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THE FISH AND GAME COMMISSION

State of California

THE FISH AND GAME COMMISSION

 

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February 7, 2008 Meeting Agenda

 
 
Meeting of
February 7, 2008  (Thursday)
10:00 a.m.
**
Hubbs-Sea World Research Institute
Shedd Auditorium*

2595 Ingrahm Street
San Diego

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

NOTE : Items may be heard on either day and in any order pursuant to the determination of the Commission President.
1. ELECTION OF OFFICERS.

Motion and Vote

2. 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 your comments to the time allocated by the President.
3. PRESENTATION OF RESOLUTION HONORING WILLIAM CUNNINGHAM.
4. POSSIBLE ADOPTION OF THE REVISED DRAFT MASTER PLAN FOR MARINE PROTECTED AREAS.

Motion and Vote

5. CONSIDERATION OF REQUEST FROM THE NORTHERN CALIFORNIA COUNCIL OF THE FEDERATION OF FLY FISHERS FOR THE EMERGENCY CLOSURE OF STEELHEAD FISHING ON THE LOWER AMERICAN RIVER.

Motion and Vote

6. ANNUAL REVIEW OF WHITE STURGEON WILD BROODSTOCK COLLECTION PROGRAM AND CONSIDERATION OF CONTINUATION OF THE PROGRAM WITH AUTHORIZATION OF BROODSTOCK COLLECTION PERMITS.
7. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 632 TITLE 14, CCR, RE: MORRO BAY STATE MARINE RECREATIONAL MANAGEMENT AREA AND DANA POINT STATE MARINE PARK. (Note: the discussion hearing is scheduled for March 7, 2008, in Stockton.)
8. (A) PURSUANT TO SECTION 2074.2 OF THE FISH AND GAME CODE, CONSIDERATION OF DEPARTMENT'S INITIAL REVIEW AND RECOMMENDATION ON THE PETITION TO LIST LONGFIN SMELT (Spirinchus thaleichthys) AS AN ENDANGERED SPECIES.

Motion and Vote

  (B) CONSIDERATION AND POSSIBLE ADOPTION OF EMERGENCY ACTION TO ADD SECTION 749.3, TITLE 14, CCR, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF LONGFIN SMELT DURING CANDIDACY PERIOD.

Motion and Vote

9. (A) REQUEST FOR INFORMATION, REVIEW OF INFORMATION, POSSIBLE CONSIDERATION OF AND POSSIBLE ADOPTION OF FINDINGS ON HALIBUT TRAWLING PURSUANT TO FISH AND GAME CODE SECTION 8495. (Note: The questions before the Commission include whether the bottom trawl fishery minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats.)
  (B) RECEIPT OF PUBLIC TESTIMONY ON COMMISSION INTENT TO AMEND TITLE 14, CCR, RE: HALIBUT TRAWLING WITHIN SPECIFICALLY IDENTIFIED AREAS.
10. POSSIBLE ADOPTION OF DVD RECORDINGS USING KEY POINT INDEXING OF 2007 COMMISSION MEETINGS AS THE OFFICIAL COMMISSION MINUTES.

Motion and Vote

11. DFG LEGISLATIVE REPORT UPDATE AND POSSIBLE CONSIDERATION OF COMMISSION POSITIONS ON PROPOSED LEGISLATION.

 

12. RECEIPT OF DFG DIRECTOR’S REPORT.
  (A) UPDATE ON THE CALIFORNIA BOARD OF FORESTRY AND COMMISSION JOINT POLICY ON PACIFIC SALMON AND ANADROMOUS TROUT.
  (B) UPDATE ON PFMC ISSUES.
  (C) UPDATE ON ENFORCEMENT.
  (D) UPDATE ON GROUNDFISH STATUS AND POTENTIAL FOR REGULATION ACTIONS IN 2008 BASED ON IN-SEASON ADJUSTMENTS.
  (E) UPDATE ON THE SAN MIGUEL ISLAND ABALONE RESOURCE.
  (F) UPDATE ON THE KLAMATH RIVER BASIN RESTORATION AGREEMENT.
  (G) UPDATE ON REPORT STATUS REGARDING PINK SHRIMP TRAWLING BYCATCH REDUCTION DEVICES.
  (H) OTHER.
13. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
  (A) STAFF REPORTS.
 
  1. UPDATE ON FUTURE LEGAL REPRESENTATION.
  2. UPDATE ON WAFWA.
  (B) OTHER.
14. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
  (A) MARINE RESOURCES COMMITTEE.

 

  (B) AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE UPDATE.

 

15. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
16. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
17. NEW BUSINESS.

