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Commissioners STATE OF CALIFORNIA
Edmund G. Brown, Jr., Governor
Sonke Mastrup, Executive Director
Michael Sutton, President
Monterey
Jack Baylis, Vice President
Los Angeles
Jim Kellogg, Member
Discovery Bay
Richard Rogers, Member
Santa Barbara
Jacque Hostler-Carmesin, Member
McKinleyville




Fish and Game Commission

CFG Logo

1416 Ninth Street, Room 1320
Box 944209
Sacramento, CA 94244-2090
(916) 653-4899
(916) 653-5040 Fax

www.fgc.ca.gov

 

MEETING AGENDA
December 3, 2014, 8:00 a.m.

Airtel Plaza Hotel
7277 Valjean Avenue, Van Nuys, CA

The meeting will be live streamed at www.cal-span.org

 

NOTE: Items may be heard in any order pursuant to the discretion of the presiding commissioner. See important information about Commission deadlines and procedures at the end of the agenda; the prime comment deadline is 5:00 pm on November 20.
1.

 RECEIPT, DISCUSSION, AND POSSIBLE ACTION FOR ITEMS PREVIOUSLY REFERRED TO COMMITTEES

 Motion and Vote

  (A)  NOVEMBER MEETING SUMMARY
  (B)  RECOMMENDATIONS FROM NOVEMBER MEETING
2.

 RECEIPT, DISCUSSION, AND POSSIBLE ACTION FOR ITEMS PREVIOUSLY REFERRED TO THE WILDLIFE RESOURCES COMMITTEE 

 Motion and Vote

  (A)  POTENTIAL JANUARY 2015 MEETING TOPICS
3.

 DISCUSSION AND POSSIBLE ACTION FOR ITEMS PREVIOUSLY REFERRED TO THE TRIBAL COMMITTEE

 Motion and Vote

4.

 POSSIBLE ADOPTION OF PROPOSED CHANGES TO SPORT FISHING REGULATIONS FOR 2015 (SECTION 1.45 ET AL., TITLE 14, CCR)

 Motion and Vote

5.

 POSSIBLE ADOPTION OF REGULATIONS TO PROHIBIT INDUCEMENTS FOR NONGAME MAMMAL AND FURBEARER HUNTING CONTESTS (SECTIONS 465 AND 472, TITLE 14, CCR)

 Motion and Vote

6.

 TRICOLORED BLACKBIRD

 Motion and Vote

 Motion and Vote 
 
 Return to Item 
  (A) RECEIPT OF PETITION FROM THE CENTER FOR BIOLOGICAL DIVERSITY TO LIST THE TRICOLORED BLACKBIRD (Agelaius tricolor) AS AN ENDANGERED SPECIES UNDER THE CALIFORNIA ENDANGERED SPECIES ACT
(PURSUANT TO SECTION 2073.3, FISH AND GAME CODE)
  (B) POSSIBLE ADOPTION OF EMERGENCY REGULATION TO ADD TRICOLORED BLACKBIRD (Agelaius tricolor) TO THE LIST OF ENDANGERED SPECIES
(PURSUANT TO SECTION 2076.5, FISH AND GAME CODE)
7.

 POSSIBLE ADOPTION OF PROPOSED CHANGES TO RECREATIONAL GROUNDFISH REGULATIONS FOR 2015 FOR CONSISTENCY WITH FEDERAL RULES (SECTION 1.91 ET AL., TITLE 14, CCR)

 Motion and Vote

8.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND PACIFIC HALIBUT SPORT FISHING REGULATIONS FOR 2015 FOR CONSISTENCY WITH FEDERAL RULES (SECTION 28.20, TITLE 14, CCR)

 Motion and Vote

9.  REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND REGULATIONS REGARDING SPORT FISHING BAG AND POSSESSION LIMITS FOR BLUEFIN TUNA FOR CONSISTENCY WITH FEDERAL RULES IN 2015 (SECTIONS 27.65 AND 28.38, TITLE 14, CCR)

 Motion and Vote

10.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND GENERAL AND OCEAN SALMON SPORT FISHING REGULATIONS

 Motion and Vote

  (A)  SEASON DATES, SIZE LIMITS AND DAILY BAG LIMITS FOR APRIL 2015, RECOVERING CODED-WIRE TAG FROM SALMON HEADS, AND OCEAN SALMON FISHERY CLOSURES AROUND RIVER MOUTHS
(SECTIONS 1.73 AND 27.75 AND SUBSECTION 27.80(c), TITLE 14, CCR)
  (B)  SEASON DATES, SIZE LIMITS AND DAILY BAG LIMITS FOR MAY-NOVEMBER 2015
(SUBSECTION 27.80(d), TITLE 14, CCR)
11.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND KLAMATH RIVER SALMON SPORT FISHING REGULATIONS
(SUBSECTIONS 7.50(b)(91.1) AND (b)(195), TITLE 14, CCR)

