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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

CFG_clear

Wildlife Heritage and Conservation

Since 1870

Valerie Termini, Executive Director

P.O. Box 944209

Sacramento, CA 94244-2090

(916) 653-4899

fgc@fgc.ca.gov

www.fgc.ca.gov

Audio Only

MEETING AGENDA

June 20-21, 2018

 

Natural Resources Building – Auditorium, First Floor

1416 Ninth Street, Sacramento, CA 95814

 

 

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.

DAY 1 – JUNE 20, 2018, 8:30 AM

Call to order/roll call to establish quorum

1. Consider approving agenda and order of items

Motion and Vote for Item 1

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, 11125.7(a), Government Code)

CONSENT ITEMS
3. White Seabass Fishery Management Plan
Receive the Department’s White Seabass Fishery Management Plan 2016-2017 Annual Review. (Pursuant to Section 5.9, White Seabass Fishery Management Plan)

4. Kelp bed lease renewal offshore San Diego
Consider approving request from KNOCEAN Sciences, Inc. to renew the company’s lease for Kelp Bed No. 3 for exclusive privilege to harvest kelp, for a period of five years. (Pursuant to subsection 165.5(i), Title 14, CCR)

5. Kelp harvest plan for mechanical harvest offshore San Diego
Receive and consider approving KNOCEAN Sciences, Inc.’s five-year kelp harvest plan required for mechanical harvest of kelp. (Pursuant to subsection 165(c)(6), Title 14, CCR)

Motion and Vote for Consent Items 3-5

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

(A) Staff report

(B) Legislative update and possible action

Motion and Vote for Item 6B

7. Strategic planning
Receive update on the strategic planning effort underway.

(A) Process update

(B) Review mission and vision statements

(C) Discuss potential core values

8. Prosecutor of the Year award
Announce recipient of the Commission’s annual Prosecutor of the Year award.

9. Tribal Committee
Discuss updates and/or recommendations from the Tribal Committee (TC). Consider approving new topics for TC to address at a future meeting.

(A) June 19, 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

(C) Consider adopting the co-management vision statement

Motion and Vote for Item 9

10. Marine Resources Committee
Discuss and approve draft agenda topics for the next Marine Resources Committee (MRC) meeting. Consider approving new topics for MRC to address at a future meeting.

(A) Work plan development

I. Update on work plan and draft timeline

II. Discuss and consider approving new topics

Motion and Vote for Item 10

11. Commercial non-Cancer crab incidental take allowances
Consider authorizing publication of notice of intent to add regulations specifying incidental take allowances for crabs other than the genus Cancer in commercial trap fisheries, following emerging fisheries determination pursuant to Section 7090, Fish and Game Code.
(Section 126.1, subsection 125.1(c)(3), and Section 126; Title 14, CCR)

Motion and Vote for Item 11

12. Tribal take in marine protected areas
Discuss proposed 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)

13. Rockport Rocks Special Closure
Discuss repealing regulations concerning Rockport Rocks Special Closure.
(Subsection 632(b)(17), Title 14, CCR)

14. Ocean salmon auto-conformance
Update on automatic conformance of state ocean salmon recreational fishing regulations to federal regulations. (Pursuant to Section 1.95, Title 14, CCR)

15. Meeting dates and locations for 2019
Receive and discuss proposed meeting dates and locations for January through December of 2019.

16. Marine Life Management Act Master Plan
Consider adopting the “2018 Master Plan for Fisheries: A Guide for Implementation of the Marine Life Management Act”.

Motion and Vote for Item 16

17. Ocean litter prevention strategy
Receive and consider endorsing the California Ocean Protection Council’s “2018 California Ocean Litter Prevention Strategy”.

Motion and Vote for Item 17

18. Tijuana River and Tijuana Estuary
Informational presentation from the California State Coastal Conservancy regarding cross-border pollution challenges and actions in the Tijuana River and Tijuana Estuary.

19. Marine petitions for regulation change
Consider petitions for regulation change 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 for regulation change

I. Petition #2018-004: Consider authorizing an experimental, small-scale, commercial squid fishery and harvest quota north of Point Arena for a five year period

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

Motion and Vote for Item 19

20. Marine non-regulatory requests
Consider requests for non-regulatory action.

(A) Action on current requests

(B) Action on pending requests referred to staff and the Department for review

21. Department 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

I. Update on red abalone fishery management plan timing and fishery closure sunset date

II. Update on sheephead fillet length study

Recess

DAY 2 – JUNE 21, 2018, 8:30 AM

Call to order/roll call to establish quorum

22. 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, 11125.7(a), Government Code)

CONSENT ITEMS
23. Duck Stamp projects
Consider approving proposed Duck Stamp projects for Fiscal Year 2018-19.
(Pursuant to Section 3702, Fish and Game Code)

24. Initial private lands wildlife habitat enhancement and management area (PLM) license and plan
Consider approving initial PLM plan and 2018-2023 license for:
(Pursuant to Section 601, Title 14, CCR)

(A) Lassen County

I. Observation Peak Ranch

25. Five-year PLM plans
Consider approving five-year PLM plans and 2018-2023 licenses for:
(Pursuant to Section 601, Title 14, CCR)

