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April 8-9, 2009 Meeting Agenda

 
 
Meeting of
April 8, 2009  (Wednesday)
10:00 a.m.
**
Wine and Roses Country Garden Inn
Garden Ballroom
*
2505 W. Turner Road
Lodi

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.  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.  UPDATE ON MARINE LIFE PROTECTION ACT (MLPA) FOR NORTH CENTRAL COAST STUDY REGION.
  (A)  REGULATION TIMELINE AND CALIFORNIA ENVIRONMENTAL QUALITY ACT DOCUMENT.
  (B)  ESTIMATED COSTS AND ANTICIPATED FUND SOURCES.
  (Note: Public testimony will be limited to items 2.(A) and 2.(B) at this meeting. Public testimony regarding proposed regulations related to the North Central Coast Study Region is tentatively scheduled for the Commission's May 2009, meeting.)
3.

 RECEIPT AND POSSIBLE ACTION ON THE DEPARTMENT OF FISH AND GAME DRAFT NEGATIVE DECLARATION REGARDING DELISTING THE AMERICAN PEREGRINE FALCON.

 Motion and Vote

4.  UPDATE ON SMITH RIVER ISSUES AND MANAGEMENT.
5. (A)

 CONSIDERATION AND POSSIBLE ADOPTION OF FINDINGS ON THE PETITION TO DESIGNATE PACIFIC FISHER (Martes pennanti) AS AN ENDANGERED OR THREATENED SPECIES CANDIDATE.

 Motion and Vote 

  (B)

 CONSIDERATION AND POSSIBLE EMERGENCY ACTION TO ADD SECTION 749.5, TITLE 14, CCR, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF PACIFIC FISHER DURING CANDIDACY PERIOD.

 Motion and Vote 

6. SCOPING OF POSSIBLE DEPARTMENT AND COMMISSION 2009 UPLAND GAME REGULATION CHANGE PROPOSALS.
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 THE AUTOMATED LICENSE DATA SYSTEM.
  (C) STATUS UPDATE ON THE REPORT REGARDING LEVELS OF LEAD FOUND IN CALIFORNIA CONDORS DURING 2008. (Note: The Commission is required to issue this report by June 2009, pursuant to Section 3004.5 of the Fish and Game Code.)
  (D)  UPDATE ON AQUACULTURE.
  (E) RECEIPT OF DEPARTMENT TEMPLATE FOR STATE BOTTOM LEASE.
  (F) UPDATE ON ENFORCEMENT.
  (G) UPDATE ON PACIFIC FISHERY MANAGEMENT COUNCIL ISSUES.
  (H) 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. FISH AND GAME COMMISSION/DEPARTMENT OF FISH AND GAME WORKLOAD PLANNING AND COORDINATION.
13. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
14. NEW BUSINESS.

 

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. NATURAL RESOURCES DEFENSE COUNCIL, ET AL., vs. CALIFORNIA FISH AND GAME COMMISSION RE: CALIFORNIA CONDORS EXPOSURE TO LEAD AMMUNITION.
    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: