Vice President Flores questioned if any funding for the
Department or Commission was included in the legislation, as mandates have come
from the Legislature for years with no funding sources for implementation.
Ms. Fox responded that the trappers have already agreed to a
higher license fee which would cover any costs associated with the regulation of
the industry. She noted that the Department already has a regulatory package
which would not require any additional work.
Executive Director Treanor clarified that the Department did
have a regulatory package, but did not have a completed Environmental Document,
as there is no staff or money to revise this.
Chief Deputy Director Stein emphasized that the Department is in
a tremendous budget crisis as there has been no funding from the Legislature to
accompany all of the new mandates over the years.
Commissioner Rogers commented that it is unfair to suggest that
the Department and Commission are not taking threats to resources sincerely,
especially when there is no money or staff to address the serious concerns that
Deputy Director Mastrup indicated that the Department is willing
to work the author of AB 87.
Betty Winholtz requested clarification on the Commissionís
action on the petition to address a limited waterfowl season and area in Morro
Bay, outside of the regulatory process.
Commissioner Gustafson asked staff how often the Commission had
adopted regulations outside of the normal regulatory cycle.
Executive Director Treanor indicated that it had been done on an
extremely rare basis and only for issues of special concern, and never for
waterfowl regulations. He explained that the Commissioners did not indicate that
they had any questions or concerns, and did not make a motion to take a vote
therefore, that was an expression of their unwillingness to address the requests
in the petition.
Deputy Attorney General Cunningham added that the regulatory
process adheres to a predetermined timeline often involving CEQA requirements.
Commissioner Gustafson commented that this would be a dangerous
precedent to set as there does not seem to be an emergency situation calling for
regulations to be adopted outside of the normal process. She emphasized her
belief that the public had been adequately heard by the Commission regarding
It was then moved by Commissioner Flores, and seconded by
Commissioner Gustafson, that the Commission deny the proposed regulations as
requested by the "petition" submitted by Ms. Davis. Motion passed
unanimously by roll call vote.