August 26-27, 2004, Meeting Summary

Meeting of
August 26, 2004 (Thursday)
9:00 a.m.

Veterans Memorial Building
209 Surf Street
Morro Bay

DISCUSSION ITEMS

  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 at the discretion of the President.

    Don Thompson indicated that he had planned to comment on the ARMP and was disappointed to see that it had been rescheduled again, but understood that the Department was making further revisions. He hoped that they would be positive. He stated that in discussions with Sen. Thompson, the original legislation was to include mitigation for those displaced divers, but to date there has been no aid. He indicated that the problems with the ARMP include inconsistencies in defining density; biomass estimates are not used in determining the health of the resource; and the goals of the plan are not feasible or reasonable given the current population data.

    Steve Rebuck commented that red abalone is not threatened or endangered and should not be included in the moratorium. He noted that the Department promised an ARMP by 1999 and that the fishery would be opened in as little as 18 months, and seven years later there has been no progress. He indicated that he did not think that the Department is data poor and that sea otters are not affecting red abalone. He supported a tag system for red abalone.

    Tom Raftican provided a handout to the Commission and discussed his support for SB 1459 regarding permitting all bottom trawls in California and transferring all authority from the Legislature to the Commission. He requested the Commission support the bill.

    Freddy Otte provided a draft proposal to the Commission regarding the use of rockfish as a candidate species for a stock enhancement program. He indicated that years ago several rockfish were captured with the salmon for his program and they have documented the success of the fish's growth within containment. He discussed how a tag and release program would provide data in areas that are currently data poor.

    Walt Mansell commented that there is no such thing as a non-consumptive user of wildlife resources as expressed in public testimony at a previous Commission meeting. He indicated that all of us utilize our valuable natural resources in one form or another.

    Scott Wachenheim did not support trapping or hunting of bobcat or non-native red fox. He discussed the advantages to increased populations of these species. He provided a handout requesting the Commission eliminate trapping and hunting of bobcat and nonnative red fox in California.

    Frank Donahue provided a handout to the Commission regarding his grass roots habitat mapping project.

    Bill James emphasized the need for adequate staffing levels before taking on new projects like the MPAs. He discussed the need to integrate economic data with scientific data when evaluating regulatory changes.

    Ed DuMong commented that the Commission is always against the commercial fishermen and the fishermen do not have anyone fighting for them. He indicated that he can't make a living any longer and doesn't have any other skills that could support him and his family.

    Chris Goldblatt discussed the sea otter populations that are moving into the white abalone recovery areas and possible solutions to keep those abalone populations safe. He also requested that the Commission consider a sport fishery for red abalone.

    David Nelson discussed the harmful effects that the power plant has on marine ecosystems and requested the Commission address the power plants as they have the commercial fishery.

    Eric Endersby, on behalf of Recreational Fishing Alliance, passed on condolences to Randy Fry's family and friends.

    Vice President Schuchat asked everyone to observe a moment of silence in remembrance of Mr. Fry's recent death.

    Paul Weakland discussed the Abalone Recovery Management Plan and stated that he has not received answers to his questions for the last 11 years.

    Steve Mathieu welcomed the Commission to the City of Morro Bay and thanked them for coming to his hometown.

  2. CONSIDERATION OF REQUEST BY GREENSEA TRADING, LLC, BIRMINGHAM, ALABAMA, FOR AUTHORIZATION TO IMPORT AND SELL LIVE SEAWORMS (Perinereis aibuhitensis) FOR SALTWATER FISHING BAIT PURPOSES.

    Received Greensea Trading's request; received the Department's recommendation; received public testimony. Commission denied request.

  3. DEPARTMENT REPORT PURSUANT TO SECTION 671.1, TITLE 14, CCR, ON IMPLEMENTATION OF REGULATIONS PERTAINING TO ISSUING PERMITS FOR THE IMPORTATION AND POSSESSION OF TRANSGENIC AQUATIC ANIMALS.

    Received Department's recommendation; received public testimony. Commission requested further information on the GloFish regulations. The Department indicated it would have a more detailed update at the Commission's October 21, 2004, meeting.

  4. CONSIDERATION OF REQUEST BY U.C. DAVIS OF A PERMIT APPLICATION TO POSSESS TRANSGENIC ZEBRAFISH FOR BIOMEDICAL RESEARCH.

    Received Department's recommendation; received public testimony. Commission approved request.

  5. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTIONS 52.10 AND 150.16, TITLE 14, CCR, RE: CABEZON ALLOWABLE CATCHES AND TRIP LIMITS.

    Received Department's recommendation; received public testimony.

  6. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED RECREATIONAL GROUNDFISH FISHING REGULATIONS FOR 2005 AND 2006.

    Received Department's recommendation; received public testimony.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    No Department report; no public testimony.

