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THE FISH AND GAME COMMISSION
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State of California

THE FISH AND GAME COMMISSION

 

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Meeting of
December 3, 2003 (Wednesday)
10:00 a.m.

State Personnel Board Auditorium
Room 150
801 Capitol Mall
Sacramento

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS
NOTE: Items may be heard on either day and in any order pursuant to the determination of the Commission President.
1.

PUBLIC FORUM - Any member of the public may address and/or ask questions of the Commission relating to the implementation of its policies or any other matter within the jurisdiction of the Commission. As a general rule, action cannot be taken on issues not listed on the agenda. Staff will normally be requested to follow up on such items at the discretion of the Commission.

Hal Cribbs thanked the Commission and Department for their receptivity in considering the request that the Commission take emergency action to close Putah Creek to all fishing to prevent the spread of the New Zealand mudsnail, and that the Department formulate a plan to eradicate the snail. He also recommended that the Commission request a waiver from Executive Order 2 for this regulatory action.

Gary Flanagan supported an emergency closure of Putah Creek for 120 days. He indicated that until now he has always felt safe in fishing in different waters throughout the state without the threat of transferring dangerous, invasive species.

Ken Davis indicated that he has been working with invasive species for 20 years and he summarized his findings of the New Zealand mudsnail in Putah Creek. He discussed the actions that are currently being taken to assess the situation and he explained the steps that should be taken in the very near future. He recommended an emergency closure of 120 days.

Dr. Ed Pert reported that the Department supported the recommendation to close this fishery for 120 days because it has the potential to successfully eradicate this snail.

Commissioner Kellogg praised California Trout and the Granite Bay Flyfishers for their aggressive actions to control this invasive species and he urged the Department to act quickly.

Commissioner Kellogg moved and Commissioner Hattoy seconded to consider emergency action to close fishing in Putah Creek, at the December 16, 2003, Commission meeting. Motion passed unanimously.

President Flores requested an update from the Department at the February Commission meeting.

Executive Director Treanor explained that this item will be added to the
December 16, 2003, Commission meeting. He noted that because it is a regulatory action, it will be affected by the provisions set forth in the Governor's Executive Order 2.

Commissioner Hattoy suggested that the public write letters to the Governor's Office urging an exemption from the Executive Order.

Brendan Hutchinson discussed the wild turkey removal project in Annandale State Park and indicated that he has been taking pictures in Sonoma County state parks for over 15 years. He explained that the turkeys moved into this area naturally about 10 years ago and in the last 3-4 years the population has been greatly reduced by predators, thus removal is unnecessary. He indicated that he observed the take of several turkeys in the State Park area by a man using a rifle and that there was no public warning that shooting would be taking place.

Brian Tibbetts opposed the turkey removal projects in state parks. He stated that the turkeys pose no threats to humans or the native habitat. He indicated that he hikes in these parks and enjoys seeing the wild turkeys and that he thinks these removal projects are just eradication plans.

Acting Director Mastrup explained that it is very apparent that State Parks do not want the wild turkeys. He indicated that he had spoken with Dr. Barrett who holds the permit to take up to 12 turkeys a month to examine food habits and parasites. He noted that these are legitimate questions for State Parks to ask.

President Flores asked how a permit could have been issued without bringing the request before the Commission.

Acting Director Mastrup responded that he is not sure how that happened, though it doesn't change the Department's position.

President Flores stated that he is concerned about the rifle activity in State Parks and that he does not think the take of over a hundred of turkeys is necessary to get the answers to those questions.

Commissioner Kellogg stated that the Commission must be informed of these activities, as it is the governing body. He indicated that he does not think that this removal project is necessary.

Commissioner Hattoy stated that it is unacceptable that the Commission was not informed of the permit request.

Commissioner Schuchat suggested that the Commission should to hear directly from the California Department of Parks and Recreation.

Commissioner Hattoy inquired about the offer made by the NWTF to relocate all of the turkeys on state park land at no cost to the state.

