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State of California

THE FISH AND GAME COMMISSION

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November 14, 2008 Meeting Agenda

 
 
Meeting of
November 14, 2008 (Friday)
8:30 a.m.
**
City of Huntington Beach
City Council Chambers
*
2000 Main Street
Huntington Beach

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

NOTE : Items may be heard 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 your comments to the time allocated by the President.
2.  STATUS UPDATE ON DRAFT ENVIRONMENTAL DOCUMENT AND REGULATORY TIMELINES FOR THE MARINE LIFE PROTECTION ACT (MLPA) IMPLEMENTATION IN THE NORTH CENTRAL COAST STUDY REGION. (Note: It is anticipated that receipt of public comments on the proposed regulatory options for Marine Protected Areas in the North Central Coast study region will be scheduled for the December 12, 2008, Commission meeting in Sacramento.)
3.  UPDATE ON POSSIBLE COMMISSION AND DEPARTMENT PROPOSALS FOR TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2009-2010 MAMMAL HUNTING REGULATIONS AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DOCUMENTS. (Note: No public recommendations will be received this year. Public recommendations for changes in Mammal Hunting Regulations are considered every three years. Any recommendations received after the regulation adoption process in April 2007, will be considered at the Commission’s February 2010, meeting.)
4.  UPDATE ON POSSIBLE COMMISSION AND DEPARTMENT 2009 MAMMAL TRAPPING REGULATION CHANGE PROPOSALS AND CEQA DOCUMENTS.
5.

 PURSUANT TO FISH AND GAME CODE SECTION 2084, CONSIDERATION AND POSSIBLE EMERGENCY ACTION TO RE-ADOPT SECTION 749.3, TITLE 14, CCR, FOR AN ADDITIONAL 90 DAY PERIOD, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF LONGFIN SMELT DURING CANDIDACY PERIOD.

 Motion and Vote

6. (A)  CONSIDERATION OF ADOPTION OF THE CEQA NEGATIVE DECLARATION AND THE PROPOSED PROJECT FOR THE DELISTING OF THE CALIFORNIA BROWN PELICAN (Pelecanus occidentalis californicus).
  (B)

 PURSUANT TO FISH AND GAME CODE SECTIONS 2075 AND 2075.5, CONSIDERATION AND POSSIBLE ACTION ON THE PETITION AND THE DEPARTMENT'S ONE YEAR STATUS REPORT/RECOMMENDATION ON THE PETITION TO DELIST THE CALIFORNIA BROWN PELICAN, AND ADOPTION OF COMMISSION FINDINGS.

 Motion and Vote

 Motion and Vote

 Motion and Vote 

7.  DEPARTMENT OF FISH AND GAME LEGISLATIVE REPORT UPDATE AND POSSIBLE CONSIDERATION OF COMMISSION POSITIONS ON PROPOSED LEGISLATION.
8. RECEIPT OF DEPARTMENT OF FISH AND GAME INFORMATIONAL ITEMS.
  (A)  RECEIPT OF DEPARTMENT OF FISH AND GAME DIRECTOR’S REPORT.
  (B)  UPDATE ON ENFORCEMENT.
  (C)  UPDATE ON HALIBUT TRAWL GEAR.
  (D)  REPORT ON HAGFISH FISHERY AND THE EXPERIMENTAL GEAR PERMIT PROCESS.
  (E) OTHER.
9.  RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
10. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
  (A)  MARINE RESOURCES COMMITTEE.
  (B)  AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE.
11.  RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
12.  RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
13.  NEW BUSINESS.
14.  ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.
15.

 DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 632, TITLE 14, CCR, RE: MORRO BAY STATE MARINE RECREATIONAL MANAGEMENT AREA, ELKHORN SLOUGH STATE MARINE RESERVE AND DANA POINT STATE MARINE PARK.

 Motion and Vote

16.

 DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 27.20 ET AL, TITLE 14, CCR, RE: 2009-2010 RECREATIONAL GROUNDFISH FISHING.

 Motion and  Vote 

17.  DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO AQUACULTURE REGULATIONS:
  (A)

 REPEAL SECTION 241 AND AMEND SECTION 245, TITLE 14, CCR, RE: AQUACULTURE DISEASE CONTROL REGULATIONS.

 Motion and Vote

  (B)

 AMEND SECTION 243, TITLE 14, CCR, RE: TAKE OF WILD BROODSTOCK FOR AQUACULTURE PURPOSES.

 Motion and Vote 

18.  CONSIDERATION OF 2009 REGULATORY CALENDAR AND POSSIBLE REGULATORY PROPOSALS.
19.  RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 300, TITLE 14, CCR, RE: EARLY SPRING APPRENTICE TURKEY HUNT. (Note: The adoption hearing is scheduled for December 12, 2008, in Sacramento.)
20.

 CONSIDERATION AND POSSIBLE ACTION REGARDING FURTHER PROCESSING PERTAINING TO THE REQUEST OF ROBERT THOMAS FOR REINSTATEMENT OF HIS SUSPENDED TRAPPING PERMIT.

 Motion and Vote 

 CONSENT CALENDAR

  Motion and Vote

21. RECEIPT OF THE DEPARTMENT'S REPORT ON THE PETITION TO DELIST THE AMERICAN PEREGRINE FALCON (Falco peregrinus anatum) FORM THE ENDANGERED SPECIES LIST. (Note: Public Testimony is scheduled for December 12, 2008, in Sacramento.)
22. RECEIPT OF DEPARTMENT REPORT RECOMMENDING LONG LAKE (PLUMAS COUNTY) AND UPPER PIRU CREEK (VENTURA COUNTY) AS WILD TROUT WATERS.

OTHER

23.  ANNOUNCEMENT OF FUTURE MEETINGS.

 

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. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO LISTING, SOUTH OF SAN FRANCISCO.
    III. LINDY O’LEARY vs. CALIFORNIA FISH AND GAME COMMISSION RE: R.R.S.A.C. AND R.R.S.S. PERMIT DENIALS.
    IV. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
    V. ROBERT LARRY EDER, JUSTIN WESLEY YAGER AND BYRAN D. RANDALL vs. CALIFORNIA FISH AND GAME COMMISSION RE: DUNGENESS CRAB VESSEL PERMITS.
    VI. COALITION FOR SUSTAINABLE DELTA, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: SPORTFISH REGULATIONS AND TAKE OF LISTED SPECIES.
    VII. JAMES BUNN AND JOHN GIBBS vs. CALIFORNIA FISH AND GAME COMMISSION RE: SQUID PERMITS.
    VIII. CENTER FOR BIOLOGICAL DIVERSITY vs. CALIFORNIA FISH AND GAME COMMISSION RE: AMERICAN PIKA.
  B. POSSIBLE LITIGATION INVOLVING THE COMMISSION.
  C. STAFF PERFORMANCE AND COMPENSATION.
  D. RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND PERMIT ITEMS AND ADOPTION OF COMMISSION FINDINGS:
       

*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.