June 23-24 , 2005 Meeting Summary

Meeting of
June 23, 2005 (Thursday)
10:00 a.m.

City Council Chambers
301 W. Line Street
Bishop, CA

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM JUNE 6, 2005, TELECONFERENCE EXECUTIVE SESSION.

    The Commission accepted its Hearing Officer’s proposed decisions on the following license and permit items from the June 6, 2005 teleconference Executive Session:

    Jack Morici – Suspension of Commercial Fishing License for 18 months.

    Rodger Healy – Suspension of Commercial Sea Urchin Diving Permit for 6 months.

  2. PUBLIC FORUM

    Tom Raftican reported that a recent Department presentation to the PFMC contained recommendations regarding closing portions of the Channel Islands National Marine Sanctuary, which were not vetted to stakeholders prior to the meeting. Mr. Raftican protested the process more so than the actual result, and requested a discussion of the matter at a future meeting.

    P resident Kellogg agreed to place this matter on the agenda for the August meeting. Commissioners Hattoy and Rogers expressed concern about involving the public before decisions are made. Deputy Director Mastrup agreed to report on this matter at the Commission’s August meeting.

    April Wakeman stated that the cost of fishing licenses is a significant expense for the United Anglers of Southern California (UASC) youth saltwater fishing program. Ms. Wakeman reported that the Fish and Game Code allows the Department to issue free licenses and receive partial reimbursement from the General Fund.

    Deputy Director Mastrup expressed doubt that the General Fund could provide adequate reimbursement, given the State’s fiscal status. Mr. Mastrup agreed to investigate and discuss this matter with UASC and Department legal staff, and noted that contributions from non-governmental organizations could help pay for licenses.

    Chief Deputy Director Stein emphasized that Department funding is limited and would be reduced by Ms. Wakeman’s proposal.

    James Bunn requested that the Commission amend the squid regulations to allow licensees who qualify under the grandfather clause to have transferable permits, which may be sold with a boat. Mr. Bunn indicated that costs of a transferable permit are excessive, and said his interests were not served when the Commission designated nontransferable permits under the grandfather clause. Commissioners agreed to place this matter on the agenda for discussion in August.

    Steve Searles discussed his experience with bears near Mammoth Lakes. Mr. Searles claimed to be well known in the media and spoke of traveling to other states and countries as a bear expert. He explained that he does not want to be associated with extremist groups. He supports the Department and does not want to be adversarial. He discussed his affiliation with the City of Mammoth Lakes and his desire to collaborate with the Department in reducing bear-human conflicts.

    In response, Deputy Director Mastrup and Warden Pat Woods discussed Department policy on urban bears and bears constituting a public safety threat. Mr. Mastrup stated that the Department coordinates extensively with other agencies in these instances.

    President Kellogg expressed desire to review the Department’s bear policy and its coordination with local agencies.

  3. CONSIDERATION OF POSSIBLE A MENDMENTS TO COMMISSION POLICIES RE: THE INTRODUCTION OF EXOTICS AND THE SALTON SEA.

    Received the Department’s report; no public testimony. The Commission unanimously voted to amend its policies regarding the Introduction of Exotics and the Salton Sea, as recommended by the Department.

  4. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES:
    1. MANAGEMENT AND UTILIZATION OF FISH AND WILDLIFE ON FEDERAL LANDS
    2. MANAGEMENT AND UTILIZATION OF FISH AND WILDLIFE ON PRIVATE LANDS
    3. MULTIPLE USE OF LANDS ADMINISTERED BY THE DEPARTMENT OF FISH AND GAME
    4. NAMING INSTALLATIONS
    5. NATIONAL FORESTS
    6. PROSPECTING ON FISH AND GAME LANDS
    7. USE OF DESIGNATED DEPARTMENT LANDS FOR PRIVATELY MANAGED PUBLIC HUNTING AREAS
    8. WATER
    9. WETLANDS RESOURCES
    10. DESIGNATION OF DEPARTMENT CONTROLLED LANDS AS STATE WILDLIFE AREAS
    Received the Department’s report and public testimony. Proposed amendments will be scheduled for the August Commission meeting for public review and possible adoption.

OTHER

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

    Received the Department’s report; no public testimony.

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

      Chief Deputy Director Stein discussed results of the Fish and Game Preservation Fund audit, which showed that hatchery funding was not reduced as dramatically as first thought, or as much as that of other programs. He reported that the Department has unfunded mandates which strain dedicated accounts. He indicated that the Department is still reviewing the recently released audit and would have additional comments in the future.

    2. UPDATE ON MLPA.

      Deputy Director Mastrup provided an update of a recent Central Coast Regional Stakeholder Group meeting, broadcast through slospan.org and calspan.org. He reported that the Commission had tentatively scheduled public meetings for Santa Barbara and Oakland.

      Commissioners agreed to schedule additional public meetings in Santa Rosa, Eureka and San Diego to review the MLPA Draft Master Plan Framework and the Abalone Recovery and Management Plan.

