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October 17, 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

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

OCTOBER 17, 2018, 8:30AM

 

Radisson Fresno Conference Center

1055 Van Ness Avenue, Fresno, CA 93721

 

 

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.

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)

 3. Acting executive director’s report
Receive an update from the Commission’s acting executive director on staffing and legislative information of note.

(A) Staff report

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

Item 3 (Continued)
Motion on Item 3

 4. Tribal Committee
Discuss updates and/or recommendations from the October 16, 2018 committee meeting. Consider approving new topics to address at a future committee meeting.

(A) October 16, 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

Motion on Item 4

5. Marine 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

Motion on Item 5

  6. Recreational take of purple sea urchin (regular rulemaking) Consider authorizing publication of notice of intent to amend regulations for the recreational take of purple sea urchin. (Add Section 29.06, Title 14, CCR)
Motion on Item 6

  7. Incidental take allowances for crabs
Discuss and consider adopting proposed regulations concerning incidental take allowances for crabs, other than genus Cancer, in trap fisheries. (Subsection 125.1(c)(3), Section 126, and Section 126.1, Title 14, CCR)
Motion on Item 7

 8. Recreational and commercial groundfish
Discuss proposed changes to 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)

 9. Recreational take of red abalone
Discuss proposed changes to regulations to extend the fishery closure sunset date for the recreational abalone fishery. (Section 29.15, Title 14, CCR)

 10. Statewide marine protected areas monitoring action plan
Consider adopting the statewide marine protected areas monitoring action plan.
Motion on 10

 11. Red Abalone Fishery Management Plan
Receive presentation from the California Ocean Science Trust, discuss peer review results for the draft Red Abalone Fishery Management Plan, and discuss next steps. (Pursuant to Section 7072 et seq., Fish and Game Code)
Motion on Item 11

 12. Box crab experimental gear permit
Receive and discuss proposed box crab experimental gear permit (EGP) program, EGP participation criteria, and permit conditions. (Pursuant to Fish and Game Code Section 8606)

 13. Marine non-regulatory requests from previous meetings
Consider non-regulatory requests submitted by members of the public at previous meetings.

(A) Action on non-regulatory requests

I. Request to explore potential abalone/urchin impacts resulting from proposed expansion of Wheeler North Reef

II. Request to issue north coast market squid research permits

III. Request to review regulations and policies for harvesting giant keyhole limpets

IV. Recommendation to separate the Commission into two bodies

(B) Action on pending non-regulatory requests referred to staff or the Department for review – None scheduled

Motion on Item 13

 14. Petitions for regulation change (marine and wildlife/inland fisheries)
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 #2018-010 AM 1: Convert non-transferable commercial nearshore permits to transferable permits

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

I. Petition #2015-014: Mendocino, Sonoma and Marin counties’ coastal streams

II. Petition #2015-015: Russian River fishing regulations and minimum flow requirements

Motion on Item 14
Re-read of Motion on Item 14

15. 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. State Water Resources Control Board Phase 1 – Bay Delta Plan and Department involvement

(B) Law Enforcement Division

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

I. Update on efforts to eradicate nutria in California

(D) Marine Region

 16. Strategic planning
Discuss and consider action on proposed mission, vision and core values, and discuss next steps in the strategic planning process.

CONSENT ITEMS

17. California sheephead

Consider authorizing publication of notice of intent to amend regulations concerning the filleting of California sheephead on vessels at sea. (Subsection 27.65(b), Title 14, CCR)

18. Recreational take of purple sea urchin (emergency)

Consider adopting a 90-day extension of the emergency regulations concerning recreational take of purple sea urchin. (Section 29.11, Title 14, CCR)

19. Lassics lupine and coast yellow leptosiphon

Consider adopting proposed changes to regulations to add Lassics lupine (Lupinus constancei) and coast yellow leptosiphon (Leptosiphon croceus) to the list of California plants declared to be endangered. (Section 670.2, Title 14, CCR)

20. Commercial use and possession of native rattlesnakes

Consider comments received on the June 11, 2018 15-day notice and adopt the regulations concerning the commercial use and possession of native rattlesnakes for biomedical and therapeutic purposes. (Sections 42, 43, 651, and 703, Title 14, CCR)

