February 7-8, 2008 Meeting Summary

Meeting of
February 7, 2008  (Thursday)
10:00 a.m.
**

Hubbs-Sea World Research Institute
Shedd Auditorium

2595 Ingrahm Street
San Diego

DISCUSSION ITEMS

  1. ELECTION OF OFFICERS.

    Commission reelected Commissioner Rogers as President and Commissioner Gustafson as Vice President.

  2. PUBLIC FORUM.

    Pete Dupuy discussed an experimental long-line fishery that is before the Pacific Fishery Management Council and requested that the Commission support this fishery, and have an open mind when voting on long-line issues.

    John Collar provided a handout to the Commission and requested a change in the recreational spiny lobster fishing regulations concerning the use of hoop nets. He indicated that recreational fishermen use hoop nets and other methods of fishing, which will cause the decline of the fishery.

    Deputy Director Mastrup indicated that lobster report cards were established to monitor the activity regarding recreational harvest and would go into effect this fall.

    Elaine Jobin discussed the impacts and hazards fishing nets left on the ocean bottom have on diving sites and wrecks for recreational scuba divers, and requested that the Commission decrease nets to commercial fishermen to ensure that California’s marine resources continue for everyone to enjoy.

    Peter Halmay discussed the Sea Urchin fishery and requested that the Commission give consideration to self-organized fishing units managed by fishermen and overseen by government, as the present system of managing fisheries is not working.

    Josh Goldman submitted written comments and proposed conditions to the Commission under which a barramundi exemption may occur. He indicated that all states with prohibition of live fish have also established conditions for exemption, under which importation may occur when based for commercial or scientific purposes, and requested that the Commission exempt barramundi in California based on these facts.

    President Rogers responded that barramundi is a non-native species and that it had just been discovered in the live animal markets of California.

    Gary Burke requested that the Commission weigh the facts when making a decision regarding Halibut Trawl fisheries as livelihoods would be affected by their decision.

    Jim Martin gave an update on wave energy to the Commission and requested that Deputy Attorney General Cunningham answer his question on how, once permits were issued, they would interact with the ability to site MPA’s in the application areas, and how this would affect the MPA process.

    Deputy Attorney General Cunningham responded that this would be an issue that would have to be examined and that there were no definitive answers at this time, but to proceed with the process.

    Paul Weakland stated that the Commission still had not responded to his questions regarding the listing of black abalone as an endangered species and also indicated that the proper utilization of our resources was not being accomplished. He also requested the immediate opening of several bay area counties for the harvest of abalone.

  3. PRESENTATION OF RESOLUTION HONORING WILLIAM CUNNINGHAM.

    Commission presented a resolution honoring Mr. William Cunningham for his service to the Commission as Deputy Attorney General; received public testimony.

  4. POSSIBLE ADOPTION OF THE REVISED DRAFT MASTER PLAN FOR MARINE PROTECTED AREAS.

    Received Department’s report; received public testimony. Commission adopted the final revised draft master plan for marine protected areas.

  5. CONSIDERATION OF REQUEST FROM THE NORTHERN CALIFORNIA COUNCIL OF THE FEDERATION OF FLY FISHERS FOR THE EMERGENCY CLOSURE OF STEELHEAD FISHING ON THE LOWER AMERICAN RIVER.

    Received Department's report; received public testimony. Commission took no action regarding an emergency closure of steelhead fishing on the lower American River. Commission requested that the Department evaluate this for the Sport Fishing Regulations for 2009.

  6. ANNUAL REVIEW OF WHITE STURGEON WILD BROODSTOCK COLLECTION PROGRAM AND CONSIDERATION OF CONTINUATION OF THE PROGRAM WITH AUTHORIZATION OF BROODSTOCK COLLECTION PERMITS.

    Commission did not receive the Department’s annual review of White Sturgeon Wild Broodstock Collection Program; received public testimony. Commission took no action and voted to reagendize this item for discussion at the Commission's March 6, 2008, meeting in Stockton.

  7. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 632 TITLE 14, CCR, RE: MORRO BAY STATE MARINE RECREATIONAL MANAGEMENT AREA AND DANA POINT STATE MARINE PARK.

    Received Department’s report and power presentation from Susan Ashcraft; received public testimony. Commission took no action .

    1. PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF DEPARTMENT'S INITIAL REVIEW AND RECOMMENDATION ON THE PETITION TO LIST LONGFIN SMELT (Spirinchus thaleichthys) AS AN ENDANGERED SPECIES.

      Received Department’s presentation; received public testimony. Commission designated the longfin smelt as a candidate for listing; Commission directed the Department to commence a status review of the species and report back to the Commission within one year.

    2. CONSIDERATION AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO ADD SECTION 749.3, TITLE 14, CCR, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF LONGFIN SMELT DURING CANDIDACY PERIOD.

      Commission adopted emergency regulations concerning incidental take of longfin smelt during the candidacy period. Commission selected the Department's recommended Option 1.

