NOTE: See important meeting deadlines and procedures at the end of the agenda. 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
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. 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).
The Commission forms three committees from its membership, consisting of at least one commissioner (Pursuant to sections 105, 106 and 106.5, Fish and Game Code).
(A) Marine Resources Committee
(B) Wildlife Resources Committee
(C) Tribal Committee
Motion on Item 3
CONSENT ITEMS
4. Initial private lands wildlife habitat enhancement and management area (PLM) license and plan
Consider approving initial PLM plan and 2019-2023 license for: (Pursuant to Section 601, Title 14, CCR)
(A) Glen County
I. Anderson Ranch
Consider approving five-year PLM plans and 2019-2023 licenses for: (Pursuant to Section 601, Title 14, CCR)
(A) Humboldt County
I. Redwood House Ranch
II. Smith River PLM
III. Wiggins Ranch
(B) Kern/Los Angeles counties
I. Tejon Ranch
(C) Mendocino County
I. Capistran Ranch
II. Four Pines Ranch
(D) Monterey County
I. Work Ranch
(E) San Luis Obispo County
I. Hearst Ranch
(F) Tehama County
I. Bell Ranch
Consider approving annual PLM plans and 2019/2020 licenses for: (Pursuant to Section 601, Title 14, CCR)
(A) Del Norte County
I. Alexandre Ecodairy Farms PLM
(B) Humboldt County
I. Big Lagoon
II. Cottrell Ranch
III. Diamond C Outfitters
IV. Hunter Ranch
V. Klamath PLM
VI. Rainbow Ridge PLM
VII. Stover Ranch
(C) Mendocino County
I. Amann Ranch
II. Carley Ranch
III. Christensen Ranch
IV. Elk Creek Ranch
V. Miller-Eriksen Ranch
VI. Sanhedrin Ranch
VII. Seven Springs Ranch
VIII. Shamrock Ranch
IX. Spring Valley Ranch
X. Summer Camp Ranch
(D) Merced County
I. DeFrancesco/Eaton Ranch
(E) Modoc County
I. Roberts Ranch
(F) Monterey County
I. Alexander Ranch
II. Hartnell Ranch
III. Indian Valley Cattle Company (Lombardo Ranch)
IV. Peachtree Ranch
V. Sky Rose Ranch, LLC. PLM
(G) Monterey/San Benito counties
I. Morisoli Ranch
(H) Monterey/San Luis Obispo counties
I. Camp 5 Outfitters - Roth Ranch PLM
(I) San Benito County
I. Lewis Ranch
II. Lone Ranch
III. Rancho La Cuesta
IV. Trinchero Ranch
(J) San Joaquin County
I. Connolly and Corral Hollow Ranch
(K) San Luis Obispo County
I. Avenales Ranch
II. Carnaza Ranch
III. Carrizo Ranch
IV. Chimney Rock Ranch
V. Clark and white Ranches
VI. D – Rafter “L” Ranch, LLC
(L) San Luis Obispo/Kern counties
I. Temblor Ranch
(M) Shasta County
I. Stackhouse Ranch
(N) Solano County
I. Buckeye Ranch
(O) Tehama County
I. 3D Ranch
II. R Wild Horse Ranch
(P) Trinity County
I. Stewart Ranch
II. Travis Ranch
7. Bumble bees
Receive 90 day evaluation report from the Department for the petition to list Crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as endangered species under the California Endangered Species Act (CESA).(Pursuant to Section 2073.5, Fish and Game Code)
Receive a petition to list San Bernardino kangaroo rat (Dipodomys merriami parvus) as an endangered species under CESA. (Pursuant to Section 2073.3, Fish and Game Code, and subsection 670.1(c), Title 14, CCR)
Receive an application for a permit to import, possess, transport or rear, or conduct research on, transgenic zebrafish. (Pursuant to subdivision 15007(e), Fish and Game Code, and subsection 671.1(a)(8)(H), Title 14, CCR)
10. Archery equipment and crossbow
Consider adopting proposed changes to archery equipment and crossbow regulations, including bow draw weight and possession of a firearm while bow hunting.
(Section 354, Title 14, CCR)
11. Hagfish traps
Consider authorizing publication of notice of intent to amend commercial take of hagfish regulations, including use of barrel traps and buoy marking requirement for all trap types.
(Section 180.6, Title 14, CCR)
Motion on Consent Items
12. Acting executive director’s report
Receive an update from the acting executive director on staffing and legislative information.
