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Valerie Termini, Executive Director

Eric Sklar, President

Edmund G. Brown Jr., Governor

1416 Ninth Street, Room 1320

Saint Helena


Sacramento, CA 95814

Jacque Hostler-Carmesin, Vice President

Fish and Game Commission

(916) 653-4899

Anthony C. Williams, Member



Huntington Beach



Russell E. Burns, Member






Peter S. Silva, Member






Wildlife Heritage and Conservation

Since 1870


December 6-7, 2017

Handlery Hotel San Diego

950 Hotel Circle North, San Diego, CA 92108

The meeting will be live streamed at

*This agenda is revised to add a new agenda item 21, with subsequent items renumbered; agenda items 13(A), 25(B), and 28(B) are revised.

NOTE: See important meeting deadlines and procedures at the end of the agenda. Unless otherwise indicated, the California Department of Fish and Wildlife is identified as Department.

DAY 2 – DECEMBER 7, 2017, 8:30 AM

 Call to order/roll call to establish quorum

17. Public forum for items not on agenda

The Commission may not discuss or take action on any matter raised during this item, except to decide whether to place the matter on the agenda of a future meeting. (Sections 11125, 11125.7(a), Government Code)


18. Receive and approve request to transfer California Halibut Bottom Trawl Vessel Permit No. BT0010 for F/V San Giovanni (FG06337) from Billie Elaine Pennisi to Elizabeth Pennisi-Nozicka

(Pursuant to Fish and Game Code Section 8494)

19. Approve lease for The Cultured Abalone Farm, LLC to harvest kelp in Bed No. 26 (leasing of the kelp bed was previously approved by the Commission)

(Pursuant to Fish and Game Code Section 6700)

 Motion and Vote 

20. Marine Resources Committee

(A)     November 2017 meeting summary

I.Receive and adopt recommendations

(B)     Work plan development

I.Update on work plan and draft timeline

II.Discuss and approve new topics

 Motion and Vote 

21. Department update on development of a red abalone fishery management plan (Pursuant to Fish and Game Code Section 7075, et seq.)

22. Adopt proposed changes to recreational abalone regulations (Section 29.15, Title 14, CCR)

 Motion and  Vote

23. Adopt proposed changes to commercial sea urchin regulations (Sections 120.7 and 705, Title 14, CCR)

 Motion and Vote 

24. Update on process to auto-conform state recreational fishing regulations to federal regulations pursuant to Section 1.95

(Section 1.95, Title 14, CCR)

(A)Recreational ocean salmon fishing for April 2018

(B)Recreational ocean salmon fishing for May-November 2018

(C)Recreational Pacific halibut fishing

25. Santa Barbara Mariculture

(A)Update on application for new state water bottom lease for aquaculture adjacent to existing State Water Bottom Lease No. M-653-02

(B)Approve extension of State Water Bottom Lease No. M-653-02 for six months 

 Motion and Vote 

26. Discussion of recent action by the Department director to close commercial spiny lobster fishery near Santa Cruz Island and Anacapa Island due to elevated levels of domoic acid

(Pursuant to Subsection 5523(a)(2), Fish and Game Code)

27. Marine items of interest from previous meetings

(A)Staff report regarding domoic acid levels in razor clams and Dungeness crab


28. Marine petitions for regulation change from previous meetings

(A)Action on petitions for regulation change

I.Petition No. 2017-010 Nearshore trap endorsements

(B)Action on pending regulation petitions referred to staff and the Department for review

I.Petition No. 2017-005 Non-transferable pink shrimp trawl permits

 Motion and Vote 

29. Marine non-regulatory requests from previous meetings

(A)Action on non-regulatory requests

(B)Action on non-regulatory requests referred to staff and the Department for review – none scheduled at this time

