search instagram arrow-down

February 6, 2019 Meeting

Commissioners

Eric Sklar, President

Saint Helena

Vacant, Vice President

Jacque Hostler-Carmesin, Member

McKinleyville

Russell E. Burns, Member

Napa

Peter S. Silva, Member

Jamul

 STATE OF CALIFORNIA

Gavin Newsom,

California Fish & Game Commission

Wildlife Heritage and Conservation

Since 1870

Melissa Miller-Henson

Acting Executive Director

P.O. Box 944209

Sacramento, CA 94244-2090

(916) 653-4899

fgc@fgc.ca.gov

www.fgc.ca.gov

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

Call to order/roll call to establish quorum

  1.  Approving agenda and order of items
  2. Election of Commission president and vice president
    The commissioners annually elect one of their number as president and one as vice president, by a concurrent vote of at least three commissioners (Pursuant to Section 102, Fish and Game Code).

    Motion on Item 2
  3. Committee assignments
    The Commission forms three committees from its membership, consisting of at least one commissioner (Pursuant to sections 105, 106 and 106.5, Fish and Game Code).
    (A) Marine Resources Committee
    (B) Wildlife Resources Committee
    (C) Tribal Committee

    Motion on Item 3
  4. Recognition of former Commission Vice President
    Recognize former Vice President Anthony C. Williams for his commitment and service to the Commission.
    Item 4 (Continued) 
  5. General public comment for items not on agenda
    Receive public comment regarding topics within the Commission’s authority that are not included on the agenda.
    Note: 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 

  6. Northern California summer steelhead
    (A) Receive 90-day evaluation report from the Department for the petition to list northern California summer steelhead (Oncorhynchus mykiss irideus) as an endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2073.5, Fish and Game Code)
    (B) Consider approving request from petitioners to schedule candidacy hearing for northern California summer steelhead at the June 12-13, 2019 Commission meeting in Redding.(Pursuant to Section 2074, Fish and Game Code)
  7. Bumble bees
    Receive 90-day evaluation report from the Department for the petition to list Crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as endangered species under CESA.(Pursuant to Section 2073.5, Fish and Game Code) Commission staff will recommend that this item be continued to a future Commission meeting.
  8. Foothill yellow-legged frog
    Receive the Department’s one-year status review report on the petition to list foothill yellow-legged frog (Rana boylii) as a threatened species under CESA.(Pursuant to Section 2074.6, Fish and Game Code) The Department will recommend that this item be continued to a future Commission meeting.

    Motion on Consent Items
     
  9. Acting executive director’s report
    Receive an update from the acting executive director on staffing and legislative information.
    (A) Staff report
    (B) Legislative report and possible action
  10. Annual tribal planning meeting
    Report on the annual tribal planning meeting held pursuant to the Commission’s Tribal Consultation Policy.
  11. Tribal Committee
    Discuss updates and/or recommendations from the February 5, 2019 committee meeting. Consider approving new topics to address at a future committee meeting.
    (A) February 5, 2019 meeting summary
    I. Receive and consider adopting recommendations
    (B) Work plan development
    II. Update on work plan and draft timeline
    III. Discuss and consider approving new topics

    Motion on Item 11
  12. Wildlife Resources Committee
    Discuss updates and/or recommendations from the January 10, 2019 committee meeting. Consider approving new topics to address at a future committee meeting.
    (A) January 10, 2019 meeting summary
    I. Receive and consider adopting recommendations
    (B) Work plan development
    II. Update on work plan and draft timeline
    III. Discuss and consider approving new topics
  13. Statewide inland sport fishing revisions and simplification for 2020
    Discuss and consider endorsing a “menu” framework for the statewide inland sport fishing regulations revisions and simplification.

