December 6-7, 2007 Meeting Summary

Meeting of
December 6, 2007  (Thursday)
10:00 a.m.

Department of Education
State Board Room

1430 N Street, Room 1101
Sacramento

DISCUSSION ITEMS

  1. PUBLIC FORUM

    Chris Voss indicated that the California Abalone Association, with support from the Department, would be conducting an informal survey at the Farallon Islands, and will submit the data to assist in the MPA decision making process regarding the economic impact to the Farallon Islands.

    Kenyon Hensel provided a handout to the Commission and discussed the need for nearshore permits to be made transferable as most commercial fishermen in California are advanced in age. He stated that there had been discussions at the Federal Council meetings regarding this issue, and also requested that the Commission make an exemption and assist Mr. Weaver regarding the transferability of his nearshore permit due to health issues.

    Commissioner Sutton responded that reexamination of the Commission's restricted access policy would be on the Agenda at the December 13, 2007, Marine Resources Committee meeting in Monterey, and suggested that Mr. Hensel attend.

    Deputy Director Mastrup responded that due to the moratorium, the Department did not have the authority to transfer Mr. Weaver's permit. He suggested that Mr. Hensel attend the next MRC meeting.

    Eric Mills thanked the Commission for allowing public materials to be displayed at Commission meetings. He also suggested that Public Forum be heard on both days of the Commission meeting, and questioned the Department’s not enforcing the prohibition of importing diseased species and species not listed on the importation permit.

    Paul Weakland submitted two handouts to the Commission and discussed his participation in the Abalone Advisory Committee meeting. He also commented that it was not necessary to conduct a survey on the Farallon Islands as the Department had previously conducted an extensive survey.

  2. PRESENTATION OF RESOLUTION HONORING R. JUDD HANNA.

    The Commission presented a resolution honoring Mr. R. Judd Hanna for his service to the Commission; received public testimony.

  3. RECEIPT OF THE FINAL REVISED DRAFT MASTER PLAN FOR MARINE PROTECTED AREAS WITH POSSIBLE ADOPTION IN FEBRUARY.

    Received report and memo; received public testimony.

  4. REQUEST OF MICHAEL TOUSSAINT, MARIN OYSTER COMPANY, TO LEASE STATE WATER BOTTOMS LEASE NO. M-430-02, MARIN COUNTY.

    Received public testimony. Commission authorized staff to publish notice of the availability of state water bottoms lease M-430-02 for lease for aquaculture purposes.

    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. Department will provide Commission with a detailed presentation at its February 7, 2008, meeting in San Diego; Commission authorized staff to publish notice of its intent to amend Title 14.
  5. DFG LEGISLATIVE REPORT UPDATE AND POSSIBLE CONSIDERATION OF COMMISSION POSITIONS ON PROPOSED LEGISLATION.

    No report.

  6. RECEIPT OF DFG DIRECTOR’S REPORT.
    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.

    2. UPDATE ON PFMC ISSUES.

      Received written report from Maria Vojkovich; received public testimony.

    3. UPDATE ON ENFORCEMENT.

      Received Department’s report and presentation from canine coordinator Lynette Shimek and her canine partner Ellen; no public testimony.

    4. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.

      Received Department’s report; received public testimony.

    5. UPDATE ON THE SUTTER LEVEE CLOSURE.

      Received Department’s report; received public testimony.

    6. UPDATE ON SOUTHERN CALIFORNIA FIRES.

      Received Department’s report; received public testimony. Department will schedule a fieldtrip for February 6, 2008, to observe the damages caused by the San Diego wildfires.

    7. UPDATE ON PINK SHRIMP REGULATORY CLEAN UP.

      Received Department’s report; no public testimony.

    8. UPDATE ON SAN FRANCISCO BAY OIL SPILL.

      Received Department’s report; no public testimony.

    9. UPDATE ON POSSIBLE 2008 MAMMAL HUNTING AND TRAPPING REGULATION CHANGE PROPOSALS AND CEQA DOCUMENTS.

      Received Department’s report; received public testimony.

    10. OTHER.

      Received Department’s report on Prospect Island fish kill.

  7. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. STAFF REPORTS.
      1. ADOPT JOB DESCRIPTION OF COMMISSION MARINE ADVISOR.
        Commission adopted the proposed job description for the Marine Advisor position; received public testimony.
      2. STAFF RECOMMENDATION TO MOVE CONCORD MEETING TO STOCKTON IN MARCH, 2008. 
        Commission unanimously voted to move the March Commission meeting from Concord to Stockton.
      3. UPDATE ON FUTURE LEGAL REPRESENTATION.
        Executive Director Carlson reported that he is working with the Department and the Attorney General’s office on Deputy Attorney General Cunningham’s successor.
    2. OTHER.