  2. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS
    1. UPDATE ON DEPARTMENT'S BUDGET.

      Received Department's report; no public testimony.

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

      Received Department's report; received public testimony.

    3. DEPARTMENT REPORT ON LOWER MAMMOTH AND HOT CREEKS' FLOW LEVELS.

      Received Department's report; no public testimony.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. MARINE SUBCOMMITTEE

        Received report; received public testimony.

    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    No report.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.

Note: The Commission was to consider adoption of the Abalone Recovery and Management Plan (ARMP) at this meeting. However, the Department needed some additional time to address the Public's and the Commission's recommendations; therefore, the Commission will now consider adoption of the revised ARMP at its December 2, 2004, meeting in Monterey.


Meeting of
August 27, 2004 (Friday)
8:30 a.m.

Veterans Memorial Building
209 Surf Street
Morro Bay

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    No report.

  2. PRESENTATION BY SECRETARY FOR RESOURCES MIKE CHRISMAN AND DIRECTOR RYAN BRODDRICK RE: NEW INITIATIVE FOR THE MARINE LIFE PROTECTION ACT. (INFORMATIONAL ITEM ONLY.)

    Secretary Chrisman and Director Broddrick provided the Commission with presentation on the new initiative to implement MLPA. They were gracious enough to entertain questions for almost two hours in the patio outside the meeting hall.

  3. REQUEST OF MARC SANDSTROM FOR THE COMMISSION TO CONSIDER AMENDING SECTION 630, TITLE 14, CCR, TO ALLOW BICYCLES ON THE BATIQUITOS LAGOON ECOLOGICAL RESERVE TRAIL.

    Received Mr. Sandstrom's request; received Department's recommendations; received public testimony. Commission denied request.

  4. REQUEST OF GARY HARLE FOR THE COMMISSION TO CONSIDER AMENDING SECTIONS 150(e) AND 150.3, TITLE 14, CCR, TO INCLUDE DIVING AS AN AUTHORIZED METHOD OF TAKE FOR COMMERCIAL NEARSHORE FISHING.

    Received Mr. Harle's request; received Department's recommendations; received public testimony. Commission approved request and authorized its staff to publish notice of the proposed regulatory change.

  5. CONSIDERATION OF CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENT, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2004-2005 MIGRATORY WATERFOWL REGULATIONS.

    Received Department's recommendations; received public testimony. Commission certified the Final Environmental Document and approved regulations for a 93-day duck season with a daily bag limit of 7 ducks per day with no more than 5 mallards of which only one hen.

    1. CONSIDERATION OF CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENT, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2004-05 COMMERCIAL HERRING REGULATIONS - SECTION 163 TITLE 14, CCR. (Note: There will be no public discussion of the mesh size issue at this meeting. The Commission will consider adoption of the proposed mesh size change at its October 22, 2004, meeting in Concord.
    2. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 164, TITLE 14, CCR, RE: HARVESTING OF HERRING EGGS ON KELP.

      Received Department's recommendations; received public testimony.
      Commission certified the Environmental Document and approved regulations as proposed.

    1. CONSIDERATION OF CERTIFICATION OF FINAL SQUID FISHERY MANAGEMENT PLAN AS FINAL ENVIRONMENTAL DOCUMENT.

      Commission certified the Squid FMP as the Environmental Document.

    2. CONSIDERATION AND POSSIBLE ADOPTION OF THE MARKET SQUID FISHERY MANAGEMENT PLAN AND IMPLEMENTING REGULATIONS, SECTIONS 53.00-53.03, TITLE 14, CCR.

      Received Department's recommendations; received public testimony.
      Commission approved regulations.

    3. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 149(e), TITLE 14, CCR, RE: MARKET SQUID SEASONAL CATCH LIMIT.

      Received Department's recommendations; received public testimony.
      Commission approved a seasonal catch limit of not more than 118,000 short tons.

    4. CONSIDERATION AND POSSIBLE ADOPTION OF SECTION 149.1, TITLE 14, CCR, RE: MARKET SQUID FISHERY RESTRICTED ACCESS PROGRAM, PERMIT TRANSFER PROVISIONS, CAPACITY GOALS AND PERMIT FEES.

      Received Department's recommendations; received public testimony. Commission approved regulations to include Option A, with a capacity goal of 55 for market squid vessel permits, 18 brail and 34 light boat permits. Commission adopted initial criteria for transferable market squid permits, brail permits and light boat permits. Renoticing is occurring for non-transferable market squid vessel permits and brail permits with possible adoption on December 3, 2004. There are no non-transferable light boat permits. Transfer of vessel and/or brail permits to replacement vessels of comparable capacity may occur on a 1-for-1 basis. Transfer of a permit to a vessel of larger (i.e. not comparable) capacity may occur on a 2-for-1 basis. Light boat permits are fully transferable on a 1-to-1 basis and an upgrade from a light boat permit to a brail permit is on a 2-for-1 basis. Permit fees are as follows: Market Squid Vessel Permit - Transferable = $2,000; Market Squid Vessel Permit - Non-Transferable = $1,000; Market Squid Brail Permit - Transferable = $2,000; Market Squid Brail Permit - Non-Transferable = $1,000; Market Squid Light Boat Permit - Transferable = $600; Transfer fee = $500; and Market Squid Brail Permit Upgrade Fee = $1,500.

