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August 22-23, 2018 Meeting

Commissioners

Eric Sklar, President

Saint Helena

Anthony C. Williams, Vice President

Huntington Beach

Jacque Hostler-Carmesin, Member

McKinleyville

Russell E. Burns, Member

Napa

Peter S. Silva, Member

Jamul

STATE OF CALIFORNIA

Edmund G. Brown Jr., Governor

California Fish & Game Commission

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Wildlife Heritage and Conservation

Since 1870

Live stream on Aug 22-23, 2018 at 8:30am

Valerie Termini, Executive Director

P.O. Box 944209

Sacramento, CA 94244-2090

(916) 653-4899

fgc@fgc.ca.gov

www.fgc.ca.gov

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MEETING AGENDA

Aug 22-23, 2018

 

River Lodge Conference Center

1800 Riverwalk Drive

Fortuna, Ca 95540

 

 

NOTE: See important meeting deadlines and procedures at the end of the agenda. Unless otherwise indicated, the California Department of Fish and Wildlife is identified as Department.

Agenda Item 18, Strategic Planning, will be in a workshop format at the end of the first day (August 22). The item will begin at 3:00 p.m. or 30 minutes after the last agenda item heard that day, whichever is later.

Under Agenda Item 26, proposed regulation changes for sport fishing report card requirements are for both marine and inland waters.

DAY 1 – AUGUST 22, 2018, 8:30 AM

Call to order/roll call to establish quorum

1. Consider approving agenda and order of items

2. Public comment for items not on agenda
Receive public comment regarding topics within the Commission’s authority that are not
included on the agenda. The Commission may not discuss or take action on any matter raised
during this item, except to decide whether to place the matter on the agenda of a future
meeting. (Sections 11125 and 11125.7(a), Government Code)

CONSENT ITEMS
3. Rockport Rocks Special Closure
Consider adopting regulations to repeal Rockport Rocks Special Closure.
(Subsection 632(b)(17), Title 14, CCR)

 4. Tribal take in marine protected areas
Consider adopting the California Environmental Quality Act negative declaration and
changes to regulations concerning tribal take in six marine protected areas.
(Subsections 632(b)(33), 632(b)(34), 632(b)(97), 632(b)(98), 632(b)(112) and
632(b)(117), Title 14, CCR)

 5. Meeting dates and locations for 2019
Consider adopting proposed meeting dates and locations for 2019.

 6. Groundfish
Consider authorizing publication of notice of intent to amend recreational and
commercial fishing regulations for federal groundfish and associated species for
consistency with federal rules for 2019 and 2020.
(Sections 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10 and 150.16, Title 14,
CCR)

 7. KNOCEAN Sciences, Inc. Administrative Kelp Bed 3 lease area
Consider approving a request from KNOCEAN Sciences, Inc. to authorize use of its
Administrative Kelp Bed 3 lease area for purposes of third party research as permitted
through a scientific collecting permit issued by the Department.

 8. Executive Director’s report
Receive update from the Executive Director on staff and legislative information of note.

(A) Staff report

(B) Legislative report, federal regulatory notices, and possible action

9. Marine Resources Committee
Discuss updates and/or recommendations from the July 17, 2018 committee meeting.
Consider approving new topics to address at a future committee meeting.

(A) July 17, 2018 meeting summary

I. Receive and consider adopting recommendations

(B) Work plan development

I. Update on work plan and draft timeline

II. Discuss and consider approving new topics

 10. Santa Barbara Sea Ranch state water bottom lease application
Determine whether a new state water bottom lease to Santa Barbara Sea Ranch for shellfish aquaculture offshore Santa Barbara would be in the public interest (lease application will be scheduled for consideration at a later date). (Pursuant to Section 15400, Fish and Game Code)

 11. Tribal Committee State logbook requirements for federally-managed fisheries
Consider authorizing publication of notice of intent to amend state logbook regulations for federally-managed harpoon, drift gill net, and trawl fisheries. (Subsections 107(c) through (h), subsection 174(f), and Section 176, Title 14, CCR)

12. Red abalone
Consider authorizing publication of notice of intent to amend regulations to extend the fishery closure sunset date for the recreational abalone fishery. (Section 29.15, Title 14, CCR)

13. Red abalone fishery management plan
Receive update from the Department on development of a red abalone fishery management plan.

14. Marine protected areas monitoring
Receive draft “Action Plan [for] Marine Protected Area Monitoring” and a presentation from the Department.