21. Cascades frog

Receive and consider approving Department request for a six-month extension to submit its status review report on the petition to list Cascades frog (Rana cascadae) as an endangered or threatened species under the California Endangered Species Act (CESA). (Pursuant to Section 2074.6, Fish and Game Code)

22. Upper Klamath-Trinity rivers spring Chinook salmon

(A) Receive a petition to list upper Klamath-Trinity rivers spring Chinook salmon (Oncorhynchus tshawytscha) as an endangered species under CESA. (Pursuant to Section 2073.3, Fish and Game Code, and Section 670.1(c), Title 14, CCR)

(B) Consider the Department’s request for a 30-day extension to review the petition to list upper Klamath-Trinity rivers spring Chinook salmon (Oncorhynchus tshawytscha) as an endangered species under CESA. (Pursuant to Section 2073.5, Fish and Game Code)

Motion on Consent Items (17-22)

 23. Wildlife Resources Committee
Discuss updates and recommendations from the September 20, 2018 committee meeting. Consider approving new topics to address at a future committee meeting.

(A) September 20, 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

Motion on Item 23

 24. Sport fishing (annual)
Discuss proposed changes to regulations concerning sport fishing report card requirements for marine and inland waters; clarification that inland waters do not include bays; an increase in fishing opportunities for black bass in Perris Lake; and 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)

 25. California Waterfowler’s Hall of Fame
Commission recognition of newly-inducted members of the California Waterfowler’s Hall of Fame.
Motion on Item 25

 26. Jerusalem Creek Ranch PLM
Consider revoking, suspending or reinstating the Jerusalem Creek Ranch Private Lands Wildlife Habitat Enhancement and Management Area License. (Pursuant to Section 601(e), Title 14, CCR)
Motion on Item 26

 27. Bullfrogs and Non-native Turtles
Receive an update on the stakeholder engagement plan and consider approving an updated timeline.
Motion on Item 27

 28. Wildlife and inland fisheries non-regulatory requests from previous meetings
Consider non-regulatory requests submitted by members of the public at previous meetings.

(A) Action on non-regulatory requests

I. Request to use non-lethal management strategies for beavers

II. Request to schedule approval of Cañada San Vicente Land Management Plan

III. Request to engage the Department in ensuring that water settlement agreements support salmon

(B) Action on pending non-regulatory requests referred to staff or the Department for reviews – None scheduled

Motion on Item 28

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 – December 12-13, 2018 in Oceanside

Motion on Item 29A and 29C

 (B) Potential meeting location changes

Motion on Item 29B

 (C) Rulemaking timetable updates

Motion on Item 29A and 29C

 (D) 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 Tyler Reese regarding the Department’s suspension of a trapping license.

II. Consider the appeal filed by Christopher Giannini regarding the Department’s suspension of a trapping license.

III. Consider the Proposed Decision In the matter of the appeal filed by Gregory Janis.

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.

2018

Meeting Date

Commission Meeting

Committee Meeting

Other Meetings

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

2019

Meeting Date

Commission Meeting

Committee Meeting

Other Meetings

January 10 

Wildlife Resources
Ontario

February 5 

Tribal
Redding

February 6-7 

Redding

March 19 

Marine Resources 
Monterey or Marina

April 17-18 

Fresno or Bakersfield 

May 16 

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

June 11 

Tribal 
Sacramento area

June 12-13 

Sacramento area 

July 11 

Marine Resources 
San Clemente

August 7-8 

Mammoth or Bishop

September 5 

Wildlife Resources
Santa Rosa

October 8 

Tribal 
Los Angeles area

October 9-10

Los Angeles area 

November 5 

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

December 11-12 

San Diego (proposed to move to Sacramento area)

OTHER 2019 MEETINGS OF INTEREST 

Association of Fish and Wildlife Agencies

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

Pacific Fishery Management Council

  • November 1-8, 2018, San Diego, CA 
  • 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 

Western Association of Fish and Wildlife Agencies

  • January 3-6, 2019, Tucson, AZ
  • July 11-16, 2019, Manhattan, KS

Wildlife Conservation Board

  • November 15, 2018, 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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