November 1-2, 2007 Meeting Summary

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

Resources Building Auditorium
1416 Ninth Street, First Floor
Sacramento

DISCUSSION ITEMS

  1. PUBLIC FORUM.

    Don Wilson provided a petition to the Commission regarding opposition to the Sutter Bypass levee closure for waterfowl hunting and requested that the Commission agendize this issue.

    Deputy Director Mastrup responded that the regional manager can specify behavior conduct rules, and had the authority to close waterfowl hunting as it had been an issue for several years. He indicated that other opportunities were made available to the public and that regional staff could provide an update at the next Commission meeting explaining the Sutter Bypass levee history and how the Department has accommodated the closure.

    Vice President Gustafson responded that the Sutter Bypass levee would be agendized for the December 2007 Commission meeting, and requested that regional staff provide an update regarding the history and closure.

    Rick Staub submitted a letter to the Commission and questioned the Department’s policy regarding the Native Reptile Captive Propagation Permit. He stated that the Department has not addressed this issue or added any species to this permit.

    Deputy Director Mastrup responded that the Department lacks dedicated resources, but is working with staff to organize issues on reptiles, and will be providing an update in the near future.

    Dennis Byrne requested a survey be conducted regarding the Pismo Clam Fishery to provide population data.

    Deputy Director Mastrup stated that the Department is conducting a study on clams in general and that there is a viable population.

    Jimmy Bunn stated his pursuit for a transferable squid permit has now gone to the Marine Resources Committee and he would speak to this issue on Item 10 of the Agenda.

    Virginia Handley requested that the Commission agendize a Department report on the welfare of wildlife in Southern California, due to the wildfires. She also requested a moratorium on hunting at this time.

    Vice President Gustafson responded that a report on the effects of Southern California’s wildfires would be heard today under DFG Director’s Report.

    Barbara Schmitz requested the Commission’s leadership in addressing the State regulations governing private nuisance wildlife control operators, and stated that regulations are necessary to implement standards for safe and humane wildlife handling practices.

    Paul Weakland provided a handout and requested t he immediate opening of several Bay Area counties for the harvest of abalone. He also stated that his questions have not been answered regarding aquaculture, abalones, and withering syndrome.

  2. PRESENTATION BY CALIFORNIA OUTDOOR HERITAGE ALLIANCE ON THE SHARED HABITAT ALLIANCE FOR RECREATIONAL ENHANCEMENT (SHARE) PILOT PROGRAM.

    Received presentation; received public testimony. Commission unanimously recommended that the Department dedicate $100,000 to support this program.

  3. RECEIPT OF DFG REPORT REGARDING HOT CREEK, UPPER OWENS RIVER, AND WALKER RIVER FISHERY MANAGEMENT.

    Received Department’s report; received public testimony. Commission took no action to change the year-round fishing regulations.

  4. DFG REQUEST FOR COMMISSION GUIDANCE TO PACIFIC FISHERY MANAGEMENT COUNCIL, RE: RECREATIONAL GROUNDFISH REGULATIONS.

    Received Department’s briefing on the process of developing recreational groundfish management regulations for the 2009 - 2010 fishing season; received public testimony. Commission supported the Department’s recommended allocation range.

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

    Received Department’s update; received public testimony. Department staff will provide a report on bycatch reduction devices at the Commission’s February 8, 2008, meeting in San Diego.
    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. POSSIBLE REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND TITLE 14, CCR, RE: HALIBUT TRAWLING WITHIN SPECIFICALLY IDENTIFIED AREAS.

    Received Department’s report; received public testimony. Commission will receive Department’s report and additional testimony at its December 6, 2007, meeting in Sacramento.
  5. DFG LEGISLATIVE REPORT UPDATE AND POSSIBLE CONSIDERATION OF COMMISSION POSITIONS ON PROPOSED LEGISLATION.

    Received Department’s written report; no public testimony.

  6. RECEIPT OF DFG DIRECTOR’S REPORT.
    1. UPDATE ON LAKE DAVIS PIKE ERADICATION PROJECT.

      Received Department’s report; no public testimony.

    2. UPDATE ON WILDLIFE ACTION PLAN.

      Received Department’s report; no public testimony.

    3. UPDATE ON THE CALIFORNIA BOARD OF FORESTRY AND COMMISSION JOINT POLICY ON PACIFIC SALMON AND ANADROMOUS TROUT.

      Received Department’s report; no public testimony.

    4. UPDATE ON PFMC ISSUES.

      Received Department’s report; received public testimony.

    5. UPDATE ON ENFORCEMENT.

      Received Department’s report and presentation on the Hunter Education program; no public testimony.

    6. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.

      Received Department’s report; received public testimony. The next meeting of the AAG is scheduled for November 29, 2007.

