August 5-6, 2004, Meeting Summary

Meeting of
August 5, 2004 (Thursday)
10:00 a.m.

Mono Memorial Hall
100 Sinclair Street
Bridgeport

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

    Bill Nichols provided the Commission with a handout regarding his request to make permanent the amended minimum flow requirements for Lower Mammoth and Hot Creeks and requested the Commission's help in obtaining a response from the Department. The Commission requested the Department provide a report at the next meeting.

    Don Howell provided the Commission with a handout requesting the Commission require the Department to provide written response to SOSS as to the status and resulting summary data of the study evaluating the SONCC ESU Coho in the North Coast Region.

    Bill Krum indicated that he did not support the listing of Coho salmon and noted that if listed, all of the voluntary conservation efforts would stop.

    Virginia Handley stated that imported bullfrogs and turtles are still not addressed and that California should join other states in controlling this illegal importation that is a threat to native species.

    Paul Weakland did not support the ARMP as the plan does not address the black market of abalones imported through Mexico.

  2. PRESENTATION BY FRIENDS OF SIERRA RE: STUDY TO REDUCE MORTALITY ON BAIT CAUGHT AND RELEASED TROUT AND "WATER FOR WILDLIFE" PROGRAM.

    Received report; received public testimony.

  3. PRESENTATION BY EASTERN SIERRA QUAIL UNLIMITED RE: THEIR CHAPTER'S HABITAT IMPROVEMENT PROJECT OF MODIFYING EXISTING WATER GUZZLERS ON BLM AND USFS LAND INTO "WILDLIFE DRINKING SYSTEMS".

    Received presentation; received public testimony.

  4. UPDATE ON SPORT FISHING REGULATIONS FOR THE UPPER OWENS RIVER.

    Received Department's update and presentation; received public testimony. Commission took no action to reconsider the Department's recommendation from August 2003.

  5. REQUEST OF CALIFORNIA LOBSTER AND TRAP FISHERMEN'S ASSOCIATION FOR THE COMMISSION TO CONSIDER AMENDING SECTION 122, TITLE 14, CCR, TO ALLOW FOR TRANSFERABILITY OF COMMERCIAL LOBSTER PERMITS.

    Received presentation and request; received Department's recommendation; received public testimony. Commission approved the request and authorized staff to publish notice of the Commission's intent to consider amending Section 122 to allow for transferability of commercial lobster permits.

  6. CONSIDERATION OF 2004-2005 CALIFORNIA DUCK STAMP AND DUCKS UNLIMITED M.A.R.S.H. PROJECTS.

    Received the Department's recommendation; no public testimony. Commission approved the 2004 - 2005 California Duck Stamp and Ducks Unlimited M.A.R.S.H. projects.

  7. DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF COMMISSION POLICIES.

    Received the Department's report; no public testimony.

  8. CONFIRMATION OF COMMISSION'S JUNE 25, 2004, ACTION TO ISSUE ELEVEN NON-TRANSFERABLE TIER 3 SPOT PRAWN TRAP VESSEL PERMITS.

    Received public testimony. Commission confirmed its June 25, 2004, action to issue eleven non-transferable Tier 3 spot prawn trap vessel permits.

    1. DEPARTMENT'S PROGRESS REPORT RE: DEVELOPMENT OF STATE-FEDERAL COOPERATIVE AGREEMENTS WITH NOAA FISHERIES UNDER SECTION 6 OF THE FEDERAL ENDANGERED SPECIES ACT RE: COHO SALMON (Oncorhynchus kisutch).

      Received Department's report; received NOAA Fisheries report; no public testimony.

    2. CONSIDERATION OF CLOSING THE PUBLIC COMMENT PERIOD ON THE PROPOSED CHANGES TO SECTION 670.5, TITLE 14, CCR, TO ADD COHO SALMON TO THE LIST OF THREATENED AND ENDANGERED SPECIES. (COMMISSION ACTION ITEM ONLY – NO PUBLIC TESTIMONY)

      Received public testimony. Commission closed public comment period.

    3. CONSIDERATION AND 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.

      Commission adopted proposed changes to add coho salmon to the list of threatened and endangered species.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    No report.

  2. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS

    1. UPDATE ON DEPARTMENT'S BUDGET.

      Received Department's report; no public testimony.

    2. UPDATE ON ARMP.

      Received Department's report and question regarding the Commission's prior direction. Received public testimony. The Department indicated it needed additional time to incorporate the Commission's direction regarding additional index sites and requested the Commission now consider adopting the ARMP at its December 2004 meeting instead of its late August meeting.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.

    1. SUBCOMMITTEE REPORTS.

      1. MARINE SUBCOMMITTEE
        Received report; no public testimony.

      2. WAFWA JULY 24-29, 2004 MEETING IN SUN VALLEY, IDAHO.
        Received report; no public testimony. It was reported that the Commission had been selected Commission of the Year and Executive Director Treanor had been selected Professional of the Year.

    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received report; no public testimony.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    Commissioners clarified quorum issues having to do with Subcommittee meetings.

Note: The Commission had been scheduled to receive the Department's evaluation and recommendation on the petition to list the California tiger salamander as an endangered species at this meeting; however, the Commission has not received the report from the Department. Once the Commission receives the report, it will agendize this item.

EXECUTIVE SESSION (NOT OPEN TO PUBLIC)

PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 11126(a)(1) and (e)(1), AND SECTION 309 OF THE FISH AND GAME CODE, THE COMMISSION WILL MEET IN CLOSED EXECUTIVE SESSION.  THE PURPOSE OF THIS EXECUTIVE SESSION IS TO CONSIDER:

  1. PENDING LITIGATION TO WHICH THE COMMISSION IS A PARTY:

    1. VENTURA COUNTY COMMERCIAL FISHERMEN'S ASSOCIATION, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CHANNEL ISLANDS MPAS.

