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California Fish and Game Commission

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 1 – June 16, 2021, 9:00 AM

CALL TO ORDER/ROLL CALL TO ESTABLISH QUORUM

1. Consider approving agenda and order of items

GENERAL PUBLIC COMMENT

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. New petitions for regulation change submitted since the previous meeting are received under this item.
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 an interested person.
3. Five-year private lands wildlife habitat enhancement and management (PLM) plans
Consider approving five-year PLM plans and 2021-2025 licenses for six properties. (Pursuant to Section 601, Title 14, CCR)
  (A) Lassen County
    I. Kramer Ranch
    II. Mendiboure Cold Springs Ranch
  (B) Siskiyou County
    I. Long Prairie Farms
    II. Pondosa
    III. Red Rock Valley Farms
  (C) Tehama County
    I. Little Dry Creek Ranch
4. Annual PLM plans
  Consider approving annual PLM plans and 2021/2022 licenses for 37 properties. (Pursuant to Section 601, Title 14, CCR)
  (A) Butte County
    I. Deseret Farms – Ballard Unit
    II. Deseret Farms – Ballard Unit
    III. Deseret Farms – Ballard Unit
    IV. Soper-Wheeler
  (B) Butte/Tehama counties
    I. Rock Creek
  (C) Calaveras County
    I. Ordway Ranch
  (D) Glenn County
    I. Anderson Ranch
    II. Bird Haven Ranch
    III. Spurlock Ranch
  (E) Lassen County
    I. Ash Valley Ranch
    II. Clarks Valley Ranch
    III. Five Dot Ranch – Avila Unit
    IV. Five Dot Ranch – Horse Lake Unit
    V. Five Dot Ranch – School Section Unit
    VI. Five Dot Ranch – Tunnel Springs Unit
    VII. Five Dot Ranch – Willow Creek Unit
    VIII. Mendiboure Ranch
    IX. Observation Peak Ranch
    X. Red Rock Ranch
    XI. Walton Homestead Family, LLC (formerly Coon Camp Springs)
  (F) Los Angeles County
    I. Santa Catalina Island
  (G) Mendocino County
    I. Antler Hill Ranch
    II. Four Pines Ranch
  (H) Modoc County
    I. Basin View Ranch
    II. Lookout Ranch
    III. SL Ranch
  (I) Monterey County
    I. Bardin Ranch
  (J) San Bernardino County
    I. Big Morongo Springs Ranch
  (K) Shasta County
    I. Black Ranch
    II. Duncan Creek Ranch
    III. Hathaway Oak Run Ranch
    IV. Jerusalem Creek Ranch
    V. JS Ranch
    VI. Rickert Ranch
  (L) Tehama County
    I. Big Bluff Ranch
    II. El Rancho Rio Frio
  (M) Yuba County
    I. Sugarloaf-Bangor Ranch
       
5. Initial PLM plans
  Consider approving initial PLM plans and 2021-2025 licenses for two properties. (Pursuant to Section 601, Title 14, CCR)
  (A) Humboldt/Trinity counties
    I. Wilkinson Hunting Club
  (B) Modoc County
    I. Roberts Ranch
       
6. Western Joshua Tree
  Consider approving the Department’s request for a six-month extension to deliver the one-year status review report on the petition to list western Joshua tree (Yucca brevifolia) as a threatened or endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2074.6, Fish and Game Code)
7. Duck stamps
  Consider approving proposed projects for the Duck Stamp Dedicated Account funds in Fiscal Year 2021-22. (Pursuant to Section 3702, Fish and Game Code)
       
DISCUSSION AND ACTION ITEMS
       
8. California bighorn sheep
  Receive an overview of the Department’s five-year status review of California bighorn sheep (Ovis canadensis californiana, also known as Sierra Nevada bighorn sheep) which is listed as endangered under CESA. (Pursuant to Section 2077, Fish and Game Code)
9. Clara Hunt’s milkvetch
  Consider the petition, Department’s status review report, and comments received to determine whether listing Clara Hunt’s milkvetch (Astragalus claranus) as an endangered species under CESA is warranted. (Pursuant to sections 2075 and 2075.5, Fish and Game Code) Note: Findings will be adopted at a future meeting.
10. Upper Klamath-Trinity river spring Chinook salmon
  Consider the petition, Department’s status review report, and comments received to determine whether listing upper Klamath-Trinity river spring Chinook salmon (Oncorhynchus tshawytscha) as a threatened or endangered species under CESA is warranted.
(Pursuant to sections 2075 and 2075.5, Fish and Game Code)
Note: Findings will be adopted at a future meeting
11. Northern California summer steelhead
  Consider the petition, Department’s status review report, and comments received to determine whether listing northern California summer steelhead (Oncorhynchus mykiss irideus) as a threatened or endangered species under CESA is warranted.
(Pursuant to sections 2075 and 2075.5, Fish and Game Code)
Note: Findings will be adopted at a future meeting.
       
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)
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.
  (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.
  (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.
  (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)
  (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.
  (A) Action on non-regulatory requests
  (B) Action on pending non-regulatory requests referred to staff or the Department for reviewNone scheduled at this time
27. Commission administrative items
  (A) Rulemaking timetable updates
  (B) Next meeting – August 18-19, 2021
  (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 tshawytscha) as 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.
       
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