Larger


Viewing Issues? Click here.


Audio Only


THE FISH AND GAME COMMISSION
Click to visit the Department of Fish and Game's Web Site
 

State of California

THE FISH AND GAME COMMISSION

 

   Click Here To Start

 

Meeting of
October 21, 2004 (Thursday)
10:00 a.m.

James W. Kellogg Training Center
935 Detroit Avenue
Concord

DISCUSSION ITEMS
1.

PUBLIC FORUM

John Duffy spoke on behalf of the squid industry and expressed their thanks for the Commission's decision to delay adoption of non-transferable permits to the December meeting. He discussed six reasons to support the Department's Option 3 regarding non-transferable permits. He provided a handout to the Commission.

John Gibbs indicated that he was told that there was no reason to worry about the future of his squid permit as he would qualify under the grandfather status, but after reading the proposals he will not qualify for a fully transferable permit and does not support current recommendations. He supported adopting Option 3.

James Bunn indicated that the original intention of the squid legislation was to guarantee that the older CA fishermen who have participated in the industry will be assured of getting permits and he is worried this is being overlooked in the current FMP.

Zeke Grader introduced Alison Gordon from AmeriCorps Steward Programs and thanked her for their contributions. He requested that the Commission agendize issues relating to the vetoed Dungeness crab fishery legislation (AB 2146) to discuss the need for “urgency legislation.” The Commission approved his request to add the issue to the December 2004, meeting.

Shaye Wolf indicated her concern regarding the impact of squid light boats on seabirds given that the regulations recently adopted for the squid fishery do not include closures for Anacapa and Santa Barbara Islands.

Commissioner Schuchat asked if changes to the regulations to include closures could be done with a 45-day notice period.

Deputy Director Mastrup responded that any changes to the squid fishery regulations would delay adoption and jeopardize the regulations being in place at the start of the fishing season. He recommended creating a separate rulemaking package to address possible closures.

Deputy Attorney General Cunningham clarified that the Commission could direct staff to publish notice that changes will be considered for adoption at the February 2005 meeting and that regulations would be in place for the 2005 season.

Commissioners Hattoy and Schuchat indicated their interest in moving forward with a separate rulemaking package to address possible closures.

Commissioners Kellogg and Hendrickson indicated that they were not interested in making further changes to the regulations at this time.

Douglas Bevington stated that January is the seabird breeding season and that closures need to be in place by then.

Kate Wing supported the current squid regulatory package moving forward but noted that current closures will expire soon and that the issue needs immediate attention.

Executive Director Treanor clarified that once a species is listed as threatened or endangered, current statutes give the Department authority to issue incidental take permits. He noted that at the August 27th meeting the Commission decided that the issue of additional closures is more appropriately addressed through the MLPA process.

Rob Ross opposed AB 2146 and indicated there are many sides to the bill which need to be “flushed out” before proceeding with legislation.

Camilla Fox indicated her concern with the Department's request to withdraw the trapping rulemaking notice as it would remove their responsibility to respond to public comment. She requested that the Commission only consider granting the Department's request if they would agree to the contingencies outlined in her letter which she provided prior to the meeting.

Dr. Marybeth Rymer supported Ms. Fox's request. She indicated that she lost a cat to a conibear trap and would like to see their use regulated.

Deputy Director Mastrup indicated that the Department has agreed to and begun updating trapping exams and manuals thus there is no need for a regulatory package at this time. He indicated that the updates will be complete by spring and that the Department would provide further details to the Commission at the December meeting.

Bob Strickland requested that the Commission appoint a subcommittee to oversee the expenditure of SFRA money.

Richard Pogre requested that the Commission establish zonal management for the abalone fishery and take steps to open the fishery to commercial divers.

Paul Weakland stated that the abalone divers had not been compensated for the loss of income that resulted from the Commission closing the abalone fishery. He also expressed his concern that Director Broddrick was absent again from the Commission meeting.

John Hunter discussed the detrimental effects of mitten crab in the delta. He requested that the Commission address the issue at a future meeting.