    5. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 149, TITLE 14, CCR, RE: MARKET SQUID FISHERY CLOSED TIMES AND AREAS. (NOTE: THIS INCLUDES CONSIDERATION OF WEEKEND CLOSURE PROVISIONS, PROPOSED CLOSURES FOR SEABIRD OR OTHER HABITAT PROTECTIONS, HARVEST REPLENISHMENT AREAS, AND OTHER PROPOSED TIME OR AREA CLOSURES.)

      Received Department's recommendations; received public testimony.
      Commission approved regulations to maintain weekend closures and the closure of all waters within the Gulf of the Farallones National Marine Sanctuary as currently described on August 27, 2004, to the commercial take of squid using lights.

    6. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 149(b), 149(c), AND 149(d), TITLE 14, CCR, RE: MARKET SQUID FISHERY LOGBOOKS, WATTAGE AND SHIELDING REQUIREMENTS.

      Received Department's recommendations; received public testimony. Commission approved regulations to maintain current requirements for use of logbooks; and to maintain current requirements for wattage (30,000 Watts) and require light shields' lower edges to be parallel to the deck of the vessel.

    7. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 149, SUBSECTIONS (h) THROUGH (k) TITLE 14, CCR.

      Received Department's recommendations; received public testimony.
      Commission approved Option A, to allow for incidental take, specify a forfeiture procedure, clarify authorized light use, and clarify to whom violations should be issued.

    8. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 149(f) AND 149.2-149.4, TITLE 14, CCR, RE: MONITORING THROUGH EGG ESCAPEMENT, MARKET SQUID DAILY TRIP LIMITS, LIVE BAIT PERMITS, EXPERIMENTAL FISHERY PERMITS, AND REGIONAL CONTROL DATE.

      Received Department's recommendations; received public testimony.
      Commission approved regulations to include up to 3 experimental market squid vessel permits for northern CA; and did not adopt daily trip limits, a live-bait permit or a regional restricted access control date.

CONSENT CALENDAR- ALL APPROVED

  1. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 4.15 AND 5.25, AND ADD SECTION 5.26, TITLE 14, CCR, RE: SALTON SEA SPORT FISHING REGULATIONS.

    Approved; no public testimony.

  2. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 7.50(b)(178), TITLE 14, CCR, RE: SILVER KING CREEK.

    Approved; no public testimony.

  3. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO ADD SECTION 150.18, TITLE 14, CCR, RE: GEAR LIMITS-NEARSHORE TRAPS.

    Approved; no public testimony.

  4. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 746, TITLE 14, CCR, RE: REVOCATION/SUSPENSION OF HUNTING/FISHING PRIVILEGES.

    Approved; no public testimony.

  5. REQUEST OF WILLIAM JAMES FOR AN EXPERIMENTAL GEAR PERMIT TO DEVELOP DIFFERENT TRAP METHODOLOGIES FOR THE NEARSHORE FISHERY.

    Approved; no public testimony.

  6. APPROVAL OF ANNUAL REPORT AND 2004-2005 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:
    1. BELL RANCH
    2. DIAMONDBACK RANCH
    3. PRATHER RANCH
    4. ROSENDAHL RANCH
    5. SNOWSTORM RANCH

    (Applications submitted for the above item have been analyzed by Department staff and a determination has been made that they are within the scope of the Hunting Program Environmental Documents prepared for the affected species pursuant to the California Environmental Quality Act.)

    Approved; no public testimony. (Note: Bell Ranch approval was for the season and number of tags requested by the ranch.)

  7. RECEIPT OF THE DEPARTMENT'S STATUS REPORT AND RECOMMENDATION ON THE PETITION TO LIST SCOTTS VALLEY POLYGONUM (Polygonum hickmanii) AS AN ENDANGERED SPECIES. (Note: The Commission will discuss the petition, the Department's Status Report and recommendation, and will receive public testimony at its October 21, 2004, meeting in Concord.)

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

NOTE: The Department has decided to revise the draft environmental document for the proposed trapping regulations, and to recirculate the document upon completion of the revised draft. No discussion of the proposed trapping regulations (sections 460, 465.5 and 478 and new sections 458.1, 458.2, 458.3 and 460.1, Title 14, CCR) will take place at this meeting as originally proposed, but will be rescheduled for a future meeting.