15. Marine items of interest from previous meetings
These items are generally updates on agenda topics recently heard before the Commission.

(A) Desalination projects and California’s marine protected areas

(B) Domoic acid levels in razor clam in Humboldt and Del Norte counties

16. Departmental informational items (marine)
The Department will highlight marine items of note since the last Commission meeting.

(A) Director’s report

(B) Law Enforcement Division

(C) Marine Region

17. Strategic planning
This agenda item will be held in a workshop format, where commissioners and members of the public can engage in dialogue about the Commission’s strategic plan. The item will begin at 3:00 p.m. or 30 minutes after the last agenda item heard today, whichever is later.

(A) Discuss and make recommendations for potential core values

(B) Discuss and make recommendations for the mission and vision statements

(C) Discuss next steps in the planning process

Recess

DAY 2 –AUGUST 23, 2018, 8:30 AM

Call to order/roll call to establish quorum

 18. Public comment for items not on agenda
Public comment for items not on agenda Receive public comment regarding topics within the Commission’s authority that are not included on the agenda. The Commission may not discuss or take action on any matter raised during this item, except to decide whether to place the matter on the agenda of a future meeting. (Sections 11125 and 11125.7(a), Government Code)

CONSENT ITEMS
 19. Coast yellow leptosiphon
Consider ratifying findings for the decision to list coast yellow leptosiphon (Leptosiphon croceus) as an endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2075.5, Fish and Game Code)

 20. Lassics lupine
Consider ratifying findings for the decision to list Lassics lupine (Lupinus constancei) as an endangered species under CESA. (Pursuant to Section 2075.5, Fish and Game Code)

 21. Tricolored blackbird
Consider ratifying findings for the decision to list tricolored blackbird (Agelaius tricolor) as a threatened species under CESA. (Pursuant to Section 2075.5, Fish and Game Code)

22. Tribal Committee
Discuss and consider approving draft agenda topics for the next committee meeting. Consider approving new topics to address at a future committee meeting.

(A) Work plan development

I. Update on work plan and draft timeline

II. Discuss and consider approving new topics

23. Wildlife Resources Committee
Discuss and consider approving draft agenda topics for the next committee meeting. Consider approving new topics to address at a future committee meeting.

(A) Work plan development

I. Update on work plan and draft timeline

II. Discuss and consider approving new topics

 24. Sage grouse preference points and draw
Consider adopting the California Environmental Quality Act negative declaration and proposed regulations concerning sage grouse preferential points and draw. 5 (Section 71, and amend subsections 300(a)(1)(D)5., 300(a)(1)(D)6., 300(a)(2)(D)3., and 300(a)(3)(F)3., Title 14, CCR)

25. Sport fishing (annual)
Consider authorizing publication of notice of intent to amend regulations concerning sport fishing report card requirements for marine and inland waters, to clarify that inland waters do not include bays, to increase fishing opportunities for black bass in Perris Lake, and to make needed corrections to authority and reference citations. Note: Proposed regulations for sport fishing report card requirements are for both marine and inland waters. (Sections 1.53, 1.74 and 5.00, Title 14, CCR)

 26. Humboldt marten
Consider and potentially act on the petition, Department’s evaluation report, and comments received to determine whether listing Humboldt marten (Martes caurina humboldtensis) as an endangered or threatened species under CESA is warranted. (Pursuant to sections 2075 and 2075.5, Fish and Game Code) Note: Findings will be adopted at a future meeting

 27. Wildlife and inland fisheries petitions for regulation change
Consider requests submitted by members of the public to adopt, amend, or repeal a regulation. (Pursuant to Section 662, Title 14, CCR)

(A) Action on current petitions

I. Petition #2018-005: Allow bicycle riding in the Napa-Sonoma Marshes Wildlife Area on the levee trails surrounding Pond 8 and adjacent to Milton Road

II. Petition #2018-008: Establish special fishing regulations for the waters of Rush Creek (Mono County), from the outlet of Silver Lake downstream to Grant Lake

(B) Action on pending regulation petitions referred to staff and the Department for review – None scheduled

 28. Department informational items (wildlife and inland fisheries)
The Department will highlight wildlife and inland fisheries items of note since the last Commission meeting.

