February 1-2, 2007 Meeting Summary

Meeting of
February 1, 2007  (Thursday)
10:00 a.m.

Beach Resort Monterey
Bayview Conference Room
2600 Sand Dunes Drive
Monterey

DISCUSSION ITEMS

  1. ELECTION OF OFFICERS.

    Commissioner Bob Hattoy was unanimously elected President and Commissioner Richard Rogers was unanimously elected Vice President.

  2. PUBLIC FORUM

    Tom Hafer discussed aspects of the MLPA monitoring plan and recommended that fixed gear surveys be used to monitor the nearshore. He summarized the Cal Poly fish tagging project he has been participating in for the last three years and emphasized the importance of utilizing fishermen to collaborate with scientists in monitoring efforts.

    Bill James indicated that he had recently sent a letter to the Commission on the effects of different gear types on trip limits and asked if there were any questions. He also thanked Commissioner Flores for his dedication to fisheries issues and presented him with an award in honor of his last Commission meeting.

    Zeke Grader congratulated Commissioner Hattoy and thanked Commissioner Flores for his service to the Commission. He requested that the Commission agendize halibut trawl fishery issues in Monterey Bay as well as the Department’s MOU regarding incidental take of Coho salmon in the Klamath River.

    Rick Risso had questions about a potential closure of the Monterey Bay to halibut trawl fishing. He requested that the Commission agendize the issue.

    Chris Voss discussed the Department’s management of commercial fisheries and requested that future efforts resulting from the MLPA be focused on fishery management and collaboration with the industry instead of fisheries science.

    Giovanni Aiello requested that the Commission reconsider their recent denial of his commercial fishing permit.

    Jim Martin thanked Chief Nancy Foley and Julie Oltmann for their assistance in crafting legislative language which would increase the penalties for abalone and sturgeon violations.

    Brian Batemen expressed his opposition to the recent regulatory changes which opened the East Walker River, Upper Owens River and Hot Creek to year round fishing. He indicated his concern that the locals were not sufficiently notified of the potential changes to sport fishing regulations.

    Bill Nichols and Tim Alpers supported Mr. Batemen’s comments.

    Dennis Byrne supported Mr. Batemen’s comments and requested a closure to the Pismo Clam fishery.

    Commissioners discussed the issue and agreed to add an item to the Commission's July agenda, to continue discussions regarding the regulatory changes to the East Walker , Upper Owens River and Hot Creek.

    Joe Penisi requested that the potential closure of the Monterey Bay to halibut trawl fishing be agendized at the Commission’s meeting in Bodega Bay .

    Mike McCorkle supported Mr. Penisi’s request.

    Tom Raftican discussed the Halibut Trawl legislation and requested legal analysis of how it affects the fishery in Monterey Bay .

    Santi Roberts commented that tourism in the Monterey Bay is approximately 30 times the value of the commercial fisheries in the area and that bottom trawling does put valuable resources at risk, even in sandy habitat.

    Ben Taylor discussed salmon snagging in the Smith River. He requested the Commission adopt regulations prohibiting stationary gear.

    Deputy Attorney General Cunningham responded that the Commission recently amended its regulations regarding method of take so that it specifically prohibits snagging, long lining and tight lining as fish caught by these methods would be “foul hooked.”

    Chief Nancy Foley indicated that she was aware of the snagging in this area as well as all over the state. She emphasized that snagging is currently illegal and recent changes in regulation should assist in prosecuting violations in court.

    Commissioner Gustafson suggested that perhaps this issue be discussed further at the Al Taucher Advisory Committee.

    Eric Mills discussed the lack of wardens in the state as well as the eradication of African Clawed frogs in Golden Gate Park. He asked that the eradication of the frogs be placed on the Commission’s agenda as the City has taken no action.

    Chris Parish discussed the Condor Recovery program in Arizona and the monitoring of lead exposure in the birds since they began self foraging. He provided the Commission with an informational packet discussing ammunition fragmentation in deer as well as Arizona’s non-lead bullet program.