Deputy Director Mastrup stated that there is no solution to the problem that they are aware of.

 

2.

PRESENTATION BY MS. PATTY UNTERMAN RE: RESTAURANT ECOLOGY.

Received Ms. Unterman's presentation; received public testimony.

3.

RECEIPT OF CURRENT REPORT ON THE DENNIS G. RAVELING ENDOWED PROFESSORSHIP IN WATERFOWL BIOLOGY AT U.C. DAVIS, 1996-2003.

Received Dr. Eadie's report; no public testimony.

4.

CONSIDERATION OF REQUEST BY CEDARS-SINAI MEDICAL CENTER RESEARCH INSTITUTE FOR APPROVAL OF ITS APPLICATION TO POSSESS TRANSGENIC ZEBRAFISH FOR BIOMEDICAL RESEARCH.

Received request; received Department's recommendation; received public testimony. Commission approved request.

5. (A)

CONSIDERATION AND POSSIBLE ACTION ON THE DEPARTMENT'S INITIAL REVIEW AND RECOMMENDATION ON THE PETITION TO LIST THE CALIFORNIA TIGER SALAMANDER (Amybstoma californiense) AS AN ENDANGERED SPECIES CANDIDATE.

Received Department's recommendation; received public testimony.

Commission found that the petition to designate the CA tiger salamander as a candidate for endangered species status did not provide sufficient information to indicate that the petitioned action may be warranted.

  (B)

CONSIDERATION OF EMERGENCY ACTION TO ADD SECTION 749.3, TITLE 14, CCR, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF CALIFORNIA TIGER SALAMANDER DURING CANDIDACY PERIOD.
(Note: This item will only be considered if the Commission makes a finding in 5(A) that the petitioned action may be warranted.)

No Commission action necessary.

6.

CONSIDERATION OF PETITION AND THE DEPARTMENT'S STATUS REPORT AND RECOMMENDATION ON THE PETITION TO LIST SCOTTS VALLEY POLYGONUM (Polygonum hickmanii) AS AN ENDANGERED SPECIES AND ADOPTION OF COMMISSION FINDINGS.

Received Department's report and recommendations; no public testimony. Commission found that the petition warrants listing of the Scott's Valley Polygonum as an endangered species and authorized its staff to publish notice of its intent to amend Section 670.2, Title 14, CCR.

 

7.

RECEIPT OF DEPARTMENT RECOMMENDATIONS FOR CATCH-AND-RELEASE WATERS PURSUANT TO SECTION 1727 OF THE FISH AND GAME CODE.

Received Department's recommendation; received public testimony. Commission approved the Department's recommendation.

8.

RECEIPT OF DEPARTMENT REPORT ON APRIL 1, 2004, REQUEST TO ADD THE PACIFIC RUBBER BOA AND THE CALIFORNIA MOUNTAIN KING SNAKE TO THE NATIVE REPTILE CAPTIVE PROPAGATION PERMIT (SECTION 43, TITLE 14, CCR).

Received Department's report and recommendations; received public testimony. Commission directed the Department to prepare a draft timeline on proceeding with the request and report to the Commission at the December meeting.

OTHER
9.

RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

Received Department's report; received public testimony.

10. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS
  (A)

UPDATE ON DEPARTMENT'S BUDGET.

Received Department's report; received public testimony.

  (B)

UPDATE ON GLOFISH REGULATORY TIMELINE.

Received Department's report; received public testimony.

  (C)

REPORT ON CRFS RESULTS TO DATE.

Received Department's report; received public testimony.

11. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
  (A)

SUBCOMMITTEE REPORTS.
I. MARINE SUBCOMMITTEE

Received report; received public testimony.


II. AL TAUCHER POLICY ADVISORY COMMITTEE.

Received report; received public testimony.

  (B)

STAFF REPORTS.

No report; no public testimony.

12.

RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

No report; no public testimony.

13.

RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

Received report; no public testimony