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MEETING AGENDA

December 9-10, 2020

Webinar and Teleconference
The California Fish and Game Commission is conducting this meeting by webinar and
teleconference to avoid a public gathering and protect public health during the COVID-19
pandemic, consistent with Executive Order N-33-20.


Pursuant to Executive Order N-29-20, commissioners may participate in meetings remotely.
The public may provide public comment during the public comment periods, and otherwise
observe remotely consistent with the Bagley-Keene Open Meeting Act.



The meeting will be live streamed; visit www.fgc.ca.gov the day of the meeting.
To provide public comment during the meeting, please join via Zoom Webinar or by
telephone. Please click here for instructions on how to join the meeting.


Note: See important meeting deadlines and procedures, including written public comment deadlines, starting on page 8. Unless otherwise indicated, the California Department of Fish and Wildlife is identified as Department.

DAY 2 – December 10, 2020, 8:30 AM

Call to order/roll call to establish quorum

15. General public comment for items not on agenda
Receive public comment regarding topics within the Commission’s authority that are not included on the agenda. Note: 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 and 11125.7(a), Government Code).
CONSENT ITEMS
Note: Items on the consent calendar are expected to be routine and non-controversial. After public comment, the Commission will consider approving items on the consent calendar in a single vote without discussion. The presiding commissioner may choose to remove any item from the consent calendar and allow a separate discussion and potential action on that item in response to a request by a Commission member, staff, or interested person.
Motion and Vote
16. Quino checkerspot butterfly
Receive the Department’s 90-day evaluation report for the petition to list Quino checkerspot butterfly (Euphydryas editha quino) as a threatened or endangered species under the California Endangered Species Act (CESA).
(Pursuant to Section 2074.6, Fish and Game Code)

The Commission is expected to discuss and consider whether listing may be warranted at its February 2021 meeting.
17.Owens tui chub
Receive the Department’s five-year status review report for Owens tui chub (Siphateles bicolor snyderi) which is listed as an endangered species under CESA. (Pursuant to Section 2077, Fish and Game Code)
The Commission is expected to discuss and consider the five-year status review report at its February 2021 meeting.
18. California bighorn sheep
Receive the Department’s five-year status review for California bighorn sheep (Ovis canadensis californiana) which is listed as an endangered species under CESA.
(Pursuant to Section 2077, Fish and Game Code)


Staff will recommend this item be continued to a future meeting.
19.Milo Baker’s lupine
Receive the Department’s five-year status review for Milo Baker’s lupine (Lupinus milobakeri) which is listed as a threatened species under CESA.
(Pursuant to Section 2077, Fish and Game Code)

The Commission is expected to discuss and consider the five-year status review report at its February 2021 meeting.
20. Department informational items (wildlife and inland fisheries)
The Department will highlight wildlife and inland fisheries items of note since the last Commission meeting.
 (A) Director’s report
 (B) Wildlife and Fisheries Division, and Ecosystem Conservation Division
 (C) Law Enforcement Division
21. Wildlife Resources Committee
Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for next committee meeting.).
(Pursuant to Section 2077, Fish and Game Code)
Motion and Vote
 (A)Committee work plan
 (B)Next committee meeting
22. Upper Klamath-Trinity river spring Chinook salmon
Consider whether the petitioned action to list upper Klamath-Trinity river spring Chinook salmon as threatened or endangered under CESA is warranted
(Pursuant to sections 2075 and 2075.5, Fish and Game Code)

