Hunting Regulations for 2004-2005.

  9. RECEIPT OF PUBLIC TESTIMONY ON THE PROPOSAL TO AMEND SECTIONS 550-552, TITLE 14, CCR, RE: STATE AND FEDERAL WILDLIFE AREAS. (Note: The adoption hearing is scheduled for August 6, 2004, in Bridgeport.)

    No public testimony.

  10. CONSIDERATION OF POSSIBLE CONFIRMATION OF EMERGENCY AMENDMENTS TO SECTIONS 27.60, 27.65, 27.82 AND 28.27, TITLE 14, CCR, RE: CHANGES TO THE LINGCOD SEASON, SIZE AND BAG LIMITS FOR CONFORMANCE WITH FEDERAL REGULATIONS.

    Received Department's recommendation; received public testimony. Commission confirmed its emergency regulations for conformance with federal regulations.

  11. CONSIDERATION OF POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 180.1 AND 180.3, TITLE 14, CCR, RE: CONVERSION OF SPOT PRAWN TRAWL PERMITS TO TRAP PERMITS.

    Received Department's proposals; received public testimony. Commission adopted proposed changes to include the issuance of 11 nontransferable permits with a $1000 annual permit fee.

  12. CONSIDERATION OF POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 670.5, TITLE 14, CCR, TO ADD COHO SALMON (Oncorhynchus kisutch) TO THE LIST OF THREATENED AND ENDANGERED SPECIES.

    Received Department's proposal; received public testimony. Commission tabled its consideration to possibly adopt the proposed amendment; directed the Department to work with NOAA Fisheries in developing State-Federal Cooperative Agreements under Section 6 of the Federal Endangered Species Act and to report on its progress at the Commission's August 5, 2004, meeting in Bridgeport at which time the Commission will reassess its position. It also indicated that it will close public comment on the proposed rulemaking.

CONSENT CALENDAR

  1. CONSIDERATION OF POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 671, TITLE 14, CCR, TO ADD NEW ZEALAND MUDSNAIL TO THE LIST OF RESTRICTED SPECIES.

    Approved; no public testimony.

  2. REQUEST OF GETTY POLLARD FOR COMMISSION AUTHORIZATION FOR ISSUANCE OF A DETRIMENTAL SPECIES BIRD PERMIT TO USE SAKER FALCON (Falco cherrug) AND LANNER FALCON (Falco biarmicus) FOR NUISANCE ABATEMENT PURPOSES.

    Approved; no public testimony.

  3. DEPARTMENT REQUEST PURSUANT TO SECTION 2073.5 OF THE FISH AND GAME CODE FOR AN EXTENSION OF TIME OF 30 DAYS TO COMPLETE ITS EVALUATION OF THE PETITION TO LIST THE TRICOLORED BLACKBIRD (Agelaius tricolor) AS AN ENDANGERED SPECIES.

    Approved; no public testimony.

  4. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 163 AND 164, TITLE 14, CCR, RE: COMMERCIAL HERRING FISHERY AND HARVESTING OF HERRING EGGS ON KELP, RESPECTIVELY.

    Approved; no public testimony.

  5. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT THE RED APPLE RANCH CONSERVATION EASEMENT, CALAVERAS COUNTY.

    Approved; no public testimony.

  6. REQUEST OF TOM JOHNSON, JOHNSON OYSTER COMPANY, INC., FOR LEASE RENEWAL OF STATE WATER BOTTOM LEASE AGREEMENTS FOR M-438-01 AND M-438-02, DRAKES BAY, MARIN COUNTY.

    Approved; received public testimony.

  7. APPROVAL OF MINUTES.

    Approved; no public testimony.

  8. APPROVAL OF ANNUAL REPORT AND 2004-2005 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:

    1. BAR B6 RANCH, SAN LUIS OBISPO COUNTY
    2. BIG BLUFF RANCH, TEHAMA COUNTY
    3. BIG MORONGO SPRINGS RANCH, SAN BERNARDINO COUNTY
    4. BUCKEYE RANCH, SOLANO COUNTY
    5. CAPISTRAN RANCH, MENDOCINO COUNTY
    6. CARNAZA RANCH, SAN LUIS OBISPO
    7. CHIMNEY ROCK RANCH, SAN LUIS OBISPO
    8. CHRISTENSEN RANCH, MENDOCINO COUNTY
    9. CLARK AND WHITE RANCH, SAN LUIS OBISPO COUNTY
    10. CLARKS VALLEY-RED ROCK RANCH, LASSEN COUNTY
    11. CLOUD'S WARNER MOUNTAIN RANCH, MODOC COUNTY
    12. CONNOLLY RANCH, SAN JOAQUIN AND ALAMEDA COUNTIES
    13. CORNING LAND AND CATTLE COMPANY, TEHAMA COUNTY
    14. FIVE DOT RANCH, AVILA UNIT, LASSEN COUNTY
    15. FIVE DOT RANCH, HORSE LAKE UNIT, LASSEN COUNTY
    16. FIVE DOT RANCH, WILLOW CREEK UNIT, LASSEN COUNTY
    17. FOWLER RANCH, LAKE COUNTY
    18. GABILAN RANCH, MONTEREY COUNTY
    19. MARTIN RANCH, MENDOCINO COUNTY
    20. MEISSNER RANCH, SHASTA COUNTY
    21. MENDIBOURE RANCH, LASSEN COUNTY
    22. PINE RANCH, YOLO AND COLUSA COUNTIES
    23. POTTER VALLEY WILDLIFE MANAGEMENT AREA, MENDOCINO COUNTY
    24. RANCHO GARATE, LASSEN COUNTY
    25. R-R RANCH, MENDOCINO COUNTY
    26. SL RANCH, LASSEN COUNTY
    27. SCHNEIDER RANCH, MENDOCINO COUNTY
    28. SUMMER CAMP, MENDOCINO COUNTY
    29. TEJON RANCH, KERN COUNTY
    30. WILLIAMS RANCH, SHASTA COUNTY
    31. WORK RANCH, MONTEREY COUNTY

    Approved; received public testimony on 34 (K) and 34 (O).

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.