(A) Director’s report

I. Update on tricolored blackbird population estimates and progress with safe harbor agreements

(B) Wildlife and Fisheries Division, and Ecosystem Conservation Division

I. Update on efforts to eradicate nutria in California

 29. Commission administrative items
Discuss and consider action on the upcoming meeting agenda items and rulemaking timetable, and identify any new business for discussion at a future meeting.

(A) Next meeting – October 17-18, 2018 in Fresno

(B) Rulemaking timetable updates

I. Deer/elk tag validation

(C) New business

Adjourn

EXECUTIVE SESSION (Not Open to Public)

At a convenient time during the regular agenda of the meeting listed above, the Commission will recess from the public portion of the agenda and conduct a closed session on the agenda items below. The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Section 11126, subdivisions (a)(1), (c)(3), and (e)(1), and Fish and Game Code Section 309. After closed session, the Commission will reconvene in public session, which may include announcements about acts taken during closed session.

(A) Pending litigation to which the Commission is a Party

I. Keith Robert Walker v. Kamala Harris et al. (suction dredging)

II. Dennis Sturgell v. California Fish and Game Commission, California Department of Fish and Wildlife, and Office of Administrative Hearings (revocation of Dungeness crab vessel permit No. CT0544-T1)

III. Kele Young v. California Fish and Game Commission, et al. (restricted species inspection fee waiver)

IV. California Cattlemen’s Association and California Farm Bureau Federation v. California Fish and Game Commission (gray wolf listing)

V. Tri-State Crab Producers Assoc. v. California Department of Fish and Wildlife, California Fish and Game Commission (Dungeness Crab “Fair Start” provision in Section 8279.1 of the Fish and Game Code)

VI. Public Interest Coalition v. California Fish and Game Commission (CEQA compliance during adoption of dog collar regulation)

VII. Pacific Star Sportfishing, Inc. v. California Fish and Game Commission, et al. (suspension of commercial vessel fishing permit)

VIII. Aaron Lance Newman v. California Fish and Game Commission (revocation of hunting and sport fishing privileges)

(B) Possible litigation involving the Commission

(C) Staffing

(D) Deliberation and action on license and permit items

I. Consider the appeal filed by Mr. Meo Nguyen regarding the Department’s denial of a request to transfer a Dungeness crab vessel permit

II. Consider the appeal filed by Mr. Meo Nguyen regarding the Department’s denial of a request to transfer a salmon vessel permit.

III. Consider the Proposed Decision In the Matter of the appeal filed by Mr. Rudi Stolt.

CALIFORNIA FISH AND GAME COMMISSION 2018 MEETING SCHEDULE 

Note: As meeting dates and locations can change, please visit www.fgc.ca.gov for the most current list of meeting dates and locations.

Meeting Date

Commission Meeting

Committee Meeting

Other Meetings

September 20

Wildlife Resources 
Resources Building Auditorium First Floor 1416 Ninth Street
Sacramento, CA 95814

October 16

Tribal 
Radisson Fresno Conference Center 1055 Van Ness Avenue
Fresno, CA 93721

October 17-18

Radisson Fresno Conference Center 1055 Van Ness Avenue
Fresno, CA 93721

November 14

Marine Resources 
Resources Building Auditorium First Floor
1416 Ninth Street
Sacramento, CA 95814

December 12-13

QLN Conference Center
1938 Avenida del Oro Oceanside, CA 92056

OTHER 2018 MEETINGS OF INTEREST 

Association of Fish and Wildlife Agencies

  • September 9-12, Tampa, FL

Pacific Fishery Management Council

  • September 5-12, Seattle, WA
  • November 1-8, San Diego, CA

Pacific Flyway Council

  • September 28, Flaggstaff, AZ

Wildlife Conservation Board

  • August 30, Sacramento, CA
  • November 15, Sacramento, CA

IMPORTANT COMMISSION MEETING PROCEDURES INFORMATION

WELCOME TO A MEETING OF THE CALIFORNIA FISH AND GAME COMMISSION
This is the 149th year of operation of the Commission in partnership with the California Department of Fish and Wildlife. Our goal is the preservation of our heritage and conservation of our natural resources through informed decision making; Commission meetings are vital in achieving that goal. In that spirit, we provide the following information to be as effective and efficient toward that end. Welcome and please let us know if you have any questions.

PERSONS WITH DISABILITIES Persons with disabilities needing reasonable accommodation to participate in public meetings or other Commission activities are invited to contact the Reasonable Accommodation Coordinator at (916) 651-1214. Requests for facility and/or meeting accessibility should be received at least 10 working days prior to the meeting to ensure the request can be accommodated.