    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. RECEIPT OF PUBLIC TESTIMONY ON COMMISSION INTENT TO AMEND TITLE 14, CCR, RE: HALIBUT TRAWLING WITHIN SPECIFICALLY IDENTIFIED AREAS.

      Received Department’s presentation; received public testimony. Commission received public testimony on Commission intent to amend halibut trawling regulations within specifically identified areas. Department has prepared regulatory alternatives that will allow the Commission to keep one or more of the specifically identified areas open to trawling. Discussion is scheduled for the Commission's March 7, 2008, meeting in Stockton.

  8. POSSIBLE ADOPTION OF DVD RECORDINGS USING KEY POINT INDEXING OF 2007 COMMISSION MEETINGS AS THE OFFICIAL COMMISSION MINUTES.

    No report; no public testimony. Commission adopted the DVD recordings for 2007 as the official Commission minutes.

  9. DFG LEGISLATIVE REPORT UPDATE AND POSSIBLE CONSIDERATION OF COMMISSION POSITIONS ON PROPOSED LEGISLATION.

    Received Department’s report; no public testimony.

  10. RECEIPT OF DFG DIRECTOR’S REPORT.

    Received Department’s report and presentation regarding Quagga and Zebra mussels from Acting Director McCamman; no public testimony.

    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 Department’s report; received public testimony. The Pacific Fishery Management Council will be meeting in Sacramento in March 2008 for six days. The meeting is open to the public.

    3. UPDATE ON ENFORCEMENT.

      Received Department’s report; no public testimony.

    4. UPDATE ON GROUNDFISH STATUS AND POTENTIAL FOR REGULATION ACTIONS IN 2008 BASED ON IN-SEASON ADJUSTMENTS.

      Received Department’s report; received public testimony.

    5. UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.

      Received Department’s report; received public testimony.

    6. UPDATE ON THE KLAMATH RIVER BASIN RESTORATION AGREEMENT.

      Received Department’s report; no public testimony.

    7. UPDATE ON REPORT STATUS REGARDING PINK SHRIMP TRAWLING BYCATCH REDUCTION DEVICES.

      Received Department’s report; no public testimony.

    8. OTHER.

      No report.

  11. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. STAFF REPORTS.
      1. UPDATE ON FUTURE LEGAL REPRESENTATION.
        Received report; no public testimony. Commission is in the process of working with the Department of Justice on appointing a new Deputy Attorney General, who will attend the next Commission meeting.
      2. UPDATE ON WAFWA.
        Received report; no public testimony. The Western Association of Fish and Wildlife Agencies (WAFWA) summer meeting will be held in Rapid City, South Dakota, in July 2008. California will be the host state for the 2009 WAFWA mid-winter and summer meetings.
    2. OTHER.

      Commission and Department staff are continuing work with a facilitator regarding Commission Organizational Assessment and Planning retreat. A date will be announced to the public in the near future; no public testimony.

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

      MRC report is to be heard at the next Commission meeting as the chair of the committee is currently at the Channel Islands Marine Sanctuary meeting in Oxnard, California; no public testimony.

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

      The next Al Taucher’s meeting is scheduled for March 20, 2008, in the Williams area.

  13. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

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

  14. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    Received report from Deputy Attorney General Cunningham; no public testimony.

  15. NEW BUSINESS.

    Vice President Gustafson announced the start of a process to have an annual Commission dinner that would focus on working with County Commissions as well as with the legislature, to present awards before an audience and promote the efforts of the Department as well as the Commission.

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. RICHARD S. POWERS, COMMERCIAL PASSENGER FISHING LICENSE AND COMMERCIAL FISHING LICENSE.


Meeting of
February 8, 2008 (Friday)
8:30 a.m.

Hubbs-Sea World Research Institute
Shedd Auditorium

2595 Ingrahm Street
San Diego

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Legal Counsel announced results of Executive session.

  2. RECEIPT OF DEPARTMENT PROPOSALS FOR TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2008-2009 MAMMAL HUNTING REGULATIONS AND REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO MAKE TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES. (Public comments and adoption of Department proposals are scheduled for the Commission's May 9, 2008, meeting in Monterey. Note: No public recommendations will be received this year. Public recommendations for changes in the Mammal Hunting and Trapping Regulations are considered every three years. Any recommendations received after the regulation adoption process in April 2007 will be considered at the Commission's February 2010, meeting.)

    Received Department’s proposals; no public testimony. Commission is scheduled to receive public testimony at its March 7, 2008, meeting in Stockton .

  3. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 27.80, TITLE 14, CCR, RE: OCEAN SALMON SPORT FISHING.

    Received Department’s report; no public testimony. Commission directed staff to publish notice of Commission intent to amend ocean salmon sport fishing regulations. Commission is scheduled to receive public input and discuss this matter at its March 7, 2008, Commission meeting in Stockton.

