May 3-5, 2005 Meeting Summary

Meeting of
May 3, 2005 (Tuesday)
1:00 p.m.

Secretary of State Auditorium*
1500 11th Street
Sacramento

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Ross Smith stated that it was his opinion that the decline of rockfish was the fault of commercial fishermen. He commented that recreational fishermen have been blamed for these problems for too long with no evidence. He requested that the Commission keep the nearshore recreational rockfish season open 12 months a year.

    David Crabbe stated that two squid lightboats in the Monterey area did not qualify for permits under the new window period adopted as part of the squid FMP. He asked if this was a mistake as he believed the original intention was for the lightboat window period to mirror that of the seiners.

    Sal Tringale indicated that he was one of the boat owners who do not qualify because of the new window period. He explained that he was unaware that this criterion was in the package the Commission considered and then later adopted. He asked if the window period could be amended.

    Deputy Director Mastrup responded that any changes to the qualifying window period for squid light boat permits would require a regulatory amendment.

    Commissioner Hattoy asked if this particular situation could be handled through the existing appeal hearing process.

    Executive Director Treanor responded that these fishermen should submit their applications to the Department and they should address any mitigating circumstances regarding the qualifying criteria for the squid light boat permits. He indicated that if the Department denied the applications, the Commission would schedule an appeal hearing at which time the Commission can provide direction to its Hearing Officer on how to handle this situation.

    Walt Mansell discussed the importance of continuing the joint meeting with the Board of Forestry. He explained that cooperation between these agencies is essential for the health of California’s resources. He cautioned against too many man-made changes in crucial wildlife habitat.

    Jim Martin requested that the Commission increase the daily bag limit for salmon on the Sacramento River. He also requested maps for all areas under consideration in the current MPA process.

    Vice President Flores responded that there are several special meetings which have been scheduled on the river in Redding, Sacramento and Rio Vista. He indicated that the request to increase the daily bag limit for salmon on the Sacramento River could be incorporated into one of these meetings.

    Executive Director Treanor indicated that maps would be available at the upcoming Commission meetings addressing the MPAs.

    Bob Strickland requested a status report on his prior requests to increase the surf perch bag limit for recreational shore anglers to 10 fish, south of the San Francisco Bay. He requested an emergency action to address the situation.

    Deputy Director Mastrup responded that the Commission had directed the Department to work on his request, but he did not have the information at hand. He indicated that he would provide a report at the Commission meeting on Thursday.

    Executive Director Treanor explained that Mr. Strickland’s request does not qualify for emergency regulatory action under Section 240 of the CA Fish and Game Code, but that it could be considered under a normal regulatory process this year.

    Bob Strickland asked if the illegal take of salmon in the Sacramento River would be addressed at the special meetings in Sacramento, Redding or RioVista. He also inquired if any of those meetings had been scheduled.

    Chief Nancy Foley responded that the meetings will all be scheduled before September and that any resulting regulatory proposals would be presented at the Commission’s December meeting.

    Paul Weakland provided several handouts to the Commission. He discussed the history of abalone research and asked why agenda items regarding abalone are always scheduled toward the end of the Commission meetings.

    Executive Director Treanor responded that the status report on the draft Abalone Recovery and Management Plan is on the current agenda as Item Number 8(a) out of 25 agenda items.

  2. AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO ADOPT REGULATIONS TO PROHIBIT REMOTE HUNTING.

    Received Department’s report; received public testimony. Commission authorized its staff to publish notice of its intent to move forward with clarifying regulatory language to prohibit remote hunting in California.

  3. RECEIPT OF DEPARTMENT'S ANNUAL STATUS OF THE FISHERIES REPORT.

    Received Department’s report; received public testimony.

  4. RECEIPT OF ANNUAL REVIEW OF WHITE SEABASS FISHERY MANAGEMENT PLAN FOR 2003-2004 FISHING SEASONS.

    Received Department’s report; received public testimony.

  5. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES:
    1. ENDANGERED AND THREATENED SPECIES
    2. INTRODUCTION OF EXOTICS
    3. LAND USE PLANNING
    4. SALTON SEA
    5. RAPTORS
    6. DEER MANAGEMENT
    7. DEPREDATION CONTROL
    8. ELK
    9. UPLAND GAME

    Deputy Director Mastrup reported that the Department was working to tighten the regulations and create new approaches to dealing with exotic animals in California. He noted that they are also working to clean up the language within the policies on land use planning and the Salton Sea. He noted that the Department would be providing suggested amendments in the near future.

    Commissioner Hattoy asked if the recent problems regarding exotic animals were a matter of insufficient funding for enforcement.

    Mr. Mastrup responded that the problem until now, has been a general lack of public support to generate sufficient funding to address the exotic species problems.

    Virginia Handley supported changes to strengthen the regulations governing exotic and invasive species in the state.