  2. POSSIBLE LITIGATION INVOLVING THE COMMISSION.

  3. STAFF PERFORMANCE AND COMPENSATION.

  4. RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND PERMIT ITEMS AND ADOPTION OF COMMISSION FINDINGS FOR:

    1. WILLIAM HARDEN, TRANSFER OF MARKET SQUID FISHERY PERMIT.

    2. WILLIAM JAMES, NEARSHORE TRAP ENDORSEMENT.

    3. ADELE PASIUT, NEARSHORE FISHERY PERMIT AND DEEPER NEARSHORE SPECIES FISHERY PERMIT.

    4. SAM SHROUT, SEA URCHIN DIVING PERMIT.

    5. CHRIS VAN DER REE, SOUTH COAST REGION NEARSHORE FISHERY PERMIT.

    6. RUBEN ZERTUCHE, SEA URCHIN DIVING PERMIT.


Meeting of
August 6, 2004 (Friday)
8:30 a.m.

Mono Memorial Hall
100 Sinclair Street
Bridgeport

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 August 6, 2004, Executive Session:

    1. WILLIAM HARDEN, DENIED TRANSFER OF MARKET SQUID FISHERY PERMIT.

    2. WILLIAM JAMES, DENIED NEARSHORE TRAP ENDORSEMENT.

    3. ADELE PASIUT, DENIED NEARSHORE FISHERY PERMIT AND DEEPER NEARSHORE SPECIES FISHERIES PERMIT.

    4. SAM SHROUT, APPROVED REQUEST TO ENTER THE LOTTERY FOR A SEA URCHIN DIVING PERMIT.

    5. CHRIS VAN DER REE, DENIED SOUTH COAST REGION NEARSHORE FISHERY PERMIT.

    6. RUBEN ZERTUCHE, APPROVED REQUEST TO ENTER THE LOTTERY FOR A SEA URCHIN DIVING PERMIT.

  2. PRESENTATION BY ASSEMBLYMAN DAVID COGDILL RE: FISHING LICENSE REVENUE AND ADEQUATE FUNDING FOR FISH HATCHERIES.

    Received presentation; received public testimony. Commission appointed a Subcommittee to work with the Department in identifying the programs funded by the Fish and Game Preservation Fund.

  3. CONSIDERATION OF FINAL CERTIFICATION OF ENVIRONMENTAL DOCUMENTS, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2004-2007 RESIDENT AND MIGRATORY UPLAND GAME BIRD AND MIGRATORY NONGAME BIRD (AMERICAN CROW) REGULATIONS.

    Received Department's recommendations; no public testimony. Commission certified the environmental documents, approved the proposed projects, adopted the associated regulations, and directed staff to prepare a Notice of Determination.

  4. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 630, TITLE 14, CCR, RE: ECOLOGICAL RESERVES.

    Received Department's recommendation; received public testimony. Commission adopted the changes as proposed, except for the Ballona Wetlands, which will be reconsidered once title for Parcel C is conveyed to the Department.

  5. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 550-552, TITLE 14, CCR, RE: STATE AND FEDERAL WILDLIFE AREAS.

    Received Department's recommendation; received public testimony. Commission adopted the changes as proposed, except for the proposed changes to Spenceville and Oroville Wildlife Areas.

  6. RECEIPT OF PUBLIC TESTIMONY OF PROPOSED CHANGES IN THE 2004-2005 WATERFOWL HUNTING REGULATIONS. (Note: The adoption hearing is scheduled for August 27, 2004, in Morro Bay.)

    Received Department's recommendations; received public testimony. Commission authorized staff to publish a notice of its intent to consider the Department's proposed 86-day season, CWA's proposed 93-day season, and Mike Maier's proposal for the Southern California Zone.

  7. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO 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 proposals; received public testimony.
    (Note: The adoption hearing, which had been scheduled for August 27, 2004, will be rescheduled after the Department revises and recirculates its Draft Envirnmental Document.)

    1. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 163, TITLE 14, CCR, RE: COMMERCIAL HERRING FISHERY.

      Received Department's proposals; received public testimony. Commission authorized its staff to publish notice of its intent to consider allowing the use of gill nets with a mesh size of 2" to 2.5" in San Francisco Bay. The Commission will consider adoption of the mesh size proposal at its October 22, 2004 meeting in Concord.

    2. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 164, TITLE 14, CCR, RE: HARVESTING OF HERRING EGGS ON KELP. (Note: The adoption hearing for both (A) and (B) is scheduled for August 27, 2004, in Morro Bay.)

      Received Department's proposals; no public testimony.

CONSENT CALENDAR - ALL APPROVED

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

    1. BANGOR RANCH, YUBA COUNTY

    2. DOW CHIMINEAS RANCH, SAN LUIS OBISPO COUNTY

    3. HATHOWAY OAK RUN RANCH, SHASTA COUNTY

    4. ISLAND MOUNTAIN TRINITY RANCH, MENDOCINO AND TRINITY COUNTIES

    5. LOWER BURGER CREEK RANCH, MENDOCINO COUNTY

    6. MUSTY BUCK GUN CLUB, BUTTE COUNTY

    7. ROOSTER COMB RANCH, STANISLAUS COUNTY

    8. SANTA CATALINA ISLAND, LOS ANGELES COUNTY

    9. SHEEP THIEF CREEK RANCH, STANISLAUS COUNTY

    10. SOUTH KNOB RANCH, LASSEN COUNTY

    11. SUGARLOAF LAND AND CATTLE COMPANY, YUBA COUNTY

    12. TRIPLE B RANCH, SHASTA COUNTY

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.