    Motion on Item 13
  14. Upland game bird
    Consider authorizing publication of notice of intent to amend upland game bird regulations. The Department will request that this item be removed from the rulemaking timetable.
  15. Mammal hunting
    Discuss proposed changes to mammal hunting regulations, including sheep/elk tag quotas, and deer/elk tag validation. (Sections 362, 364, 364.1 and 708.6, Title 14, CCR)
  16. Archery equipment and crossbow
    Discuss proposed changes to archery equipment and crossbow regulations, including bow draw weight, and possession of a firearm while bow hunting.(Section 354, Title 14, CCR)

    Motion on Item 16
  17. Waterfowl
    Discuss proposed changes to migratory waterfowl regulations and concurrence with federal regulations.(Sections 502 and 509, Title 14, CCR)

    Motion on Item 17
  18. Klamath River Basin sport fishing
    Discuss proposed changes to Klamath River Basin sport fishing regulations. (Subsection 7.50(b)(91.1), Title 14, CCR)
  19. Central Valley salmon sport fishing
    Discuss proposed changes to Central Valley salmon sport fishing regulations. (Subsections 7.50(b)(5), (68), (124) and (156.5), Title 14, CCR)
  20. Upper Klamath-Trinity river spring Chinook salmon
    (A) Consider the petition, Department’s evaluation report, and comments received to determine whether listing Upper Klamath-Trinity river spring Chinook salmon (Oncorhynchus tshawytscha) as an endangered or threatened species under the California Endangered Species Act (CESA) may be warranted. (Pursuant to Section 2074.2, Fish and Game Code)
    Note: If the Commission determines listing may be warranted, a one-year status review will commence before the final decision on listing is made.

    Motion on 20A
     

    (B) If the Commission determines that listing may be warranted, consider adopting emergency regulations related to Klamath River Basin sport fishing.

    Motion on 20B 

    Motion on 20B  (Continued)

  21. Petitions for regulation change
    Consider petitions 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 #2018-016: Hope Valley Wildlife Area
    II. Petition #2018-017: Fillet size for ocean whitefish
    (B) Action on pending regulation petitions referred to staff or the Department for review
    I. Petition #2018-014: Boat limits for finfish

    Motion on Item 21
  22. Non-regulatory requests
    Consider non-regulatory requests submitted by members of the public at previous meetings.
    (A) Action on current non-regulatory requests
    (B) Action on pending non-regulatory requests referred to staff or the Department for review – None scheduled at this time

    Motion on Item 22
     
  23. Departmental informational items
    The Department will highlight 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
    II. Annual report regarding necropsies on mountain lions taken under depredation permits
    (B) Law Enforcement Division
    (C) Wildlife and Fisheries Division, and Ecosystem Conservation DivisionI. Update on efforts to eradicate nutria in California
    (D) Marine Region
    I. Update on revised timeline for the draft Pacific herring fishery management plan
    II. Update on annual recreational ocean salmon and Pacific halibut regulations, automatic conformance to federal regulations, and outcomes of International Pacific Halibut Commission and Pacific Fishery Management Council activities
  24. Marine Resources Committee
    Receive update on previous committee meeting. Discuss and consider approving draft agenda topics for the next committee meeting. Consider approving new topics to address at a future committee meeting.
    (A) Update on November 14, 2018 meeting topics related to stakeholder engagement in fishery management plan development
    (B) Work plan development
    I. Update on work plan and draft timeline
    II. Discuss and consider approving new topics

    Motion on Item 24
  25. Recreational take of purple sea urchinConsider adopting proposed regulations concerning the recreational take of purple sea urchin. (Add Section 29.06, Title 14, CCR)

    Motion on Item 25
  26. California sheephead
    Consider adopting proposed changes to regulations concerning the filleting of California sheephead on vessels at sea.(Subsection 27.65(b), Title 14, CCR)