Staff will recommend this item be continued to a future meeting
23. Klamath River Basin sport fishing
Consider authorizing publication of notice of intent to amend Klamath River Basin sport fishing regulations.
(Amend subsection 7.40(b)(50), Title 14, CCR)
Motion and Vote
24. Central Valley sport fishing
Consider authorizing publication of notice of intent to amend Central Valley sport fishing regulations.
(Amend subsections 7.50(b)(4), (43), (66), and (80), Title 14, CCR)
Motion and Vote
25. Waterfowl hunting (annual)
Consider authorizing publication of notice of intent to amend waterfowl hunting regulations.
(Amend Section 502, Title 14, CCR)
Motion and Vote
26. Mammal hunting
Consider authorizing publication of notice of intent to amend regulations for deer and antelope hunting quotas and seasons, and regulations for elk, antelope, and bighorn sheep tags. (Amend sections 360, 363, and 708.19, Title 14, CCR)
Motion and Vote
27. Conditional take of western Joshua tree during candidacy period
Consider regulatory action to allow take of western Joshua tree under certain circumstances by either authorizing a notice of intent to adopt a regulation at a future meeting or adopting an emergency regulation at this meeting, and consider taking final action under CEQA.
(Pursuant to sections 399 and 2084, Fish and Game Code)
Motion and Vote
Motion and Vote
28. Wildlife and inland fisheries petitions for regulation change
Consider requests submitted by members of the public to adopt, amend, or repeal a regulation.
(Pursuant to Section 662, Title 14, CCR)
Motion and Vote
 (A)Action on current petitions – none scheduled at this time
 (B)Action on pending regulation petitions referred to staff or the Department for review
  I.Petition #2012-005 AM 1: Striped bass slot limit
29. Wildlife and inland fisheries non-regulatory requests from previous meetings
Consider action on non-regulatory requests submitted by members of the public at previous meetings.
Motion and Vote
30. Commission administrative items
 (A)
Upcoming meetings; January 12, 2021 and February 10-11, 2021
Motion and Vote
 (B)
Rulemaking timetable updates
Motion and Vote
Amended Motion and Vote
 (C) New business
  
Adjourn
    
EXECUTIVE SESSION
(Not Open to Public)
At a convenient time during the regular agenda of the meeting listed above, the Commission will recess from the public portion of the agenda and conduct a closed session on the agenda items below. The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Section 11126, subdivisions (a)(1), (c)(3), and (e)(1), and Fish and Game Code Section 309. After closed session, the Commission will reconvene in public session, which may include announcements about actions taken during closed session.
(A)Pending litigation to which the Commission is a Party
 I.Dennis Sturgell v. California Department of Fish and Wildlife, and California Fish and Game Commission (revocation of Dungeness crab vessel permit No. CT0544-T1)
 II.Aaron Lance Newman v. California Fish and Game Commission (revocation of hunting and sport fishing privileges)
 III.Almond Alliance of California et al. v. California Fish and Game Commission and California Department of Fish and Wildlife (bumble bees California Endangered Species Act determination)
 IV.The Ballona Wetlands Land Trust v California Fish and Game Commission (Ballona Wetlands Ecological Reserve petition for regulation change)
 V.California Business Properties Association v. California Fish and Game Commission (western Joshua tree California Endangered Species Act determination)
(B)Possible litigation involving the Commission
 I.Albert Thomas Paulek v. California Fish and Game Commission (CEQA determination regarding take of western Joshua tree under section 2084)
(C)Staffing
(D)Deliberation and action on license and permit items
 I.Consider the Proposed Decision in the Matter of the Accusation Against Aaron Lance Newman in Agency Case No. 15ALJ07-FGC regarding hunting and sport fishing privileges.
 II.Consider the petition for reinstatement filed by Jeff Tseng in Agency Case No. 18ALJ13-FGC, regarding hunting and sport fishing privileges.
 III.Consider the Proposed Decision in the Matter of the Accusation Against John Gary Woodrum and Pursuit Fishing, LLC (Pursuit Sportfishing, LLC) in Agency Case No. 19ALJ05-FGC regarding a commercial passenger fishing vessel license and commercial fishing privileges.
 IV.Consider the Proposed Decision in the Matter of the Accusation Against Gustavo Gutierrez in Agency Case No. 20ALJ02-FGC regarding sport fishing privileges.