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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 2, 2004 (Thursday)
10:00 a.m.

The Beach Resort
Bay View Room
2600 Sand Dunes Drive
Monterey

SUMMARY OF MEETING

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. Submittal of written comments is encouraged to ensure that all comments will be included in the record before the Commission. Please be prepared to summarize comments to three minutes in length, or otherwise at the discretion of the President.

Richard Hughett indicated that the Monterey County Fish and Game Commission would like to pursue a blanket prohibition of ocean snagging and foul-hooking.

Deputy Director Mastrup indicated that a blanket prohibition might not solve the problem in Monterey , but Enforcement is interested in working on a possible solution and will work with the county.

Ed Schulze had the following recommendations for the north coast recreational abalone season: close the month of November; recreate the punch card system so that it is like the deer tag system; and designate areas with depleted resources as “X-Zones” with increased fees and a drawing for the tags.

Walt Mansell indicated that the Department needs to coordinate wildlife management with other governmental agencies, specifically with managers of National Forests and BLM.

Michelle Newman indicated that she supports the implementation of the MLPA as she has been diving and kayaking in the Monterey Bay for 20 years and has seen the decline of sea otters and other species.

Marc Shargel supported the implementation of the MLPA as local marine life draws people from all over the world, which support the local economy.

Jane De Lay indicated that Save Our Shores also supports the implementation of the MLPA.

Kaitilin Gaffney indicated that the Ocean Conservancy supports the implementation of the MLPA.

Paul Weakland expressed his disappointment again with Director Broddrick’s absence.

Chief Deputy Director Paul Stein indicated that Director Broddrick is very involved in Commission meetings though he was not able to attend the meeting today. Mr. Stein added that he will be attending Commission meetings in place of the Director when scheduling conflicts arise.

Executive Director Treanor stated that Director Broddrick was currently at the Governor’s Western Conference in San Diego as he is on a panel addressing the Federal ESA.

Bob Strickland indicated that United Anglers is waiting on the approval from NOAA Fisheries regarding their white seabass program in San Francisco Bay . He added that California needs to solicit more federal money to stop the illegal export of the state’s resources.

Dennis Dever requested the Commission approve a 3% tolerance policy regarding the measurement of legal mesh size for gill nets for the herring fishery in San Francisco Bay . He displayed a bale of newly purchased web from the manufacturer that measures legal in some areas and not others.

President Kellogg pointed out that the Enforcement Branch is currently communicating with fishermen to find a better measurement method.

Deputy Director Mastrup indicated that this request had been discussed at the recent DHAC meeting. He stated that legal counsel had advised that this particular request would require a regulatory amendment.

President Kellogg commented that he does not want to see 80 year-old fishermen continue to be issued mesh size violations.

Chief Tom Pederson indicated that the Enforcement Branch is working on a policy regarding the “judgment” of mesh size measurement for the San Francisco Bay herring fishery. He added that simplifying the gear limitations and focusing on the fishery quota may eliminate many of these problems.

Deputy Director Mastrup asked Chief Pederson about the possibility of having the nets certified and tagged before the nets are fished.

Chief Tom Pederson responded that Enforcement would consider this suggestion as a possible solution for this fishing season.

Steve Mathieu indicated that the Commission meetings can now be viewed on www.slo-span.org; which is a nonprofit organization geared toward increasing public access to governmental meetings. He noted that the organization is currently seeking additional funding.

Executive Director Treanor asked if there was anyone else from the audience who wished to speak, and there was no reply. He indicated that the Commission would like to present a Resolution to Frank Spear in honor of his retirement and devotion to California Department of Fish and Game.

President Kellogg presented Mr. Spear with the Resolution.

2.

ADOPTION/RATIFICATION OF COMMISSION FINDINGS, RE: REJECTION OF PETITION TO LIST THE CALIFORNIA TIGER SALAMANDER (Amybstoma californiense) AS AN ENDANGERED SPECIES. (COMMISSION ACTION ONLY. NO PUBLIC TESTIMONY.)

Commission ratified its findings of October 22, 2004 , to reject the petition to list the California Tiger Salamander as an endangered species.

3.

CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED AMENDMENT TO THE COMMISSION'S POLICY ON UPLAND GAME TO ADD A SECTION REGARDING GAME BIRD HERITAGE PROJECT REVIEW.

No public testimony. Commission adopted proposed amendment.

4.

RECEIPT OF DEPARTMENT'S TENTATIVE RECOMMENDATIONS FOR ANTLERLESS/EITHER-SEX DEER HUNTS FOR 2005-2006.

Received Department’s recommendations; received public testimony.

5.

RECEIPT OF ANNUAL REVIEW OF WHITE SEABASS FISHERY MANAGEMENT PLAN FOR 2001-2002 AND 2002-2003 FISHING SEASONS.

Received Department’s report; received public testimony.

OTHER
6. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS
  (A)

UPDATE ON DEPARTMENT'S BUDGET.

No Department report; received public testimony.

  (B)

UPDATE ON PROGRESS OF DEVELOPING CALIFORNIA'S COMPREHENSIVE WILDLIFE CONSERVATION STRATEGY

No report; items will be scheduled for February 2005 meeting.

  (C)

UPDATE ON ENFORCEMENT DEPLOYMENT PLAN.

Received Department’s report; received public testimony.

  (D)

UPDATE ON TIMELINE RE: 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; no public testimony.

  (E)

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

Received Department’s report; received public testimony.

  (F)

UPDATE RE: TIMELINE FOR RESUBMITTAL OF CHANGES TO TRAPPING REGULATIONS AND FOR UPDATING THE EXAM AND STUDY BOOKLET.

Received Department’s report; received public testimony.

  (G)

UPDATE ON COMMERCIAL HERRING FISHERY GILL NET MESH SIZE STUDY BASED ON EXISTING REGULATIONS.

Received Department’s report; received public testimony.

7. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
  (A)

SUBCOMMITTEE REPORTS.

No report; received public testimony.

  (B)

STAFF REPORTS.

No report; no public testimony.

8.

RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

No report; no public testimony.

9.

RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

Received report; received public testimony.


Notes:

1) The Commission was Scheduled to Consider the Department's Initial Review and Recommendation on the Petitions to List the Tricolored Blackbird (Agelaius tricolor) as an Endangered Species and to Delist the Coho Salmon (Oncorhynchus kisutch) South of San Francisco as an Endangered Species. However, the Department did not Provide its Initial Review and Recommendations on these Petitions to the Commission by November 2, 2004, and Pursuant to Section 2074 of the Fish and Game Code, the Commission Cannot Schedule the Matter until it has the Department's Report and Recommendation for at Least 30 Days. Consideration of these Two Petitions will Occur at the Commission's February 3, 2005, Meeting in San Diego.

2) The Department Requested Additional Time to Amend its Draft Abalone Recovery and Management Plan; Therefore, this Matter has been Continued to the Commission's February 2005, Meeting in San Diego.

3) The Department is Withdrawing its Proposed Regulation Change to Section 150.18, Title 14, CCR, Re: Nearshore Fishery Trap Gear Limitations.

4) The Department Will Not Be Submitting its Required Annual Status Report of Marine Fisheries Pursuant to Section 7065 of the Fish and Game Code because of Marine Region Staffing Limitations.