November 3-4 , 2005 Meeting Summary

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

Museum of Natural History
Farrand Hall
2559 Puesta del Sol Road
Santa Barbara, CA

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Chris Miller introduced Harry Liquornik. He indicated that he would be available to answer any questions regarding their presentation and request.

    Harry Liquornik requested that the MLPA advisory panels remain in place through both the Blue Ribbon Task Force and Commission processes. He also noted that the documents which are being peer-reviewed do not include all options. He requested that the Commission address these current issues. He provided the Commission with handout materials.  

    Rick Sparhawk requested that the Commission agendize his abalone aquaculture request for its December meeting. He also requested direction from the Department regarding the necessity and details of an Environmental Impact Report (EIR.) He provided the Commission with handout materials.

    The Commission approved Mr. Sparhawk’s request to add the item to its December agenda.  

    Kate Wing indicated that it was important for the Commission to receive accurate information regarding PFMC proceedings. She provided handout materials disputing United Angler’s of Southern California’s assessment of recent meetings.

    Kenton Otto indicated that he was a commercial sea urchin diver and due to his medical condition, his doctor instructed him to stay off boats. He requested special provisions to allow a diver to collect sea urchins with his permit and to waive the requirement that he be aboard during the collection. He provided the Commission with handout materials.

    Executive Director Treanor indicated that in the past, legal counsel has advised that Commission regulations should be amended rather than grant waivers or exceptions.  

    The Commission indicated it would add Mr. Otto’s request to consider amending its current sea urchin regulations to its December agenda.  

    Paul Weakland stated that in the past he had submitted Fishery Management Plans to the Department for giant keyhole limpets, sea hares and turban snails. He indicated that the Department had not responded to his requests for emerging fisheries for these species. He provided the Commission with copies of those handout materials.  

    Sam Lang requested that sea urchin diving be allowed in the Channel Islands MPAs as the sea urchins are destroying the kelp beds.

    Christopher Nelson supported Mr. Lang’s request. He provided the Commission with an article from the LA Times regarding sea urchins as a nuisance species.

  2. PRESENTATION BY SUSTAINABLE CONSERVATION, SAN FRANCISCO, RE: THEIR RESTORATION AND SPECIES RECOVERY PROJECTS.

    Received presentation from Ashley Boren and Carolyn Remick of Sustainable Conservation; no public testimony.

  3. PRESENTATION BY UNITED ANGLERS OF SOUTHERN CALIFORNIA RE: RECENT ECONOMIC TRENDS IN ROCKFISH ECOSYSTEM MANAGEMENT EXCLUDING NONTRADITIONAL TOOLS.

    Received R.E.T.I.R.E.M.E.N.T. presentation in honor of Executive Director Treanor’s upcoming retirement; no public testimony.

  4. PRESENTATION BY THE CALIFORNIA ABALONE ASSOCIATION RE: A PROPOSED LIMITED COMMERCIAL ABALONE FISHERY AT SAN MIGUEL ISLAND.

    Received presentation; received public testimony. The Department indicated that Option 8 had been added to the draft ARMP which would allow for this request, if adopted by the Commission. The Commission will consider adoption of the ARMP at its December meeting.

  5. REQUEST OF CALIFORNIA FISHERIES COALITION FOR THE COMMISSION TO REVIEW AND CONSIDER THE CHANNEL ISLANDS MPAS. (Note: Item to start at approximately 1:30 p.m. Discussion will be limited to no more than 1½ hours.)

    Received request; received Department’s recommendation; received public testimony. Commission indicated it would be receiving an update on the monitoring of the Channel Islands MPAs at its December 9, 2005, meeting and no decision on this issue would be made until that time and only with a full Commission.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT AND 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.

      Received Department’s report; received public testimony.

    2. UPDATE ON PFMC ACTIONS AND ITS 2007/08 GROUNDFISH REGULATORY CYCLE.

      Received Department’s report; received public testimony.

    3. UPDATE ON WEST NILE VIRUS.

      Received Department’s report; no public testimony.

    4. UPDATE ON CALIFORNIA RECREATIONAL FISHERIES SURVEY (CRFS) RESULTS FOR 2005.

      Received Department’s report; received public testimony.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. MARINE SUBCOMMITTEE.
      Received Commissioner Roger’s report; received public testimony.
  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    Received Deputy Attorney General Cunningham’s report on the Open Meetings Act; no public testimony.

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

Museum of Natural History
Farrand Hall
2559 Puesta del Sol Road
Santa Barbara, CA

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION. Commission accepted its Hearing Officer’s proposed decisions on the following license and permit items for the Commission’s November 2, 2005 , Executive Session:
    1. STEVEN MARDESICH, APPROVED TRANSFERABLE MARKET SQUID LIGHT BOAT PERMIT.
    2. TIM SULLIVAN, DENIED TRANSFERABLE MARKET SQUID VESSEL PERMIT.
  2. REQUEST OF CALIFORNIA FISHERIES COALITION FOR THE COMMISSION TO CONSIDER CLASSIFYING THE COWCOD CONSERVATION AREA AND THE CALIFORNIA ROCKFISH CONSERVATION AREA AS STATE MARINE CONSERVATION AREAS.