 Motion and Vote

12.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND CENTRAL VALLEY RIVER SALMON SPORT FISHING REGULATIONS
(SUBSECTIONS 7.50(b)(5), (68) AND (156.5), TITLE 14, CCR)

 Motion and Vote

13.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND MAMMAL HUNTING REGULATIONS (SECTIONS 360, 361, 362, 363, 364, 364.1, 702, 708.5, 708.11, 708.18 AND 713, TITLE 14, CCR)

 Motion and Vote

14.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO AMEND BOBCAT TRAPPING REGULATIONS
(PURSUANT TO SECTION 4155, FISH AND GAME CODE)

 Motion and Vote

15.

 REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE OF INTENT TO
AMEND REGULATIONS REGARDING AUTHORIZED METHODS OF TAKE
FOR WILDLIFE USING LEAD AMMUNITION – PHASING OUT THE USE OF
LEAD AMMUNITION
(PURSUANT TO SECTION 3004.5, FISH AND GAME CODE)

 Motion and Vote

16.

 DISCUSSION OF PROPOSED REGULATIONS FOR PETITIONING THE
COMMISSION TO CHANGE REGULATIONS (ADD SECTION 662, TITLE 14, CCR)

 CONSENT ITEMS  

 Motion and Vote

17. ADOPTION OF 2015 REGULATORY CALENDAR
18. APPROVAL OF AMENDMENT TO COMMISSION DESIGNATED WILD TROUT WATERS POLICY
19. RATIFICATION OF FINDINGS TO LIST CLEAR LAKE HITCH (Lavinia
exilicauda chi) AS A THREATENED SPECIES UNDER THE CALIFORNIA ENDANGERED SPECIES ACT (PURSUANT TO SECTION 2075.5, FISH AND GAME CODE)
20. APPROVAL OF THE DEPARTMENT’S REQUEST FOR A SIX MONTH EXTENSION TO COMPLETE THE STATUS REPORT AND PEER REVIEW PROCESS FOR THE PETITION TO LIST THE NORTHERN SPOTTED OWL (Strix occidentalis caurina) AS A THREATENED OR ENDANGERED SPECIES UNDER THE CALIFORNIA ENDANGERED SPECIES ACT (PURSUANT TO SECTION 2074.6, FISH AND GAME CODE)
21.  APPROVAL OF THE DEPARTMENT’S REQUEST FOR A SIX MONTH
EXTENSION TO COMPLETE THE STATUS REPORT AND PEER REVIEW
PROCESS FOR THE PETITION TO LIST THE TOWNSEND’S BIG-EARED
BAT (Corynorhinus townsendii) AS A THREATENED OR ENDANGERED
SPECIES UNDER THE CALIFORNIA ENDANGERED SPECIES ACT
(PURSUANT TO SECTION 2074.6, FISH AND GAME CODE)
22.  RECEIPT OF THE DEPARTMENT’S EVALUATION OF THE PETITION TO LIST THE FLAT-TAILED HORNED LIZARD (Phrynosoma mcallii) AS ENDANGERED UNDER THE CALIFORNIA ENDANGERED SPECIES ACT (PURSUANT TO SECTION 2073.5, FISH AND GAME CODE)
23. RECEIPT OF NATURAL SCIENCES, LLC APPLICATION TO LEASE KELP BEDS 102, 103, 107, AND 108 AT SAN CLEMENTE AND SAN NICOLAS ISLANDS, AND HARVEST PLAN TO MECHANICALLY HARVEST IN
LEASED AND OPEN BEDS IN SOUTHERN CALIFORNIA
24.

 APPROVAL OF APPLICATION FROM MR. GEIR NILSEN TO TRANSFER HALIBUT BOTTOM TRAWL VESSEL PERMIT (BT0023) UPON THE SALE OF THE F/V SEA BIRD (FG12744)

25. PERMANENT REVOCATION OF SPORT FISHING PRIVILEGES FOR LANH THI NGUYEN TRAN, ELK GROVE
26. APPROVAL OF REQUEST FROM CHRISTINE ALLEN (EXECUTOR OF THE ESTATE OF THOMAS L. PTAK) TO EXTEND THE TIME TO TRANSFER MR. THOMAS L. PTAK’S TRANSFERABLE NEARSHORE FISHERY PERMIT AND NEARSHORE FISHERY TRAP ENDORSEMENT UNTIL DECEMBER 15, 2015
27.  ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION
28.