      No report.

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

      The next MRC meeting is scheduled for December 13, 2007, in Monterey , California .

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

      The Al Taucher meeting was postponed due to scheduling conflicts; the next meeting will be scheduled for early next year and will be posted on the FGC website.

  9. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Received report via email from Tony Morton of NOAA Fisheries, indicating that Assistant Administrator William Holarth of NOAA Fisheries will retire effective December 31, 2007; received public testimony.

  10. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    Received report from Deputy Attorney General Cunningham regarding late renewals of Commercial Herring Permits; received public testimony.

  11. NEW BUSINESS.

    No report.

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.
    1. COALITION FOR SUSTAINABLE DELTA, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: SPORTFISH REGULATIONS AND TAKE OF LISTED SPECIES.
  3. STAFF PERFORMANCE AND COMPENSATION.
  4. RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND PERMIT ITEMS.

    1. FRANCESCO LICATA, HALIBUT BOTTOM TRAWL VESSEL PERMIT.
    2. RICHARD S. POWERS, COMMERCIAL PASSENGER FISHING LICENSE AND COMMERCIAL FISHING LICENSE.
    3. ERIK JOHN WEIS, BANNED FROM STATE AND FEDERAL HUNTING AREAS.


Meeting of
December 7, 2007  (Friday)
8:30 a.m.

Department of Education
State Board Room

1430 N Street, Room 1101
Sacramento

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Received report; no Commission action taken.

  2. CHANNEL ISLANDS MPAS ANNUAL MONITORING UPDATE.

    Received report; received public testimony.

  3. RECEIPT OF PUBLIC TESTIMONY ON PROPOSALS TO AMEND SUBSECTION (b)(172.7) OF SECTION 7.50, TITLE 14, CCR, RE: SAUSAL CREEK SPORT FISHING REGULATIONS. (Note: The adoption hearing is scheduled for December 17, 2007, teleconference in Sacramento.)

    No public testimony received.

    1. FINAL CERTIFICATION OF ENVIRONMENTAL DOCUMENT, AND ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE) FOR PROPOSED CHANGES TO SECTIONS 353 AND 475, TITLE 14, CCR, RE: METHODS AUTHORIZED FOR TAKING BIG GAME AND METHODS OF TAKE FOR NONGAME BIRDS AND NONGAME MAMMALS.
    2. DISCUSSION AND POSSIBLE ADOPTON OF PROPOSED CHANGES TO 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 certified the final environmental document, adopted the findings and proposed project, and adopted the proposed changes regarding methods authorized for taking big game and methods of take for nongame birds and nongame mammals.

    Commission directed the Department to complete a comprehensive review of the best available science regarding lead bullet/shot toxicity impacts to wildlife including gamebirds and raptors on a statewide basis, and provide a written summary to the Commission for at its February 2009 meeting.

  4. DISCUSSION AND POSSIBLE ADOPTION OF 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. Commission adopted the proposed changes to the sport fishing regulations.

  5. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 671, TITLE 14, CCR, RE: IMPORTATION, TRANSPORTATION, AND POSSESSION OF LIVE RESTRICTED ANIMALS.

    Received Department’s report; received public testimony. Commission adopted the proposed changes regarding importation, transportation, and possession of live restricted animals.

CONSENT CALENDAR

  1. RECEIPT OF DEPARTMENT'S TENTATIVE RECOMMENDATIONS FOR ANTLERLESS/EITHER-SEX DEER HUNTS FOR 2008-2009.

    Received report; no public testimony.

  2. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 503, TITLE 14, CCR, RE: CROP DAMAGE AND NUISANCE CANADA GEESE. (Note: Discussion and possible adoption are scheduled for February 8, 2008.)

    Approved; no public testimony.

  3. CONSIDERATION OF DEPARTMENT ANNUAL RECOMMENDATION FOR CEILINGS ON RESERVOIR ACCESS FEES ALLOWED BY THE COMMISSION'S POLICY ON "STOCKING FISH IN WATERS WHERE ANGLERS PAY ACCESS FEES."

    Approved; no public testimony.

  4. RECEIPT OF DEPARTMENT REPORT ON THE PETITION TO LIST LONGFIN SMELT (Spirinchus thaleichthys) AS AN ENDANGERED SPECIES.

    Received report; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    A teleconference meeting is scheduled for December 17, 2007, in Sacramento. The next Commission meeting is scheduled for February 7, 2008, in San Diego.