February 2-3, 2006 Meeting Summary

Meeting of
February 2, 2006  (Thursday)
10:00 a.m.

Resources Building Auditorium
First Floor
1416 Ninth Street
Sacramento, CA

DISCUSSION ITEMS

  1. ELECTION OF OFFICERS.

    Commissioner Michael Flores was unanimously elected President and Commissioner Bob Hattoy was unanimously elected Vice President.

  2. PUBLIC FORUM

    Rudy Buriani expressed his opposition to closure signs recently posted in the Sutter Bypass Wildlife Area which resulted in loss of hunter opportunity. He requested that the signs be taken down until a time when the public may participate in the decision making process.

    Ben Taylor requested emergency action to allow only catch and release fishing in the Smith River during the early Chinook run in an effort to stop snagging. He requested that a public hearing be scheduled in the near future to discuss possible solutions.

    Charles Bucaria provided the Commission with a handout. He supported Mr. Taylor’s request for emergency action. He added that restricting gear type may be another possible solution to the snagging problem.

    President Flores responded that he would be willing to hold a public hearing to discuss this issue and directed staff to schedule it in conjunction with the in-river allocation hearings to be held in Crescent City and Weaverville.

    Eric Mills expressed his disappointment that the Department had no plans or time line for the eradication of African clawed frogs in Golden Gate Park. He added that these frogs were a direct threat to the red-legged frogs and 35 other animal species which may be affected by the fungus which they carry. He also discussed the lack of enforcement in the live animal food markets which sell species which are illegal to import into California. He requested that both of the items be agendized.

    Deputy Director Mastrup responded that the Department is working with the City of San Francisco on an eradication plan for the African clawed frogs in Golden Gate Park and he provided the Commission with a memo outlining the plan.

    Michelle Tsai provided the Commission with a handout and discussed the live animal markets in California. She requested that the Commission vote to ban the importation live animals to food markets in California. She added that it should not be considered a cultural issue.

    Vice President Hattoy responded that there are already laws to prevent animal cruelty as well as to stop the importation of non-native animals into the State.

    Deputy Director Mastrup added that the authority to regulate these live animal markets and the pet trade lies not only with the Commission, but with the Legislature and local enforcement.

    Dan McCafferty expressed his concern with the lack of data in the sculpin fishery in southern California. He requested a 12 month season for sculpin with increased trip limits as well as removing all trawls from nearshore areas in southern California.

    Jim Martin expressed his concern with the Blue Ribbon Task Force (BRTF) reports as they may not contain all relevant information. He requested that the Commission direct the BRTF to forward all information in-tact, for its consideration.

    Virginia Handley supported Ms. Tsai’s request. She also requested that the issue be agendized with a status report from the Department.

    Vice President Hattoy indicated that he would support the request for a Department report and possible Commission action.

    Chief Foley explained that one of the difficulties enforcing current regulations is that it is extremely difficult to get the violations from the live animal markets heard in court. She added that the current focus is on those species which may threaten native wildlife.

    Commissioner Gustafson indicated that a report from the Department including a brief history and overview of current laws, regulations and authority would be helpful in making a decision on whether to move forward with further regulations.

    Deputy Director Mastrup responded that he would provide an update at the Commission’s March 2-3, 2006 meeting, on a date when the Department would present the requested report on the live animal trade.

    Paul Weakland commented that there is confusion regarding what was included in the Abalone Fishery Management Plan which the Commission recently adopted. He asked for a status report on the regulation of the turban snail and limpet fisheries.

    Steve Mathieu thanked the Commission for its support in successfully securing funding for AGP Video for 2006.

    Chris Voss reported that the stakeholders continue to work on the proposal for a limited abalone fishery at San Miguel Island, which they will soon present to the Department for further cooperative development.

    Commissioner Rogers emphasized the importance of keeping Commissioner Gustafson and him updated on marine issues such as this via the Commission office.