 RECEIPT AND POSSIBLE APPROVAL OF KELP HARVESTING PLANS REQUIRED FOR MECHANICAL HARVEST OF KELP
(PURUSANT TO SECTION 165(a)(6), TITLE 14, CCR):

 Motion and Vote

(A) THE ABALONE FARM, INC
  (B) THE CULTURED ABALONE FARM, LLC
29.

 RECEPT AND POSSIBLE ACTION ON DEPARTMENT REQUEST TO AMEND SANTA BARBARA MARICULTURE STATE WATER BOTTOM LEASE #M-653-02 IN SANTA BARBARA, TO CORRECT BOUNDARIES AND EXTEND LEASE PERIOD FOR ONE YEAR

 Motion and Vote

30.  RECEIPT AND POSSIBLE ACTION ON REQUEST BY COVE MUSSEL COMPANY TO SUBLEASE A PORTION OF STATE WATER BOTTOM LEASE #M-430-06 IN TOMALES BAY TO CHRISTOPHER STARBIRD 
31.

 PRESENTATION AND POTENTIAL ENDORSEMENT OF THE OCEAN PROTECTION COUNCIL’S MARINE PROTECTED AREAS PARTNERSHIP PLAN

 Motion and Vote

32.  NEW BUSINESS
  (A) DISCUSSION OF IDEAS TO CLARIFY POSSESSION LIMITS WHEN LAWFULLY PROCESSING GAME BIRDS AND GAME MAMMALS INTO FOOD (SECTION 3080, FISH AND GAME CODE)
33.

 ITEMS OF INTEREST FROM PREVIOUS MEETINGS

 Motion and Vote

  (A)

POSSIBLE ACTION ON PETITIONS FOR REGULATORY CHANGE RECEIVED AT THE OCTOBER 2014 MEETING (summary of requests will be posted at fgc.ca.gov/meetings/2014 about November 26, 2014)

  (B) POSSIBLE ACTION ON NON-REGULATORY REQUESTS RECEIVED AT THE OCTOBER 2014 MEETING (summary of requests will be posted at fgc.ca.gov/meetings/2014 about November 26, 2014)
34.

 DISCUSSION AND POSSIBLE ACTION ON FUTURE MEETING ITEMS

  (A) NEXT MEETING – FEBRUARY 11-12, 2015, IN SACRAMENTO
35.  DEPARTMENT INFORMATIONAL ITEMS
  (A) DIRECTOR’S REPORT
  (B) WILDLIFE AND FISHERIES DIVISION, AND ECOSYSTEM CONSERVATION DIVISION
  (C) LAW ENFORCEMENT DIVISION
  (D) MARINE
  (E) OTHER
36.  PUBLIC FORUM
Any member of the public may address the Commission regarding 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. Submitting 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 in the time allocated by the presiding commissioner.
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

  1. BIG CREEK LUMBER COMPANY AND CENTRAL COAST FOREST ASSOC. vs. CALIFORNIA FISH AND GAME COMMISSION (COHO LISTING, SOUTH OF SAN FRANCISCO)
  2. JAMES BUNN AND JOHN GIBBS vs. CALIFORNIA FISH AND GAME COMMISSION (SQUID PERMITS)
  3. CENTER FOR BIOLOGICAL DIVERSITY AND EARTH ISLAND INSTITUTE vs. CALIFORNIA FISH AND GAME COMMISSION (BLACK-BACKED WOODPECKER)


(B) POSSIBLE LITIGATION INVOLVING THE COMMISSION

(C) STAFF PERFORMANCE AND COMPENSATION

(D) RECEIPT OF HEARING OFFICER RECOMMENDATIONS ON LICENSE AND    PERMIT ITEMS

  1. MR. TAM VAN TRAN - REVOKE SPORT FISHING PRIVILEGES
  2. MR. DENNIS STURGELL - REVOKE DUNGENESS CRAB VESSEL PERMIT (CT0544-T1)

 

2015 FISH AND GAME COMMISSION
MEETING SCHEDULE
www.fgc.ca.gov

MEETING DATE COMMISSION MEETING COMMITTEE MEETING
January 14   Wildlife Resources
Sacramento-San Joaquin Delta
Conservancy
1450 Halyard Drive, Suite 6
West Sacramento, CA 95691
February 11-12  Resources Building
1416 Ninth Street
First Floor Auditorium
Sacramento, CA 95814

March 4   Marine Resources
Monterey County Library
Marina Branch
190 Seaside Circle
Marina, CA 93933
March 16 Special Meeting
(teleconference)--
Location and Time TBD
 
