December 8-9 , 2005 Meeting Agenda

Meeting of
December 8, 2005 (Thursday)
10:00 a.m.

The James W. Kellogg Training Center
935 Detroit Ave
Concord, CA

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Tom Raftican indicated that despite the letter submitted by NRDC at the Commission’s November meeting, United Anglers stands by their position of opposition regarding the Department’s actions at past PFMC meetings.

    Virginia Handley requested that agenda item number 26, regarding wildlife rehabilitation be pulled from the consent calendar as there are several options which are not currently included in the notice of intent.

    Commission unanimously supported Ms. Handley’s request.

    Phil Martinelli indicated his concern that the Department issued 40 turkey depredation permits despite National Wild Turkey Federation’s offer to trap and relocate nuisance turkeys. He provided the Commission with handout material.

    Deputy Director Mastrup responded that these particular depredation permits were issued by an employee who was not aware of the Department’s policy. He added that this problem has been corrected and emphasized that the Department will continue to educate and promote wild turkey reintroduction.

    Eric Mills supported Ms. Handley’s request and requested the Commission place a moratorium on the importation of bullfrogs and turtles to live animal markets in California. He also requested that the Department eradicate the African Clawed frogs from the San Francisco Lilly Pond. He requested that the Commission re-agendize the proposed ban on the use of roboducks in California , and handed out a flyer on the ban in Arkansas , implemented only this year.

    Deputy Director Mastrup indicated that the Department is currently working on a successful eradication attempt while trying to keep a low profile due to the potential spread of the frogs. He explained that the City has been very cooperative but emphasized that there is no money in the budget for these important eradication plans.

    Paul Weakland commented that he thought Director Broddrick and Deputy Director Stein should be present for Executive Director Treanor’s last meeting before retirement. He also requested that the Department respond to the request for fishery management plans for the keyhole limpet and turban snails.

  2. PRESENTATION BY PETER LEIPZIG, FISHERMEN’S MARKETING ASSOCIATION, RE:  THE PINK SHRIMP TRAWL FISHERY.

    Received presentation from Mr. Leipzig; received public testimony.

  3. REQUEST OF RICHARD SPARHAWK, SAN DIEGO, FOR APPROVAL OF METHODOLOGY TO IDENTIFY HIS ABALONE AS AN AQUACULTURE PRODUCT PURSUANT TO SECTION 238(e), TITLE 14, CCR, AND FOR A DETERMINATION RE:  CEQA COMPLIANCE FOR HIS PROJECT.

    Received request from Mr. Sparhawk; received public testimony. The Department indicated that it had not had time to adequately evaluate Mr. Sparhawk’s proposal and requested a continuance of his request. The Commission directed the Department to work with Mr. Sparhawk and provide their recommendations at the Commission’s February meeting.

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

    1. COMMISSION DESIGNATED WILD TROUT WATERS
    2. COOPERATIVELY OPERATED REARING PROGRAMS FOR SALMON AND STEELHEAD
    3. WILDERNESS AREAS
    4. CRITERIA FOR CONSIDERING APPEALS OF PERMANENT REVOCATION OF A COMMERCIAL LICENSE OR PERMIT
    5. COMMERCIAL FISHING AND PACKING INDUSTRIES
    6. COMMISSION AGENDA
    7. COMMISSION OFFICE STAFFING
    8. LEGISLATION
    9. AL TAUCHER’S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES
    Received Department’s report on policies (A) and (C) through (I); received public testimony.
  5. CONSIDERATION OF POSSIBLE AMENDMENTS TO COMMISSION POLICIES RE: KELP AND MARINE ECOLOGICAL RESERVES.

    Received public testimony. Commission unanimously approved the proposed policy amendments.

  6. RECEIPT OF DEPARTMENT'S TENTATIVE RECOMMENDATIONS FOR ANTLERLESS/EITHER-SEX DEER HUNTS FOR 2006-2007.

    Received Department’s recommendation; no public testimony. Commissioner Flores indicated that he would like to add a junior elk hunt next fall and a junior turkey hunt sometime next year, as well as adding a late season archery hunt. He also directed the Department to look at changing the junior license eligibility date for tag draws to include younger hunters.

  7. ANNUAL REVIEW OF WHITE STURGEON WILD BROODSTOCK COLLECTION PROGRAM AND CONSIDERATION OF CONTINUATION OF THE PROGRAM WITH AUTHORIZATION OF BROODSTOCK COLLECTION PERMITS.

