October 5-6 , 2006 Meeting Summary

Meeting of
October 5, 2006  (Thursday)
10:00 a.m.

Hubbs-Sea World Research Institute
Shedd Auditorium
2595 Ingraham Street
San Diego

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Allen Greenwood requested amendments to the fishing regulations to open the San Juan, San Mateo, Santa Margarita, and San Diego rivers, to allow volunteers to remove non-native fish without a DFG biologist present.

    Neil Manji explained that this closure is due to the possible incidental take of endangered steelhead.

    Deputy Director Mastrup added that opening these waters would allow less experienced anglers access, increasing the probability of take. He noted that the Department has several programs and permitting options which may work in this type of situation.

    Commissioner Gustafson requested that the Department work with Mr. Greenwood’s group on a possible solution which would not require a regulatory amendment or threaten endangered steelhead populations.

    Benjamin Beede indicated that the proposed MPAs would eliminate half of the area encompassed by his kelp bed lease, and that the remaining area will not be sufficient to sustain his abalone farm. He requested reconsideration on this portion of MPA.

    Jim Martin presented the Commission with a summary of the California Fishery Coalition’s analysis of the MLPA process to date.

    April Wakeman requested a status report from the Department regarding implementation of the Halibut Trawl bill.

    Gary Stacey responded that as of yesterday, 53 halibut trawl permits had been issued at $35 each. He added that the Department fully intends to implement the bill and expects to have regulations in effect by April 2007.

    Bob Fletcher requested regulatory amendments to Section 27.15, to allow private boats to take multiple daily limits on multi day trips.

    The Commission supported the request but noted that it was received after the close of the public recommendation period so could not be included in the current sport fishing regulatory package.

    Paul Weakland requested that the Commission agendize withering syndrome, sea otters, and a possible turban snail fishery.

  2. REQUEST BY MR. ALAN BLAKE, YORKTOWN TECHNOLOGIES L.P., FOR COMMISSION DISCUSSION REGARDING THE PROCESS OF EXEMPTING GLOFISH FROM SECTION 671, TITLE 14, CCR.

    Received request; received public testimony. No Commission action.

  3. REQUEST TO AMEND MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. FISH AND WILDLIFE SERVICE AND THE DEPARTMENT OF FISH AND GAME RE: CALIFORNIA CONDOR PROGRAM.

    Received request; received public testimony. Commission unanimously approved the Memorandum of Understanding with proposed amendments.

  4. RECEIPT OF PUBLIC TESTIMONY RE: CONSIDERATION OF THE NEXT STUDY REGION FOR MLPA IMPLEMENTATION.

    Received public testimony. No Commission action.

  5. CALIFORNIA FISHERIES COALITION PRESENTATION RELATED TO REVIEW OF SOCIOECONOMIC DATA USED IN MLPA INITIATIVE.

    Received presentation; received public testimony.

  6. INFORMATIONAL REPORT FROM DREW BOHAN, EXECUTIVE POLICY DIRECTOR OF THE OCEAN PROTECTION COUNCIL, RE: A DRAFT RESOLUTION SUPPORTING INNOVATIVE APPROACHES TO SUSTAINABLE FISHERIES MANAGEMENT.

    Received report; no public testimony.

  7. RECEIPT OF DEPARTMENT PETITIONS TO REMOVE THE FOLLOWING PLANTS FROM THE LIST OF RARE AND ENDANGERED SPECIES: MARIN BENT GRASS (Agrostis blasdalei var. marinensis), HANGING GARDENS MANZANITA (Arctostaphylos edmundsii var. parvifolia), SLENDER-POD JEWELFLOWER (Caulanthus stenocarpus), TRACY’S ERIASTRUM (Eriastrum tracyi), AND TRUCKEE BARBERRY (Mahonia sonnei). ( Note: Discussion of these petitions pursuant to Section 2074.2 of the Fish and Game Code will occur at the Commission's December 7, 2006, meeting in Santa Monica.)

    Received petitions; no public testimony.

  8. CONSIDERATION OF REQUEST BY AQUA BOUNTY PACIFIC FOR APPROVAL OF ITS APPLICATION TO POSSESS TRANSGENIC AQUATIC ANIMALS FOR BIOMEDICAL RESEARCH PURPOSES.

    Received request; received public testimony. Commission unanimously approved the request.

OTHER

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

    Received report; received public testimony.

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

      Received report; no public testimony.

    2. MLPA PROCESS UPDATE.

      Received report; received public testimony.

    3. COLLABORATIVE SURVEY OF THE ABALONE RESOURCE AT SAN MIGUEL ISLAND.

      Received report; received public testimony.

    4. UPDATE ON PFMC ISSUES.

      Received report; no public testimony.

    5. UPDATE ON LIVE ANIMAL MARKET.

      Received report; no public testimony.

    6. ENFORCEMENT UPDATE.

      Received report; no public testimony.

    7. UPDATE ON REGULATIONS REGARDING TIMBER HARVEST PLANS AND COHO SALMON PURSUANT TO FISH AND GAME CODE SECTION 2112.

      Received report; no public testimony.

    8. OTHER.

      Received reports on new positions and organizational structure of the Department’s Marine Region, the environmental document scoping meeting for the upcoming mammal regulatory package, the status of the Salton Sea environmental document, and the Lake Davis pike eradication project; no public testimony.

