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.
Mike Lucia on behalf of the City of Dunsmuir, requested a
regulation change to open the upper Sacramento River for
catch-and-release, artificial barbless fishing from November 16th
through the last Friday in April. He provided the Commission with a
Resolution from the City of Dunsmuir.
Deputy Director Mastrup responded that the regional office is
aware of the request, but that it would require sportfishing
regulatory amendments outside the discretion of the Department.
President Kellogg directed staff to look into the request and
report back to the Commission at its next meeting. (Note: Commission
will move forward with this report and will consider adoption at its
June 25, 2004 meeting in Crescent City.)
George Wolff requested that the Commission consider additional
deer hunt tags, free of charge for disabled veterans.
Deputy Director Mastrup responded that the Department has looked
into revising the allocation system for deer tags in regard to
seniors, but due to legal issues, changes would require legislation.
President Kellogg commented that other states have these special
senior programs, and that perhaps the Department should sponsor new
legislation. He directed staff to provide a status report to the
Commission on respective upcoming legislation.
Norm Carr requested an amendment to the transportation receipt
weight requirements. He stated that his commercial fishing business is
located in a land locked area so he must transport his fish by truck
to the buyers, making it impossible to get an accurate weight, which
is now required by Department; and he stated that he and others in
that area are getting cited. He indicated that he has met with several
wardens and have not come up with any solution. He requested this item
be added to the next agenda.
President Kellogg asked the Department if they could be allowed
to have an estimated weight.
Deputy Director Mastrup responded that the statutes were changed
this year and the wardens must enforce the statutes as written. He
indicated that it is the statutes that need to be changed and stated
that the Department would be in touch with Mr. Carr for further
Ken Willis requested the Commission consider a late season
flintlock weapon deer hunt in the M11 zone, to include at least 300
tags. He provided a handout to the Commission.
Virginia Handley provided an update on the status of the live animal
markets in the Bay Area and stated these markets continue to sell
illegal turtles and frogs and do not have the required signage posted.
She indicated that other states and countries have banned the
importation of frogs and turtles to protect native species and
California should do the same. She requested this item be added to a
future Commission agenda.
President Kellogg suggested that the animal rights community
come up with legislation which would fund enforcement in these
Paul Weakland commented that recently a poacher was brought to
court and was in jeopardy of losing his commercial fishing license and
that he was let off the hook because the warden didn't show up to the
trial. He reiterated that the Department has held public meetings on
abalone for ten years and no questions have been answered to date.
DEPARTMENT REQUEST FOR EMERGENCY ACTION TO AMEND SECTION 28.27,
TITLE 14, CCR, TO INCREASE THE SIZE LIMIT AND DECREASE THE
BAG LIMIT FOR LINGCOD.
Received Department's report and recommendations to delay
consideration of this matter until after the PFMC discusses the issue
at its meeting next week; received public testimony. Commission
directed staff to publish notice that this item will be considered for
action at a special teleconference meeting.
PRESENTATION RE: U.C. BERKELEY'S WILD TURKEY STUDY/COLLECTION
IN STATE PARKS.
Item continued to April 1, 2004, meeting.
REQUESTS OF MATT ROOT, WINTER TRIBE/KESWICK RANCHERIA FOR
RE-ISSUANCE OF SPECIAL AUTHORIZATION TO HARVEST 6-10 FALL RUN CHINOOK
SALMON FROM THE SACRAMENTO RIVER FOR CULTURAL AND EDUCATIONAL
PURPOSES, WITH AMENDMENTS AND AUTHORIZATION FOR TRADITIONAL SALMON
HARVESTING ON BEHALF OF THE NOR-EL-MUK WINTU TRIBE OF HAYFORK VALLEY,
Request withdrawn and will be handled by the Department.
REQUESTS OF YORKTOWN TECHNOLOGIES, L.P., AND FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMERS SERVICES FOR RECONSIDERATION OF COMMISSION
DENIAL TO CONSIDER AMENDING SECTION 671, TITLE 14, CCR, TO EXEMPT
FLUORESCENT ZEBRA FISH FROM THE RESTRICTED SPECIES LIST.
Request continued to the Commission's April 1, 2004, meeting.
RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.
Julie Oltmann provided the Commission with a handout and gave a
brief summary on the priority bills being considered by the
Legislature as of March 4, 2004; received public testimony.
RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
UPDATE ON DEPARTMENT'S BUDGET.
UPDATE ON CRFS.
Marija Vojkovich reported that the angler data base is coming
along slower than expected as sales agents are not returning the
license books as quickly as expected. She indicated that the 2-year
management cycle for groundfish will begin next week, and she will be
requesting guidance from the Marine Subcommittee. She summarized the
current management considerations for California, which will be
discussed at the upcoming Pacific Fishery Management Council meeting.
RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
I. MARINE SUBCOMMITTEE
Executive Director Treanor reported that the 2004 Rulemaking
Calendar was completed and submitted to OAL this week, and that
currently there are 26 different regulatory packages being considered
this year. He added that one half of those regulatory items involve
the Marine Region and that this count does not include any inevitable
RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
Joe Blum reported that the Ninth Circuit Court of Appeals in
Oregon ruled last week that the central coho salmon species shall no
longer be listed as threatened or endangered. He noted that eight
species of salmon will be proposed for listing this month, though no
actions taken this far have affected California.
RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 180.3,
TITLE 14, CCR, INCREASE ANNUAL QUOTA FOR TIER II SPOT PRAWN
Deputy Attorney General Cunningham summarized his request to
amend the Tier 2 spot prawn trap permits to increase the annual quota
from 2500 lbs. to 5000 lbs. He noted that though unusual, he would
like to request that the Commission authorize staff to publish notice
to amend Section 180.3, Title 14, CCR.
Marija Vojkovitch indicated that the Department has been meeting
with the industry to design a program to convert trawlers into
trappers and that they are finalizing the documents to present to the
Commission at its April 2004 meeting. She noted that this issue is
addressed in that package.
Deputy Attorney General Cunningham emphasized the urgency of the
current situation and stated that if the Commission waits until mid
summer for adoption of the Department's "comprehensive"
package, it would put these men out of business.
Commission directed staff to publish notice of intent to amend
Section 180.3, Title 14, CCR to increase the annual quota for Tier 2
spot prawn trap permits.