    3. DEPARTMENT UPDATE ON ITS PROGRESS IN DEVELOPING POSSIBLE AMENDMENTS TO SECTION 119, TITLE 14, CCR.

      Deputy Director Mastrup reported that the Department recommends increasing the permit area for shrimp trawl nets inside the Golden Gate Bridge by adding District  3. The Department does not support adding Grizzly and Honker bays because of concerns over listed species. Mr.  Mastrup agreed to meet with the fishermen and one or two commissioners to discuss this matter further.

    4. DEPARTMENT UPDATE ON ITS FISHING IN THE CITY PROGRAM.

      Dr. Ed Pert reported that existing funding is adequate to cover the current level of activity, and the Department’s South Coast Region is attempting to fill a vacant Interpreter I position by the end of Summer.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. I. AL TAUCHER POLICY ADVISORY COMMITTEE.

        Vice President Flores discussed the most recent meeting on June 16. He reported that subcommittees have been formed to investigate relevant issues and make recommendations, and that the Legislative Subcommittee will soon provide written recommendations to the Commission on pending legislation.

    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    No report.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.

  6. UPDATE ON THE SIERRA NEVADA BIGHORN SHEEP PROGRAM.

    Received Department’s report; no public testimony.

  7. FIELD TRIP – TIME PERMITTING, THE COMMISSION WILL HAVE A FIELD TRIP TO THE OWENS RIVER GORGE. THE PUBLIC IS INVITED, BUT MUST PROVIDE THEIR OWN TRANSPORTATION.

    The field trip to the Owens River Gorge occurred as scheduled.

Meeting of
June 24, 2005  (Friday)
8:30 a.m.

City Council Chambers
301 W. Line Street
Bishop, CA

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Deputy Attorney General Cunningham announced that there was no Executive Session and requested continuance of this item for a teleconference session during the week of July 11. Commission approved the request.

  2. OPENING OF BIDS AND AWARDING A LEASE FOR KELP BED NO. 223, SAN MATEO COUNTY .

    Received Department recommendation and public comments. The Commission awarded lease of Kelp Bed # 223 to Mr. Doug Hayes.

  3. CONSIDERATION OF 2005-2006 CALIFORNIA DUCK STAMP AND DUCKS UNLIMITED M.A.R.S.H. PROJECTS.

    Received and approved the Department’s proposed projects; no public testimony.

  4. CONSIDERATION OF REQUESTS BY THE SCRIPPS RESEARCH INSTITUTE AND U.C. SAN DIEGO TO ADD TRANSGENIC ZEBRAFISH (Danio rerio) TO THEIR RESTRICTED SPECIES LIST FOR BIOMEDICAL RESEARCH PURPOSES.

    Received the Department’s recommendation to approve the request; received public testimony. Commission approved the request.

  5. RECEIPT OF PUBLIC RECOMMENDATIONS AND REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO CONSIDER AMENDMENTS OF THE MIGRATORY GAME BIRD (WATERFOWL) REGULATIONS FOR 2005-2006. ( Note : The adoption hearing is scheduled for August 19, 2005, in San Luis Obispo.)

    Received Department’s recommendations; received public testimony. The Commission did not approve a request to consider restricting the area and weekly hunt days for waterfowl hunting in Morro Bay. The Commission approved a request to consider making shooting hours at Morro Bay the same as shooting hours elsewhere in the State, and authorized staff to publish notice of intent to amend waterfowl regulations, as otherwise recommended by the Department.

  6. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 163 AND 164, AND TO ADD SECTION 163.1, TITLE 14, CCR, RE: COMMERCIAL HERRING FISHERY AND HARVESTING OF HERRING EGGS ON KELP. ( Note: The Commission will receive public testimony at its August 19, 2005, in San Luis Obispo. The adoption hearing is scheduled for September 30, 2005, in Susanville.)

    Received Department’s recommendations; no public testimony. Commission authorized staff to publish notice of intent to amend and/or add regulations regarding the commercial herring fishery and the harvesting of herring eggs on kelp.

  7. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 401, TITLE 14, CCR, RE: ISSUANCE OF PERMIT TO TAKE ANIMALS CAUSING DAMAGE.

    Received Department’s proposal; no public testimony. Commission authorized staff to publish notice of intent to amend regulations regarding issuance of permit to take animals causing damage.

CONSENT CALENDAR

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

    Item withdrawn.

  2. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 230(d), TITLE 14, CCR, RE: SPECIAL PROVISIONS FOR BLACK BASS TOURNAMENTS.

    Approved; no public testimony.

