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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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City Council Chambers
777 Cypress Avenue
Redding

MEETING SUMMARY

DISCUSSION ITEMS
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.

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 discussion.

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 markets.

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.

2.

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.

3.

PRESENTATION RE: U.C. BERKELEY'S WILD TURKEY STUDY/COLLECTION IN STATE PARKS.

Item continued to April 1, 2004, meeting.

4.

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, TRINITY COUNTY.

Request withdrawn and will be handled by the Department.

5.

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.

OTHER
6.

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.

7. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
  (A)

UPDATE ON DEPARTMENT'S BUDGET.

No report.

  (B)

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.

8. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
  (A)

SUBCOMMITTEE REPORTS.
I. MARINE SUBCOMMITTEE

No report.

  (B)

STAFF REPORTS.

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 emergency items.

9.

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.

10. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
  (A)

REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 180.3, TITLE 14, CCR, INCREASE ANNUAL QUOTA FOR TIER II SPOT PRAWN TRAP PERMITS.

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.