March 1-2, 2007 Meeting Summary

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

Humboldt State University
Nelson Hall West - Goodwin Forum
1 Harpst Street
Arcata

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Vice President Richard Rogers introduced newly appointed Commissioner Judd Hanna to the public.

    Rollin Richards, President of Humboldt State University, James Howard, Dean of Humboldt State University and Jimmy Smith, Board of Supervisors for Humboldt County, welcomed the Commissioners to Arcata. Mr. Richards also encouraged the Commission to seek assistance from Humboldt faculty to provide help in providing a scientific basis for some of the decisions made by the Commission.

    Douglas Bush requested assistance from the Commission regarding renewal of or extension with Kelp Bed Lease 208. He indicated that he failed to provide written notification for intent to renew lease within the 120-day advance written notification requirement.

    Deputy Attorney William Cunningham stated that due to the Bagley Keene Act, there was no time to get this issue onto the March Agenda. He suggested that if all materials were in order, and a recommendation could come from the Department, then a specially scheduled meeting could be held at the end of March.

    Executive Director John Carlson stated that a teleconference call would be setup in late March with a quorum of Commissioners, and a 10-day public notice period required by law; and that he would inform Mr. Bush of the date.

    Richard Gienger discussed issues involving Coho salmon and personnel needed to implement the Coho recovery strategy plan. He inquired about the status of the joint policy on Coho with the Board of Forestry and Commission, and also discussed the different monitoring initiatives funded by Proposition 84.

    Charles Bucaria submitted an outline to Commissioners with recommendations on how to manage the Smith River and available methods of take as pressure on the resource continues to increase. He requested this outline be referred to the Taucher Committee.

    April Wakeman welcomed Judd Hanna to the Commission and presented the Commissioners with a paper examining the 2004-2005 Trawl Bill.

    Chris Voss discussed taking a closer look at the way the management of fisheries is funded and supplying the funds necessary in order to support a management system to assure sustainability.

    Vice President Rogers stated that constituents can impact funding by contacting their local Senators and Assembly people to express their interest in California ’s resources.

    Ben Taylor proposed the creation of a mobile task force of wardens in plain clothes, to be deployed when or where they are most needed, and also to establish and fund a fish monitoring program for the Smith River.

    Kenyon Hensel proposed, at the next review of the Nearshore Fishery Management Plan, to agendize having nearshore permits become area specific, as well as making them one-to-one transferable for commercial fisheries.

    Bill James handed out a three-page informational document of graphs, percentages and trends, and will also be sending a table to Commissioners regarding groundfish species and stock assessments. He predicted that new stock assessments due in 2007 will continue to show increases through traditional fisheries management

    Zeke Grader requested agendizing the Klamath River incidental take permits regarding landowners, as well as recommending a discussion on TMDL’s and the Klamath in regards to funding. He also requested a full discussion of the Trawl Bill and implementation, and the third is recommending the Commission name a subcommittee to work with people in the private sector regarding the Department’s budget.

    Jim Martin submitted a letter to the Commission suggesting developing a consistent policy regarding wild game feeds in Fort Bragg and possession of over limits due to stockpiling of fish for this event.

    Chief Nancy Foley stated the problem lies within taking a sport fishery and turning it into a commercial fishery; whereas people are stockpiling and being over the possession limits. She directed Rob Allen in Enforcement to take a look at the problem.

    Mitch Farro discussed the over population of Alution geese and thanked the Commission for having a late season in Humboldt County in order to control the burgeoning population.

    Paul Weakland requested the Commission agendize withering syndrome and requested the opening of abalone harvesting in several bay area counties.

    David Dempsey discussed the MLPA’s and urged caution on some of the regulatory changes in regard to recreational fisherman. He also discussed the striped bass fishery in the Delta and having some sort of action on a slot limit. He will present a write up for the next Taucher Committee Meeting.

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

    Received public testimony.

  3. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, RE: RECONSIDERATION OF PETITION TO DELIST COHO SALMON (Oncorhynchus kisutch) SOUTH OF SAN FRANCISCO AS AN ENDANGERED SPECIES.

    Received Department’s report and recommendation; received public testimony. Commissioner’s rejected petition to de-list the Coho salmon.

OTHER

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

    Received Department updates; 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; no public testimony.
    3. UPDATE ON ENFORCEMENT.
      Received report; no public testimony.
    4. UPDATE ON RESTRICTED SPECIES REGULATIONS.
      Received report; no public testimony.
    5. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.
      Received report; received public testimony.
    6. UPDATE ON PUBLIC NOTICE PROCEDURES FOR PROPOSED REGULATORY CHANGES.
      Received report; no public testimony.

    7. OTHER.
      Received update onregulation regarding timber harvest plans and Coho salmon pursuant to Fish and Game Code Section 2112; received public testimony.
  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. STAFF REPORTS.

