October 11-12, 2007 Meeting Summary

Meeting of
October 11, 2007  (Thursday)
10:00 a.m.

Crowne Plaza
Cedar Room
45 John Glenn Drive
Concord

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Bruce Steele discussed the effects ocean acidification would have on the ecosystem over the next 100 years, and the need for policy makers to look at the seriousness that acidification represents for ocean issues.

    John Gentry requested that the Commission allow him to enter the Sea Urchin fishery lottery, using his 17-years of experience as a diver, in lieu of the two-year crew member requirement.

    President Rogers responded that the Commission would refer this to Deputy Attorney General Cunningham.

    Dominic Salluce, representing Mr. Francesco Licata on the denial of his application for a Halibut Bottom Trawl Vessel Permit, requested that the Commission grant Mr. Licata a hearing regarding reinstating his permit for halibut trawl bottom fishing due to his 47-years of experience as a commercial fisherman.

    President Rogers responded that the Commission would refer Mr. Licata’s request for a hearing to Deputy Attorney General Cunningham.

    Chris Voss stated that in order to save and manage fisheries effectively, a community-based approach needs be taken, with sustainability of the fisheries as the primary goal.

    Annette Thompson requested that the Commission restrict sport fishing within the City of Oakland due to limited fish populations.

    Rick Staub requested that the Department add two species to the Captive Propagation Permit for reptiles in California, and also requested that the Department add a stamp for reptiles and amphibians to the sport fishing license.

    Deputy Director Sonke Mastrup responded that these requests are not high priorities for the Department at this time.

    Eric Mills asked about the status of the proposed rulemaking to add live animal market species to the restricted species list. He discussed the Department’s need to eradicate the African clawed frogs in Golden Gate Park. He also requested that Judd Hanna be reappointed to the Commission.

    Virgina Handley discussed and opposed Mr. Hanna’s removal from the Commission.

    Harry Liquornik requested that the California Sea Urchin Commission’s request for minor regulatory changes be agendized. He also thanked the Commission for having the Marine Resources Committee (MRC) meeting in Santa Barbara, and stated that he looks forward to working with the MRC regarding Restricted Access Fisheries.

    Paul Weakland provided a handout regarding limpets and turban snails, and requested the immediate opening of several Bay Area counties to the harvest of abalone.

    Tom Raftican indicated that he is working in coalition with several sport fishing organizations in conducting a survey regarding the MLPA and recreational fishing. He stated that the majority of both adults and anglers support establishing parks and designated areas where the ocean environment would be subject to greater restriction.

  2. RECEIPT OF PUBLIC COMMENTS RE: THE REVISED DRAFT MASTER PLAN FOR MARINE PROTECTED AREAS. (Note: Adoption may be considered on November 1, 2007, in Sacramento.)

    Received Department’s report; received public testimony. The Commission may consider adoption at its December 6, 2007, meeting in Sacramento.

    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 memo; received public testimony. The Commission will receive an update on the process of pink shrimp trawling clean-up regulations at its November 1, 2007, meeting in Sacramento.
    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 memo; received public testimony.
  3. REQUEST BY THE CITY OF OAKLAND FOR COMMISSION CONSIDERATION TO PROHIBIT SPORT FISHING IN ALL FRESHWATER CREEKS, STREAMS, AND WATERWAYS WITHIN THE OAKLAND CITY LIMITS.

    Received proposal and presentation from the City of Oakland; received Department’s comments; received public testimony. The Commission authorized staff to publish notice of Commission intent to amend subsection 7.50(b)(172.7), Title 14, California Code of Regulations regarding the closure of recreational fishing in Sausal Creek. The Commission is scheduled to consider adoption at its December 17, 2007, teleconference meeting in Sacramento.

  4. 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 LIST THE LONGFIN SMELT (Spirinchus thaleichthys) AS AN ENDANGERED SPECIES AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO AMEND SECTION 670.5, TITLE 14, CCR .

    Received presentation from the Bay Institute; received Department’s report; received public testimony. The Commission denied the request to take emergency action to list the longfin smelt as an endangered species. The Commission directed the Department to review the petition to list the longfin smelt as an endangered species and report to the Commission if, at any time during the review process, it believes that emergency action is warranted.

