December 7-8 , 2006 Meeting Summary

Meeting of
December 7, 2006  (Thursday)
10:00 a.m.

Santa Monica Main Public Library
Martin Luther King Jr. Auditorium
601 Santa Monica Blvd.
Santa Monica

SUMMARY OF MEETING

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Ken Kearsley, Mayor of Malibu, welcomed the Commission to Santa Monica Bay. He stated the City Council supports bringing the MLPA process to Southern California. He emphasized the importance of needing the wardens to enforce this effort and that he will lobby to get the pay raise the wardens deserve.

    Joel Greenberg had a scheduling question regarding the special meeting to be held in Sacramento on December 14, and the intention to get public testimony from the North Coast about what the next region for MLPA implementation would be.

    President Flores responded it was his intention to have that as an Agenda Item, but the decision to go north or south would be made by the Resource Secretary or Administration; therefore, it did not warrant being on the Agenda.

    Kate Wing requested the Commission to direct the Department to report to the Commission at the February meeting on the status and implementation of the Nearshore Fishery Management Plan (NSFMP). She also submitted a comment letter from NRDC on the San Miguel Abalone Fishery. She thanked President Flores for his chairmanship on the Commission this past year.

    Dr. Craig Schuman stated he is providing scientific data to the Department regarding California’s Nearshore Rocky Reefs, to help inform the Department’s management decisions. He also commented that Reef Check California is in the final stages of completing an MOU with the Department to formalize their support of our data. He requested Commissioners’ guidance and support.

    Jim Martin thanked President Flores for his service on the Commission.

    Walt Mansell commented that everyone needs to review environmental documents from BLM. He urged everyone to pay attention to what our federal government is doing in dealing with the resources.

    Pete Dupuy thanked the Commission for approving non-transferable Market Squid Light Boat Permits. He also requested that long-line permits inside the EEZ be put on the agenda and provided a handout specifying this request.

    President Flores responded that the Commission would look into the matter.

    Dr. Shelly Luce stated the Monica Bay Restoration Commission has included the development of Marine Protected Areas in Southern California in their federally approved work plan for the next two years. She also urged the Commission to bring the MLPA process to Southern California.

    Vice President Hattoy encouraged Dr. Luce’s efforts and emphasized the importance of intergovernmental relationships to accomplish a Southern California MLPA process.

    Commissioner Rogers agreed with everything Commissioner Hattoy said and recommended that wherever the Commission goes next, Dr. Luce should send people to monitor and become familiar with the process before it comes down to Southern California.

    Tom Ford recommended the MLPA process move to Southern California.

    Sara Abramson stated there was an urgent need for MLPAs in Southern California. She hoped the Commission would work with all entities to help bring the MLPA process down to Southern California.

    Paul Weakland requested the Commission to immediately open the harvest of abalone in San Francisco, San Mateo, Santa Cruz, Monterey and San Luis Obispo counties.

    Ace Carter requested that DFG Enforcement investigate the Smith and Thompson Pumping Dump Site in front of the Michael Antonovich Court House in Lancaster, California. He commented that it was described as one of the worst toxic dump sites in the history of the United States.

    Chief Nancy Foley responded that if it affects the waters of the State of California, the Department would have some input. She stated she would check the status of the dump site and report back at the February Commission Meeting.

  2. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF THE DEPARTMENT INITIAL REVIEW AND RECOMMENDATION ON THE PETITION TO DELIST CALIFORNIA BROWN PELICAN (Pelecanus occidentalis californicus) AS AN ENDANGERED SPECIES.

    Received Department’s review and recommendation; received public testimony. Commission unanimously voted to designate the California Brown Pelican as a candidate for endangered species delisting.

  3. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF THE DEPARTMENT PETITION AND RECOMMENDATION 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).

    Received the Department’s recommendations; received public testimony. Commission unanimously voted to designate the Marin Bent Grass, Hanging Gardens Manzanita, Slender-pod Jewelflower and Truckee Barberry as candidates for rare/endangered species delisting. The Commission unanimously voted that there was insufficient information to delist Tracy’s Eriastrum.

  4. RECEIPT OF PUBLIC TESTIMONY REGARDING THE PETITION TO DELIST SISKIYOU MOUNTAIN SALAMANDER (Plethodon stormi) AS A THREATENED SPECIES.

    Received public testimony.

  5. PRESENTATION BY THE DEPARTMENT RE: AUTOMATED LICENSING AND DATA SYSTEM (ALDS).

    Received Department’s presentation; no public testimony.

  6. DEPARTMENT PRESENTATION REGARDING THE SCOPE/CONTENT OF CEQA DOCUMENTS FOR MAMMAL HUNTING AND TRAPPING, INCLUDING THE USE OF LEAD AMMUNITION.