      1. 2007 RULEMAKING CALENDAR.
        Received report; no public testimony.
    2. OTHER.
      No report; no public testimony.
  4. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
    1. MARINE RESOURCES COMMITTEE.
      No report; no public testimony.

    2. AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE UPDATE.
      No report; no public testimony.

  5. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received handout from Tony Morton of NOAA Fisheries.

  6. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS. No report; received public testimony.
    1. UPDATE ON COMMISSION CONFLICT OF INTEREST CODE.
  7. NEW BUSINESS.

    No new business; fieldtrip cancelled; no public testimony.

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.


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

Humboldt State University
Nelson Hall West - Goodwin Forum
1 Harpst Street
Arcata

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    No action taken during Executive Session.

  2. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 5.51 AND ADDITION OF SUBSECTION 7.50(b)(53.8), TITLE 14, CCR, RE: LAKE DAVIS SPORT FISHING. (Note: The adoption hearing is scheduled for April 13, 2007, in Bodega Bay.)

    Received Department’s presentation; no public testimony.

  3. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED ADDITION OF SECTION 721, TITLE 14, CCR, RE: SUSPENSION OF FLOW REQUIREMENTS FROM GRIZZLY VALLEY DAM AT LAKE DAVIS. (Note: The adoption hearing is scheduled for April 13, 2007, in Bodega Bay.)

    Received Department’s presentation; no public testimony.

    1. DISCUSSION OF PROPOSALS FOR CHANGES IN THE 2007-2010 MAMMAL HUNTING AND TRAPPING REGULATIONS.

      Received Department’s updates; received public testimony.

    2. DISCUSSION OF PROPOSALS TO AMEND SECTIONS 353 AND 475, TITLE 14, CCR, RE: METHODS AUTHORIZED FOR TAKING BIG GAME AND METHODS OF TAKE FOR NONGAME BIRDS AND NONGAME MAMMALS.

      Received Department’s updates; received public testimony.

  4. DEPARTMENT REQUEST FOR COMMISSION CONSIDERATION AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO AMEND SUBECTION (b)(91.1) OF SECTION 7.50, TITLE 14, CALIFORNIA CODE OF REGULATIONS, RE: KLAMATH RIVER SPORT FISHING REGULATIONS.

    Received Department’s request and report; received public testimony. Commission voted to take emergency action to amend subsection (b)(91.1) of Section 7.50, Title 14, California Code of Regulations, regarding the Klamath River sport fishing regulations.

  5. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SUBSECTION 7.50(b)(91.1), TITLE 14, CCR, RE: KLAMATH-TRINITY RIVER SALMON REGULATIONS, AND SELECTION OF INRIVER FALL CHINOOK SALMON ALLOCATION. (Note: The adoption hearing is scheduled for April 13, 2007, in Bodega Bay.)

    Received Department’s report; no public testimony. Commission directed that all surplus fish not utilized in the ocean be allocated to the in-river allocation.

  6. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 27.80, TITLE 14 CCR, RE: OCEAN SALMON FISHING REGULATIONS. (Note: The adoption hearing is scheduled for April 13, 2007, in Bodega Bay.)

    Received Department’s report; no public testimony.

  7. 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.

  8. CONSIDERATION OF REQUESTS FROM DONALD SHIRLEY AND MELISSA LUCAS TO AMEND SECTION 677, TITLE 14, CCR, TO ADD CALIFORNIA VALLEY QUAIL TO THE LIST OF SPECIES WHICH MAY BE USED FOR DOG TRAINING PURPOSES.

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

CONSENT CALENDAR

  1. POSSIBLE ADOPTION OF DVD RECORDINGS OF 2006 COMMISSION MEETINGS, AS THE OFFICIAL COMMISSION MINUTES.

    Approved, no public testimony.

  2. COMMISSION APPROVAL TO SEND LETTERS TO ALL CALIFORNIA COUNTY DISTRICT ATTORNEYS REGARDING SUPPORT FOR THE PROSECUTION OF WILDLIFE RESOURCE VIOLATIONS AND LETTERS TO ALL COUNTY FISH AND GAME COMMISSIONS ACKNOWLEDGING THEIR IMPORTANCE.

    Item withdrawn to be rescheduled at the Commission’s April meeting; no public testimony.

  3. RECONSIDERATION OF 2005-2006 CALIFORNIA DUCK STAMP AND DUCKS UNLIMITED M.A.R.S.H. PROJECTS FUNDING, REALLOCATING FUNDS FROM THE LEE BLAIR DITCH PROJECT ON MENDOTA WILDLIFE AREA TO A NEW PROJECT ON MENDOTA WILDLIFE AREA.

    Approved; no public testimony.

  4. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 125 AND ADDITION OF SECTION 125.1, TITLE 14, CCR, RE: ROCK CRABS AS BAIT IN COMMERCIAL FINFISH TRAPS.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.