 Motion and Vote 

30. Department informational items (marine)

(A)Director’s report

(B)Marine Region

31. Other informational items

(A)Staff report

(B)Legislative update and possible action


32. Discuss and act on Commission administrative items

(A)Next meetings

(B)Rulemaking timetable updates and 2018 rulemaking calendar

(C)New business


 Motion and Vote 



(Not Open to Public)

Pursuant to the authority of Government Code Section 11126(a)(1), (c)(3), 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.California Fish and Game Commission v. Central Coast Forest Assoc. and Big Creek Lumber Company (Coho listing, south of San Francisco)

II.Keith Robert Walker vs. Kamala Harris et al. (suction dredging)

III.Dennis Sturgell v. California Fish and Game Commission, California Department of Fish and Wildlife, and Office of Administrative Hearings (revocation of Dungeness crab vessel permit No. CT0544-T1)


Kele Young v. California Fish and Game Commission, et al. (restricted species


inspection fee waiver)

V.California Cattlemen’s Association and California Farm Bureau Federation v. California Fish and Game Commission (gray wolf listing)


Tri-State Crab Producers Assoc v. California Department of Fish and Wildlife,


California Fish and Game Commission (Dungeness Crab “Fair Start” provision in


Section 8279.1 of the Fish and Game Code).


Center for Biological Diversity and Project Coyote/Earth Island Institute v.


California Fish and Game Commission and California Department of Fish and


Wildlife (trapping fees)

(B)Possible litigation involving the Commission


I.Executive director performance review

(D)Deliberation and action on license and permit items

I.Take action on the accusation against Pacific Star Sportfishing, LLC, regarding suspension of a commercial passenger fishing vessel license

II.Take action on the accusation against Minyong Chung regarding revocation of a sport fishing license

III.Take action on the accusation against Gerald Wetle regarding suspension of a commercial fishing license


Take action on the appeals by Robert Bertucci regarding Department denials of


permit reinstatement requests for F/V Soup Fin II (FG30832) and for F/V


Jeannise Louella (FG41524).




Note: As meeting dates and locations can change, please visit for the most current list of meeting dates and locations.


Meeting Date


Commission Meeting

Committee Meeting










Wildlife Resources





Justice A. Rattigan State Building


January 11



50 D Street





Conf. Room 410 (4th Floor)





Santa Rosa, CA 95404










Resources Building


February 6



Auditorium, First Floor





1416 Ninth Street





Sacramento, CA 95814




Resources Building



February 7-8


Auditorium, First Floor




1416 Ninth Street









Sacramento, CA 95814






Marine Resources





Justice A. Rattigan State Building


March 6



50 D Street





Conf. Room 410 (4th Floor)





