March 2-3, 2006 Meeting Summary

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

Mission Inn
3649 Mission Inn Avenue

Riverside, CA

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

NOTE : Items may be heard on either day and in any order pursuant to the determination of the Commission President.

  1. PUBLIC FORUM

    Rodger Healy indicated his concern with regulatory amendments to the Dana Point Marine Life Park, which is a historic area of importance to the lobster fishery. He emphasized that the industry had been assured that there would be no regulatory changes made to this area and now they are hearing that’s not the case. He requested clarification on the recent regulatory amendments.

    John Ugoretz explained that Dana Point was not included in the recent reclassification of six marine refuges to marine parks. He explained that Dana Point has more specific regulations and that the nature and intent of the Dana Point Marine Park was much different than that for the other six areas.

    Commissioner Rogers indicated that he would like additional information to be presented at the Marine Resources Committee.

    Dan Williams requested the status on the resolution of the "Grandfather Provision" for squid light boat permits.

    Commissioner Rogers apologized for the delay in progress, and explained that it is due to other possible regulatory amendments affecting the squid fishery. He requested an update from the Department at the Marine Resource Committee.

    Jim Bunn discussed the transferability of market squid permits and questioned how long the appeal process will take.

    Commissioner Hattoy responded that the Department and Commission are in the process of dealing with several complicated legal issues regarding the squid fishery regulations.

    John Duffy gave a presentation regarding the squid fishery capacity goals in relation to the number of permits. He requested a continuance of the process to amend squid regulations.

    President Flores apologized for the delay and indicated that Restricted Access Fishery issues have been delegated to the Marine Resources Committee for further review.

    Bob Strickland suggested that squid permits should cost $7000 to cover the cost of managing this fishery without the use of money from recreational fisheries.

    Paul Weakland commented that permit sales were not the only source of money, landing taxes also generate revenue. He requested status updates on abalone, limpet and turban snail fisheries.

    Dan McCafferty requested changes to the regulations regarding sculpin season, trip limits and gear type.

    Chris Hoeflinger supported Mr. Healy's comments and request.

    Deputy Director Mastrup responded that these activities have always been illegal in Dana Point, although they have not been enforced. He added that it may require a legislative change to allow for a lobster fishery in this area.

    Bill Gaines discussed the efforts of California Waterfowl Association regarding legislation including AB 2146, AB 6, and AB 2110.

    President Flores responded that he has had discussions with the author of AB 2110 and that there seems to be some misunderstanding of who has authority to regulate field coursing. He indicated that the issue will be discussed at the Al Taucher Hunting and Fishing Advisory Committee later this month. He requested copies of all the bills in question.

  2. 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. (Note: This item was continued by the Commission from its February 2, 2006 meeting to allow the Department time to solicit more public input.)

    Received Department’s request and recommendations; received public testimony. Commission adopted Option 1 (zero bag limit for green sturgeon, and a slot limit of 46-56 inches for white sturgeon.)

  3. DISCUSSION OF DEPARTMENT’S WRITTEN RESPONSE TO MS. DONNA SCHROEDER’S RECOMMENDATIONS FOR MONITORING STUDIES FOR THE CHANNEL ISLANDS MPAS. (Note: This item was continued by the Commission from its February 2, 2006 meeting to allow it time to review the Department’s written response.)

    Received the Department’s response; received public testimony. Commission took no action.

  4. 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 Mr. Sparhawk’s request; received public testimony. Commission directed Mr. Sparhawk to continue to work with Department staff on CEQA compliance for his project.

  5. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES:
    1. ELECTION OF OFFICERS
    2. IMPLEMENTATION AND REVIEW OF POLICIES
    3. RETENTION OF COMMISSION RECORDS
    4. COOPERATION
    5. PLANNING
    6. PUBLIC INFORMATION AND EDUCATION
    7. RESEARCH
    Received Department’s recommendation for no changes to Commission Policy; No public testimony.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    Received written report; no public testimony.

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

      Received report; no public testimony.

    2. UPDATE ON PFMC ISSUES. ( 30 minutes will be allocated for this item)

      Received report; received public testimony. Commission supported the Department’s recommendations and opposed the request for a long-line experimental permit.

    3. UPDATE ON SAN MIGUEL ISLAND ABALONE FISHERY.

      Received report; received public testimony. The Department indicated that it would provide future updates to the Commission electronically.

    4. UPDATE ON STATUS OF LIVE ANIMAL MARKET REPORT.

      Received report; received public testimony.

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

      No report.

    6. OTHER.

      Received request for clarification of multi-day fishing permits; no public testimony. Commission directed the request to the Marine Resources Committee.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. MARINE SUBCOMMITTEE.
      No report.
    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received report; received public testimony.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.

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. SANFORD WINSTON, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE:  SPOT PRAWN TRAWL.
    2. CENTER FOR BIOLOGICAL DIVERSITY vs. CALIFORNIA FISH AND GAME COMMISSION RE:  TIGER SALAMANDER.
    3. CALIFORNIA FORESTRY ASSOCIATION, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE:  COHO SALMON.
    4. JACK MORICI vs. CALIFORNIA FISH AND GAME COMMISSION RE:  COMMERCIAL FISHING LICENSE.
    5. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION RE:  SOUTH SAN FRANCISCO COHO LISTING.
  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. GERALDINE GRILLO, TRANSFERABLE MARKET SQUID VESSEL PERMIT.

Meeting of
March 3, 2006  (Friday)

8:30 a.m.

Mission Inn
3649 Mission Inn Avenue

Riverside, CA

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

NOTE : Items may be heard on either day and in any order pursuant to the determination of the Commission President.

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Commission accepted its Hearing Officer’s proposed decision on the following license and permit items from the Commission’s March 2, 2006 , Executive Session:

    1. GERALDINE GRILLO, DENIED, TRANSFERABLE MARKET SQUID VESSEL PERMIT.
  2. 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. (Note: This item was continued by the Commission from its February 2, 2006 meeting.)

    Request withdrawn by Mr. McCorkle.

  3. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 7.50(b)(178), TITLE 14, CCR, RE: SILVER KING CREEK.

    Received Department’s update; no public testimony.

    1. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 7.50(b)(91.1), TITLE 14,  CCR, RE:  KLAMATH-TRINITY RIVER SALMON REGULATIONS. (Note:  Adoption will be considered at the April  6,  2007, meeting in Monterey.)

      Received Department’s update; no public testimony.

    2. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 27.80, TITLE 14, CCR, RE:  OCEAN SALMON FISHING REGULATIONS. (Note: Adoption will be considered at the April 7, 2006, meeting in Monterey.)

      Received Department’s update; no public testimony.

  4. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 120.7, TITLE 14, CCR, RE: COMMERCIAL SEA URCHIN FISHING.

    Received Department’s presentation; received public testimony. Commission referred item to its Marine Resources Committee.

  5. COMMISSION CONSIDERATION AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO ADD SECTION 177, TITLE 14, CCR, TO ESTABLISH PERMITS FOR THE COMMERCIAL HALIBUT TRAWL FISHERY.

    Received Department’s recommendation; received public testimony. Commission supported the Department’s proposal to issue the permits under the Department’s authority without emergency regulatory action by the Commission.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.