City Hall Hearing Room 1 1 Frank H. Ogawa Plaza, 1st floor Oakland
Walt Mansell requested expedited public access to newly
acquired state land. He explained that access on these lands is often
denied until management plans, personnel and budget issues are
Mike Tanaka provided a handout and indicated that recently
the Department had designated Agua Hedionda Lagoon as “inland
water” and has been issuing violations for the use of live bait. He
explained that the lagoon has been fished as ocean water for halibut
with live bait for 50 years. He requested clarification as the fresh
water regulations do not address ocean fish.
John Ugoretz explained that if the lagoon is tidally
influenced then it should be designated as ocean water. He stated that
the Department would clarify and report back to the Commission.
Bob Strickland requested that the daily bag limit for surf
perch south of San Francisco be increased by 5 fish at 10.5 inches, if
the Department could not produce evidence that the fishery is in
Deputy Director Mastrup stated that Department’s Marine
Region staff would respond when they arrive.
Carter Fickes provided a handout requesting an exemption
from Section 230 to allow bass tournament anglers to legally cull
fish. He noted that Department staff indicated that there would be no
resulting biological impact.
Gary Bradford supported Mr. Fickes’ request and invited
the Commissioners to observe this technique at a local bass
President Kellogg indicated that he has supported this
exemption for years and was thankful that it had been brought to the
Don Reighley read a letter from Melissa Fulton which
described the positive economic impact bass tournaments bring to local
communities. She supported Mr. Fickes’ request.
President Kellogg indicated that this request is listed on
the current agenda as item 7(d) but requested that the Department make
its report at this time.
Deputy Director Mastrup emphasized that the Department is
supportive of bass tournaments, but explained that allowing tournament
anglers to continue to fish after they have reached their 5 fish limit
is currently illegal. He confirmed that there would be no biological
impact on the fishery to allow culling during bass tournaments by
amending Section 230.
The Commission, on a unanimous vote, authorized its staff
to publish notice of the Commission’s intent to amend Section 230,
to allow tournament fishermen to continue to fish during bass
tournaments once they had five bass in their live well, but if they
landed another fish they had to release one.
Executive Director Treanor indicated that consideration of
adoption for this amendment will be scheduled for the Commission’s
June 23-24, 2005, meeting in Bishop.
Steve Shimek commented that the MLPA process was “going
great” as hundreds of stakeholders are participating, and all
support increased funding for the Department to implement the
resulting plan. He noted that the Assembly budget committee also
supported the increase as long as the project stayed on schedule.
Erin Simmons indicated that The Ocean Conservancy also
remains supportive of the MLPA process.
Jamie Ray requested the Department report on the current
status of the proposed regulatory amendments regarding mammal
Deputy Director Mastrup responded that Department is in
compliance with the existing statutes as the exam and study materials
have been significantly improved. He explained that the Department is
not the only entity to license trappers and will continue to honor
such permits. He noted that the amendments, which the Department had
submitted last year, have been indefinitely withdrawn as the
Department lacks the necessary staff and funding to complete the
Paul Weakland discussed a letter from Regional Manager
Patty Wolf which stated that the draft abalone recovery and management
plan would be submitted to the Commission for approval by the meeting
today. He asked why the item was not included on the current agenda.
Executive Director Treanor responded that the Department
was still redrafting the plan based on public comments and the
Commission has not yet received the draft abalone recovery and
management plan from the Department. He noted that the Commission was
equally unhappy about the Department’s failure to submit work on
Virginia Handley reported that the Fund for Animals
recently merged with the Humane Society of the United Sattes. She
emphasized the need to revisit the exotic animal regulations given the
recent tiger escape and chimp attack incidents. She also requested a
ban on the importation of live turtles and frogs.
Commission ratified its findings
of February 3, 2005, to reject the petition to list the tricolored
blackbird as an endangered species.
ADOPTION/RATIFICATION OF COMMISSION
FINDINGS, RE: REJECTION OF PETITION TO LIST DE-LIST COHO SALMON (Oncorhynchus
kisutch) SOUTH OF SAN FRANCISCO AS AN ENDANGERED SPECIES.