  3. DEPARTMENT REQUEST FOR COMMISSION CONSIDERATION AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO AMEND SECTIONS 5.80, 27.60 AND 27.90, AND ADD SECTIONS 5.81 AND 27.92, TITLE 14, CCR, RE: REDUCTION OF STURGEON BAG LIMITS IN THE SACRAMENTO-SAN JOAQUIN RIVER SYSTEM.

    Received Department’s request; received public testimony.

    Commission continued item to its March 2-3, 2006 meeting to allow for additional public comment. The Department indicated that it would hold at least two public workshops in the next 2 weeks to receive public input.

  4. CONSIDERATION OF PETITION AND THE DEPARTMENT'S STATUS REPORT AND RECOMMENDATION ON THE PETITION TO UPLIST THE BAKER'S LARKSPUR (Delphinium bakeri) FROM RARE TO ENDANGERED SPECIES AND ADOPTION OF COMMISSION FINDINGS.

    Received Department’s report and recommendation; no public testimony.

    Commission unanimously found that the information contained in the petition to uplist the Baker’s larkspur from rare to endangered warrants listing. Commission authorized its staff to publish notice of its intent to amend section 670.2, Title 14, CCR, to uplist the Baker’s larkspur.

  5. DEPARTMENT’S ORAL RESPONSE TO THE CALIFORNIA FISHERIES COALITION’S RECOMMENDATIONS FOR MONITORING STUDIES FOR THE CHANNEL ISLANDS MPAS. (Note: This item was continued by the Commission from its December 8, 2005 meeting.)

    Received Department’s response; received public testimony.

  6. CONSIDERATION OF POSSIBLE AMENDMENTS TO COMMISSION POLICIES RE: CRITERIA FOR CONSIDERING APPEALS OF PERMANENT REVOCATION OF A COMMERCIAL LICENSE OR PERMIT AND COMMISSION AGENDA; AND REPEAL OF COMMISSION POLICY RE: COMMERCIAL FISHING AND PACKING INDUSTRIES.

    Received Department’s recommendations; no public testimony.

    Commission adopted the Department’s recommendations to its policy regarding Criteria for Considering Appeals of Permanent Revocation of a Commercial License or Permit, and repealed its policy regarding Commercial Fishing and Packing Industries.

  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.

    Received the Department’s recommendation; received public testimony. Mr. Horner was not present to provide testimony.

    Commission will consider the request at its August 3-4, 2006 meeting, when it will receive all sportfish regulatory recommendations.

  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 Mr. McCorkle’s request; received background information from the Department; received public testimony.

    Commission continued the item to its March 2-3, 2006 meeting and directed the Department to recommend conditions which might be added to the permit if granted.

  9. DISCUSSION OF THE UNITED ANGLERS OF SOUTHERN CALIFORNIA’S LETTER TO THE DEPARTMENT REGARDING THE IMPLEMENTATION OF FISH AND GAME CODE SECTION 8494, RE: THE HALIBUT TRAWL FISHERY.

    Received presentation from United Anglers of Southern California; Department indicated that its written response to the letter was still being crafted as it intends to meet with stakeholder groups before the response is completed.

OTHER

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

    Received report; received public testimony.

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

      Received report; received public testimony.

    2. UPDATE ON PFMC ACTIONS.

      Received report; received public testimony.

    3. UPDATE ON DEPARTMENT’S 2006 SCHEDULE FOR POLICY REVIEW.

      Received report, received public testimony.

    4. OVERVIEW ON DEPARTMENT’S CALIFORNIA FISHING PASSPORT PROGRAM.

      Received report; received public testimony.

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

      1. AL TAUCHER POLICY ADVISORY COMMITTEE.
      President Flores reported that the last committee meeting was held in Sacramento on December 15 to discuss and gather information on lead ammunition in condor range as well as receive the first in a series of informational presentations on the Department’s budget. He indicated that the next meeting is scheduled for March 23 in Sacramento; received public testimony.
    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    Deputy Attorney General William Cunningham suggested that the Commission re-visit the issue of halibut bottom trawl gear at its March 2006 meeting. He explained that his interpretation of current law is that unless the industry is permitted at the start of the season, the halibut fishery will cease to exist. He added that the Commission may be held legally liable.

