August 9-10, 2007 Meeting Summary

Meeting of
August 9, 2007  (Thursday)
10:00 a.m.

County Administration Building
Board of Supervisors Hearing Room
105 East Anapamu Street, 4th Floor
Santa Barbara

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Chris Voss requested that the sea urchin fishery be agendized for the next Marine Resources Committee meeting to explore management options regarding the harvesting and processing of sea urchins.

    Bill James spoke about the implementation of the Marine Life Protection Act in the South Central Coast and the need to make amendments to commercial fishing permits.

    Gary Burke discussed marlin tagging issues, as well as the growth and high mortality rate of catch and release sport fishing, and requested that the Commission put more restrictions on sport fishing.

    John Duffy requested that the Commission direct staff to prepare draft regulatory language to upgrade all non-transferable market squid permits to make then transferable, and to make the draft language a starting point at the next Marine Resources Committee meeting.

    Joel Greenberg spoke regarding Item 21 and supported the Department’s proposed boundary adjustment for the Channel Islands.

    Tim Maricich and Tom Hafer requested that the Commission postpone implementation of the Marine Life Protection Act in the South Central Coast until a plan is developed to prevent over fishing of the nearshore. They also requested funds for collaborative research.

    Dolores Pollock expressed support of AB 21 banning lead ammunition in condor country.

    Chris Hoeflinger provided a draft proposal to the Commission regarding the management of the Nearshore Fishery and requested that it be agendized for the next Marine Resources Committee meeting.

    Rick Gutierrez requested that the Commission make permits transferable for the Rock Crab Fishery so everyone would have access to the fishery.

    Chris Miller stated that the California Lobster and Trap Fishermen’s Association is taking a proactive approach in working with the Ocean Protection Council to develop a preliminary assessment for a sustainability rating for the fishery. He spoke about developing two new concepts for sustainable monitoring systems through budget mechanics analysis and the economy of management transactions with a value of information assessment.

    Harry Vogl requested the reopening of abalone season and that the Commission direct the Department to schedule a collaborative survey with concerned groups at the Farrallon Islands.

    Dick Dasmann commended both the Commission and staff in following the Fish and Game Commission’s mission guidelines, and urged every individual and/or group to urge the Governor’s office to veto any bills that would conflict with or challenge the Commission’s authority.

    Elga Wasowicz requested that the Commission write a letter of support on her behalf to her state legislative representative requesting an extension of her sea urchin permit, as she depends upon it to support her children since the death of her husband while commercial fishing.

    Director Ryan Broddrick responded that the Department staff would work directly with Ms. Wassowicz.

    Dan Williams requested that the California sea urchin fishery be agendized for the next Marine Resources Committee meeting to address issues regarding the sustainability of the resource.

    Steve Ferry urged the Commission to support AB 21 banning the use of lead ammunition in condor country.

    Lee Moldaver expressed support of AB 21 regarding the ban of lead ammunition.

    Patt Wardlaw thanked the Commission for having agendized the Smith River at the July Commission meeting in Bridgeport.

    Harry Liquornik requested that the Marine Resources Committee address restricted access issues, as well as administrative aspects of managing fisheries, with a possible workshop, so the fisheries would have clear guidelines to follow.

    Scott and Hannah Warwick stated they had been approved by the Department for a General Gill Trawl Net Permit since June 2007, and have not received the permit. He indicated he had made several verbal contracts and based financial and career decisions on receiving his permit. He stated this was financially affecting his family and asked when he would receive his permit.

    Chief Deputy Director McCammon responded that the Department would follow-up on this issue immediately.

    Richard Pogre discussed legislation that will soon be enacted which would affect the future of the commercial abalone industry. He requested that the Commission allow commercial divers to work with the Department and other interested parties to collect data in the North Central Region affected by the abalone closure, in order to provide data to the health of the fishery.

    Paul Weakland requested the immediate opening of several Bay area counties for the harvest of abalone and expressed his concerns with withering syndrome.

