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California Fish and Game Commission

REVISED* MEETING AGENDA
October 14, 2021, 9:00 AM

Webinar and Teleconference
Pursuant to Executive Order N-08-21, the California Fish and Game Commission is conducting
this meeting by webinar and teleconference. Commission members will participate 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 was revised on October 1 to continue items 10 and 11 to a future meeting.

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


Note: See important meeting deadlines and procedures, including written public comment deadlines, starting on page 9. 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

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. Cascades frog
  Receive the Department’s one-year status review report on the petition to list Cascades frog (Rana cascadae) as threatened or endangered under the California Endangered Species Act (CESA).
(Pursuant to Section 2074.6, Fish and Game Code)


Staff will recommend that this item be continued to a future meeting.
4. San Bernardino kangaroo rat
  Receive the Department’s one-year status review report on the petition to list San Bernardino kangaroo rat (Dipodomys merriami parvus) as endangered under CESA. (Pursuant to Section 2074.6, Fish and Game Code)

Staff will recommend that this item be continued to a future meeting.
5. Desert pupfish
  Receive the Department’s five-year status review report for desert pupfish (Cyprinodon macularius), which is listed as endangered under CESA.
(Pursuant to Section 2077, Fish and Game Code)


Staff will recommend that this item be continued to a future meeting.
6. Mohave desert tortoise
  Consider approving the Department’s request for a six-month extension to deliver the one-year status review report on the petition to change the status of Mohave desert tortoise (also known as Agassiz’s desert tortoise) (Gopherus agassizii) from threatened to endangered under CESA.
(Pursuant to Section 2074.6, Fish and Game Code)
7. Recreational clam, sand crab, and shrimp gear emergency
  Discuss and consider adopting a 90-day extension of emergency regulations to prohibit use of hydraulic pump gear for recreational take of clams, including clarifying amendments to apply the gear restriction to sand crab and shrimp.
(Amend sections 29.20 and 29.80, Title 14, CCR)
DISCUSSION, ACTION, AND INFORMATIONAL ITEMS
       
8. Executive director’s report
  Receive updates from the executive director on items of note since the previous Commission meeting, including a resolution recognizing Stafford Lehr, the Department’s former liaison to the Commission.
9. Department informational items: Director’s and Law Enforcement Division reports
  The Department will highlight items of note since the last Commission meeting.
10. Upper Klamath-Trinity river spring Chinook salmon
  Consider ratifying findings on the decision to list upper Klamath-Trinity river spring Chinook salmon (Oncorhynchus tshawytscha) as threatened under CESA. (Pursuant to Section 2075.5, Fish and Game Code)

Staff will recommend that this item be continued to a future meeting.
11. Northern California summer steelhead
  Consider ratifying findings on the decision to list northern California summer steelhead (Oncorhynchus mykiss irideus) as endangered under CESA. (Pursuant to Section 2075.5, Fish and Game Code)

Staff will recommend that this item be continued to a future meeting.
12. Western Joshua tree
  (A)
Discuss and consider adopting a 90-day extension of emergency regulations for a process to take western Joshua tree (Yucca brevifolia) during the CESA candidacy period.
(Amend Section 749.11, Title 14, CCR; Pursuant to Sections 399 and 2084, Fish and Game Code)
  (B) Discuss and consider adopting a 90-day extension of emergency regulations for incidental take of a limited number of western Joshua tree during its candidacy period under certain circumstances.
(Amend Section 749.12, Title 14, CCR; Pursuant to Sections 399 and 2084, Fish and Game Code)
13. Department informational item: Wildlife and Fisheries Division, and Ecosystem Conservation Division reports
  The Department will highlight items of note since the last Commission meeting
14. Wildlife Resources Committee
  Receive summary and consider approving recommendations from the September 16, 2021 committee meeting. Discuss referred topics and consider revisions to topics and timing.
  (A) Previous committee meeting report
  (B) Committee work plan
15. Mammal hunting preference points and tag refunds
  Consider authorizing publication of notice of intent to amend regulations for big game species preference points and tag refunds.
(Amend Section 708.14, Title 14, CCR)
16. Tribal Committee
  Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for the next committee meeting on December 14, 2021.
  (A) Committee work plan
  (B) Next committee meeting
17. Legislation and other agency regulations
  Receive updates on recent legislative activity, status of letters of support, and regulatory actions under consideration by other agencies. Consider providing direction to staff on potential actions.
18. Committee workload prioritization
  Receive an update on the committee workload prioritization tool and its application.
19. Justice, equity, diversity and inclusion
  Receive and discuss an update on developing the justice, equity, diversity, and inclusion plan.
20. Departmental informational item: Marine Region report
  The Department will highlight items of note since the last Commission meeting.
21. Marine Resources Committee
  Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for the next committee meeting on November 9, 2021.
  (A) Committee work plan
  (B) Next committee meeting
22. California grunion
  Consider authorizing publication of notice of intent to amend regulations for grunion limits and season.
(Amend subsection 27.60(b) and Section 28.00, Title 14, CCR)
23. Experimental Fishing Permit (EFP) Program, Phase II
  Discuss proposed Experimental Fishing Permit (EFP) Program, Phase II regulations. (Add Section 91, amend sections 90, 120.1, 149, 180, and 704, and repeal Section 149.3, Title 14, CCR)
24. Commercial kelp harvest permit
  Consider approving permit for Lance (Jeff) Maassen to commercially harvest Sargassum horneri at Anacapa Island, Ventura County, and Santa Rosa Island, Santa Barbara County, and approve permit conditions and royalty fee. (Pursuant to subsection 165(f)(1), Title 14, CCR)
25. Pacific leatherback sea turtle
  Consider the petition, Department’s status review report, and comments received to determine whether listing Pacific leatherback sea turtle (Dermochelys coriacea) as threatened or endangered under CESA is warranted.
(Pursuant to sections 2075 and 2075.5, Fish and Game Code)
26. 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 2021-013: Request to revise regulations for commercial market squid fishing in Monterey Bay, including changes to allowed days, times, and lighting
  (B) Action on pending regulation petitions referred to staff or the Department for review
    I. Petition 2020-015: Request to amend Pacific herring regulations to exempt lampara bait nets from gear restrictions
    II. Petition 2021-001: Request to restore recreational and commercial red abalone harvest at San Miguel Island, Santa Barbara County
27. Non-regulatory requests from previous meetings
  Consider and potentially act on non-regulatory requests submitted by members of the public at previous meetings.
28. Commission administrative items
  (A) Rulemaking timetable updates
  (B) Next meeting – December 15-16, 2021
  (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. 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