    Deputy Director Mastrup explained that there most likely will be litigation either way. He explained that the Department does not have sufficient funds to implement this particular piece of legislation, but is trying to figure out what its options are.

    Retired Executive Director Treanor suggested that the Commission schedule an emergency action on its March agenda so that permits may be established and fishing could continue in the short term.

    Commission unanimously approved the scheduling of an emergency item for its March 2-3, 2006 meeting, so that permits for the halibut fishery could be established.

    Deputy Attorney General Cunningham then asked for Commission guidance on the amendments currently proposed for Section 149.1, Title 14, CCR, regarding the squid fishery. He indicated that the proposed amendments are in contrast to the capacity goals for the fishery and at the current rate of granting permits, the goals set forth in the Squid Fishery Management Plan will never be reached. He added that the Commission might want to look at analyzing the successes and failures of all restricted access fisheries once the squid issues had been cleaned up.

    Director Broddrick commented that it had been a lengthy and expensive process to determine a set of fishery goals and though restricted access is complex. He indicated his hope that these goals would not be compromised.

    Commission directed the questions regarding restricted access fisheries to be addressed by the Marine Subcommittee in cooperation with the Department.


Meeting of
February 3, 2006  (Friday)

8:30 a.m.

Resources Building Auditorium
First Floor
1416 Ninth Street
Sacramento, CA

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 its February 3, 2006 , Executive Session:  

    1. FRANK COLONNA, DENIED, TRANSFERABLE MARKET SQUID VESSEL PERMIT.
    2. JANET E. GASSAWAY, DENIED, Transferable Lobster Operator Permit.
    3. TONY MARINKOVICH, DENIED, TRANSFERABLE MARKET SQUID VESSEL PERMIT.
  2. REQUEST OF DAVID CRABBE FOR COMMISSION CONSIDERATION FOR A TEMPORARY LEASE TO FISH SQUID DUE TO THE TOTAL LOSS OF HIS VESSEL.

    Received Mr. Crabbe’s testimony; received Department’s response; received public testimony. No Commission action.

  3. REQUEST TO PUBLISH NOTICE OF COMMISSION 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 presentation; received public testimony. Commission authorized staff to publish notice of its intent to amend regulations regarding Klamath-Trinity river salmon and ocean salmon and directed the Department to model salmon allocation percentages between 10-20 percent.

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

    This item was combined with agenda item number 16.

  5. REQUEST OF SEA URCHIN HARVESTERS ASSOCIATION FOR THE COMMISSION TO CONSIDER AMENDMENT OF SECTION 120.7, TITLE 14, CCR, RE: COMMERCIAL SEA URCHIN FISHING.

    Received request from Mr. John Duffy; received Department’s recommendation; received public testimony. Commission authorized staff to publish notice of its intent to amend the commercial sea urchin fishing regulations.

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

    Received Department’s presentation; received public testimony. Commission authorized staff to publish notice of its intent to amend the wildlife rehabilitation regulations.

  7. RECEIPT OF DEPARTMENT PROPOSALS FOR TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2006-2007 MAMMAL HUNTING REGULATIONS. (Public comments and adoption of Department proposals are scheduled for the Commission's May 4, 2006, meeting in Tahoe City. 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 proposals; no public testimony.

  8. CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED AMENDMENTS TO SECTIONS 27.60 AND 28.59, TITLE 14, CCR, RE: SURFPERCH BAG LIMIT.

    Received Department’s proposals; received public testimony. Commission unanimously adopted proposed amendments.

CONSENT CALENDAR

  1. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 7.50(b)(178), TITLE 14, CCR, RE: SILVER KING CREEK.

    Approved, no public testimony.

  2. 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.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.