  5. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF THE DEPARTMENT INITIAL REVIEW AND RECOMMENDATION ON THE PETITION TO DELIST THE AMERICAN PEREGRINE FALCON (Falco peregrinus anatum) AS AN ENDANGERED SPECIES.

    Received Department’s report; received public testimony. The Commission found that the petitioned action to delist the American Peregrine Falcon as an endangered species may be warranted; and directed the Department to commence a status review of this species and report back to the Commission within one year from the date of the Commission’s finding concerning the petition, with a recommendation as to whether the species should be delisted.

    1. RECEIPT OF DEPARTMENT STATUS REPORT ON PREPARATION OF ENVIRONMENTAL DOCUMENT TO DELIST THE SISKIYOU MOUNTAINS SALAMANDER (Plethodon stormi) AS A THREATENED SPECIES.

    2. RECEIPT OF DEPARTMENT RECOMMENDATION RE: AMENDMENT OF SECTION 670.5(b), TITLE 14, CCR , TO INCLUDE SCOTT BAR SALAMANDER (Plethodon asupak) AS AN ENDANGERED SPECIES.

    No report; no public testimony.
  6. RECEIPT OF DEPARTMENT RECOMMENDATION RE: REQUEST FROM THE MARINE INTEREST GROUP OF SAN LUIS OBISPO COUNTY TO AMEND SPORT FISHING DAILY BAG LIMITS FOR OWL LIMPETS (Lottia gigantean).

    Received Department’s report; received public testimony. The Commission took no action on the request.

  7. POSSIBLE ADOPTION OF 2008 COMMISSION MEETING SCHEDULE.

    No public testimony. The Commission adopted the 2008 Commission meeting schedule.

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

    Received Department’s report; received public testimony.

  9. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
    1. UPDATE ON DEPARTMENT'S BUDGET.
      No report; no public testimony.
    2. UPDATE ON PFMC ISSUES.
      1. UPDATE ON COMMERCIAL BLUEFIN TUNA FISHERY.
      Received Department's report; no public testimony.
    3. KELP BED AND WATER BOTTOM LEASE OVERVIEWS AND STATUS REPORTS.
      Received Department’s report; no public testimony.
    4. UPDATE ON PREPARATION OF REPORT COMPARING OTHER STATES' COMMERCIAL FISHERY LANDING TAXES WITH THOSE OF CALIFORNIA.
       Received Department’s report; no public testimony.
    5. UPDATE ON ENFORCEMENT.
      Received Department’s report; no public testimony.
    6. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.
      Received Department’s report; received public testimony. The Commission formally approved the appointment of Terry Maas to the Abalone Advisory Group.
    7. UPDATE ON ALDS.
      No report; no public testimony.
    8. UPDATE ON SMITH RIVER.
      Received Department’s report; received public testimony.
    9. UPDATE ON PROPOSED CHANGES TO 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 report; received public testimony.
    10. OTHER.

      Deputy Director Sonke Mastrup stated that the sport fishery for rockfish, lingcod, cabezon, and greenlings from Pigeon Point to the Oregon Border (North and North-Central Management Areas) closed on Oct. 1, 2007.

      He also indicated that the Federal Government controls activities in the Golden Gate National Recreational area, which will affect herring fishermen under the current rules. The Department and Commission have no jurisdiction.

      Acting Director John McCamman stated that the Lake Davis project was a success and requested time on the November agenda for Dr. Ed Pert, Fisheries Branch, to give a presentation.

  10. 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.
        The Commission will receive an update on a possible joint meeting with the California Board of Forestry at the November Commission meeting; no public testimony.
      2. MIGRATORY BIRD CONSERVATION COMMITTEE MEETING.
        Received report; no public testimony.
    2. OTHER.
      Received update on Commission off-site work plan meeting; no public testimony.
  11. 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.
      Received report; next meeting scheduled for November 29, 2007, at the Yolo Wildlife Area conference room.
  12. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
    Received report from Tony Morton of NOAA Fisheries; no public testimony.
  13. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
    Received report; no public testimony.
  14. NEW BUSINESS.
    Commission directed staff to agendize the adoption of a resolution commending Judd Hanna for his service with the Fish and Come Commission at its December meeting.

