April 12-13, 2007 Meeting Summary

Meeting of
April 12, 2007  (Thursday)
10:00 a.m.

University of California, Davis
Bodega Bay Marine Laboratory - Lecture Hall
2099 Westside Road
Bodega Bay

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Ernie Chang, Former Director of U.C. Davis, Bodega Marine Lab, welcomed Commissioners and public to the Commission meeting and offered assistance to help facilitate the meeting.

    Eric Larson welcomed the Commissioners to the Bay Delta Region, formerly called the Central Coast Region, and gave a presentation of the restructuring and boundaries of the new region.

    Charles Bucaria provided the Commission with a handout regarding a preliminary proposal for strategic planning which would assure the long-term health of the anadromous fishery on the Smith River. He also proposed that an individual from the Commission be appointed to work with groups involved in this, and have a more focused effort to determine the population of the steelhead, Chinook salmon and cut-throat trout in the Smith River.

    Ann Maurice discussed the difficulty of downloading and printing of MLPA environmental documents and advocated having Commission staff prepare hardcopies to distribute to libraries and the public.

    Eric Mills provided the Commissioners with a pamphlet from the California Fish & Game Wardens Association regarding the declining number of wardens. He also requested having the live animal market issue put back on the agenda as long as the problems associated with the African Clawed frog in Golden Gate Park continue, as well as agendizing the ban of robo-ducks.

    Bruce Campbell informed the Commission that he had attended the Celebration of the life of Robert Keith Hattoy and that the Liberty Hills Foundation had set up a special fund to donate funds to groups which Robert Hattoy supported.

    John Duffy discussed nontransferable squid permits and requested the Commission set a date for a Marine Resource Committee meeting and to include on the agenda a consideration of making all grandfather squid permits transferable or reducing the number of types of squid permits.

    President Rogers responded that the Commission was in the process of looking at the problem and that the Marine Resource Committee will be resurrected and operating, but that a date had not been set.

    Bill James gave suggestions to the Commissioners regarding tools that they could use in their decision making process.

    David Dempsey discussed the winter fisheries and the increase of poaching on the Truckee River due to high traffic and new regulations, as well as a lack of wardens to enforce the regulations. He also discussed the collapse of part of the Hat Creek fishery and urged the Commission to agendize coastal steelhead.

    Virginia Handley discussed frog jump competitions and changing the current law. She would like to see the Commission regulate the frog jumps as the frogs are non-native, invasive species.

    Paul Weakland requested the Commission allow the harvest of abalone in San Francisco, San Mateo, Monterey, Santa Cruz, and San Luis Obispo counties. He also requested that the withering syndrome be put on the agenda.

    President Rogers responded that the withering syndrome is on the May agenda.

  2. MARINE LIFE PROTECTION ACT – BLUE RIBBON TASK FORCE UPDATE BY KEN WISEMAN, EXECUTIVE DIRECTOR.

    Received update from Ken Wiseman; received public testimony.

  3. ADOPTION/RATIFICATION OF COMMISSION FINDINGS, RE: REJECTION OF PETITION TO DELIST COHO SALMON (Oncorhynchus kisutch) SOUTH OF SAN FRANCISCO AS AN ENDANGERED SPECIES.

    DeputyAttorney General Bill Cunningham reviewed the proposed findings submitted to the Commissioners; received public testimony. Commission unanimously voted to ratify its findings regarding rejection of petition to delist coho salmon south of San Francisco as an endangered species.

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

    Received public testimony.

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

    Received Department’s report and recommendation; received public testimony. The Commission rejected the petition to list the Scott Bar salamander as an endangered species because pursuant to Section 2074.2 of the Fish and Game Code, the Commission considers Scott Bar salamander as currently protected under CESA as a subpopulation of the listed Siskiyou Mountains salamander.

  6. CONSIDERATION OF REQUEST OF THE BAY INSTITUTE, CENTER FOR BIOLOGICAL DIVERSITY, AND NATURAL RESOURCES DEFENSE COUNCIL, PURSUANT TO SECTION 2076.5 OF THE FISH AND GAME CODE, TO TAKE EMERGENCY ACTION TO UPLIST THE DELTA SMELT (Hypomesus transpacificus) FROM THREATENED TO ENDANGERED AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO AMEND SECTION 670.5, TITLE 14, CCR.

    Presentation received from The Bay Institute; received Department’s report; received public testimony. The Commission denied the request to take emergency action to uplist the delta smelt from threatened to endangered, because the protections afforded to threatened and endangered species under the California Endangered Species Act are identical. The Department is preparing an evaluation report to use in the normal rulemaking that may result in listing delta smelt as endangered under CESA.

  7. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF THE FOLLOWING COMMISSION POLICIES:
    1.  IMPLEMENTATION AND REVIEW OF COMMISSION POLICIES.
    Received Department’s recommendations; no public testimony.

