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MEETING AGENDA
August 18, 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.

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 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
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
Motion and Vote
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.Southern California steelhead
 (A)Receive a petition to list southern California steelhead (Oncorhynchus mykiss) as an endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2073.3, Fish and Game Code, and Section 670.1(c), Title 14, CCR)
 (B)Consider approving the Department’s request for a 30-day extension to review the petition to list southern California steelhead (Oncorhynchus mykiss) as an endangered species under CESA. (Pursuant to Section 2073.5, Fish and Game Code)
4.Lime Ridge eriastrum
 (A)Receive a petition to list Lime Ridge eriastrum (Eriastrum ertterae) as an endangered species under CESA. (Pursuant to Section 2073.3, Fish and Game Code, and Section 670.1(c), Title 14, CCR)
 (B)Consider approving the Department’s request for a 30-day extension to review the petition to list Lime Ridge eriastrum (Eriastrum ertterae) as an endangered species under CESA.
(Pursuant to Section 2073.5, Fish and Game Code)
5. 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 an endangered species under CESA.
(Pursuant to Section 2074.6, Fish and Game Code)


Staff will recommend that this item be continued to a future meeting.
6. 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
7.Pacific leatherback sea turtle
 Receive the Department’s one-year status review report on the petition to list Pacific leatherback sea turtle (Dermochelys coriacea) as endangered under CESA (Pursuant to Section 2074.6, Fish and Game Code)
8.White Seabass Fishery Management Plan
 Receive the Department’s White Seabass Fishery Management Plan 2019-2020 Annual Review report.
(Pursuant to Section 5.9, White Seabass Fishery Management Plan)

DISCUSSION, ACTION, AND INFORMATIONAL ITEMS
    
9. Executive director’s report
 Receive updates from the executive director on staffing, actions taken under delegated authorities, the upcoming office move, and other information of interest.
10. Department informational items: Reports from the Director, Wildlife and Fisheries Division, Ecosystem Conservation Division, and Law Enforcement Division
 The Department will highlight items of note since the last Commission meeting.
11. Wildlife Resources Committee
 
Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for the next committee meeting on September 16, 2021.
Motion and Vote
 (A)Committee work plan
 (B)Next committee meeting
12. Clara Hunt’s milkvetch
 
Consider ratifying findings on the decision to change the listing status of Clara Hunt’s milkvetch (Astragalus claranus) from threatened to endangered under CESA. (Pursuant to Section 2075.5, Fish and Game Code)
Motion and Vote
13. Northern California summer steelhead
 Consider ratifying findings on the decision to list northern California summer steelhead (Oncorhynchus mykiss irideusas endangered under CESA. (Pursuant to Section 2075.5, Fish and Game Code)

Staff will recommend that this item be continued to a future meeting.
14. 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.
15. Chinook salmon in anadromous waters of the Klamath River Basin downstream of Iron Gate and Lewiston dams
 Consider authorizing publication of notice of intent to continue the Klamath River Basin spring Chinook salmon (Oncorhynchus tshawytschaspecial regulations. (Amend subsection 7.40(b)(50) and repeal subsection 7.40(b)(51), Title 14, CCR)

Staff will recommend the Commission direct staff to file a non-substantive rulemaking change (“Section 100”) in lieu of a regular rulemaking
Motion and Vote
16. Department informational item: Marine Region report
 The Department will highlight items of note since the last Commission meeting.
17. Marine Resources Committee
 
Receive summary and consider approving recommendations from July 21, 2021 committee meeting. Discuss referred topics and consider revisions to topics and timing.
Motion and Vote
 (A)Previous committee meeting report
 (B)Committee work plan
18. 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)
Motion and Vote
19. 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)
Motion and Vote -  Withdrawn
Motion and Vote
20. Annual tribal planning meeting
 Report on the annual tribal planning meeting held in July 2021 pursuant to the Commission’s Tribal Consultation Policy.
21. Tribal Committee
 
Receive summary and consider approving recommendations from August 17, 2021 committee meeting. Discuss referred topics and consider revisions to topics and timing.
Motion and Vote
 (A)Previous committee meeting report
 (B)Committee work plan
22. Legislative report
 Receive updates on recent legislative activity and status of letters of support. Consider providing direction to staff on potential actions.
23. Committee workload prioritization
 Receive an update on committee prioritization project/workload prioritization tool.
24. Justice, equity, diversity, and inclusion
 Receive update on justice, equity, diversity, and inclusion (JEDI) plan implementation, discuss concepts for JEDI policy, and consider approving an working JEDI vision statement.
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 are generally 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 2021-005: Request to revise fishing regulations for Alameda Creek tributaries and San Antonio and Calaveras reservoirs
  II.Petition 2021-006: Request to revise deer tag fee structure
  III.Petition 2021-007: Request to revise authorized methods of take and designation for wild pig
  IV.Petitions 2021-008, 2021-009, 2021-011, and 2021-012: Request to change East Walker River special fishing regulations
 (B)Action on pending regulation petitions referred to staff or the Department for review
  I.Petition 2021-003: Request to change East Walker River special fishing regulations
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
27. Commission administrative items      Motion and Vote
 (A) Rulemaking timetable updates
 (B) Next meeting – October 13-14, 2021
 (C)
Discuss and consider adopting proposed meeting dates and locations of Commission and committee meetings for January through December 2022. (Pursuant to Section 110, Fish and Game Code)
 (D)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.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