    7. OTHER.

      Received Department’s report on Southern California wildfires. Acting Director John McCamman announced the following appointments: Ed Pert, Chief of Fisheries, was appointed Manager for the South Coast Region; Kevin Hunting, Acting Manager for the South Coast Region was appointed Deputy Director of Operations; and Sandra Morey, Acting Deputy Director of Operations, will return to the North Central Region as Manager.

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

      Received report; received public testimony. The Commission directed staff to agendize notification of its intent to amend regulations relating to dredging and recreational take of crab in Morro Bay for its February 8, 2008, meeting in San Diego. Received request from the Director of the Nevada Department of Wildlife to set up a joint meeting with the Commission.

    2. OTHER.

      No report.

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

      1. COMMISSION APPROVAL OF M.R.C. PRIORITY LIST.
      Received report from Commissioner Sutton; received public testimony. Commission approved the Marine Resources Committee (MRC) priority list. The next MRC meeting is scheduled for December 13, 2007, in Monterey.
    2. AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE UPDATE.

      No report. The next Al Taucher meeting is scheduled for November 29, 2007, in Sacramento.

  9. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received written report from Tony Morton of NOAA Fisheries; no public testimony.

  10. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
    1. UPDATE ON HONORARY BADGES.

      Received report and handout from Deputy Attorney General Cunningham; received public testimony.

    2. UPDATE ON JOHN GENTRY REQUEST RE: SEA URCHIN PERMIT ELIGIBILITY.

      Deputy Attorney General Cunningham informed the Commission that Mr. Gentry has met none of the qualification criteria for a Sea Urchin Permit; received public testimony.

    3. UPDATE ON FRANCESCO LICATA REQUEST RE: HALIBUT TRAWL PERMIT.

      Commission will schedule a hearing for Mr. Licata requesting his Halibut Trawl permit.

  11. NEW BUSINESS.

    Deputy Attorney General Cunningham announced his retirement at the end of December 2007.

    Commission requested the Al Taucher Committee discuss a name change for the Fish and Game Commission; received 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. 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. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO LISTING, SOUTH OF SAN FRANCISCO.
    4. LINDY O’LEARY vs. CALIFORNIA FISH AND GAME COMMISSION RE: R.R.S.A.C. AND R.R.S.S. PERMIT DENIALS.
    5. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
    6. ROBERT LARRY EDER , JUSTIN WESLEY YAGER AND BYRAN D. RANDALL vs. CALIFORNIA FISH AND GAME COMMISSION RE: DUNGENESS CRAB VESSEL PERMITS.
    7. STEVE ANGELI vs. CALIFORNIA FISH AND GAME COMMISSION RE: RESTRICTED SPECIES BREEDING PERMIT.
  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
November 2, 2007  (Friday)
8:30 a.m.

Resources Building Auditorium
1416 Ninth Street, First Floor
Sacramento

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    The Commission accepted its Hearing Officer’s proposed decisions on the following license and permit items from the Commission’s November 2007 Executive Session:

    1. Joseph Robert Jones, revoked hunting privileges.
    2. Mark A. Larkins, revoked commercial lobster permit.
  2. RECEIPT OF PUBLIC TESTIMONY 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. (Note: The adoption hearing is scheduled for December 7, 2007, in Sacramento.)

    Received Department’s report; received public testimony.

  3. 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 discussion on implementation of AB 821.)

    Received Department’s report; received public testimony. Commission will consider possible adoption of the proposed changes at its December 7, 2007, meeting in Sacramento.

  4. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 671, TITLE 14, CCR, RE: IMPORTATION, TRANSPORTATION, AND POSSESSION OF LIVE RESTRICTED ANIMALS. (Note: This item includes the Department update regarding barramundi. The adoption hearing is scheduled for December 7, 2007, in Sacramento.)

    Received Department’s report; received public testimony.

CONSENT CALENDAR-ALL APPROVED

  1. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 251.3, TITLE 14, CCR, RE: PROHIBITION AGAINST FEEDING BIG GAME MAMMALS.

    Approved; no public testimony.

  2. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 630, TITLE 14, CCR, RE: ECOLOGICAL RESERVES.

    Approved Department recommendations except the regulations concerning aircraft; no public testimony.

  3. POSSIBLE ADOPTION OF PROPOSED CHANGES TO AMEND, ADOPT, AND REPEAL SPECIFIC SECTIONS AND SUBSECTIONS RE: SPORT FISHING CLARIFICATION AND CLEAN-UP.

    Approved; no public testimony.

  4. PLM MODIFICATION FOR THE SANTA CATALINA ISLAND PLM (CHANGE TAG ISSUANCE AND AUTHORIZED HARVEST FROM 300 EITHER SEX DEER TO 500 EITHER SEX DEER).

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    Next Commission meeting is scheduled for December 6, 2007, in Sacramento.