    Motion on Item 26
  27. Charles Friend Oyster Company State Water Bottom Lease No. M-430-04
    Consider approving the Department request to extend Charles Friend Oyster Company’s State Water Bottom Lease No. M-430-04 for a period of one year.
  28. Delayed opening and closure of fisheries due to human health risk
    Discuss action taken by the Department director to order the delay or closure of fisheries due to human health risk associated with elevated levels of domoic acid. (Pursuant to Section 5523, Fish and Game Code)
    (A) Delayed opening of the commercial Dungeness crab season from Patrick’s Point in Humboldt County north to the California/Oregon state line
  29. Commercial whaling in Japan
    Discuss Japan’s announcement that it will leave the International Whaling Commission and resume commercial whaling in July 2019, and potentially approve sending a letter to Japanese Prime Minister Shinzo Abe.
  30. Strategic planning
    Receive an update on and discuss next steps in the strategic planning process.
  31. 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 – April 17-18, 2019 in Santa Monica

    Motion on Item 31A
    (B) Rulemaking timetable updates

    Motion on Item 31B 

    (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 actions taken during closed session. 

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

I. 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)

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

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

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

V. 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 Agency Case No. 18ALJ10-FGC, the appeal filed by John Rosca regarding the Department’s suspension of a trapping license.

II. Consider Agency Case No. 17ALJ09-FGC, the appeal filed by Richard Zellers regarding the Department’s suspension of a trapping license.

III. Consider Agency Case No. 18ALJ12-FGC, the appeal filed by Larry Moore regarding the Department’s denial of a request to renew a deeper nearshore species fishery permit.

IV. Consider Agency Case No. 17ALJ15-FGC, the appeal filed by Salvatore Sardina regarding the Department’s denial of a request to renew a salmon vessel permit renewal.

V. Consider the Proposed Decision in Agency Case No. 17ALJ04-FGC, In the Matter of the Accusation against Adam Robert Salvatore Aliotti.

VI. Consider the Proposed Decision in Agency Case No. 17ALJ17-FGC, In the Matter of the Accusation against Alecia Dawn, Inc. 

CALIFORNIA FISH AND GAME COMMISSION 2019 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. In 2019, wildlife and inland fisheries items will be heard on the first day of Commission meetings, and marine items will be heard on the second day; administrative items will be heard on either day. 

Meeting Date

Commission Meeting

Committee Meeting

March 20

Marine Resources
Natural Resources Building Redwood Room, 14th Floor 1416 Ninth Street Sacramento, CA 95814

April 17-18 

City of Santa Monica
Civic Auditorium East Wing 1855 Main Street Santa Monica, CA 90403

May 16 

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

May 16 

Teleconference –
Arcata, Fairfield, Sacramento, San Diego

June 11 

Tribal 
Redding

June 12-13 

Redding

July 11 

Marine Resources
California Department of Parks and Recreation
Orange Coast District Office Training Room
3030 Avenida del Presidente
San Clemente, CA 92672

August 7-8 

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

September 5 

Wildlife Resources
Justice Joseph A. Rattigan State Building Conference Rm 410 (4th Floor) 50 D Street
Santa Rosa, CA 95404

October 8 

Tribal
San Diego

October 9-10

San Diego

November 5 

Marine Resources
Natural Resources Building 12th Floor Conference Room 1416 Ninth Street, Room 1206 Sacramento, CA 95814 

December 11-12 

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

OTHER 2019 MEETINGS OF INTEREST 

Association of Fish and Wildlife Agencies

  • September 22-25, 2019, Saint Paul, MN

Pacific Fishery Management Council 

  • March 5-12, 2019, Vancouver, WA
  • April 9-16, 2019, Rohnert Park, CA 
  • June 18-25, 2019, San Diego, CA 
  • September 11-18, 2019, Boise, ID
  • November 13-20, 2019, Costa Mesa, CA 

Pacific Flyway Council

  • March 5, Denver, CO
  • August 23, TBD

Western Association of Fish and Wildlife Agencies

  • July 11-16, 2019, Manhattan, KS

Wildlife Conservation Board

  • March 7, Sacramento, CA
  • April 4, Sacramento, CA 
  • May 22, Sacramento, CA
  • August 28, Sacramento, CA
  • November 21, Sacramento, CA