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. JOSEPH ROBERT JONES, REVOCATION OF HUNTING PRIVILEGES.
    2. MARK A. LARKINS, REVOCATION OF COMMERCIAL LOBSTER PERMIT.


Meeting of
October 12, 2007  (Friday)
8:30 a.m.

Crowne Plaza
Cedar Room
45 John Glenn Drive
Concord

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    No action taken during Executive Session.

  2. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO AMEND, ADOPT, AND REPEAL SPECIFIC SECTIONS AND SUBSECTIONS RE: SPORT FISHING CLARIFICATION AND CLEAN-UP. (Note: The adoption hearing is scheduled for November 2, 2007, in Sacramento.)

    No public testimony.

    1. FINAL CERTIFICATION OF ENVIRONMENTAL DOCUMENT, AND ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE) FOR PROPOSED CHANGES TO SECTIONS 163 AND 164, TITLE 14, CCR , RE: HERRING.
    2. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTIONS 163 AND 164, TITLE 14, CCR , RE: HERRING.
    Received Department’s report; received public testimony. The Commission certified the final environmental document and approved the findings, proposed project and preferred herring regulatory amendments, with the exception of granting authority to the Director to set the quota and season dates.

  3. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 251.3, TITLE 14, CCR, RE: PROHIBITION AGAINST FEEDING BIG GAME MAMMALS. (Note: The adoption hearing is scheduled for November 2, 2007, in Sacramento.)

    Received Department’s report; received public testimony.

  4. 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. (Note: This item includes the possible prohibition of the use of lead ammunition for hunting big game, nongame birds and nongame mammals for the protection of the California Condor. An additional discussion hearing is scheduled for November 2, 2007, in Sacramento .)

    Received Department’s report; received public testimony.

  5. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 502, TITLE 14, CCR, RE: DAILY BAG LIMIT FOR CANVASBACK DUCKS. (Note: The adoption hearing is scheduled for an October 16, 2007, teleconference call in Sacramento.)

    Received public testimony.

  6. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 630, TITLE 14, CCR, RE: ECOLOGICAL RESERVES. (Note: The adoption hearing is scheduled for November 2, 2007, in Sacramento.)

    Received public testimony.

CONSENT CALENDAR

  1. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 632, TITLE 14, CCR, RE: CHANNEL ISLANDS MARINE PROTECTED AREAS FEDERAL BOUNDARIES MODIFICATION.

    Approved; no public testimony.

  2. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 671, TITLE 14, CCR, RE: IMPORTATION, TRANSPORTATION, AND POSSESSION OF LIVE RESTRICTED ANIMALS. (Note: The discussion hearing is scheduled for November 2, 2007, in Sacramento.)

    Approved; received public testimony.

  3. RECEIPT OF DEPARTMENT RECOMMENDATIONS FOR CATCH- AND -RELEASE WATERS PURSUANT TO SECTION 1727 OF THE FISH AND GAME CODE.

    Approved; no public testimony.

  4. RECEIPT OF PETITION FROM THE CENTER FOR BIOLOGICAL DIVERSITY TO LIST THE AMERICAN PIKA (Ochotona princeps) AS A THREATENED SPECIES AND APPROVAL OF DEPARTMENT REQUEST FOR A 30- DAY EXTENSION TO EVALUATE THE PETITION.

    Received petition; approved Department's request; no public testimony.

  5. REQUEST OF DAN YOAKUM FOR REINSTATEMENT OF EXPERIMENTAL GEAR PERMIT # X-1865 TO CONDUCT RESEARCH ON MESH AROUND RAFTS USED IN HERRING- EGGS -ON-KELP FISHING IN SAN FRANCISCO BAY.

    Approved; no public testimony.

  6. APPROVAL OF ANNUAL REPORT AND 2007-2008 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLAN FOR:

    1. LLANO SECO RANCHO, BUTTE COUNTY .
    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.