CONSENT CALENDAR

Motion and Vote

    Public Comment on February 8, 2008

23. RECEIPT OF DEPARTMENT REPORT ON THE PETITION TO LIST THE AMERICAN PIKA (Ochotona princeps) AS A THREATENED SPECIES.
24. RECEIPT OF DEPARTMENT’S STATUS REPORT ON THE PETITION TO DELIST CALIFORNIA BROWN PELICAN (Pelecanus occidentalis californicus) AS AN ENDANGERED SPECIES.
25. RECEIPT OF THE DEPARTMENT'S STATUS REPORT ON THE PETITIONS TO REMOVE THE FOLLOWING PLANTS FROM THE LIST OF RARE AND ENDANGERED SPECIES: MARIN BENT GRASS (Agrostis blasdalei var. marinensis), HANGING GARDENS MANZANITA (Arctostaphylos edmundsii var. parvifolia), SLENDER-POD JEWELFLOWER (Caulanthus stenocarpus), AND TRUCKEE BARBERRY (Mahonia sonnei).
26. REQUEST OF JOHN FINGER TO RENEW THE HOG ISLAND MARICULTURE LEASE #M430-11, MARIN COUNTY.
27. REQUEST FROM THE U.S. FISH AND WILDLIFE SERVICE FOR COMMISSION APPROVAL FOR LAND ACQUISITION OF APPROXIMATELY 22,000 ACRES WITHIN THE TULARE BASIN WILDLIFE MANAGEMENT AREA, KERN AND TULARE COUNTIES.
28. RECEIPT OF DEPARTMENT REPORT TO THE FISH AND GAME COMMISSION AND LEGISLATURE ON THE ANNUAL ACCOUNTING OF THE DEPOSITS INTO AND EXPENDITURES FROM THE FISH AND GAME PRESERVATION FUND, AS REQUIRED BY SECTION 8589.7, FISH AND GAME CODE.
29. RECEIPT OF DEPARTMENT REPORT REGARDING THE PINK SHRIMP TRAWL FISHERY OFF NORTHERN CALIFORNIA.
30. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 120.7, TITLE 14, CCR, REGARDING CHANGING THE DAYS OF THE WEEK TO HARVEST SEA URCHINS AND THE LOTTERY DATE. (Note: The discussion hearing is scheduled for March 7, 2008, in Stockton.)
31. REQUEST TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 122, 125, 149.1, 150, 150.02, 150.03, 150.05, 163, 163.5, 164, 174, AND 180.3; ADD SECTION 124.1, TITLE 14, CCR, RE: COMMERCIAL FISHING PERMIT RENEWAL PROVISIONS.
32. POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 503, TITLE 14, CCR, RE: CROP DAMAGE AND NUISANCE CANADA GEESE.
33. RECEIPT OF ANNUAL REPORTS RE: CAMP ROBERTS, CAMP PENDLETON, AND FORT HUNTER LIGGETT DEER AND ELK HUNTS, UNDER SECTION 640, TITLE 14, CCR, MANAGEMENT OF FISH AND WILDLIFE ON MILITARY LANDS.
34. RECEIPT OF RENEWAL REQUEST FROM THE CULTURED ABALONE TO LEASE KELP BED NO. 27, SANTA BARBARA COUNTY, FOR THE NEXT FIVE YEAR TERM.
 

EXECUTIVE SESSION
  (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 CONSIDER:
  A. PENDING LITIGATION TO WHICH THE COMMISSION IS A PARTY:
    I. CENTER FOR BIOLOGICAL DIVERSITY vs. CALIFORNIA FISH AND GAME COMMISSION RE: TIGER SALAMANDER.
    II. CALIFORNIA FORESTRY ASSOCIATION, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO SALMON.
    III. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO LISTING, SOUTH OF SAN FRANCISCO.
    IV. LINDY O’LEARY vs. CALIFORNIA FISH AND GAME COMMISSION RE: R.R.S.A.C. AND R.R.S.S. PERMIT DENIALS.
    V. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
    VI. ROBERT LARRY EDER , JUSTIN WESLEY YAGER AND BYRAN D. RANDALL vs. CALIFORNIA FISH AND GAME COMMISSION RE: DUNGENESS CRAB VESSEL PERMITS.
    VII. STEVE ANGELI vs. CALIFORNIA FISH AND GAME COMMISSION RE: RESTRICTED SPECIES BREEDING PERMIT.
  B. POSSIBLE LITIGATION INVOLVING THE COMMISSION.
    I. COALITION FOR SUSTAINABLE DELTA, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: SPORTFISH REGULATIONS AND TAKE OF LISTED SPECIES.
  C. STAFF PERFORMANCE AND COMPENSATION.
  D. RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND PERMIT ITEMS.

 

    I. RICHARD S. POWERS, COMMERCIAL PASSENGER FISHING LICENSE AND COMMERCIAL FISHING LICENSE.

 


*These facilities are accessible to persons with disabilities. To request reasonable accommodations for a disability, please contact California Relay Service at 1 (800) 735-2929 (TT) or 1 (800) 735-2922 (Voice) and ask them to contact the California Fish and Game Commission at (916) 653-4899.

** The Commission may break for lunch at approximately 12:00 noon.

NOTE: The public is encouraged to comment on any item on the agenda. In order for the Commission to adequately consider public comments, the public is requested to submit written comments no later than ten days prior to the meeting. Written comments received fewer than ten days preceding the meeting will be submitted to the Commission at the meeting; however, Commission staff is unable to deliver material received one day before and on the day of the meeting to the Commissioners when the meeting is not in Sacramento. Please send your comments to be received no later than two days before the meeting.

If you decide to speak at the Commission meeting, please begin by giving your name and affiliation (if any) and the number of people represented by your organization. Then tell the Commission your concerns in five minutes or less. Time allotted for each agenda item depends upon the number of speakers for each item and the length of the agenda. The Commission is interested in your views; don't worry about how to say them. If several people have spoken, try not to be repetitious. If there are several with the same concerns, please try to appoint a spokesperson. The Commission is particularly interested in the specific reasons you are for or against a proposal because the Commission's decision needs to be based on specific reasons.

If you would like to present handouts/written material to the Commission at the meeting, please provide eight (8) copies.