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MEETING AGENDA April 20-21, 2022 Monterey County Fair & Event Center, Seaside Room 2004 Fairground Road, Monterey, CA 93940 and Webinar and Teleconference and Trinidad Rancheria, Administrative Office Conference Room 1 Cher-Ae Lane, Trinidad, CA 95570 | |||
| 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 at an in-person location, via Zoom, 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 12. Unless otherwise indicated, the California Department of Fish and Wildlife is identified as Department. | ||
DAY 1 – April 20, 2022, 8:30 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 the agenda Receive public comment regarding topics within the Commission’s authority that are not included on the agenda. Note: New petitions for regulation change submitted since the previous meeting are now received under the agenda item “Regulation change petitions.” 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), California Government Code) | ||
| DISCUSSION AND ACTION ITEMS | |||
| 3. | 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 and Law Enforcement Division | ||
| 4. | Justice, equity, diversity and inclusion | ||
| Receive and discuss an update on developing the justice, equity, diversity, and inclusion (JEDI) plan. | |||
| 5. | Clarification of allowed and prohibited uses for state marine recreational management areas (SMRMAs) | ||
| Consider authorizing publication of notice of intent to amend regulations to clarify allowed and prohibited uses for SMRMAs. (Amend subsections 632(b)(9), (37), (41), (42), and (91), Title 14, CCR) Motion and Vote | |||
| 6. | Recreational clam, sand crab, and shrimp gear | ||
| Consider adopting proposed regulations to continue the emergency regulations prohibiting use of hydraulic pump gear for recreational take of clams, sand crab and shrimp through a regular rulemaking. (Amend sections 29.05, 29.20 and 29.80, Title 14, CCR) Motion and Vote | |||
| 7. | Pink (ocean) shrimp fishery management plan | ||
| Consider adopting Pink (Ocean) Shrimp, Pandalus jordani, Fishery Management Plan. (Pursuant to Section 7075, et seq., Fish and Game Code) Motion and Vote | |||
| 8. | Pending aquaculture lease amendment requests | ||
| (A) | Tomales Bay Oyster Company Consider approving Department recommendation to approve adding new methods and further evaluate new species requested for State Water Bottom Lease No. M-430-05 in Tomales Bay. (Pursuant to Section 15400, Fish and Game Code) Motion and Vote | ||
| (B) | Hog Island Oyster Company Receive updated request and Department recommendation concerning request to authorize harvest of edible macroalgal species naturally recruited on aquaculture gear for state water bottom lease nos. M-430-10, M-430-11, M-430- 12, and M-430-15 in Tomales Bay. (Pursuant to Section 15400, California Fish and Game Code) Potential action is expected to be scheduled for the June 15-16, 2022 meeting | ||
| 9. | Regulation change petitions (marine) | ||
| (A) | New petitions Receive new petitions for regulation change. Consideration of whether to grant, deny, or refer for additional review is expected to be scheduled for the June 15-16, 2022 meeting. | ||
| (B) | Previously received petitions – None scheduled Consider whether to grant, deny, or refer for additional review, petitions for regulation change received at previous meetings. 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) | ||
| 10. | Non-regulatory requests from previous meetings (marine) | ||
| Consider and potentially act on requests for non-regulatory action received from members of the public at previous meetings. | |||
| 11. | Licensing and permitting decisions to rely upon as precedent | ||
| Consider designating past Commission licensing and permitting decisions as precedent. (Pursuant to Section 11425.60, Government Code) Motion and Vote | |||
| 12. | 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 March 24, 2022 committee meeting. Discuss referred topics and consider revisions to topics and timing. | ||
| (B) | Department Marine Region | ||
| I. | Update on annual recreational ocean salmon and Pacific halibut regulations, and automatic conformance to federal regulations. Motion and Vote | ||
| (C) | Tribal Committee Receive verbal summary and consider approving recommendations from the April 19, 2022 committee meeting. Discuss referred topics and consider revisions to topics and timing Motion and Vote | ||
| 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 | ||
| (D) | Deliberation and action on license and permit items | ||
| I. | Consider the proposed decision in Agency Case No. 17ALJ12-FGC, the appeal filed by Mai A Ngo Tran regarding reinstatement of sport fishing privileges, and Agency Case No. 19ALJ18-FGC, the appeal filed by Minh Gia Tran regarding reinstatement of sport fishing privileges. | ||
| II. | Consider the proposed decision in Agency Case No. 19ALJ09-FGC, the accusation filed against John Crowe regarding revocation of a commercial fishing license and a lobster operating permit. | ||