    Received request; received Department’s comments and recommendation; received public testimony. Commission took no action based on the Department’s commitment that the issue would be considered / analyzed during the MLPA process.

  3. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED AMENDMENTS TO SECTION 163.1, TITLE 14, CCR, RE: HERRING PERMIT TRANSFERS.

    Received request; received Department’s recommendation; received public testimony. Commission directed the Department to provide additional options based on the new statute and details on the transferability of permits in other restricted access fisheries at its December meeting.

  4. COMMISSION STAFF REQUEST FOR COMMISSION AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 149.1, TITLE 14, CCR, RE: ADDING CRITERIA FOR A NON-TRANSFERABLE MARKET SQUID LIGHT BOAT PERMIT.

    Received request; received Department’s recommendation; received public testimony. Commission authorized staff to publish notice of intent to amend nontransferable squid light boat permits, as well as developing options to consider making all nontransferable permits transferable.

  5. RECEIPT OF DEPARTMENT RECOMMENDATIONS FOR CATCH-AND-RELEASE WATERS PURSUANT TO SECTION 1727 OF THE FISH AND GAME CODE .

    Received Department’s recommendations; received public testimony.

  6. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES:

    1. EMERGING FISHERIES
    2. KELP
    3. MARINE ECOLOGICAL RESERVES
    4. SHELLFISH AND SEA OTTER CONFLICTS
    Received Department’s report and recommendations; received public testimony. Commission will consider the Department’s proposed amendments to the Kelp and the Marine Ecological Reserve policies at its December 8, 2005, meeting in Concord.
  7. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTIONS 1.71, 2.10 AND 7.50 TITLE 14, CCR, RE: HOOK AND WEIGHT RESTRICTIONS. (Note: The adoption hearing is scheduled for December 9, 2005, in Concord.)

    Received Department’s recommendations; received public testimony.

  8. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 27.82(b)(5), TITLE 14, CCR, RE: ALLOWING INCREASED FISHING OPPORTUNITIES IN 2006 FOR CALIFORNIA SCORPIONFISH (Scorpanena guttata) IN THE SOUTHERN ROCKFISH AND LINGCOD MANAGEMENT ZONE. (Note: The adoption hearing is scheduled for December 9, 2005, in Concord.)

    Received Department’s recommendations; no public testimony.

CONSENT CALENDAR

  1. CONSIDERATION AND POSSIBLE ADOPTION OF CHANGES TO SECTION 401, TITLE 14, CCR, RE: ISSUANCE OF PERMITS TO TAKE ANIMALS CAUSING DAMAGE.

    Approved; no public testimony.

  2. CONSIDERATION AND POSSIBLE ADOPTION OF CHANGES TO SECTION 701, TITLE 14, CCR, RE: SPORT FISHING FORMS AND FEES.

    Approved; no public testimony.

  3. CONSIDERATION AND POSSIBLE ADOPTION OF CHANGES TO SECTION 702, TITLE 14, CCR, RE: HUNTING APPLICATIONS, TAGS, SEALS, PERMITS, RESERVATIONS AND FEES.

    Approved; no public testimony.

  4. REQUESTS OF BILL GUTHRIE AND CYNDY EDWARDS FOR REINSTATEMENT OF THEIR EXPIRED TRAPPING PERMITS.

    Approved; no public testimony.

  5. REQUEST OF JOHN FINGER, HOG ISLAND OYSTER COMPANY, FOR LEASE RENEWAL OF STATE WATER BOTTOM LEASE NO. M-430-10, MARIN COUNTY .

    Approved; no public testimony.

  6. REQUEST OF JEFFREY YOUNG, PACIFIC SEAFOOD INDUSTRIES, FOR LEASE RENEWAL AND ASSIGNMENT OF STATE WATER BOTTOM LEASE AGREEMENT FOR NO. M-653-02, SANTA BARBARA COUNTY, TO BERNARD FRIEDMAN, SANTA BARBARA MARICULTURE COMPANY.

    Approved; no public testimony.

  7. CONSIDERATION OF APPROVAL OF PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA LICENSE (2005-2010) AND 2005-2006 MANAGEMENT PLAN FOR:
    1. EAGLE ROCK RANCH, MENDOCINO COUNTY
    2. FOWLER RANCH, LAKE COUNTY
    Approved; no public testimony.
  8. DEPARTMENT REQUEST FOR COMMISSION AUTHORIZATION TO ACCEPT A CONSERVATION EASEMENT DEED, STILLWATER PLAINS MITIGATION BANK, SHASTA COUNTY.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    Commission approved the proposed 2006 meeting schedule; no public testimony.