(A) Los Angeles County

I. Santa Catalina Island

(B) Modoc County

I. Basin View Ranch

II. SL Ranch

(C) Monterey County

I. Alexander Ranch

II. Hartnell Ranch

(D) Monterey County/San Benito County

I. Morisoli Ranch

(E) San Bernardino County

I. Big Morongo Springs Ranch

(F) San Luis Obispo County

I. Carrizo Ranch

(G) Shasta County

I. Black Ranch

II. Hathaway Oak Run Ranch

(H) Yuba County

I. Sugarloaf-Bangor Ranch

26. Annual PLM plans
Consider approving annual PLM plans and 2018-2019 licenses for:
(Pursuant to Section 601, Title 14, CCR)

(A) Butte County

I. Deseret Farms – Ballard Unit

II. Deseret Farms – Wilson Unit

III. Llano Seco Rancho

IV. Soper-Wheeler

(B) Butte County/Tehama County

I. Rock Creek

(C) Calaveras County

I. Ordway Ranch

(D) Glenn County

I. Bird Haven Ranch

II. Spurlock Ranch

(E) Kern County/Los Angeles County

I. Tejon Ranch

(F) Lassen County

I. Ash Valley Ranch

II. Clarks Valley Ranch

III. Dixie Valley Ranch

IV. Five Dot Ranch – Avila

V. Five Dot Ranch – Horse Lake

VI. Five Dot Ranch – School Section

VII. Five Dot Ranch – Tunnel Springs

VIII. Five Dot Ranch – Willow Creek

IX. Kramer Ranch PLM

X. Mendiboure Cold Springs Ranch

XI. Mendiboure Ranch

XII. Red Rock Ranch

XIII. Walton Homestead Family, LLC

(G) Mendocino County

I. Ackerman-South Daugherty WMA

II. Capistran Ranch

III. R-R Ranch

IV. Schneider Ranch

(H) Modoc County

I. Lookout Ranch

(I) Monterey County

I. Bardin Ranch

II. Sky Rose Ranch, LLC

(J) Shasta County

I. Clover Creek Ranch Plm

II. JS Ranch

III. Rickert Ranch

IV. Triple B Ranch

(K) Siskiyou County

I. Long Prairie Farms

II. Pondosa

III. Red Rock Valley Farms

(L) Tehama County

I. Big Bluff Ranch

II. Corning Land and Cattle Company

III. El Rancho Rio Frio

IV. Little Dry Creek Ranch

V. Salt Creek Ranch

27. Foothill yellow-legged frog
Receive the Department’s request for a six-month extension of time to submit its status review report on the petition to list foothill yellow-legged frog (Rana boylii) as an endangered or threatened species under the California Engandered Species Act (CESA).
(Pursuant to Section 2074.6, Fish and Game Code)

28. Humboldt marten
Receive the Department’s one-year status review report on the petition to list Humboldt marten (Martes caurina humboldtensis) as an endangered species under CESA. (Pursuant to Section 2075, Fish and Game Code)

Motion and Vote for Consent Items 23-28

29. Wildlife Resources Committee
Discuss any updates from the Wildlife Resources Committee (WRC).
Consider approving new topics for WRC to address at a future meeting.

(A) Work plan development

I. Update on work plan and draft timeline

II. Discuss and consider approving new topics

30. Sage grouse preference points and draw
Discuss proposed regulations concerning sage grouse preferential points and draw.
(Section 716; 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)

31. Resident upland game bird
Consider adopting proposed changes to resident upland game bird hunting regulations. (Subsection 300(a)(1)(D)4.; Title 14, CCR)

Motion and Vote for Item 31

32. Chronic wasting disease
Department presentation on chronic wasting disease in cervids.

33. 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 for regulation change

I. Petition #2018-002: Consider preference points on elk type, eliminate “either-sex designation,” and require tags based on gender

II. Petition #2018-003: Consider including Big Sandy Wildlife Area as an area for training hunting dogs

Motion and Vote for Item 33A

(B) Action on pending regulation petitions referred to staff and the Department for review

I. Petition #2015-008: Consider repealing hunting of American badger and gray fox

II. Petition #2017-012: Consider increasing bag limit and reducing size limit for striped bass in rivers and ocean waters south of the Golden Gate Bridge

Motion and Vote for Item 33B

34. Wildlife and inland fisheries non-regulatory requests
Consider requests for non-regulatory action.

(A) Action on current requests

(B) Action on pending requests referred to staff and the Department for review

Motion and Vote for Item 34

35. 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

36. Commission administrative items
Discuss and consider action on the upcoming meeting agenda items and rulemaking timetable.

(A) Next meeting – August 22-23, 2018 in Fortuna

Motion and Vote for Item 36A

(B) Rulemaking timetable updates

Motion and Vote for Item 36B

(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. Center for Biological Diversity and Project Coyote/Earth Island Institute v. California Fish and Game Commission and California Department of Fish and Wildlife (trapping fees)

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

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

(B) Possible litigation involving the Commission

(C) Staffing

(D) Deliberation and action on license and permit items

I. Consider the Proposed Decision In the Matter of the Accusation Against Aaron Lance Newman.

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

Western Association of Fish and Wildlife Agencies

  • July 12-17, Eugene, OR

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

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