April 7   Tribal Committee
Santa Rosa
April 8-9 Santa Rosa  
April 17 Special Meeting
(teleconference)-
Location and Time TBD
 
May 6   Wildlife Resources
Department of Transportation
(CalTrans)
Conference Room 01.037
100 South Main Street
Los Angeles, CA 90012
June 9   Tribal Committee
Mammoth Lakes
June 10-11 Mammoth Lakes  
July 8   Marine Resources
North Coast
August 4-5 Fortuna  
September 9   Wildlife Resources
Central California
October 6   Tribal Committee
Ventura
October 7-8 Ventura  
November 4   Marine Resources
Southern California
December 9-10 San Diego  

OTHER MEETINGS OF INTEREST

Western Association of Fish and Wildlife Agencies
• January 8-11, Las Vegas, NV
• July 16-22, Reno, NV

Pacific Fishery Management Council

• March 7-12, Vancouver, WA
• April 11-16, Rohnert Park, CA
• June 12-17, Spokane, WA
• September 11-16, Sacramento, CA
• November 14-19, Garden Grove, CA

Wildlife Conservation Board – Dates unknown at this time


Pacific Flyway Council

• March 10, Omaha, NE
• July 24, TBD

 


IMPORTANT COMMISSION MEETING INFORMATION

WELCOME TO A MEETING OF THE CALIFORNIA FISH AND GAME COMMISSION
This is the 144th year of operation of the Commission in partnership with the California Department of Fish and Wildlife. Our goal is conserving our natural resources through informed decision making; Commission meetings are vital in achieving that goal. In that spirit, we provide the following information to be as effective and efficient toward that end. Welcome and please let us know if you have any questions.

PERSONS WITH DISABILITIES

Persons with disabilities needing reasonable accommodation to participate in public meetings or other Commission activities are invited to contact the Reasonable Accommodation Coordinator at (916) 651-1214. Requests for facility and/or meeting accessibility should be received at least 10 working days prior to the meeting to ensure the request can be accommodated.

SUBMISSION OF WRITTEN MATERIALS. The public is encouraged to comment on any item on the agenda. To allow the Commission to consider written comments prior to the meeting, please submit them no later than ten (10) days prior to the meeting. You may submit your comments by one of the following methods (only one is necessary): E-mail to fgc@fgc.ca.gov, fax to (916) 653-5040, or U.S. mail to Fish and Game Commission, 1416 Ninth Street, Room 1320, Sacramento, CA 95814; or hand-deliver to a commission meeting.

Written comments received at the Commission office by 5:00 pm on November 20 will
be made available to Commissioners prior to the meeting. Comments received by 12
noon on November 26 will be marked late and made available to Commissioners at
the meeting. Otherwise, 12 copies of written comments must be brought to the meeting.
All materials provided to the Commission may be made available to the general public

PETITIONS FOR REGULATORY CHANGE AND NON-REGULATORY REQUESTS
All petitions for regulatory change and non-regulatory requests will follow a two-meeting cycle to ensure proper review and thorough consideration of each item. All requests submitted by noon on November 26 (or heard during public forum at the meeting) will be scheduled for receipt at this meeting, and scheduled for consideration at the next business meeting.

VISUAL PRESENTATIONS/MATERIALS
PowerPoint presentations must be provided by email or delivered to the Commission office on a USB flash drive by noon on November 26. All electronic formats must be Windows PC compatible. A data projector, laptop and presentation mouse will be available for use at the meeting.

CONSENT CALENDAR
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.

LASER POINTERS may only be used by a speaker during a presentation; use by others at any time may result in arrest.

SPEAKING AT THE MEETING
To speak on an agenda item, please complete a “Speaker Card" and give it to the designated staff member before the agenda item is announced. Cards will be available near the entrance of the meeting room. Only one speaker card is necessary for speaking to multiple items.

  1. Speakers will be called in groups; please line up when your name is called. 
  2. When addressing the Commission, provide your name and the name of any
    organization you represent, and provide your comments on the item under
    consideration.
  3. Each speaker has three minutes to address the Commission, however, time may be
    adjusted at the discretion of the presiding commissioner. If there are several
    speakers with the same concerns, please appoint a spokesperson and avoid
    repetitive testimony.
  4. Speakers may cede their time to an individual spokesperson, but only under the
    following conditions:
    1. Individuals ceding time forfeit their right to speak to the agenda item;
    2. The minimum number of individuals required to cede time to a spokesperson
      and the amount of time allocated are arranged in advance with the presiding
      commissioner.
  5. If you are presenting handouts/written material to the Commission at the meeting,
    please provide 12 copies to the designated staff member just prior to speaking.