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State of California

THE FISH AND GAME COMMISSION

 

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February 5, 2009 Meeting Agenda

 
 
Meeting of
February 5, 2009 (Thursday)
9:00 a.m.
**
East End Complex
Auditorium*
1500 Capitol Avenue

Sacramento

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.

 ELECTION OF OFFICERS AND POSSIBLE ACTION ON SUBCOMMITTEE ASSIGNMENTS.

 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.  DISCUSSION OF NEW FILM DOCUMENTARY TITLED: "ENDANGERED SPECIES: CALIFORNIA FISH AND GAME WARDENS," BY JAMES A. SWAN, PH.D., C.E.O., SNOW GOOSE PRODUCTIONS.
4.

 CONSIDERATION AND POSSIBLE ACTION RELATED TO IMPACTS TO COMMISSION AND DEPARTMENT PROGRAMS AND OPERATIONS DUE TO THE STATE'S FISCAL CRISIS.

 Motion and Vote

5.

 CONSIDERATION AND POSSIBLE ACTION ON STAFF RECOMMENDATION TO REDUCE EXPENSES BY MOVING 2009 COMMISSION MEETINGS TO THE SACRAMENTO AREA.

 Motion and Vote

6.  UPDATE ON STATEWIDE LEAD BULLET/SHOT TOXICITY IMPACTS TO WILDLIFE, INCLUDING GAME BIRDS AND RAPTORS, AND COMPLIANCE WITH REGULATIONS CONCERNING THE USE OF NONLEAD BULLETS IN CALIFORNIA CONDOR HABITAT.
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 REGARDING SMITH RIVER.
  (C)  UPDATE ON HAGFISH FISHERY AND THE EXPERIMENTAL GEAR PERMIT PROCESS.
  (D)  UPDATE ON ENFORCEMENT.
  (E)  OTHER.
9. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
  (A)  UPDATE ON MARINE LIFE PROTECTION ACT (MPA) REGULATION TIMELINE FOR NORTH CENTRAL COAST STUDY REGION. (Note: Public testimony will be limited to the regulatory timeline at this meeting. Public testimony regarding proposed regulations related to the North Central Coast MPA's is tentatively scheduled for March 2009.)
  (B)  UPDATE ON WESTERN ASSOCIATION OF FISH AND WILDLIFE AGENCIES.
  (C)  REPORT ON COUNTY FISH AND GAME ASSOCIATION CONFERENCE.
10 SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
  (A)  MARINE RESOURCES COMMITTEE.
   

I.   POSSIBLE ADOPTION OF MRC PRIORITIES.

 Motion and  Vote

  (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. (A)

 DISCUSSION AND POSSIBLE ACTION TO SET ASIDE COMMISSION ACTION OF OCTOBER 22, 2004, REJECTING THE PETITION TO LIST THE CALIFORNIA TIGER SALAMANDER (Amybstoma californiense) AS AN ENDANGERED SPECIES; THEREBY ACCEPTING THE PETITION, PURSUANT TO JUDICIAL RULINGS IN Center for Biological Diversity v. California Fish and Game Commission California Third District Court of Appeal Case No. C055059, Sacramento Superior Court, Case No. 05CS0233.

 Motion and  Vote 

  (B)

 CONSIDERATION AND POSSIBLE EMERGENCY ACTION TO ADD SECTION 749.4, TITLE 14, CCR, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF CALIFORNIA TIGER SALAMANDER DURING CANDIDACY PERIOD.

 Motion and  Vote

16. (A)

 CONSIDERATION AND POSSIBLE ADOPTION/RATIFICATION OF COMMISSION FINDINGS TO DELIST THE CALIFORNIA BROWN PELICAN (Pelecanus occidentalis californicus) AS AN ENDANGERED SPECIES, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UPDATE.

 Motion and Vote

  (B)

CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 670.5, TITLE 14, CCR, TO REMOVE THE CALIFORNIA BROWN PELICAN (Pelecanus occidentalis californicus) FROM THE LIST OF ENDANGERED SPECIES.

 Motion and Vote

17.

