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REVISED* MEETING AGENDA
December 15-16, 2021

Webinar and Teleconference
Pursuant to Government Code Section 11133, 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 December 3 to amend items 17(A), 24, 29(A) and 29(C).

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 or visit
www.fgc.ca.gov/meetings/2021.

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 – December 15, 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
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.Temblor legless lizard
 Receive a petition to list Temblor legless lizard (Anniella alexanderae) as endangered or threatened under the California Endangered Species Act (CESA). (Pursuant to Section 2073.3, Fish and Game Code)
4.Southern California steelhead
 Receive the Department’s 90-day evaluation report on the petition to list southern California steelhead (Oncorhynchus mykiss) as endangered under CESA.
(Pursuant to Section 2073.5, Fish and Game Code)
5.Lime Ridge eriastrum
 Receive the Department’s 90-day evaluation report on the petition to list Lime Ridge eriastrum (Eriastrum ertterae) as endangered under CESA.
(Pursuant to Section 2073.5, Fish and Game Code)

6.Shasta snow-wreath
 Receive the Department’s one-year status review report on the petition to list Shasta snow-wreath (Neviusia cliftonii) as endangered under CESA.
(Pursuant to Section 2074.6, Fish and Game Code)
7.San Bernardino kangaroo rat
 Receive the Department’s one-year status review report on the petition to list San Bernardino kangaroo rat (Dipodomys merriami parvusas endangered under CESA.
(Pursuant to Section 2074.6, Fish and Game Code)
8.Western Joshua tree
 (A)Discuss and consider adopting a 90-day extension of emergency regulations for a process to take western Joshua tree (Yucca brevifoliaduring 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)
DISCUSSION, ACTION, AND INFORMATIONAL ITEMS
9. Commission executive director and Department reports
 Receive updates on items of note since the previous Commission meeting.
 (A) Commission executive director’s report
 (B) Department director’s and Law Enforcement Division reports.
  I.Management actions to protect whales and sea turtles
(Pursuant to subsection 29.80(c)(7)(G), Title 14, CCR)
10. Upper Klamath-Trinity river spring Chinook salmon
 Consider ratifying findings on the decision to list upper Klamath-Trinity river spring Chinook salmon (Oncorhynchus tshawytschaas threatened under CESA.
(Pursuant to Section 2075.5, Fish and Game Code)
Motion and Vote
Return to Item
Motion and Vote
11. 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.
12. Waterfowl hunting
 Consider authorizing publication of notice of intent to amend waterfowl hunting regulations.
(Amend Section 502, Title 14, CCR)
Motion and Vote
13. Big game preference points reinstatement and tag refunds
 Discuss proposed amendments to big game regulations to include preference points reinstatement and tag refunds due to public land closures.
(Amend Section 708.14, Title 14, CCR)

14. Emergency low flow inland sport fishing restrictions
 Discuss and consider adopting emergency regulations for low flow inland sport fishing restrictions due to drought conditions.
(Amend subsections 7.40(b)(40)(A)1., 8.00(a), and 8.00(b), Title 14, CCR)
Motion and Vote
15.
Wildlife and inland fisheries and administrative regulation change petitions and non-regulatory requests
Motion and Vote
 (A)
Consider whether to grant, deny, or refer for additional review, petitions for regulation change and non-regulatory requests 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)
  I. Action on current petitions
   a.Petition 2021-017: Request to make multiple changes to big game hunting regulations
   b.Petition 2021-018: Request to implement a new permitting system for the take of barred owls
   c.Petition 2021-019: Request to change Martis Creek Reservoir to catch and release only
   d.Petition 2021-020: Request to adopt special regulations for the North Yuba River
  II. Action on pending regulation petitions referred to staff or the Department for review
   a.Petition 2021-004: Request to remove Xenopus amieti frog from the restricted species list
 (B) Consider and potentially act on wildlife non-regulatory requests received from members of the public at previous meetings.
16. California Waterfowler’s Hall of Fame
 