    Walt Mansell distributed copies of the CA Rifle and Pistol Association’s annual booklet on gun laws.

    Dick Dasmann discussed ways the Department could improve the effectiveness of its public notification program. He also discussed the shortage of hardcopy hunting regulations available to the public.

    Bill Ward supported halibut trawl fishing in Monterey Bay and the request to agendize the item.

    Paul Weakland requested that the Commission agendize withering syndrome, opening an abalone fishery in the bay area, and sea otters.

  3. DEPARTMENT STATUS REPORT OF ZEBRA AND QUAGGA MUSSELS IN CALIFORNIA .

    Received Department’s report; no public testimony.

  4. COMMISSION CONSIDERATION OF REQUEST OF MARK EGLINGTON, BLUEBEYOND FISHERIES, TO RAISE BARRAMUNDI FOR AQUACULTURE PURPOSES.

    Received Mr. Eglington’s request; received Department’s recommendation; received public testimony. Commission denied the request.

  5. POSSIBLE ADOPTION OF AMENDMENTS TO COMMISSION POLICY, RE: CRITERIA FOR CONSIDERING APPEALS OF PERMANENT REVOCATIONS OF A SPORT OR COMMERCIAL LICENSE OR PERMIT.

    Received recommendations; received public testimony. Commission approved proposed amendments.

  6. POSSIBLE ADOPTION OF AMENDMENTS TO COMMISSION POLICY, RE: COMMISSION OFFICE STAFFING NEEDS.

    Received recommendations; received public testimony. Commission approved proposed amendments.

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

    Received public testimony.

OTHER

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

    No report; received public testimony.

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

      Received report; no public testimony.

    2. UPDATE ON PFMC ISSUES.

      Received report; public testimony.

    3. UPDATE ON ENFORCEMENT.

      Received report; public testimony.

    4. UPDATE ON THE ALLEGED CONTAMINATION OF THE SMITH AND THOMPSON SITE NEAR LANCASTER ( LOS ANGELES COUNTY ).

      Received report; no public testimony.

    5. UPDATE ON LIVE ANIMAL MARKET.

      Received report; public testimony.

    6. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.

      Received report; public testimony.

    7. UPDATE ON MARINE REGION.

      Received report; no public testimony.

    8. UPDATE ON STATUS OF NEARSHORE FISHERY MANAGEMENT PLAN.

      Received report; public testimony.

    9. UPDATE ON PUBLIC NOTICE PROCEDURES FOR PROPOSED REGULATORY CHANGES.

      Received report; no public testimony.

    10. OTHER.

      No items; received public testimony.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. STAFF REPORTS.
      1. WESTERN ASSOCIATION OF FISH AND WILDLIFE AGENCIES MIDWINTER MEETING REPORT.
        Received report, next meeting scheduled for July in Flagstaff , Arizona ; no public testimony.
      2. OFFSITE COMMISSION WORKSHOP.
        Received report; no public testimony.
      3. UPDATE ON SB 1535 IMPLEMENTATION.
        Received report; no public testimony.
    2. OTHER.
      No report; no public testimony.
  4. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
    1. MARINE RESOURCES COMMITTEE.

      No report; received public testimony.

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

      Received report; next meeting on March 8, 2007.

  5. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received report from Tony Morton of NOAA Fisheries; received public testimony.

  6. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
    1. UPDATE ON COMMISSION CONFLICT OF INTEREST CODE.

      Received report; received public testimony.

  7. NEW BUSINESS.

    No new business.

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.
    7. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
  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. CAROLYN DAVI, TRANSFERABLE MARKET SQUID LIGHT BOAT PERMIT.
    2. GREG VEITENHANS, MARKET SQUID VESSEL PERMIT.
    3. DREW BRANDY, DEEPER NEARSHORE SPECIES FISHERY PERMIT.

Meeting of
February 2, 2007  (Friday)
8:30 a.m.