(Commission Action Only. No Public Testimony.)
Commission ratified it findings
of February 3, 2005, to reject the petition to de-list coho salmon
south of San Francisco as an endangered species.
PRESENTATION RE: U.C. BERKELEY'S WILD TURKEY STUDY/COLLECTION IN
Received Dr. Barrett’s presentation; received public
testimony. Dr. Barrett will return to the Commission’s December 2005
meeting to provide the final results of his study.
RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF
THE FOLLOWING COMMISSION POLICIES:
Received Department’s report and
recommendations for no changes in the policy; no public testimony.
RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.
Received Department’s report on March 18; received public
Commissioners unanimously approved adding to the agenda
consideration of Commission’s position on AB 1033. Commission
approved a Support position for the legislation on a 2-1 vote with one
RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS
UPDATE ON DEPARTMENT'S BUDGET.
Deputy Director Mastrup reported that after recent
legislative budget subcommittee hearings, it is widely recognized that
the Department is under-funded and needs assistance.
Chief Deputy Director Stein discussed the possibility of
submitting a program fee restructuring plan for the streambed
Commissioner Hattoy indicated his willingness to contact
members of the Legislature to assist with funding issues for the
Executive Director Treanor pointed out that the Commission
had offered its assistance over the years, but the Department had been
reluctant to accept the offers. He encouraged the Department to
utilize the Commissioners expertise and contacts.
UPDATE ON MLPA.
John Ugoretz indicated that the Blue Ribbon Task Force met
in Monterey in February and will continue to receive comments on the
revised draft of the master plan framework until March 25th. He
reported that the draft plan will be provided to the Commission at a
special meeting in May.
Executive Director Treanor commented that at the request of
the Blue Ribbon Task Force, the special meeting had been scheduled for
May 23 in Sacramento.
Vice President Flores emphasized the need for continued
involvement and updates on the MLPA process. He indicated concern
regarding the perception that the Commission is simply a “rubber
stamp” for the MLPA Plan.
The Commission requested that, if possible, it would like
the Chairperson of the Blue Ribbon Task Force to attend its next
meeting to provide an update on its process.
UPDATE ON DEPARTMENT MONITORING PLAN FOR THE CHANNEL ISLANDS MPAS,
INCLUDING SOCIO-ECONOMIC STUDIES.
John Ugoretz summarized the current monitoring efforts at
the Channel Islands. He reported that overall funding has decreased
this year, but monitoring efforts should remain at similar levels due
to increased funding to the NPS. He indicated that Chris La Franke has
been contracted to examine the socioeconomic impacts of the MPAs. He
indicated that the Department would provide an update of the mid-year
surveys at the Commission’s August meeting.
UPDATE ON THE STATEMENT RE: CULLING OF BASS IN THE 2005 SPORT
FISHING REGULATION BOOKLET.
See agenda item #1.
RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
I. MARINE SUBCOMMITTEE. No report.
II. AL TAUCHER POLICY ADVISORY COMMITTEE. Vice President Flores reported that the ATPAC met on March
10th in Sacramento to restructure the committee for increased
productivity. He noted that the committee unanimously recommended that
the Commission take formal positions on three pieces of legislation.
Phil Martinelli provided a handout from the ATPAC
recommending that the Commission take positions on three bills of
interest. He discussed the legislation and indicated that the ATPAC
recommended Oppose for AB 996 and Support for SB 1028 and SB 1029.
The Commission unanimously adopted the recommendations of
STAFF REPORTS. No report.
RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
(NOT OPEN TO PUBLIC)
PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 11126(a)(1)
and (e)(1), AND SECTION 309 OF THE FISH AND GAME
CODE, THE COMMISSION WILL MEET IN CLOSED EXECUTIVE
SESSION. THE PURPOSE OF THIS EXECUTIVE SESSION IS TO
PENDING LITIGATION TO WHICH THE COMMISSION IS
VENTURA COUNTY COMMERCIAL FISHERMEN'S ASSOCIATION, ET
AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CHANNEL
SANFORD WINSTON, ET AL., vs. CALIFORNIA FISH AND GAME
COMMISSION RE: SPOT PRAWN TRAWL.