    Received annual review; received public testimony. Commission unanimously approved the continuation of the program and authorized the proposed broodstock collection permit.

  8. CONSIDERATION AND POSSIBLE ADOPTION OF THE DRAFT ABALONE RECOVERY AND MANAGEMENT PLAN.

    Received the draft ARMP with latest amendments; received public testimony. Commission approved the ARMP with Alternative 8 and specified amendments to Section 7.1.2 and reference tables 7-2 and 7-4.

OTHER

  1. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS

    1. UPDATE ON DEPARTMENT'S BUDGET.

      No report.

    2. UPDATE ON PFMC ACTIONS.

      Received report; no public testimony.

    3. STATUS OF IMPLEMENTATION OF MLMA AND NEARSHORE FISHERIES MANAGEMENT PLAN.

      No report. Departments requested the opportunity to provide the report at the Commission’s March 2006, meeting.

    4. UPDATE ON IMPLEMENTATION OF AB 1431 HALIBUT TRAWL GEAR.

      Received written report; no public testimony.

  2. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
    2. STAFF REPORTS.

      Executive Director Treanor indicated that the Commission had received from AGP video, all of its 2005 meetings through November on DVD. He explained that a motion would be in order to accept the DVDs as the permanent minutes.

      Deputy Attorney General Cunningham explained that the DVDs are a more complete, effective collection of history and requested an official resolution from the Commission recognizing them as the minutes in lieu of written minutes.

      Commission unanimously approved a resolution recognizing the DVD recordings of the Commission’s meetings as the official minutes.

  3. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.

  4. POSSIBLE COMMISSION INTERVIEWS OF PROSPECTIVE CANDIDATES AND POSSIBLE SELECTION OF THE COMMISSION’S NEW EXECUTIVE DIRECTOR.

    Executive Director Treanor indicated that this agenda item had been rescheduled for a Special Commission Meeting on December 21, 2005 , in Sacramento .


Meeting of
December 9, 2005  (Friday)
8:30 a.m.

The James W. Kellogg Training Center
935 Detroit Ave
Concord, CA

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    The Commission accepted its Hearing Officer’s proposed decisions on the following license and permit items from the December 8, 2005 Executive Session:

    1.  HENRY DERONDEN-POS, APPROVED, TRANSFER SALMON VESSEL PERMIT.  
    2. ROBERT JACKSON, APPROVED, TRANSFERABLE MARKET SQUID VESSEL PERMIT.
    3. LINDY O’LEARY, DENIED, RESTRICTED SPECIES ANIMAL CARE – DETRIMENTAL SPECIES AND RESTRICTED SPECIES SHELTER PERMITS.
    4. WILLIAM SUTTON, DENIED, TRANSFERABLE MARKET SQUID VESSEL PERMIT.
    5. ANNA WONG, 90-DAY SUSPENSION, SOUTH-CENTRAL COAST REGION NEARSHORE FISHERY PERMIT AND DEEPER NEARSHORE SPECIES FISHERY PERMIT.
    6. LARRY WONG, REVOCATION, NORTH-COAST REGION NEARSHORE FISHERY PERMIT AND DEEPER NEARSHORE SPECIES FISHERY PERMIT.
    1. UPDATE ON CHANNEL ISLANDS MPAS MONITORING AND IMPLEMENTATION STATUS.

      Received update; received public testimony.

    2. CONSIDERATION OF REQUEST BY CALIFORNIA FISHERIES COALITION FOR POSSIBLE AMENDMENT TO SECTION 632, TITLE 14, CCR, RE: CHANNEL ISLANDS MPAS.

      Request tabled in lieu of the 6 action requests submitted by Ms. Schroeder, during her presentation.

      Commission unanimously approved the 6 th action request for a letter from the Commission to the CA Ocean Protection Council and the CA Coastal Conservancy, stating its support for collaborative research and management. Commission directed the Department to provide a response to the remaining 5 action request items at its February 2006 meeting.

  2. REQUEST OF D.F. ARNOLD, ESQ. FOR COMMISSION CONSIDERATION TO BAN THE COMMERCIAL FISHING FOR CALIFORNIA HALIBUT WITHIN BODEGA BAY, SONOMA COUNTY.

    Did not receive request as D.F. Arnold was not present; no public testimony. Commission unanimously denied request.

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

    Received public testimony. Commission unanimously adopted proposed amendments to include Option 2.