Beach Resort Monterey
Bayview Conference Room
2600 Sand Dunes Drive
Monterey

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    1. Carolyn Davi, Approved, Transferable Market Squid Light Boat Permit.
    2. Greg Veitenhans, Approved, Market Squid Vessel Permit.
    3. Drew Brandy, Approved, Deeper Nearshore Species Fishery Permit.
  2. RECEIPT OF PUBLIC RECOMMENDATIONS AND REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO CONSIDER AMENDMENTS OF THE 2007-2010 MAMMAL HUNTING AND TRAPPING REGULATIONS.

    Received Department’s report; received public testimony. Commission unanimously authorized staff to publish notice of its intent to amend mammal hunting and trapping regulations for 2007-0010.

  3. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SUBSECTION 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. (Note: The discussion hearing is scheduled for March 2, 2007, in Arcata.)

    Received Department’s report and recommendations; received public testimony. Commission unanimously authorized staff to publish notice to amend Klamath-Trinity regulations.

  4. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 125 AND ADDITION OF SECTION 125.1, TITLE 14, CCR, RE: ROCK CRABS AS BAIT IN COMMERCIAL FINFISH TRAPS. (Note: The adoption hearing is scheduled for March 2, 2007, in Arcata.)

    No public testimony received.

  5. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 632, TITLE 14, CCR, RE: CENTRAL COAST MARINE PROTECTED AREAS. (Note: The adoption hearing is scheduled for April 13, 2007, in Bodega Bay .)

    Received Department’s report; received public testimony.

  6. DEPARTMENT STATUS REPORT REGARDING THE LAKE DAVIS PIKE ERADICATION PROJECT AND ENVIRONMENTAL DOCUMENT.

    Received Department’s report; no public testimony.

CONSENT CALENDAR -- ALL APPROVED

  1. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 5.51 AND ADD SUBSECTION 7.50(b)(53.8), TITLE 14, CCR, RE: LAKE DAVIS SPORT FISHING. (Note: The discussion hearing is scheduled for March 2, 2007, in Arcata.)

    Approved; no public testimony.

  2. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO ADD SECTION 721, TITLE 14, CCR, RE: SUSPENSION OF FLOW REQUIREMENTS FROM GRIZZLY VALLEY DAM AT LAKE DAVIS. (Note: The discussion hearing is scheduled for March 2, 2007, in Arcata.)

    Approved; no public testimony.

  3. RATIFICATION OF COMMISSION FINDINGS, RE: REJECTION OF PETITION TO REMOVE TRACY’S ERIASTRUM (Eriastrum tracyi) FROM THE LIST OF RARE SPECIES.

    Approved; no public testimony.

  4. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, RECEIPT OF DEPARTMENT INITIAL REVIEW AND RECOMMENDATION ON PETITION TO LIST THE SCOTT BAR SALAMANDER (Plethodon asupak) AS AN ENDANGERED SPECIES.

    Approved; no public testimony.

  5. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 27.80, TITLE 14 CCR, RE: OCEAN SALMON FISHING REGULATIONS. (Note: The discussion hearing is scheduled for March 2, 2007, in Arcata.)

    Approved; no public testimony.

  6. RECEIPT OF ANNUAL REPORTS RE: CAMP ROBERTS, CAMP PENDLETON, AND FORT HUNTER LIGGETT DEER AND ELK HUNTS, UNDER SECTION 640, TITLE 14, CCR, MANAGEMENT OF FISH AND WILDLIFE ON MILITARY LANDS.

    Approved; no public testimony.

  7. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO ADD SECTION 700.5 AND AMEND VARIOUS SECTIONS, TITLE 14, CCR, RE: AUTOMATED LICENSE DATA SYSTEM. (Note: The discussion and adoption hearing is scheduled for April 13, 2007, in Bodega Bay.)

    Approved; no public testimony.

  8. RATIFICATION / REAFFIRMATION OF CONFLICT OF INTEREST CODE FOR THE FISH AND GAME COMMISSION AS SPECIFIED IN SECTION 782, TITLE 14, CCR.

    Approved; no public testimony.

  9. REQUEST BY CHRIS D. BARTOW FOR REINSTATEMENT OF HIS EXPIRED TRAPPING PERMIT.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.