Acting Director Mastrup responded that the Department is still very interested in that offer.

President Flores requested that this matter be agendized for the Commission's February meeting.

Virginia Handley thanked the Commission for their quick action regarding Putah Creek and she apologized to the Commission for her testimony from the late August meeting. She provided handouts to the Commission regarding turtle populations in other states and how they are dealing with the problem. She encouraged the Commission to request an update from the Department on turtle populations in California.

Melvin de la Motte provided handouts to the Commission on a collaborative fish study of nearshore rockfish by Cal Poly in San Luis Obispo County. He requested that a discussion of this issue be added to the agenda item for the next Commission meeting. He summarized the handout and explained their request for at least five nearshore fishery regions with respective OYs.

Hugh Thomas supported Mr. de la Motte's request.

Bob Strickland asked the if there was an answer to his letter to the Department regarding the allocation of recreational fishery money to the commercial fishery. The Department indicated that it had not had time to respond to Mr. Strickland's letter.

Paul Weakland indicated that the black abalone fishery has been closed for ten years and that he has participated in another public meeting and would like to have answers to the public comments from the last three years and to have Appendix H. He provided a handout to the Commission from Marine Management News.

2.

COMMISSION STATUS REPORT ON IMPLEMENTATION OF ITS STRATEGIC PLAN.

No report.

3.

REQUEST FOR EMERGENCY ACTION TO CONSIDER CLARIFYING THE NEW BAY-DELTA SPORT FISHING ENHANCEMENT STAMP'S GEOGRAPHIC RANGE.

Received Department's recommendation; received public testimony. Commission approved Option 1 as amended to include the Consumes River.

4.

REQUEST OF SCIENTIFIC HATCHERIES FOR PERMIT TO PRODUCE, POSSESS AND TRANSPORT TRANSGENIC AQUATIC SPECIES FOR BIOMEDICAL RESEARCH, PHARMACEUTICAL AND ENVIRONMENTAL TESTING PURPOSES.

Received Department's recommendation; received public testimony. Commission approved the request with the terms and conditions recommended by the Department.

5.

REQUESTS OF YORKTOWN TECHNOLOGIES, L.P., AND FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE COMMISSION TO CONSIDER AMENDING SECTION 671, TITLE 14, CCR, TO EXEMPT FLUORESCENT ZEBRA FISH FROM THE RESTRICTED SPECIES LIST.

Received Yorktown Technologies' request and the Department's recommendation; received public testimony. Commission denied the request.

6.

PRESENTATION BY SYSTEMS CONSULTANTS, FALLON, NEVADA, RE: LICENSE SALES AND DATA COLLECTIONS.

Received a Power Point presentation from Donald Sefton, Systems Consultants.

7.

PRESENTATION BY BASS PRO SHOPS AND WESCO RE: AUTOMATED LICENSE SALES AND DATA COLLECTIONS.

Received presentation from Rick Defiore of WESCO.

8.

DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF COMMISSION POLICIES.

No report.

9.

RECEIPT OF PUBLIC TESTIMONY RE: THE GOVERNOR'S EXECUTIVE ORDER S-2-03 TO SOLICIT RECOMMENDATIONS FOR THOSE REGULATIONS WHICH THE PUBLIC BELIEVES ARE BURDENSOME AND SHOULD BE AMENDED OR REPEALED.

Received public testimony.

OTHER
10. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
(A)

UPDATE ON DEPARTMENT'S BUDGET.

No report.

  (B)

UPDATE ON DEPARTMENT MONITORING PLAN FOR THE CHANNEL ISLANDS MPAS, INCLUDING SOCIO-ECONOMIC STUDIES.

No report.

11.
RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
(A)
SUBCOMMITTEE REPORTS.

I.  MARINE SUBCOMMITTEE.

No report.

(B)

STAFF REPORTS.

No report.

12.

RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

No report.

13.

RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

No report.