  6. BRIEFING BY UNITED ANGLERS OF SOUTHERN CALIFORNIA RE: DEPARTMENT OF FISH AND GAME'S FISHING IN THE CITY PROGRAM.

    Received UASC’s report; received public testimony. Commission requested the Department provide an update at the next meeting.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT, POSSIBLE CONSIDERATION OF COMMISSION POSITION ON LEGISLATION.

    Received Department’s report; received public testimony.

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

      No report; no public testimony.

    2. UPDATE ON MLPA.

      Received report from the Chairman of the Blue Ribbon Task Force; received public testimony.

    3. UPDATE ON AQUA HEDIONDA LAGOON'S SPORT FISHING REGULATIONS.

      Received update; no public testimony.

    4. DEPARTMENT BRIEFING RE: OFFICE OF OIL SPILL PREVENTION AND RESPONSE.

      Received Department’s briefing; no public testimony.

    5. STATUS REPORT ON THE DRAFT ABALONE RECOVERY MANAGEMENT PLAN.

      Received Department’s report; received public testimony.

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

      No report; no public testimony.

    2. STAFF REPORTS.

      No report; no public testimony.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    No report; no public testimony.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report; no public testimony.


Meeting of
May 4, 2005 (Wednesday)
8:00 a.m.

Strawberry Valley

Members of Board of Forestry and Fire Protection and Fish and Game Commission participated in a joint field trip.


Meeting of
May 5, 2005 (Thursday)
8:00 a.m.

Secretary of State Auditorium*
1500 11th Street
Sacramento

JOINT MEETING WITH BOARD OF FORESTRY ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. INTRODUCTIONS.
  2. WELCOMING REMARKS BY THE CHAIRMAN OF THE BOARD OF FORESTRY AND FIRE PROTECTION AND THE PRESIDENT OF THE CALIFORNIA FISH AND GAME COMMISSION.
  3. REPORT OF DIRECTOR, CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION.
  4. REPORT OF DIRECTOR, CALIFORNIA DEPARTMENT OF FISH AND GAME.
  5. REPORT BY THE DEPARTMENTS REGARDING IMPLEMENTATION OF JOINT POLICY ON PRE-, DURING AND POST FIRE ACTIVITIES AND WILDLIFE HABITAT.
    1. ENDANGERED AND THREATENED SPECIES
  6. REPORT BY THE DEPARTMENTS REGARDING IMPLEMENTATION OF JOINT POLICY ON HARDWOODS.
    1. REPORT BY BOARD STAFF ON RECOMMENDATIONS FOR MODIFYING JOINT POLICY.
  7. REPORT BY DEPARTMENTS REGARDING IMPLEMENTATION OF JOINT POLICY ON PACIFIC SALMON AND ANADROMOUS TROUT.
    1. REPORT BY DEPARTMENT OF FISH AND GAME ON COHO SALMON RECOVERY STRATEGY.
  8. REPORT OF FEDERAL AGENCIES, INCLUDING NOAA FISHERIES, U.S. FOREST SERVICE, U.S. FISH AND WILDLIFE SERVICE AND U.S. EPA.
  9. PUBLIC FORUM - MEMBERS OF THE PUBLIC MAY ADDRESS THE BOARD AND COMMISSION ON ANY TOPIC WITHIN THEIR JURISDICTION NOT OTHERWISE ON THE AGENDA. PLEASE BE PREPARED TO SUMMARIZE COMMENTS IN FIVE MINUTES OR LESS.
  10. NEW AND UNFINISHED BUSINESS.
  11. ADJOURNMENT.

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. SANFORD WINSTON, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: SPOT PRAWN TRAWL.
    3. CENTER FOR BIOLOGICAL DIVERSITY vs. CALIFORNIA FISH AND GAME COMMISSION RE: TIGER SALAMANDER.
  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. RODGER JAMES HEALY, REVOCATION OF COMMERCIAL SEA URCHIN DIVING PERMIT.
    2. JACK MORICI, REVOCATION OF COMMERCIAL FISHING LICENSE (OPERATOR/RECEIVER).

Meeting of
May 5, 2005 (Thursday)
10:30 a.m.

Secretary of State Auditorium*
1500 11th Street
Sacramento

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    There was no Executive Session, therefore no report.

  2. OPENING OF BIDS AND AWARDING THE LEASE FOR KELP BED NO. 214, MONTEREY COUNTY, AND SUBLEASE OF KELP BED NO. 209, SAN LUIS OBISPO COUNTY.

    Commission awarded the lease for kelp bed No. 214 and sublease for kelp bed No. 209 to the Nature Conservancy.

  3. CONSIDERATION OF FINAL CERTIFICATION OF ENVIRONMENTAL DOCUMENTS, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVES) AND ADOPTION OF TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2005-2006 MAMMAL HUNTING REGULATIONS.

    Received the Department’s proposal; no public testimony. Commission certified the environmental documents and adopted the proposed changes.

