February 3-4, 2005 Meeting Summary

Meeting of
February 3, 2005 (Thursday)
10:00 a.m.

Hubbs Sea World Research Institute
Shedd Auditorium
2595 Ingraham Street
San Diego

DISCUSSION ITEMS

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

  1. ELECTION OF OFFICERS.

    Commission reelected Commissioner Kellogg as President and elected Commissioner Flores as Vice President.

  2. PUBLIC FORUM -

    Mike McCorkle provided a handout and discussed concerns regarding an aquaculture lease that has multiple violations. He requested that the Department enforce the clean-up of the area as the lessee’s company is bankrupt.  

    Vern Goehring provided a handout and introduced the California Fisheries Coalition (CFC.) He explained that the coalition is made up of 22 commercial and sport fishing groups whose intent is to support, enhance, improve and ensure the objectives of the MLPA are met.

    Bob Fletcher provided a handout and indicated that the Sport Fishing Association of California is a member the CFC.

    Pete Halmay provided a handout and indicated that the Sea Urchin Harvesters of California is also a member of the CFC.

    Tom Stephan indicated that he was an avid falconer and requested that the Commission lengthen the falconry waterfowl season in Southern California.

    Wayne Ralph opposed the proposal to allow archers to carry side arms in the field.

    Gary Gentile provided a handout and requested that the Commission extend the archery pheasant season.

    Commissioner Flores asked Mr. Gentile to prepare and present specific recommendations to the Commission for consideration.

    Anthony Silva commented that the limits on lobster hoop nets were not being enforced and that the females with eggs are not being thrown back. He requested that the Commission change the limit to 14 per boat, per day and to shorten the season to protect “berried” females.

    Paul Weakland indicated his disappointment that the ARMP was not completed.

  3. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF DEPARTMENT INITIAL REVIEW AND RECOMMENDATION ON PETITION TO LIST THE TRICOLORED BLACKBIRD (Agelaius tricolor) AS AN ENDANGERED SPECIES.

    Received Department’s recommendation; received public testimony. Commission found that the petition to designate the Tricolored Blackbird as a candidate for the endangered species status does not provide sufficient information to indicate that the petitioned action may be warranted.

  4. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF DEPARTMENT INITIAL REVIEW AND RECOMMENDATION ON PETITION TO DE-LIST COHO SALMON (Oncorhynchus kisutch) SOUTH OF SAN FRANCISCO AS AN ENDANGERED SPECIES.

    Received Department’s recommendation; received public testimony. Commission found that the petitioned action to delist the Coho Salmon south of San Francisco as an endangered species does not provide sufficient information to indicate that the petitioned action may be warranted.

  5. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES: 
    1. ELECTION OF OFFICERS
    2. IMPLEMENTATION AND REVIEW OF POLICIES
    3. RETENTION OF COMMISSION RECORDS
    4. COOPERATION
    5. PLANNING
    6. PUBLIC INFORMATION AND EDUCATION
    7. RESEARCH

Received the Department’s report; received public testimony. President Kellogg appointed Commissioners Flores and Hattoy to a subcommittee to address possible amendments to Commission Planning Policy.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    Received Department’s report; no public testimony.

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

      Deputy Director Mastrup reported that the Department would not be receiving $4 million in hatchery funds from Tidelands Oil Mitigation Fund as previously thought.

    2. UPDATE ON PROGRESS OF DEVELOPING CALIFORNIA'S COMPREHENSIVE WILDLIFE CONSERVATION STRATEGY.

      David Bunn provided a handout and explained the process and timeline in completing the report. He reported that the results of the wildlife monitoring project would be posted to the Department’s website on a regional basis.

    3. UPDATE ON S.H.A.R.E. PROGRAM.

      Bill Gaines reported that the pilot program will be implemented by Fall 2005.

    4. UPDATE ON HATCHERY FUNDING.

      See report on Department’s Budget.

    5. UPDATE ON MLPA.

      Patty Wolf reported that a Science Team had been assembled and met for the first time. She explained that this team is charged with providing scientific information to the Blue Ribbon Task Force (BRTF) who has been conducting meetings with various interest groups.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. I. MARINE SUBCOMMITTEE.
        No report.
      2. II. AL TAUCHER POLICY ADVISORY COMMITTEE.
        Vice President Flores reported that the Al Taucher Policy Advisory Committee (ATPAC) met on December 16 and it was a very well attended meeting. He indicated that the ATPAC will be undergoing some organizational changes to create various subcommittees to address the different issues and streamline the process.
      3. III. REPORT ON THE MID-WINTER MEETING OF THE WESTERN ASSOCIATION OF FISH AND WILDLIFE AGENCIES IN SAN DIEGO.
        Executive Director Treanor reported that he attended the WAFWA mid-winter meeting in San Diego. He indicated that the annual meeting would be held in Alberta, Canada July 21-27, 2005.
    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    No report.

Meeting of
February 4, 2005 (Friday)
8:30 a.m.