  4. REQUEST OF THE CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER FOR COMMISSION CONSIDERATION TO CLOSE HAIWEE RESERVOIR TO ALL FISHING.

    Received request, received Department’s recommendation to deny request at this time and address closure within the predetermined regulatory cycle for sport fishing; no public testimony. Commission unanimously denied the request and accepted the Department’s recommendations to address during the review of the sport fishing regulations beginning in August 2006.

  5. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 1.71, 2.10 AND 7.50(b), AND TO ADD SECTIONS 1.60, 1.61, AND 1.93, TITLE 14, CCR, RE: HOOK AND WEIGHT RESTRICTIONS.

    Received Department’s recommendations; received public testimony. Commission adopted Option 1, excluding the restrictions for both leader length and gap size.

  6. REQUEST OF KENTON OTTO, FOR COMMISSION TO AUTHORIZE ITS STAFF TO PUBLISH NOTICE OF ITS INTENT TO CONSIDER AMENDING SECTION 120.7, TITLE 14, CCR, RE: SEA URCHIN DIVER ASSISTANTS.

    Received request; received public testimony. Commission unanimously authorized its staff to publish notice of its intent to consider amending regulations regarding sea urchin diver assistants.

  7. REQUEST OF TIM HORNER FOR THE COMMISSION TO CONSIDER AMENDMENT OF COMMERCIAL TRIP LIMITS FOR THE CABEZON FISHERY BASED ON NEW STOCK ASSESSMENT RESULTS.

    Item rescheduled at the request of Mr. Horner for the Commission’s February 2006, meeting.

  8. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO ADD SECTION 126 AND AMEND SECTION 180.2, TITLE 14, CCR, RE: COMMERCIAL TANNER CRAB FISHERY PROVISIONS.

    Received Department’s recommendations; no public testimony. Commission unanimously adopted the proposed regulations regarding the commercial tanner crab fishery.

  9. UPDATE ON DEVELOPMENT OF REGULATORY LANGUAGE FOR PROPOSED CHANGES TO SECTION 149.1, TITLE 14, CCR, RE: ADDING CRITERIA FOR A NON-TRANSFERABLE MARKET SQUID LIGHT BOAT PERMIT AND MAKING ALL NON-TRANSFERABLE SQUID PERMITS TRANSFERABLE.

    Received Staff recommendations; received public testimony. Commission unanimously approved the request to authorize staff to publish notice of its intent to amend and add criteria for nontransferable market squid light boat permits and making all nontransferable squid permits transferable.

CONSENT CALENDAR

  1. REQUEST OF DR. BRUCE HARGER, NEUSHUL MARICULTURE INC., FOR LEASE RENEWAL OF STATE WATER BOTTOM LEASE NO. M-654-03.

    Approved; no public testimony.

  2. CONFIRMATION OF COMMISSION’S NOVEMBER 4, 2005, ACTION TO AUTHORIZE ITS STAFF TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 27.60 AND 28.59, TITLE 14, CCR, RE: TO INCREASE THE DAILY BAG LIMIT OF SURFPERCH.

    Approved; received public testimony.

  3. CONSIDERATION OF DEPARTMENT ANNUAL RECOMMENDATION FOR CEILINGS ON RESERVOIR ACCESS FEES ALLOWED BY THE COMMISSION'S POLICY ON "STOCKING FISH IN WATERS WHERE ANGLERS PAY ACCESS FEES."

    Approved; no public testimony.

  4. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 679, TITLE 14, CCR, RE: WILDLIFE REHABILITATION.

    Received public testimony. Item rescheduled for Commission’s February 2006, meeting.

  5. CONSIDERATION AND POSSIBLE ADOPTION OF 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.

    Approved; no public testimony.

  6. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 119, TITLE 14, CCR, RE: TRAWL NETS.

    Approved; no public testimony.

  7. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT A CONSERVATION EASEMENT DEED COVERING APPROXIMATELY 108 ACRES, YOLO COUNTY.

    Approved; no public testimony.

  8. REQUEST OF MIKE MCCORKLE, SANTA BARBARA, FOR AN EXPERIMENTAL GEAR PERMIT TO CONDUCT RESEARCH ON A SPOT PRAWN TRAWL BYCATCH EXCLUDER IN SELECTED AREAS IN THE SANTA BARBARA CHANNEL.

    Received public testimony. Item rescheduled for Commission’s February 2006, meeting.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.