 RECEIPT OF DEPARTMENT PROPOSALS FOR TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2009-2010 MAMMAL HUNTING REGULATIONS AND REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO MAKE TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES. (Note: Discussion hearings are scheduled for March 2009 and April 2009. Public comments and adoption of Department proposals are scheduled for the Commission's May 2009, meeting. Note: No public recommendations will be received this year. Public recommendations for changes in the Mammal Hunting and Trapping Regulations are considered every three years. Any recommendation received after the regulation adoption process in April 2007, will be considered at the Commission's February 2010, meeting.)

 Motion and  Vote

18.

 PURSUANT TO SECTION 2074.6 OF THE FISH AND GAME CODE, RECEIPT OF THE DEPARTMENT OF FISH AND GAME STATUS REPORT AND RECOMMENDATION ON THE PETITION TO LIST THE LONGFIN SMELT (Spirinchus thaleichtyys) UNDER THE CALIFORNIA ENDANGERED SPECIES ACT.

 19. (A)

 POSSIBLE ACTION TO AFFIRM OR RECONSIDER THE COMMISSION'S PRIOR DECISION REJECTING THE PETITION TO DESIGNATE PACIFIC FISHER (Martes pennanti) AS A CANDIDATE SPECIES FOR LISTING UNDER THE CALIFORNIA ENDANGERED SPECIES ACT (CESA).

 Motion and  Vote

A copy of the Department of Fish and Game's memorandum to the Commission on this issue is posted at http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=10281.

  (B) POSSIBLE ADOPTION OF FINDINGS. (In the event that the Commission affirms its prior decision of rejecting the petition.)
     

 CONSENT CALENDAR 

 Motion and Vote 

Any item may be removed from the consent calendar by the Commission or upon the request of the Department or someone in the audience who would like to speak to that item.

20. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SUBSECTION (b)(91.1) OF SECTION 7.50, TITLE 14, CCR, RE: KLAMATH-TRINITY SPORT FISHING REGULATIONS. (Note: The discussion hearing is scheduled for March 2009.)
21. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTIONS 7.00 AND 7.50, TITLE 14, CCR, RE: CENTRAL VALLEY SPORT FISHING REGULATIONS. (Note: The discussion hearing is scheduled for March 2009.)
22.  REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 27.80, TITLE 14, CCR, RE: OCEAN SALMON SPORT FISHING REGULATIONS. (Note: The discussion hearing is scheduled for March 2009.)
23. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SUBSECTION (b)(178) OF SECTION 7.50, TITLE 14, CCR, RE: SILVER KING CREEK SPORT FISHING REGULATIONS. (Note: The discussion hearing is scheduled for March 2009.)
24. POSSIBLE CONFIRMATION AND ADOPTION OF COMMISSION'S NOVEMBER 14, 2008, ACTION TO AMEND SECTION 27.20 ET AL, TITLE 14, CCR, RE: 2009-2010 RECREATIONAL GROUNDFISH FISHING.
25. RECEIPT OF DEPARTMENT'S TENTATIVE RECOMMENDATIONS FOR ANTLERLESS/EITHER-SEX DEER HUNTS FOR 2009.
26.  PROPOSED 90- DAY EXTENSION OF EXISTING HOG ISLAND MARICULTURE LEASE #M430-12 TO ALLOW DEPARTMENT AND COMMISSION REVIEW OF STANDARD SHELLFISH LEASE LANGUAGE, RENT, AND TERMS.
27. REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF COMMISSION INTENT TO AMEND SECTION 124, TITLE 14, CCR, RE: HALIBUT TRAWLING. (Note: The discussion hearing is scheduled for March 2009.)
28. 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.

OTHER

29.  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. SAN LUIS AND DELTA-MENDOTA WATER AUTHORITY AND WESTLAND WATER DISTRICT; STATE WATER CONTRACTORS; KERN COUNTY WATER AGENCY; AND (OTHER REAL PARTIES IN INTEREST) vs. CALIFORNIA FISH AND GAME COMMISSION RE: LONGFIN SMELT.
  II. CENTER FOR BIOLOGICAL DIVERSITY vs. CALIFORNIA FISH AND GAME COMMISSION RE: TIGER SALAMANDER.
  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. 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:
  I. HERBERT O'HARA, LATE RENEWAL OF HERRING PERMIT NO. DH-435 SF.

*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.