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REVISED* MEETING AGENDA
June 16-17, 2021

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.


**This agenda is revised to add item 28 and revise item 14(A).

The meeting will be live streamed; visit www.fgc.ca.gov the day of the meeting to watch
or listen to the meeting. To provide public comment during the meeting, please join via Zoom Webinar
or by telephone; 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 10. Unless otherwise indicated, the California Department of Fish and Wildlife is identified as Department.


DAY 2 – June 17, 2021, 8:30 AM
    
CALL TO ORDER/ROLL CALL TO ESTABLISH QUORUM
    
PUBLIC COMMENT
    
12.General public comment for items not on the 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).
    
DISCUSSION, ACTION, AND INFORMATIONAL ITEMS
    
13. Committee assignments
 
Consider assignments from the Commission’s membership to its three committees, consisting of at least one commissioner: Marine Resources, Wildlife Resources, and Tribal. (Pursuant to sections 105, 106 and 106.5, Fish and Game Code)
Motion and Vote
14. Executive director’s report
 Receive updates from the executive director on staffing, actions taken under delegated authorities, legislation, the upcoming office move, and other information of interest.     Return to Item
 (A) Discuss potential support for legislation   
 (B) Update on committee prioritization project    
 (C) Recognize former Regulatory Analyst Jon Snellstrom for over 29 years of service to the Commission
15. Department informational items: Director’s and Law Enforcement Division reports
 The Department will highlight items of note since the last Commission meeting.
16. Experimental Fishing Permit (EFP) Program Phase II
 Consider authorizing publication of notice of intent to establish the Experimental Fishing Permit (EFP) Program Phase II.
(Add Section 91, amend sections 90, 120.1, 149, 180, and 704, and repeal Section 149.3, Title 14, CCR)


Staff will recommend this item be continued to a future meeting.
17. Justice, equity, diversity and inclusion
 Receive and discuss an update on developing the justice, equity, diversity and inclusion plan.
18. Wildlife Prosecutor of the Year
 Announce recipient of the Commission’s annual Wildlife Prosecutor of the Year award, consistent with the Commission’s policy adopted in 2016.
19. Tribal Committee
 
Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for the next committee meeting on August 17, 2021.
Motion and Vote
 (A)Committee work plan
 (B)Next committee meeting
20. Department informational item: Wildlife and Fisheries Division, and Ecosystem Conservation Division
 The Department will highlight items of note since the last Commission meeting.
 (A)Impacts of drought conditions
21. Wildlife Resources Committee
 Receive summary and consider approving recommendations from the May 11, 2021 committee meeting. Discuss referred topics and consider revisions to topics and timing.
 (A)Previous committee meeting report
 (B)Committee work plan
22. Department informational item: Marine Region Report
 
The Department will highlight items of note since the last Commission meeting.
 (A) Update on detection of invasive marine algae species, Caulerpa prolifera, in Newport Harbor
 (B) Update on marine aquaculture state water bottom leases and projects under review
 (C)Update on annual recreational ocean salmon and Pacific halibut regulations established through automatic conformance to federal regulations
23. Marine Resources Committee
 
Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for the next committee meeting on July 21, 2021.
Motion and Vote 
 (A)Committee work plan
 (B)Next committee meeting
24. Items of interest from previous meetings
 These items are generally updates on agenda topics recently heard before the Commission.
 (A)Urban coyote workshops
25. Petitions for regulation change received at previous meetings
 Consider whether to grant, deny, or refer for additional review petitions for regulation change received under general public comment at previous meetings. Note: New petitions for regulation change will be received under general public comment. Any petitions granted today will be added to the Commission’s rulemaking calendar for development and future consideration.
(Pursuant to Section 662, Title 14, CCR)
Motion and Vote
 (A)Action on current petitions
  I.Petition #2020-011: Request to restore recreational and commercial red abalone harvest, San Miguel Island
  II.Petition #2021-003: Request to change East Walker River special fishing regulations
  III.Petition #2021-004: Request to remove Xenopus amiete from the restricted species list
 (B)Action on pending regulation petitions referred to staff or the Department for review
  I.Petition #2020-011: Request to establish limited entry and precautionary regulations for commercial coonstripe shrimp trap fishery
26. Non-regulatory requests from previous meetings
 
Consider and potentially act on non-regulatory requests submitted by members of the public at previous meetings.
Motion and Vote
 (A)Action on non-regulatory requests
 (B)Action on pending non-regulatory requests referred to staff or the Department for review – None scheduled at this time
27.Commission administrative items
 (A)
Rulemaking timetable updates
Motion and Vote
 (B)
Next meeting – August 18-19, 2021
Motion and Vote
 (C) Discuss draft meeting dates and locations for 2022
 (D)New business
28. Chinook salmon in anadromous waters of the Klamath River Basin downstream of Iron Gate and Lewiston dams
 If the Commission determines that listing upper Klamath-Trinity river spring Chinook salmon (Oncorhynchus tshawytschaas a threatened or endangered species under CESA is not warranted, consider authorizing publication of notice of intent to continue the Klamath River Basin spring Chinook salmon special regulations.
(Amend subsection 7.40(b)(50) and repeal subsection 7.40(b)(51), Title 14, CCR)


Staff will recommend this item be heard Day 1 of the meeting at some point following Agenda Item 10.
 
Motion and Vote
    
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.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)
 II.The Ballona Wetlands Land Trust v. California Fish and Game Commission (Ballona Wetlands Ecological Reserve petition for regulation change)
 III.California Construction and Industrial Materials Association et al. v. California Fish and Game Commission (western Joshua tree California Endangered Species Act determination)
 IV.Albert Thomas Paulek v. California Fish and Game Commission (CEQA determination regarding Section 749.10, Title 14, CCR authorizing take of western Joshua tree under section 2084)
 V.Albert Thomas Paulek v. California Fish and Game Commission (CEQA determination regarding Sections 749.11 and 749.12, Title 14, CCR authorizing take of western Joshua tree under section 2084
 VI.Fall River Conservancy and California Trout v. California Fish and Game Commission and California Department of Fish and Wildlife (CEQA determination regarding amendments to inland trout regulations)
(B)Possible litigation involving the Commission
(C)Staffing
 I.Executive director performance review process
(D)Deliberation and action on license and permit items