  2. RECEIPT OF PUBLIC COMMENTS RE: THE REVISED DRAFT MASTER PLAN FOR MARINE PROTECTED AREAS; DETERMINATION OF POSSIBLE ADOPTION DATE.

    Received Department’s report; received public testimony. The Commission will continue to receive public testimony at its October 11, 2007, meeting in Concord, and may consider adoption at its November 1, 2007, meeting in Sacramento.

  3. RECEIPT OF DEPARTMENT KELP BED AND WATER BOTTOM LEASE OVERVIEW AND STATUS REPORT.

    Received Department's status report and overview; received public testimony. The Commission will receive an additional report at its October 11, 2007, meeting in Concord.

    1. REQUEST FOR INFORMATION, REVIEW OF INFORMATION, POSSIBLE CONSIDERATION OF AND POSSIBLE ADOPTION OF FINDINGS ON PINK SHRIMP TRAWLING PURSUANT TO FISH AND GAME CODE SECTION 8842. (Note: The questions before the Commission include whether trawl gear minimizes bycatch, will not damage sea floor habitat, will not adversely affect ecosystem health, and will not impede reasonable restoration of kelp, coral, or other biogenic habitats.)

    2. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND TITLE 14, CCR, RE: AUTHORIZATION TO CONTINUE PINK SHRIMP TRAWLING WITHIN SPECIFICALLY IDENTIFIED AREAS.

    Received Department’s report and presentation; received public testimony. The Commission will receive and review additional pink shrimp trawling information at its October 11, 2007, meeting in Concord.
    1. REQUEST FOR INFORMATION, REVIEW OF INFORMATION, POSSIBLE CONSIDERATION OF AND POSSIBLE ADOPTION OF FINDINGS ON HALIBUT TRAWLING PURSUANT TO FISH AND GAME CODE SECTION 8495. (Note: The questions before the Commission include whether the bottom trawl fishery minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats.)

    2. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND TITLE 14, CCR, RE: AUTHORIZATION TO CONTINUE HALIBUT TRAWLING WITHIN SPECIFICALLY IDENTIFIED AREAS.

    Received Department’s report and presentation; received public testimony. The Commission will receive and review additional halibut trawling information at its October 11, 2007, meeting in Concord.
  4. RECEIPT AND DISCUSSION OF DRAFT 2008 COMMISSION MEETING SCHEDULE.

    Executive Director Carlson provided a draft of the 2008 Commission Meeting Schedule to the Commission. Adoption of the final schedule to be scheduled for the October 11-12, 2007, meeting in Concord. No public testimony.

  5. DEPARTMENT LEGISLATIVE REPORT UPDATE AND POSSIBLE CONSIDERATION OF COMMISSION POSITIONS ON PROPOSED LEGISLATION.

    Received Department's report; received public testimony.

  6. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
    1. UPDATE ON DEPARTMENT'S BUDGET.
      Received Department's report; no public testimony.
    2. UPDATE ON PFMC ISSUES.
      1. UPDATE ON COMMERCIAL BLUEFIN TUNA FISHERY.
      Received Department's report; received public testimony.
    3. UPDATE ON PROGRESS OF COMMERCIAL FISHERY LANDING TAX REPORT OF OTHER STATES WITH COMPARISON TO CALIFORNIA.
      Received Department’s report; no public testimony.
    4. UPDATE ON ENFORCEMENT.
      Received Department's report; no public testimony.
    5. UPDATE ON CHANNEL ISLANDS MONITORING PROGRAM.
       Received Department’s report; received public testimony.
    6. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.
      Received Department’s report; received public testimony.
    7. UPDATE ON SALTON SEA .
      Received Department’s report; no public testimony.
    8. UPDATE ON REGULATIONS REGARDING TIMBER HARVEST PLANS AND COHO SALMON PURSUANT TO FISH AND GAME CODE SECTION 2112.
      Received Department’s report; no public testimony.
    9. UPDATE ON ALDS.
      Received Department’s report; no public testimony.
    10. OVERVIEW OF THE BIG GAME DRAWING PROCESS REGARDING DISABLED HUNTER.
      Received Department’s report; no public testimony.
    11. OTHER.
      Chief Deputy Director McCammon gave an update on the status of AB 821; no public testimon