  3. CONSIDERATION OF APPROVAL OF PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA LICENSE (2005-2010) AND 2005-2006 MANAGEMENT PLAN FOR:
    1. BIG BLUFF RANCH, TEHAMA COUNTY
    2. BURROWS RANCH, TEHAMA COUNTY
    3. CARLEY RANCH, MENDOCINO COUNTY
    4. CLOUD'S WARNER MOUNTAIN RANCH, MODOC COUNTY
    5. ENG RANCH, SAN LUIS OBISPO COUNTY
    6. FIVE DOT RANCH, HORSE LAKE UNIT, LASSEN COUNTY
    7. FIVE DOT RANCH, WILLOW CREEK UNIT, LASSEN COUNTY
    8. ISABEL VALLEY RANCH, SANTA CLARA COUNTY
    9. MASUT COVELO RANCH, MENDOCINO COUNTY
    10. MENDIBOURE RANCH, LASSEN COUNTY
    11. POTTER VALLEY WMA, MENDOCINO COUNTY
    12. ROBINSON CREEK RANCH, MENDOCINO COUNTY
    13. SEVEN SPRINGS RANCH, MENDOCINO COUNTY
    14. STEWART RANCH, TRINITY COUNTY
    15. SUMMER CAMP, MENDOCINO COUNTY
    16. WHITE CLOUD RESOURCES, MENDOCINO COUNTY
    Approved; no public testimony.
  4. CONSIDERATION OF APPROVAL OF ANNUAL REPORT AND 2005-2006 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:
    1. BIG MORONGO SPRINGS RANCH, SAN BERNARDINO COUNTY
    2. CATALINA ISLAND, LOS ANGELES COUNTY
    3. CEDAR CANYON RANCH, SAN LUIS OBISPO COUNTY
    4. CLARKS VALLEY-RED ROCK RANCH, LASSEN COUNTY
    5. CORNING LAND AND CATTLE COMPANY, TEHAMA COUNTY
    6. EDEN VALLEY RANCH, MENDOCINO COUNTY
    7. LOOKOUT RANCH, MODOC COUNTY
    8. LONE RANCH, SAN BENITO COUNTY
    9. MARTIN RANCH, MENDOCINO COUNTY
    10. MEISSNER RANCH, SHASTA COUNTY
    11. PRATHER RANCH, SISKIYOU COUNTY
    12. RANCHO GARATE, LASSEN COUNTY
    13. RANCHO LA CUESTA, SAN BENITO COUNTY
    14. ROOSTER COMB RANCH, STANISLAUS COUNTY
    15. SPANISH VALLEY RANCH, NAPA COUNTY
    16. SPRING VALLEY RANCH, MENDOCINO COUNTY
    17. TEJON RANCH, KERN COUNTY
    18. WILLIAMS RANCH, SHASTA COUNTY
    Approved; no public testimony.
  5. REQUEST OF GORDON FOX FOR AN EXPERIMENTAL GEAR PERMIT TO UTILIZE LADNER TRAPS FOR SPOT PRAWN TRAP FISHING.

    Approved; no public testimony.

  6. CONSIDERATION OF APPROVAL FOR THE CORRECTION OF THE HUNTING DATES FOR ELK ON THE BAR B6 PLM, SAN LUIS OBISPO COUNTY.

    Approved; no public testimony.

  7. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT SEVEN REAL ESTATE MITIGATION PROJECTS.

    Approved; no public testimony.

  8. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT CITY OF PLEASANTON HAPPY VALLEY PROJECT CONSERVATION EASEMENT DEED, ALAMEDA COUNTY.

    Approved; no public testimony.

  9. REQUEST OF DR. BRUCE HARGER, NEUSHUL MARICULTURE, FOR A 90-DAY EXTENSION FOR THEIR STATE WATER BOTTOM LEASE NO. M-654-03.

    Approved request for 120 days; no public testimony.

  10. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 180.1, TITLE 14, CCR, SPOT PRAWN FISHING.

    Approved; no public testimony.

  11. CONSIDERATION TO DECLARE ABANDON ECOMAR'S STATE WATER BOTTOM LEASE NO. M-652-01, SANTA BARBARA COUNTY.

    Approved; no public testimony.

  12. RECEIPT OF DEPARTMENT PETITION TO UPLIST BAKER'S LARKSPUR (Delphinium bakeri) FROM RARE TO ENDANGERED. ( Note: Discussion of this petition pursuant to Section 2074.2 of the Fish and Game Code will occur at the Commission's August 18, 2005, meeting in San Luis Obispo.)

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    The Commission scheduled a series of five special meetings to inform the public and obtain public input on the MLPA Draft Master Plan Framework, and the Abalone Recovery and Management Plan. These meetings are scheduled as follows:  

    • July 12, 2005 Santa Barbara
    • July 19, 2005 Oakland
    • August 4, 2005 Santa Rosa
    • August 9, 2005 Eureka
    • August 16, 2005 San Diego
    Meetings on the MLPA Draft Master Plan Framework are scheduled from 3:00 pm until 5:00 pm each day, whereas the Abalone Recovery and Management Plan meetings are scheduled from 7:00 pm until 9:00 pm. Meeting locations.