OTHER

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

    Received Department’s 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, INCLUDING 2007 SALMON SEASON.

      Received report; no public testimony.

    3. UPDATE ON ENFORCEMENT.

      Received report; no public testimony.

    4. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.

      Received report; received public testimony.

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

      Received report; no public testimony.

    6. UPDATE ON SALTON SEA .

      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. HALIBUT TRAWL BILL UPDATE.

      Received report; received public testimony.

    9. UPDATE ON AUTOMATED LICENSING AND DATA SYSTEM (ALDS) IMPLEMENTATION .

      Received report; received public testimony.

    10. OTHER.

      No report.

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

      Received report; no public testimony.

    2. OTHER.

      Received report; no public testimony.

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

      Received report; no public testimony.

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

      A presentation will be given on Striped Bass at the next Al Taucher

      Committee meeting. The next meeting will be in mid June or early July; public testimony received. President Rogers stated that Commissioner Judd Hanna has been appointed to the Al Taucher Committee.

  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.

    Received report from Deputy Attorney General Bill Cunningham regarding credentials and badges for Commissioners; no public testimony.

  7. NEW BUSINESS.

    Vice President Gustafson recommended having an internal Commission workshop once a new Commissioner is appointed by the Governor.

    Executive Director John Carlson, Jr., stated an extra day could be added to the June Agenda for such a meeting, which would be open to the public.

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.
    1. RICHARD MIRKOVICH, TRANSFERABLE MARKET SQUID LIGHT BOAT PERMIT.
    2. ALLEN WELLE, TRANSFERABLE LOBSTER OPERATOR PERMIT.
    3. DREW BRANDY, RECONSIDERATION OF DEEPER NEARSHORE SPECIES FISHERY PERMIT.


Meeting of
April 13, 2007  (Friday)
8:30 a.m.

University of California, Davis
Bodega Bay Marine Laboratory - Lecture Hall
2099 Westside Road
Bodega Bay

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    No Commission action.

  2. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SUBSECTION 7.50(b)(91.1), TITLE 14, CCR, RE: KLAMATH-TRINITY RIVER SALMON REGULATIONS. (Note: The adoption hearing is scheduled for May 4, 2007 , meeting in San Diego.)

    Received Department’s report; received public testimony.

  3. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 27.80, TITLE 14 CCR, RE: OCEAN SALMON FISHING REGULATIONS.

    Received Department’s report; no public testimony. Commission adopted the proposed changes regarding ocean salmon fishing regulations.

    1. FINAL CERTIFICATION OF ENVIRONMENTAL DOCUMENTS, AND ADOPTION OF FINDING AND PROPOSED PROJECTS (OR ALTERNATIVE) FOR PROPOSED CHANGES TO SECTIONS 165 AND 632, TITLE 14, CCR, RE: CENTRAL COAST MARINE PROTECTED AREAS.

      Received Department’s report; received public testimony. Commission certified the environmental documents for Central Coast Marine Protected Areas, and adopted the proposed projects.

    2. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 165 AND 632, TITLE 14, CCR, RE: CENTRAL COAST MARINE PROTECTED AREAS.

      Received Department’s report; received public testimony. Commission unanimously voted to adopt proposed changes.

    1. RECEIPT OF PUBLIC TESTIMONY AND DISCUSSION OF PROPOSALS FOR CHANGES IN THE 2007-2010 MAMMAL HUNTING AND TRAPPING REGULATIONS. (Note: The adoption hearing is scheduled for April 25, 2007 , teleconference in Sacramento.)

      Received Department’s report; received public testimony.

    2. RECEIPT OF PUBLIC TESTIMONY ON 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 report; received public testimony.

CONSENT CALENDAR- ALL APPROVED

  1. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 5.51 AND ADDITION OF SUBSECTION 7.50(b)(53.8), TITLE 14, CCR, RE: LAKE DAVIS SPORT FISHING AND ADOPTION OF FINDINGS.

    Approved; no public testimony.

  2. POSSIBLE ADOPTION OF ADDITION OF SECTION 721, TITLE 14, CCR, RE: SUSPENSION OF FLOW REQUIREMENTS FROM GRIZZLY VALLEY DAM AT LAKE DAVIS AND ADOPTION OF FINDINGS.

    Approved; no public testimony.

  3. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED ADDITION OF SECTION 700.5 AND AMENDMENT OF VARIOUS SECTIONS, TITLE 14, CCR, RE: AUTOMATED LICENSE DATA SYSTEM.

    Approved; no public testimony.

  4. 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.

    Approved with amendments; received public testimony.

  5. CONSIDERATION OF REQUEST BY CHILDREN’S HOSPITAL OF LOS ANGELES FOR APPROVAL OF ITS APPLICATION TO POSSESS TRANSGENIC ZEBRA FISH FOR BIOMEDICAL RESEARCH PURPOSES.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    Next meeting to be held on April 25, 2007, by teleconference in Sacramento.