Santa Rosa, CA 95404




Teleconference — Arcata, Napa,



March 15


Sacramento, Los Alamitos, and





San Diego





Teleconference — Arcata, Napa,



April 12


Sacramento, Los Alamitos and





San Diego



April 18-19












Wildlife Resources





WestEd Building


May 17



Edwin C. Myers Classroom





4665 Lampson Ave.





Los Alamitos, CA 90720










Resources Building


June 19



Auditorium, First Floor





1416 Ninth Street





Sacramento, CA 95814




Resources Building



June 20-21


Auditorium, First Floor




1416 Ninth Street









Sacramento, CA 95814




Marine Resources


California Department of Parks and



July 17

Orange Coast District Office


Training Room


3030 Avenida del Presidente


San Clemente, CA 92672

August 22-23

North Coast


Wildlife Resources


Resources Building

September 20

Auditorium, First Floor


1416 Ninth Street


Sacramento, CA 95814

October 16


San Joaquin Valley


October 17-18

San Joaquin Valley




Marine Resources


Resources Building

November 14

Auditorium, First Floor


1416 Ninth Street


Sacramento, CA 95814

December 12-13

Los Angeles or San Diego


Association of Fish and Wildlife Agencies

September 9-12, Tampa, FL

Pacific Fishery Management Council

March 7-14, Rohnert Park, CA

April 4-11, Portland, OR

June 6-14, Spokane, WA

September 5-12, Seattle, WA

November 1-8, San Diego, CA

Pacific Flyway Council

March 27, Norfolk, VA

August, TBD

Western Association of Fish and Wildlife Agencies

January 4-7, San Diego, CA

July 12-17, Eugene, OR


Wildlife Conservation Board

February 22, Sacramento, CA

March 22, Sacramento, CA

May 24, Sacramento, CA

August 30, Sacramento, CA

November 15, Sacramento, CA



WELCOME TO A MEETING OF THE CALIFORNIA FISH AND GAME COMMISSION This is the 147th year of operation of the Commission in partnership with the California Department of Fish and Wildlife. Our goal is the preservation of our heritage and conservation of 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 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.


To receive meeting agendas and regulatory notices about those subjects of interest to you, please visit the Commission’s website,, to sign up on our electronic mailing lists.


The public is encouraged to comment on any agenda item. Submit written comments by one of the following methods: E-mail to to Fish and Game Commission, 1416 Ninth Street, Room 1320, Sacramento, CA 95814; or hand-deliver to a Commission meeting. Materials provided to the Commission may be made available to the general public.


The Written Comment Deadline for this meeting is 5:00 p.m. on November 22, 2017Written comments received at the Commission office by this deadline will be made available to Commissioners prior to the meeting.

The Late Comment Deadline for this meeting is noon on December 1, 2017Comments received by this deadline will be marked “late” and made available to Commissioners at the meeting.

After these deadlines, written comments may be delivered in person to the meeting – Please bring ten (10) copies of written comments to the meeting.


All non-regulatory requests will follow a two-meeting cycle to ensure proper review and thorough consideration of each item. All requests submitted by the Late Comment Deadline (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.


Any person requesting that the Commission adopt, amend, or repeal a regulation must complete and submit form FGC 1, titled, “Petition to the California Fish and Game Commission for Regulation Change” (as required by Section 662, Title 14, CCR). The form is available at To be received by the Commission at this meeting, petition forms must have been delivered by the Late


Comment Deadline (or delivered during public forum at the meeting) and will be scheduled for consideration at the next business meeting, unless the petition is rejected under staff review pursuant to subsection 662(b), Title 14, CCR.


All electronic presentations must be submitted by the Late Comment Deadline and approved by the Commission executive director before the meeting.

1.Electronic presentations must be provided by email to

2.All electronic formats must be Windows PC compatible.

3.It is recommended that a print copy of any electronic presentation be submitted in case of technical difficulties.

4.A data projector, laptop and presentation mouse will be available for use at the meeting.


A summary of all items will be available for review at the meeting. Items on the consent calendar are generally non-controversial items for which no opposition has been received and will be voted upon under single action without discussion. Any item may be removed from the consent calendar by the Commission upon request of a Commissioner, the Department, or member of the public who wishes to speak to that item, to allow for discussion and separate action.

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


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, give your name and the name of any organization you represent, and provide your comments on the item under consideration.

3.If there are several speakers with the same concerns, please appoint a spokesperson and avoid repetitive testimony.

4.The presiding commissioner will allot between one and three minutes per speaker per agenda item, subject to the following exceptions:

a.The presiding commissioner may allow up to five minutes to an individual speaker if a minimum of three individuals who are present when the agenda item is called have ceded their time to the designated spokesperson, and the individuals ceding time forfeit their right to speak to the agenda item.

b.Individuals may receive advance approval for additional time to speak if requests for additional time to speak are received by email or delivery to the Commission office by the Late Comment Deadline. The president or designee will approve or deny the request no later than 5:00 p.m. two days prior to the meeting.

c.An individual requiring an interpreter is entitled to at least twice the allotted time pursuant to Government Code Section 11125.7(c).


d.An individual may receive additional time to speak to an agenda item at the request of any commissioner.

5.If you are presenting handouts/written material to the Commission at the meeting, please provide ten (10) copies to the designated staff member just prior to speaking.