  4. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SUBSECTION (b)(91.1) OF SECTION 7.50, TITLE 14, CCR, RE: KLAMATH RIVER SPORT FISHING REGULATIONS.

    Received Department’s report; Commission directed staff to publish notice of Commission intent to amend Klamath River sportfishing regulations. Commission is scheduled to receive public testimony at its March 7, 2008, meeting in Stockton.

  5. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND TITLE 14, CCR, RE: CERTIFICATION OF NONLEAD AMMUNITION AND LIST OF CERTIFIED NONLEAD AMMUNITION, PURSUANT TO PROVISIONS OF AB 821.

    Received Department’s report; no public testimony. Commission directed staff to publish notice of Commission intent to amend Title 14, CCR, regarding certification of nonlead ammunition and list of certified nonlead ammunition, pursuant to provisions of AB 821. The Commission is scheduled to receive public testimony at its March 7, 2008, Commission meeting in Stockton.

CONSENT CALENDAR - All Approved, except for # 32

  1. RECEIPT OF DEPARTMENT REPORT ON THE PETITION TO LIST THE AMERICAN PIKA (Ochotona princeps) AS A THREATENED SPECIES.

    Received report; no public testimony.

  2. RECEIPT OF DEPARTMENT’S STATUS REPORT ON THE PETITION TO DELIST CALIFORNIA BROWN PELICAN (Pelecanus occidentalis californicus) AS AN ENDANGERED SPECIES.

    Received report; received public testimony.

  3. RECEIPT OF THE DEPARTMENT'S STATUS REPORT ON THE PETITIONS TO REMOVE THE FOLLOWING PLANTS FROM THE LIST OF RARE AND ENDANGERED SPECIES: MARIN BENT GRASS (Agrostis blasdalei var. marinensis), HANGING GARDENS MANZANITA (Arctostaphylos edmundsii var. parvifolia), SLENDER-POD JEWELFLOWER (Caulanthus stenocarpus), AND TRUCKEE BARBERRY (Mahonia sonnei).

    Received report; no public testimony.

  4. REQUEST OF JOHN FINGER TO RENEW THE HOG ISLAND MARICULTURE LEASE #M430-11, MARIN COUNTY.

    Approved; no public testimony.

  5. REQUEST FROM THE U.S. FISH AND WILDLIFE SERVICE FOR COMMISSION APPROVAL FOR LAND ACQUISITION OF APPROXIMATELY 22,000 ACRES WITHIN THE TULARE BASIN WILDLIFE MANAGEMENT AREA, KERN AND TULARE COUNTIES.

    Approved; no public testimony.

  6. RECEIPT OF DEPARTMENT REPORT TO THE FISH AND GAME COMMISSION AND LEGISLATURE ON THE ANNUAL ACCOUNTING OF THE DEPOSITS INTO AND EXPENDITURES FROM THE FISH AND GAME PRESERVATION FUND, AS REQUIRED BY SECTION 8589.7, FISH AND GAME CODE.

    Received report; no public testimony.

  7. RECEIPT OF DEPARTMENT REPORT REGARDING THE PINK SHRIMP TRAWL FISHERY OFF NORTHERN CALIFORNIA.

    Received report; no public testimony.

  8. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 120.7, TITLE 14, CCR, REGARDING CHANGING THE DAYS OF THE WEEK TO HARVEST SEA URCHINS AND THE LOTTERY DATE. (Note: The discussion hearing is scheduled for March 7, 2008, in Stockton.)

    Approved; no public testimony.

  9. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 122, 125, 149.1, 150, 150.02, 150.03, 150.05, 163, 163.5, 164, 174, AND 180.3; ADD SECTION 124.1, TITLE 14, CCR, RE: COMMERCIAL FISHING PERMIT RENEWAL PROVISIONS.

    Approved; no public testimony.

  10. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 503, TITLE 14, CCR, RE: CROP DAMAGE AND NUISANCE CANADA GEESE.

    Item withdrawn to be tabled for further analysis; no public testimony.

  11. RECEIPT OF ANNUAL REPORTS RE: CAMP ROBERTS, CAMP PENDLETON, AND FORT HUNTER LIGGETT DEER AND ELK HUNTS, UNDER SECTION 640, TITLE 14, CCR, MANAGEMENT OF FISH AND WILDLIFE ON MILITARY LANDS.

    Approved; no public testimony.

  12. RECEIPT OF RENEWAL REQUEST FROM THE CULTURED ABALONE TO LEASE KELP BED NO. 27, SANTA BARBARA COUNTY, FOR THE NEXT FIVE YEAR TERM.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

    A joint meeting with the Commission and the Blue Ribbon Task Force will be held in Pacifica on February 13, 2008; next Commission meeting will be held in Stockton on March 6 - 7, 2008 and the April 10 - 11, 2008, Commission meeting will be held in Bodega Bay; a Commission teleconference meeting will take place in Sacramento on April 15, 2008, to adopt ocean salmon regulations.