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

      1. UPDATE ON THE CALIFORNIA BOARD OF FORESTRY AND COMMISSION JOINT POLICY ON PACIFIC SALMON AND ANADROMOUS TROUT.
        Received Department’s report; no public testimony. Commission approved a half day joint session with the Board of Forestry at the December meeting in Sacramento in order to give an update on the changes of the joint policy; no public testimony.
    2. OTHER.
      Commission staff to refer petition requesting regulatory limits for owl limpits to the Department for analysis and recommendations; no public testimony.
  8. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
    1. MARINE RESOURCES COMMITTEE.
      Received report; received public testimony. Next Marine Resources Committee meeting will be in Santa Barbara on September 21, 2007.
    2. AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE UPDATE.
      No report; no public testimony. Next meeting scheduled in the Sacramento area on September 6, 2007.
  9. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
    Received report and presentation; received public testimony. NOAA Fisheries Assistant Administrator Bill Hogart announced the establishment of the Fish Watch web site regarding ocean management.
  10. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
    Received report from Deputy Attorney General Cunningham; received public testimony.
  11. 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. CENTER FOR BIOLOGICAL DIVERSITY vs. CALIFORNIA FISH AND GAME COMMISSION RE: TIGER SALAMANDER.
    2. CALIFORNIA FORESTRY ASSOCIATION, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO SALMON.
    3. JACK MORICI vs. CALIFORNIA FISH AND GAME COMMISSION RE: COMMERCIAL FISHING LICENSE.
    4. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO LISTING, SOUTH OF SAN FRANCISCO.
    5. LINDY O’LEARY vs. CALIFORNIA FISH AND GAME COMMISSION RE: R.R.S.A.C. AND R.R.S.S. PERMIT DENIALS.
    6. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
    7. ROBERT LARRY EDER , JUSTIN WESLEY YAGER AND BYRAN D. RANDALL vs. CALIFORNIA FISH AND GAME COMMISSION RE: DUNGENESS CRAB VESSEL PERMITS.
  2. POSSIBLE LITIGATION INVOLVING THE COMMISSION.
  3. STAFF PERFORMANCE AND COMPENSATION.
  4. RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND PERMIT ITEMS.
    1. STEVE ANGELI, RESTRICTED SPECIES BREEDING PERMIT.
    2. MICHAEL JAMES OWEN, REVOCATION, SOUTHERN ROCK CRAB TRAP, SOUTH COAST REGION NEARSHORE TRAP, LOBSTER OPERATOR, AND TRAP PERMITS.


August 9-10, 2007 Meeting Summary

Meeting of
August 10, 2007  (Friday)
8:30 a.m.

County Administration Building
Board of Supervisors Hearing Room
105 East Anapamu Street, 4th Floor
Santa Barbara

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    No Commission action.

  2. COMMISSION RECOGNITION OF NEWLY INDUCTED MEMBERS TO THE WATERFOWLERS HALL OF FAME.

    Executive Director Carlson presented awards to newly inducted members of the California Waterfowlers Hall of Fame.

  3. CONSIDERATION OF CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENT, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2007-2008 MIGRATORY WATERFOWL REGULATIONS.

    Received Department’s report; received public testimony. The Commission certified the final environmental document and adopted the seasons and bag limits for the various zones for the 2007-2008 Migratory Waterfowl Regulations.

    The Commission's suggested amendment to the canvasback bag limits. Department and Commission staff will work to resolve.

  4. UPDATE ON DEPARTMENT'S PROPOSAL, AND POSSIBLE AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND THE SPORT FISHING REGULATIONS, TO MODIFY REPORT CARD STRUCTURE FOR ABALONE, STURGEON, STEELHEAD AND SALMON, AND TO ESTABLISH A LOBSTER REPORT CARD.