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

      No report.

    2. OTHER.

      Received report on the renewal of Commission’s contract with AGP Video; received public testimony.

  4. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
    1. MARINE RESOURCES COMMITTEE.

      No report.

    2. AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE UPDATE.

      Received report; no public testimony. Next meeting scheduled for November 30, 2006 in Sacramento.

    3. LEGISLATION SUBCOMMITTEE.

      No report.

  5. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received report from Tony Morton, Deputy Regional Administrator, NMFS; received public testimony.

  6. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.

  7. NEW BUSINESS.

    None.

Note: The Commission was scheduled to consider the Department’s Initial Review and Recommendation on the petition to delist the California Brown Pelican from the Endangered Species List. Pursuant to Section 2073.5(b) of the Fish and Game Code, the Department requested an extension of 30 days beyond the original 90 days to complete its evaluation of the petition. Based on the new timeline, consideration of petition, Department recommendation and public comments will be scheduled for the December 7, 2006, meeting in Santa Monica.

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: COHO LISTING, SOUTH OF SAN FRANCISCO.
    6. LINDY O’LEARY vs. CALIFORNIA FISH AND GAME COMMISSION RE: R.R.S.A.C. AND R.R.S.S. PERMIT DENIALS.
  2. POSSIBLE LITIGATION INVOLVING THE COMMISSION.
    1. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
  3. STAFF PERFORMANCE AND COMPENSATION.
  4. RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND PERMIT ITEMS AND ADOPTION OF COMMISSION FINDINGS FOR:
    1. STEVE MARDESICH, TRANSFERABLE LOBSTER OPERATOR PERMIT.
    2. MARK G. KARMELICH, TRANSFERABLE LOBSTER OPERATOR PERMIT.
    3. LAURO D. SARASPE, NEARSHORE FISHERY TRAP ENDORSEMENT PERMIT.
    4. MIKE OWEN, REVOCATION, LOBSTER OPERATOR PERMIT, TRAP PERMIT, SOUTHERN ROCK CRAB TRAP PERMIT, SOUTH COAST REGION NEARSHORE FISHERY TRAP ENDORSEMENT.
    5. LONG VAN NGUYEN, REVOCATION, COMMERCIAL FISHING LICENSE.
    6. DAT NGOC NGUYEN, REVOCATION, COMMERCIAL FISHING LICENSE.


Meeting of
October 6, 2006  (Friday)
8:30 a.m.

Hubbs-Sea World Research Institute
Shedd Auditorium
2595 Ingraham Street
San Diego

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Commission accepted its Hearing Officer’s proposed decisions on the following license and permit items from the Commission’s October 5, 2006, Executive Session:

    1. Steve Mardesich, Approved, Transferable Lobster Operator Permit.
    2. Mark G. Karmelich, Denied, Transferable Lobster Operator Permit.
    3. Lauro D. Saraspe, Denied, Nearshore Fishery Trap Endorsement Permit.
    4. Long Van Nguyen, Revoked, Commercial Fishing License.
    5. Dat Ngoc Nguyen, Revoked, Commercial Fishing License.
  2. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO THE TRIENNIAL SPORT FISHING REGULATIONS FOR 2007-2009. (Note: The adoption hearing is scheduled for December 8, 2006, in Santa Monica.)

    Received public testimony.

  3. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO THE RECREATIONAL GROUNDFISH REGULATIONS FOR 2007-2008, AND DEPARTMENT UPDATE ON THE MANAGEMENT MEASURES ADOPTED BY THE PFMC AT ITS JUNE 11-16, 2006 MEETING. (Note: The adoption hearing is scheduled for November 3, 2006, in Redding.)

    Received public testimony.

  4. DISCUSSION AND POSSIBLE ADOPTION OF AMENDMENTS TO SECTIONS 53.03, 149, AND 149.1, TITLE 14, CCR, RE: NON-TRANSFERABLE SQUID LIGHT BOAT PERMITS, SQUID PERMIT FEES, AND REVISION OF LIGHT BOAT LOG BOOK FORM. (Note: Proposal and public testimony limited to establishment of a Non Transferable Market Squid Light Boat permit category, adjustment of permit fees for all squid permit classes and revision of the light boat logbook form.)

    Received public testimony. Commission adopted the proposed regulatory amendments regarding Non-transferable Squid Light Boat Permits and the revision of the light boat log book form, and took no action on the proposed amendments to squid permit fees.

  5. CONSIDERATION OF CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENT, POSSIBLE ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2006-07 HERRING REGULATIONS – SECTIONS 163 AND 164, TITLE 14, CCR.

    No public testimony. Commission certified the final environmental document and approved the findings, proposed project and preferred herring regulatory amendments.

  6. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 671.5, TITLE 14, CCR, RE: DISPOSITION OF WILD ANIMALS POSSESSED IN VIOLATION OF REGULATIONS.

    Received request; no public testimony. Commission authorized staff to publish notice of its intent to amend regulations regarding disposition of wild animals possessed in violation of regulations.

CONSENT CALENDAR

  1. APPROVAL OF ANNUAL REPORT AND 2006-2007 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:
    (A) CAMP 5 OUTFITTERS, MONTEREY COUNTY

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.