STAY INFORMED To receive meeting agendas and regulatory notices about those subjects of interest to you, please visit the Commission’s website, www.fgc.ca.gov, to sign up on our electronic mailing lists.

SUBMITTING WRITTEN COMMENTS The public is encouraged to comment on any agenda item. Submit written comments by one of the following methods: E-mail to fgc@fgc.ca.gov; mail to California Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244-2090; deliver to California Fish and Game Commission, 1416 Ninth Street, Room 1320, Sacramento, CA 95814; or hand-deliver to a Commission meeting. Materials provided to the Commission may be made available to the general public.

COMMENT DEADLINES The Written Comment Deadline for this meeting is 5:00 p.m. on June 7, 2018. Written comments received at the Commission office by this deadline will be made available to Commissioners prior to the meeting. The Late Comment Deadline for this meeting is noon on June 15, 2018. Comments received by this deadline will be marked “late” and made available to Commissioners at the meeting. After these deadlines, written comments may be delivered in person to the meeting – Please bring ten (10) copies of written comments to the meeting.

NON-REGULATORY REQUESTS All non-regulatory requests will follow a two-meeting cycle to ensure proper review and thorough consideration of each item. All requests submitted by the Late Comment Deadline (or heard during public comment at the meeting) will be scheduled for receipt at this meeting, and scheduled for consideration at the next business meeting.

PETITIONS FOR REGULATION CHANGE Any person requesting that the Commission adopt, amend, or repeal a regulation must complete and submit form FGC 1, titled, “Petition to the California Fish and Game Commission for Regulation Change” (as required by Section 662, Title 14, CCR). The form is available at 12 http://www.fgc.ca.gov/public/information/petitionforregulatorychange.aspx. To be received by the Commission at this meeting, petition forms must have been delivered by the Late Comment Deadline (or delivered during public comment at the meeting). Petitions received at this meeting will be scheduled for consideration at the next business meeting, unless the petition is rejected under staff review pursuant to subsection 662(b), Title 14, CCR.

VISUAL PRESENTATIONS/MATERIALS All electronic presentations must be submitted by the Late Comment Deadline and approved by the Commission executive director before the meeting.

1. Electronic presentations must be provided by email to fgc@fgc.ca.gov.

2. All electronic formats must be Windows PC compatible.

3. It is recommended that a print copy of any electronic presentation be submitted in case of technical difficulties.

4. A data projector, laptop and presentation mouse will be available for use at the meeting.

CONSENT CALENDAR A summary of all items will be available for review at the meeting. Items on the consent calendar are generally non-controversial items for which no opposition has been received and will be voted upon under single action without discussion. Any item may be removed from the consent calendar by the Commission upon request of a Commissioner, the Department, or member of the public who wishes to speak to that item, to allow for discussion and separate action.

LASER POINTERS may only be used by a speaker during a presentation; use at any other time may result in arrest.

SPEAKING AT THE MEETING To speak on an agenda item, please complete a “Speaker Card” and give it to the designated staff member before the agenda item is announced. Cards will be available near the entrance of the meeting room. Only one speaker card is necessary for speaking to multiple items.

1. Speakers will be called in groups; please line up when your name is called.

2. When addressing the Commission, give your name and the name of any organization you represent, and provide your comments on the item under consideration.

3. If there are several speakers with the same concerns, please appoint a spokesperson and avoid repetitive testimony.

4. The presiding commissioner will allot between one and three minutes per speaker per agenda item, subject to the following exceptions:

a. The presiding commissioner may allow up to five minutes to an individual speaker if a minimum of three individuals who are present when the agenda item is called have ceded their time to the designated spokesperson, and the individuals ceding time forfeit their right to speak to the agenda item.

b. Individuals may receive advance approval for additional time to speak if requests for additional time to speak are received by email or delivery to the Commission office by the Late Comment Deadline. The president or designee will approve or deny the request no later than 5:00 p.m. two days prior to the meeting.

c. An individual requiring an interpreter is entitled to at least twice the allotted time pursuant to Government Code Section 11125.7(c).

d. An individual may receive additional time to speak to an agenda item at the request of any commissioner.

5. If you are presenting handouts/written material to the Commission at the meeting, please provide ten (10) copies to the designated staff member just prior to speaking.

For any questions or comments regarding the audio or video please email urgentservices@tkoworks.com