    Received Department’s proposal; received public testimony. The Commission authorized staff to publish notice, and will receive public testimony on proposed changes to these regulations at its October 11-12 , 2007, meeting in Concord, and will consider adoption at its December 7, 2007, meeting in Sacramento.

  5. RECEIPT OF DEPARTMENT REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND, ADOPT, AND REPEAL SPECIFIC SECTIONS AND SUBSECTIONS RE: SPORT FISHING CLARIFICATION AND CLEAN-UP. (Note: The discussion hearing is scheduled for October 12, 2007, in Concord.)

    Received Department’s report; no public testimony. The Commission authorized staff to publish notice of Commission intent to adopt, and repeal specific sections and subsections regarding sport fishing clarification and clean-up. The Commission will receive public testimony on proposed changes to these regulations at its October 12, 2007, meeting in Concord.

  6. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTIONS 163 AND 164, TITLE 14, CCR, RE: HERRING. (Note: The adoption hearing is scheduled for October 12, 2007, in Concord.)

    Received Department’s report, received public testimony. The Commission will consider adoption of the proposed changes at its October 12, 2007 , meeting in Concord.

  7. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 550, 551, AND 552, TITLE 14, CCR, RE: STATE AND FEDERAL AREAS.

    Received Department’s report; received public testimony. The Commission adopted the proposed changes to Sections 550, 551, and 552, Title 14, CCR, regarding state and federal areas.

  8. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 632, TITLE 14, CCR, RE: CHANNEL ISLANDS MARINE PROTECTED AREAS FEDERAL BOUNDARIES MODIFICATION. (Note: The adoption hearing is scheduled for October 12, 2007, in Concord.)

    Received Department’s report; received public testimony. The Commission will consider adoption of the proposed changes at its October 12, 2007, meeting in Concord .

CONSENT CALENDAR

  1. CONFIRMATION AND ADOPTION OF THE 15 DAY NOTICE CLARIFICATION LANGUAGE RE: THE AUTOMATED LICENSE DATA SYSTEM RULEMAKING ADOPTED BY THE COMMISSION AT ITS APRIL 13, 2007 MEETING.

    Approved; no public testimony.

  2. POSSIBLE ADOPTION OF PROPOSED CHANGES TO THE ALBACORE AND BLUEFIN TUNA BAG LIMIT REGULATIONS.

    Approved; no public testimony.

  3. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 29.85, TITLE 14, CCR , RE: CRABS.

    Approved; no public testimony.

  4. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 251.3, TITLE 14, CCR, RE: PROHIBITION AGAINST FEEDING BIG GAME MAMMALS. (Note: The discussion hearing is scheduled for October 12, 2007, in Concord.)

    Approved; no public testimony.

  5. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 630, TITLE 14, CCR, RE: ECOLOGICAL RESERVES. (Note: The discussion hearing is scheduled for October 12, 2007, in Concord.)

    Approved; no public testimony.

  6. APPROVAL OF ANNUAL REPORT AND 2007-2008 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:
    1. ABERNATHY RANCH, SHASTA COUNTY
    2. BARDIN RANCH, MONTEREY COUNTY
    3. BELL RANCH, TEHAMA COUNTY
    4. LITTLE DRY CREEK RANCH, TEHAMA COUNTY
    5. ROARING RIVER RANCH, SHASTA COUNTY
    6. ROSENDAHL RANCH, MODOC COUNTY
    7. SNOWSTORM RANCH, LASSEN COUNTY
    Approved; no public testimony.
  7. CONSIDERATION OF APPROVAL OF PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA LICENSE (2007-2012) AND 2007-2008 MANAGEMENT PLAN FOR:
    1. ELLIS RANCH, TEHAMA COUNTY
    2. LEWIS RANCH, SAN BENITO COUNTY
    3. STOVER RANCH, HUMBOLDT COUNTY
    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    On August 27, 2007, the Commission will hold a special meeting to receive information on non-lead ammunition and bullets; September 18, 2007, Blue Ribbon Task Force meeting to be held in San Francisco; and on September 21, 2007, Marine Resources Committee meeting in Santa Barbara.