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California Fish and Game Commission

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.

Call to order/roll call to establish quorum

1. Consider approving agenda and order of items

2. 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).

3. Executive director’s report
Receive updates from the executive director.

4. Justice, equity, diversity and inclusion
Receive and discuss draft plan for developing a justice, equity, diversity and inclusion plan, and provide staff direction.
5. Department informational items (marine)

  (A) Director’s report
  (B) Marine Region
  (C) Law Enforcement Division
6. Tribal Committee
Receive summary and consider approving recommendations from November 16, 2020 committee meeting. Discuss referred topics and consider revisions to topics and timing.
  (A) Previous committee meeting report
  (B) Committee work plan
7. Marine Resources Committee
Receive summary and consider approving recommendation from November 10, 2020 committee meeting. Discuss referred topics and consider revisions to topics and timing.
  (A) Previous committee meeting report
  (B) Committee work plan
  (C) Marine Region
  (D) Wildlife and Fisheries Division, and Ecosystem Conservation Division
8. Statewide Marine Protected Areas (MPAs) Program
Receive annual report from the Department on management activities of its Statewide MPAs Program.
9. Annual recreational ocean salmon and Pacific halibut fishing
Receive and discuss an update on the Pacific Fishery Management Council process and timeline for recreational ocean salmon and Pacific halibut recommendations, and automatic conformance to federal regulations. (Pursuant to Section 1.95, Title 14, CCR)
10. Recreational red abalone fishing
Consider adopting proposed changes to the recreational red abalone fishery closure sunset date regulation and consider taking final action under the California
Environmental Quality Act (CEQA).
(Amend Section 29.15, Title 14, CCR)
11. Recreational crab fishing
Consider adopting proposed changes to recreational take of crab regulations intended to provide additional whale and turtle protections in trap fisheries, and consider taking final action under CEQA.
(Amend sections 29.80, 29.85, and 701, Title 14, CCR)
12. Recreational sea urchin fishing
Consider adopting proposed changes to recreational take of sea urchin regulations for Caspar Cove, Mendocino County and Tanker Reef, Monterey County, and consider taking final action under CEQA.
(Amend Section 29.06, Title 14, CCR)
13. Marine 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)
  (A) Action on current petitions
    I. Petition #2020-011 AM1: Set precautionary commercial coonstripe shrimp trap fishing regulations
    II. Petition # 2020-012 AM1: Protect great white shark nursery grounds at Padaro Beach, Carpenteria
    III. Petition # 2020-014 AM1: Authorize unlimited take of Sargassum horneri and recreational and research take inside Crystal Cove State Marine Conservation Area
  (B) Action on pending regulation petitions referred to staff or the Department for review
    I. Petition #2018-013(b): Commercial ridgeback prawn fishing hours
14. Marine non-regulatory requests from previous meetings
Consider action on non-regulatory requests submitted by members of the public at previous meetings.

Recess

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.
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)
  (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)
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)
25. Waterfowl hunting (annual)
Consider authorizing publication of notice of intent to amend waterfowl hunting regulations.
(Amend Section 502, Title 14, CCR)
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)
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)
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)
  (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.
30. Commission administrative items
  (A) Upcoming meetings; January 12, 2021 and February 10-11, 2021
  (B) Rulemaking timetable updates
  (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.