Commission recognition of newly-inducted members of the California Waterfowler’s Hall of Fame.
Motion and Vote
17. Committee and Department reports
 Receive updates on items of note since the previous Commission meeting.
 (A)
Wildlife Resources Committee: Discuss referred topics and consider revisions to topics and timing. Consider approving draft agenda topics for the next committee meeting on January 13, 2022.
Motion and Vote
 (B) Department Wildlife and Fisheries Division, and Ecosystem Conservation Division


DAY 2 – December 16, 2021, 8:30 AM
    
CALL TO ORDER/ROLL CALL TO ESTABLISH QUORUM
  
PUBLIC COMMENT
  
18.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
19.Recreational groundfish emergency
 Discuss and consider adopting emergency regulations for the 2022 recreational fishing season for copper, quillback and vermilion rockfish bag limits, to conform state regulations with federal in-season changes to the 2022 recreational groundfish regulations.
(Amend Section 28.55, Title 14, CCR)
20.Recreational clam, sand crab, and shrimp gear
 Consider authorizing publication of notice of intent to implement a certificate of compliance to make permanent the emergency regulations prohibiting use of hydraulic pump gear for recreational take of clams, sand crab and shrimp.
(Amend sections 29.05, 29.20 and 29.80, Title 14, CCR)
21.Commercial kelp and other aquatic plants
 Consider authorizing publication of notice of intent to amend regulations for commercial harvest of kelp and other aquatic plants.
(Amend sections 165 and 165.5 and add Section 705.1, Title 14, CCR)
22.Recreational California grunion
 Discuss proposed amendments to regulations for grunion limit and season changes.
(Amend subsection 27.60(b) and Section 28.00, Title 14, CCR)
23.Experimental Fishing Permit (EFP) Program, Phase II
 Consider adopting 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.Pink (ocean) shrimp fishery management plan
 Receive and discuss the Department’s Draft Pink (Ocean) Shrimp, Pandalus jordani, Fishery Management Plan.
(Pursuant to Section 7075, et seq., Fish and Game Code
25.Recreational ocean salmon and Pacific halibut
 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)
26.Marine regulation change petitions
 (A)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)
  I.Action on current petitions
   a.Petition 2021-015: Establish size limit for shortfin corvina and include in list of California game fish species
   b.Petition 2021-021: Consider reducing recreational California halibut bag limit between Point Reyes and Bodega Head
   c.Petition 2021-022: Consider authorizing low-volume open access commercial take of market squid using jig, brail or lampara gear north of Point Arena
   d.Petition 2021-023: Consider authorizing recreational take of gooseneck barnacles
 (B)Action on pending regulation petitions referred to staff or the Department for review – none scheduled at this time
27.Marine Protected Areas Management Program
 Receive annual update from the Department on the State’s Marine Protected Areas Management Program activities.
28.Marine items of interest from previous meetings
 These items are updates on agenda topics recently heard before the Commission
 (A)Committee workload prioritization tool and application to Marine Resources Committee topics
 (B)Status of findings on the petition to list the Pacific leatherback sea turtle (Dermochelys coriaceaas an endangered species under CESA.
(Pursuant to Section 2075.5, Fish and Game Code)
29.Committee and Department reports
 Receive updates on items of note since the previous Commission meeting
 (A)Marine Resources Committee: Receive summary and consider approving recommendations from the November 9, 2021 committee meeting. Discuss referred topics and consider revisions to topics and timing.
 (B)Department Marine Region
  I.Update on box crab experimental fishing permit activities
  II.Update on the federal CARES Act implementation
 (C)
Tribal Committee: Receive summary and consider approving recommendations from the December 14, 2021 committee meeting. Discuss referred topics and consider revisions to topics and timing
Motion and Vote
Motion and Vote
30.Justice, equity, diversity and inclusion
 Receive and discuss an update on developing the justice, equity, diversity and inclusion plan.
31.Commission administrative items
 (A)Legislation and other agency regulations
 (B)Rulemaking timetable updates
 (C)Next meeting – February 16-17, 2022
 (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.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