Hubbs Sea World Research Institute
Shedd Auditorium
2595 Ingraham Street
San Diego

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Deputy Attorney General Cunningham reported that the Commission met in Executive Session February 3, 2005, pursuant to Government Code Section 11126(a)(1) and Section 309 of the Fish and Game Code.

  2. REQUEST OF MIKE MCCORKLE FOR COMMISSION CONSIDERATION OF RESUMPTION OF A SMALL-BOAT ARTISANAL TRAWL FISHERY FOR SPOT PRAWNS ALONG THE COASTLINE OF THE SANTA BARBARA CHANNEL.

    Item withdrawn.

  3. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS REGARDING DECLARING THE EXPERIMENTAL TANNER CRAB FISHERY AS AN EMERGING FISHERY.

    Received Department’s report and recommendations; received public testimony. Commission authorized its staff to publish notice of its intent to consider adoption of regulations to authorize a commercial trap fishery for grooved tanner crab.

  4. RECEIPT OF PUBLIC TESTIMONY ON THE PROPOSED AMENDMENTS TO SECTION 122, TITLE 14, CCR, RE: COMMERCIAL SPINY LOBSTER FISHERY.

    Received the Department’s presentation; received public testimony.

  5. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 7.50(b)(91.1), TITLE 14, CCR, RE: KLAMATH-TRINITY RIVER SALMON REGULATIONS, RECEIPT OF PUBLIC RECOMMENDATIONS FOR CHANGES IN THE KLAMATH RIVER BASIN FISHERIES, AND SELECTION OF TENTATIVE INRIVER FALL CHINOOK SALMON ALLOCATION.

    Received Department’s proposal; received public testimony. Commission authorized its staff to publish notice of its intent to amend the Klamath-Trinity River salmon regulations.

  6. RECEIPT OF DEPARTMENT PROPOSALS FOR TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2005-2006 MAMMAL HUNTING REGULATIONS. (Public comments and adoption of Department proposals are scheduled for the Commission's May 5, 2005, meeting in Sacramento. Note: No public recommendations will be received this year. By statute, public recommendations for changes in the Mammal Hunting and Trapping Regulations are considered every three years. Any recommendations received after the regulation adoption process in April 2004 will be considered at the Commission's February 2007, meeting.)

    Received Department’s proposal; no public testimony. Commission authorized staff to publish notice of intent to amend 2005-2006 mammal hunting regulations.

    1. CONSIDERATION OF REQUEST OF THE CENTER FOR BIOLOGICAL DIVERSITY, ET AL., FOR THE COMMISSION TO TAKE EMERGENCY ACTION TO REQUIRE THE USE OF NON-LEAD AMMUNITION FOR HUNTING IN THE HABITAT OF THE CALIFORNIA CONDOR.

      Received request; received the Department’s recommendations; received public testimony. The Commission denied the request for emergency action to require non-lead ammunition for hunting in the habitat of the California Condor as the request did not meet the requirements for emergency action, i.e. and immediacy of threat.

    2. CONSIDERATION OF REQUEST FOR THE COMMISSION TO CONSIDER ADOPTION OF REGULATIONS REQUIRING THE USE OF NON-LEAD AMMUNITION, INCLUDING BULLETS AND SHOT, FOR ALL HUNTING WITHIN THE STATE OF CALIFORNIA TO PROTECT ALL RAPTORS.

      Received Department’s recommendation; received public testimony. Commission denied the request to consider adding regulations requiring the phase-out of lead ammunition, including bullets and shot, for all hunting within the State of California to protect all raptors. The Commission acknowledged that lead contamination is one issue facing the full recovery of CA Condors, but agreed with the Department, the USFWS and the CA Condor Recovery Team that there is no firm evidence that lead ammunition is the cause of all lead poisoning in CA Condors. Therefore, the Commission directed the Department to continue gathering information on the many causes of lead contamination in the environment and report back to the Commission with its results, and if necessary, provide any recommendations at that time.

CONSENT CALENDAR

  1. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 670.2, TITLE 14, CCR, TO ADD THE SCOTTS VALLEY POLYGONUM (Polygonum hickmanii) TO THE LIST OF ENDANGERED SPECIES.

    Approved; no public testimony.

  2. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 27.80, TITLE 14, CCR, RE: OCEAN SALMON FISHING REGULATIONS.

    Approved; no public testimony.

  3. REVIEW OF STRIPED BASS BROODSTOCK COLLECTION PROGRAM AND CONSIDERATION OF PERMIT RENEWALS.

    Approved; no public testimony.

  4. RECEIPT OF ANNUAL REPORTS RE: U.S. MARINE CORPS, CAMP PENDLETON, EITHER-SEX DEER HUNT, SAN DIEGO COUNTY, AND U.S. ARMY, FORT HUNTER LIGGETT, ANTLERLESS DEER HUNT, MONTEREY COUNTY, UNDER SECTION 640, TITLE 14, CCR.

    Approved; no public testimony.

  5. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT APPROXIMATELY 640 ACRES FROM ALBERT D. SEENO CONSTRUCTION COMPANY AS A CONSERVATION EASEMENT, CONTRA COSTA COUNTY.

    Approved; no public testimony.

  6. APPROVAL OF MINUTES.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.