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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 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)
Motion and Vote
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)
Motion and Vote
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)
Motion and Vote
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)
Motion and Vote
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
Motion and Vote
 (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.
Motion and Vote
 (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
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
Motion and Vote
 (C)
Next meeting – February 16-17, 2022
Motion and Vote
 (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