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November 4-5, 2009 Meeting Amended Agenda

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Meeting of
November 4, 2009 (Wednesday)
10:00 a.m.
**
Yolo Fliers Club
Ballroom*
17980 County Road 94B
Woodland

ALL MEETINGS OPEN TO THE PUBLIC

NOTE: Commissioner Richard Rogers may participate via teleconference, which will be audible to the public at the Yolo Fliers Club Ballroom and at the Department of Fish and Game’s Santa Barbara Field Office and Laboratory, 1933 Cliff Drive, Suite 9, Santa Barbara, CA 93109.

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. The issue to be discussed should not be related to any item on the current agenda. As a general rule, action cannot be taken on issues not listed on the agenda. At the discretion of the Commission, staff may be requested to follow up on such items. 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.  SCOPING FOR 2010 REGULATORY CALENDAR AND POSSIBLE REGULATORY PROPOSALS.
3.

 CONSIDERATION OF AMENDMENT OF THE COMMISSION'S POLICY ON WILD TROUT WATERS TO ADD UPPER STONY CREEK, INCLUDING TRIBUTARIES, UPSTREAM FROM MINE CAMP CAMPGROUND (COLUSA, GLENN AND LAKE COUNTIES) TO THE LIST OF WILD TROUT WATERS AND TO THE LIST OF HERITAGE TROUT WATERS, AND TO ADD LOWER HONEYMOON LAKE (FRESNO COUNTY) TO THE LIST OF WILD TROUT WATERS.

 Motion and Vote

4.

 POSSIBLE ADOPTION OF PROPOSED MEETING DATES AND LOCATIONS FOR 2010.

 Motion and Vote

5.

 PURSUANT TO FISH AND GAME CODE SECTION 2084, CONSIDERATION AND POSSIBLE EMERGENCY ACTION TO RE-ADOPT SECTION 749.4, TITLE 14, CCR, FOR AN ADDITIONAL 90 DAY PERIOD, RE: SPECIAL ORDER RELATING TO INCIDENTAL TAKE OF CALIFORNIA TIGER SALAMANDER DURING CANDIDACY PERIOD.

 Motion and  Vote 

6. (A)

 CONSIDERATION AND POSSIBLE APPROVAL OF STATE WATER BOTTOMS LEASE TEMPLATE.

 

  (B)

REQUEST OF JOHN FINGER, HOG ISLAND OYSTER COMPANY, FOR LEASE RENEWAL OR EXTENSION OF STATE WATER BOTTOM LEASE NO. M-430-12, MARIN COUNTY.

 Motion and Vote

  (C)

REQUEST OF MICHAEL TOUSSAINT, MARIN OYSTER COMPANY, FOR LEASE RENEWAL OR EXTENSION OF STATE WATER BOTTOM LEASE NO. M‑430-02, MARIN COUNTY.

 Motion and Vote

  (D)
REQUEST OF MARTIN STRAIN, POINT REYES OYSTER COMPANY, FOR LEASE RENEWAL OR EXTENSION OF STATE WATER BOTTOM LEASE NO. M-430-14, MARIN COUNTY. 
 
 Motion and Vote
7.  RECEIPT OF LEGISLATIVE REPORTS.
  (A) DEPARTMENT OF FISH AND GAME REPORT.
  (B)  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)  OVERVIEW OF THE LICENSE AND REVENUE BRANCH AND DEMONSTRATION OF THE AUTOMATED LICENSE DATA SYSTEM.
(C)  UPDATE ON ENFORCEMENT.
  (D)  OTHER.
9. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
  (A)  CALIFORNIA BIODIVERSITY COUNCIL MEETING UPDATE.
  (B)  UPDATE ON CHANGES TO FEDERAL FALCONRY REGULATIONS.
  (C)

 OTHER.

 

10. SUBCOMMITTEE REPORTS AND RECOMMENDATIONS.
  (A)  MARINE RESOURCES COMMITTEE.
    1.  SCOPING FOR POSSIBLE REGULATORY CHANGES TO THE COMMERCIAL ROCK CRAB FISHERY.
  (B)  AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE.
  (C)  AQUACULTURE COMMITTEE.
11.  RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
12.  RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
13.  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. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION RE: COHO LISTING, SOUTH OF SAN FRANCISCO.
  II. LINDY O'LEARY vs. CALIFORNIA FISH AND GAME COMMISSION RE: R.R.S.A.C. AND R.R.S.S. PERMIT DENIALS.
  III. JAMES BUNN AND JOHN GIBBS vs. CALIFORNIA FISH AND GAME COMMISSION RE: SQUID PERMITS.
  IV. KERN COUNTY WATER AGENCY vs. CALIFORNIA FISH AND GAME COMMISSION, DEPARTMENT OF FISH AND GAME, DEPARTMENT OF WATER RESOURCES RE: STATE WATER PROJECT AND CALIFORNIA ENDANGERED SPECIES ACT.
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. TANYA BAIN, DENIAL OF 2008 APPLICATION TO RENEW RESTRICTED SPECIES ANIMAL CARE -WELFARE SPECIES PERMIT AND APPLICATION FOR A RESIDENT EXHIBITING PERMIT TO EXHIBIT AND POSSESS TWO WALLABIES.
     

FIELD TRIP: November 5, 2009 at 8:00 a.m. at the Conaway Ranch, 45332 County Road 25, Woodland. The public is invited to attend, but must provide its own transportation.
Meeting of
November 5, 2009 (Thursday)
9:30 a.m.
Yolo Fliers Club
Ballroom
17980 County Road 94B
Woodlan
d

DISCUSSION ITEMS

NOTE : Items may be heard on either day and in any order pursuant to the determination of the Commission President.
14. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.
15. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO THE TRIENNIAL SPORT FISHING REGULATIONS FOR 2010-2012. (Note: Written comments mailed, faxed or e-mailed to the Commission office and to be considered at this meeting, must be received before 5:00 p.m. on November 2, 2009 . The adoption hearing is scheduled for December 10, 2009, at the Radisson Hotel at Los Angeles Airport, 6225 West Century Blvd., Los Angeles.)
16. STATUS UPDATE AND POSSIBLE COMMISSION ACTION TO CLARIFY CONTENTS OF THE AMENDED INITIAL STATEMENT OF REASONS ON PROPOSED ADDITION OF SECTION 681, TITLE 14, CCR, RE: HYBRID ANIMALS AND PLANTS. (Note: The adoption hearing will be scheduled for spring 2010 and will be announced at a later meeting.)
17. STATUS UPDATE AND POSSIBLE COMMISSION ACTION TO CLARIFY CONTENTS OF THE AMENDED INITIAL STATEMENT OF REASONS ON PROPOSED CHANGES TO SECTIONS 671, 671.1, 671.7 AND 703, TITLE 14, CCR, RE: NEW RESTRICTED SPECIES PERMITS AND REQUIREMENTS.

CONSENT CALENDAR

18.

 CONSIDERATION AND POSSIBLE ADOPTION OF PROPOSED AMENDMENTS TO SECTION 155, TITLE 14, CCR, RE: COMMERCIAL TAKE OF WHITE SEABASS. (Note: Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on November 2, 2009. All comments must be received no later than November 5, 2009, at the hearing in Woodland.)

 Motion and Vote

OTHER

19. COMMISSION FOLLOW-UP, MEETING REVIEW, AND STAFF DIRECTION.
20. ANNOUNCEMENT OF FUTURE MEETINGS.

 

                                          
 
***Agenda Amended 10/23/09 to add item 6D

*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.