  4. REQUEST OF RON NEWGARD FOR COMMISSION CONSIDERATION TO AMEND SECTION 119, TITLE 14, CCR, RE: REGULATIONS AFFECTING COMMERCIAL SHRIMP BAIT BOATS INSIDE THE GOLDEN GATE BRIDGE .

    Received Mr. Newgard’s request; no public testimony. Commission directed the Department to work with the fishermen to identify possible solutions.

  5. REQUEST OF POINT CONCEPTION GROUND FISHERMEN'S ASSOCIATION FOR COMMISSION RECONSIDERATION OF THE COWCOD CONSERVATION AREA BOUNDARIES AND THE UNNECESSARY HARDSHIPS PLACED ON GROUNDFISH FISHERMEN IN SOUTHERN CALIFORNIA.

    Received request; received public testimony. Commission supported the request and directed the Department to discuss possible solutions with the PFMC.

  6. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 122, TITLE 14, CCR, RE: COMMERCIAL SPINY LOBSTER FISHERY.

    Received Department’s proposal; received public testimony. Commission adopted proposed changes to include Option A as well as Sub-option A with minimum landings of 2,000 lbs for at least two years of the window period; up to 10 transfers per year with a 3 year sunset clause; and no trap limits. The Commission directed the Department to return with recommendations regarding trap limits.

  7. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 27.80, TITLE 14, CCR, RE: OCEAN SALMON FISHING REGULATIONS.

    Received Department’s proposal; no public testimony. Commission adopted proposed changes.

  8. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 7.50(b)(91.1), TITLE 14, CCR, RE: KLAMATH-TRINITY RIVER SALMON REGULATIONS.

    Received Department’s proposal; no public testimony. Commission adopted proposed changes.

  9. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 7.00(f), TITLE 14, CCR, RE: SOUTHERN DISTRICT STEELHEAD WATERS.

    Received Department’s proposal and recommendations; no public testimony. Commission postponed action until its June 23-24, 2005, meeting.

CONSENT CALENDAR

  1. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 630, TITLE 14, CCR, RE: ECOLOGICAL RESERVES.

    Received Department’s recommendations; received public testimony. Commission approved request.

  2. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 632, TITLE 14, CCR, RE: MARINE PROTECTED AREAS.

    Approved; no public testimony.

  3. REQUEST OF PAUL BYRNE, EAGLENET SEA FARMS, FOR A 90-DAY EXTENSION FOR HIS AQUACULTURE LEASE M-653-09.

    Approved; no public testimony.

  4. APPROVAL OF ANNUAL REPORT AND 2005-2006 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:
    1. BAR B6, SAN LUIS OBISPO COUNTY
    2. BASIN VIEW RANCH, MODOC COUNTY
    3. BLACK RANCH, SHASTA COUNTY
    4. BUCKEYE RANCH, SOLANO COUNTY
    5. CAPISTRAN RANCH, MENDOCINO COUNTY
    6. CHIMNEY ROCK RANCH, SAN LUIS OBISPO COUNTY
    7. CLARK & WHITE RANCH, SAN LUIS OBISPO COUNTY
    8. GABILAN RANCH, MONTEREY COUNTY
    9. MILLER-ERIKSEN RANCH, MENDOCINO COUNTY
    10. PINE CREEK CATTLE CO. – MADELINE RANCH, LASSEN COUNTY
    11. PINE RANCH, YOLO AND COLUSA COUNTIES
    12. R-R RANCH, MENDOCINO COUNTY
    13. SCHNEIDER RANCH, MENDOCINO COUNTY
    14. SHAMROCK RANCH, MENDOCINO COUNTY
    15. SL RANCH, MODOC COUNTY
    16. SOUTH KNOB RANCH, LASSEN COUNTY
    17. TEMBLOR RANCH, SAN LUIS OBISPO COUNTY
    18. TRINCHERO RANCH, SAN BENITO COUNTY
    19. WORK RANCH, MONTEREY COUNTY
    Approved; no public testimony.
  5. DEPARTMENT REQUEST FOR COMMISSION AUTHORIZATION TO ACCEPT FEE TITLE TRANSFER FOR CHRISTINA PRESERVE MITIGATION SITE (35.2 " ACRES), SONOMA COUNTY ; CONSERVATION EASEMENT DEED FOR DESMOND MITIGATION BANK, (48.3 " ACRES), SONOMA COUNTY; CONSERVATION EASEMENT DEED FOR HALE MITIGATION BANK (75 " ACRES), SONOMA COUNTY; CONSERVATION EASEMENT DEED FOR HAZEL MITIGATION BANK (103.09 " ACRES), SONOMA COUNTY; AND CONSERVATION EASEMENT DEED FOR SLIPPERY ROCK MITIGATION BANK, (38.06 " ACRES), SONOMA COUNTY.

    Approved; no public testimony.

  6. APPROVAL OF MINUTES.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.