    Received Department’s presentation; received public testimony.

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

    Received Department’s review and recommended amendments; received public testimony. Commission unanimously approved the program and permits as recommended by the Department.

OTHER

  1. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES:
    1. CRITERIA FOR CONSIDERING APPEALS OF PERMANENT REVOCATIONS OF A SPORT OR COMMERCIAL LICENSE OR PERMIT.
    2. COMMISSION AGENDA
    3. COMMISSION OFFICE STAFFING
    4. LEGISLATION
    5. AL TAUCHER’S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES.
    Received the Department’s review and recommendations; no public testimony.
  2. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
    1. UPDATE ON DEPARTMENT'S BUDGET.

      No report.

    2. UPDATE ON PFMC ISSUES.

      Received report from Deputy Director Mastrup; received public testimony.

    3. UPDATE ON ENFORCEMENT.

      Received report from Chief Nancy Foley (on December 8, 2006 ); no public testimony.

    4. UPDATE ON LIVE ANIMAL MARKET.

      Received report from Deputy Director Mastrup; received public testimony.

    5. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.

      Received report from Deputy Director Mastrup; received public testimony.

    6. UPDATE ON NON TRANSFERABLE MARKET SQUID LIGHTBOAT PERMIT ISSUANCE.

      Received report from Deputy Director Mastrup; received public testimony.

    7. MERCED FLY FISHING CLUB AND RESTORATION OF THE MERCED RIVER.

      Received report from Deputy Director Mastrup; no public testimony.

    8. UPDATE ON STATUS OF MULTIPLE DAY TRIP PERMITS.

      Received report from Deputy Director Mastrup; received testimony.

    9. UPDATE ON THE PFMC 2007 SALMON SEASON.

      Received report from Deputy Director Mastrup; no public testimony.

    10. OTHER.

      Received report from Chief Deputy Director John McCamman on the status of the joint effort with the Board of Forestry regarding regulations implementing the Recovery Strategy for Coho, and a status report on the Department’s memo requesting a 30-day extension on its initial review of the petition to list the Scott Bar Salamander as an endangered species; no public testimony. No Commission action necessary.

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

      Executive Director Carlson indicated that Catherine Prusinski was recently selected to fill the Commission’s Executive Assistant position; no public testimony.

    2. OTHER.

      No report.

  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 from President Flores; received public testimony.

  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.
    1. 2005 PETITION TO DELIST COHO SALMON SOUTH OF SAN FRANCISCO.

      Deputy Attorney General Cunningham provided a status report and indicated that the Commission would re-hear the petition at a future Commission meeting; received public testimony.

  7. NEW BUSINESS.

    None.


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. JUSTIN WESLEY YAGER AND BYRAN D. RANDALL, REVOCATION, DUNGENESS CRAB VESSEL PERMIT.
    2. ROBERT LARRY EDER, REVOCATION, DUNGENESS CRAB VESSEL PERMIT.


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

Santa Monica Main Public Library
Martin Luther King Jr. Auditorium
601 Santa Monica Blvd.
Santa Monica


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 December 7, 2006 , Executive Session:  

    1. JUSTIN WESLEY YAGER AND BYRAN D. RANDALL, REVOKED, DUNGENESS CRAB VESSEL PERMIT.
    2. ROBERT LARRY EDER, REVOKED, DUNGENESS CRAB VESSEL PERMIT.
  2. CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENTS, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2007-2009 SPORT FISHING REGULATIONS RELATING TO FISH, AMPHIBIANS, REPTILES AND INVERTEBRATES.

    Received Department’s recommendations; received public testimony. Commission certified the final environmental document, and adopted the findings and proposed project, and sport fishing regulations as recommended.

  3. CHANNEL ISLANDS MPAs ANNUAL MONITORING UPDATE.

    Received Department’s update; received public testimony.

  4. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 632, TITLE 14, CCR, RE: CENTRAL COAST MARINE PROTECTED AREAS.

    Received public testimony.

 

CONSENT CALENDAR - ALL APPROVED

  1. POSSIBLE ADOPTION OF AMENDMENTS TO SECTION 671.5, TITLE 14, CCR, RE: DISPOSITION OF WILD ANIMALS POSSESSED IN VIOLATION OF REGULATIONS.

    Approved, received public testimony.

  2. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 125 AND ADD SECTION 125.1, TITLE 14, CCR, RE: ROCK CRABS AS BAIT IN COMMERCIAL FINFISH TRAPS.

    Approved; no public testimony.

  3. ADOPTION OF DESIGN FOR 2007-2008 RESIDENT HUNTING LICENSE (CENTENNIAL DESIGN).

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.