(B) Legislative report and possible action
I. Proposed delisting of gray wolf under the federal Endangered Species Act
Motion on Item 12
13. Tribal Committee
Discuss and consider approving draft agenda topics for the next committee meeting. Consider approving new topics to address at a future committee meeting.
(A) Work plan development
I. Update on work plan and draft timeline
II. Discuss and consider approving new topics
Motion on Item 13
14. Wildlife Resources Committee
Discuss and consider approving draft agenda topics for the next committee meeting. Consider approving new topics to address at a future committee meeting.
(A) Work plan development
I. Update on work plan and draft timeline
II. Discuss and consider approving new topics
Motion on Item 14
15. Mammal hunting
Consider adopting proposed changes to mammal hunting regulations, including sheep/elk tag quotas, and deer/elk tag validation.
(Sections 362, 364, 364.1 and 708.6, Title 14, CCR) Commission staff will recommend that this item be continued for possible adoption at the Commission’s May 16, 2019 teleconference.
Motion on Item 15
16. Waterfowl
Consider adopting proposed changes to migratory waterfowl regulations and concurrence with federal regulations. (Sections 502 and 509, Title 14, CCR)
Motion on Item 16
17. Klamath River Basin sport fishing
Discuss proposed changes to Klamath River Basin sport fishing regulations. (Subsection 7.50(b)(91.1), Title 14, CCR)
18. Central Valley salmon sport fishing
Discuss proposed changes to Central Valley salmon sport fishing regulations. (Subsections 7.50(b)(5), (68), (124) and (156.5), Title 14, CCR)
19. Upper Klamath-Trinity river spring Chinook salmon
Discuss and consider authorizing take. (Pursuant to Section 2084, Fish and Game Code)
Motion on Item 19
Receive an update on and discuss next steps in the strategic planning process.
21. Petitions for regulation change
Consider petitions submitted by members of the public to adopt, amend or repeal a regulation. (Pursuant to Section 662, Title 14, CCR)
(A) Action on current petitions
I. Petition #2018-018 AM 1: Extend crow hunting season in Hollenbeck Canyon Wildlife Area
II. Petition #2018-019: Increase trap opening size for recreational take of shrimp south of Point Conception
III. Petition #2019-001: Limit use of leased parking sites in Ballona Wetlands Ecological Reserve parking lot
IV. Petition #2019-002: Authorize purchase of trap endorsement for nearshore permits converted at 2:1 rate
V. Petition #2019-003: Emergency regulation for recreational take of purple sea urchin at Tanker’s Reef in Monterey County
(B) Action on pending regulation petitions referred to staff or the Department for review – None scheduled at this time
Motion on Item 21
Consider non-regulatory requests submitted by members of the public at previous meetings.
(A) Action on current non-regulatory requests
(B) Action on pending non-regulatory requests referred to staff or the Department for review – None scheduled at this time
Motion on Item 22
23. Departmental informational items
The Department will highlight items of note since the last Commission meeting.
Director’s report
I. Update on tricolored blackbird population estimates and progress with safe harbor agreements
(B) Law Enforcement Division
(C) Wildlife and Fisheries Division, and Ecosystem Conservation Division
I. Recruitment, retention and reactivation (R3) report
II. Update on efforts to eradicate nutria in California
(D) Marine Region
I. Year in review – 2018
II. Update on annual recreational ocean salmon and Pacific halibut regulations, and automatic conformance to federal regulations
III. Update on federal fishery disaster declaration requests
IV. Update on transition to electronic commercial fisheries landing receipts (“E-Tix”)
24. Marine Resources Committee
Discuss updates and/or recommendations from the March 20, 2019 committee meeting. Consider approving new topics to address at a future committee meeting.
(A) March 20, 2019 meeting summary
I. Receive and consider adopting recommendations
(B) Work plan development
I. Update on work plan and draft timeline
II. Discuss and consider approving new topics
Motion on Item 24
25. Whale and turtle protection in the Dungeness crab fishery
Update on legal settlement agreement to protect whales and sea turtles from entanglement in commercial Dungeness crab gear, and potential application to the recreational Dungeness crab fishery.
Motion on Item 25
26. Commission administrative items
Discuss and consider action on the upcoming meeting agenda items and rulemaking timetable, and identify any new business for discussion at a future meeting.
(A) Next meetings – May 16, 2019 (teleconference) and June 12-13, 2019
Motion on Item 26A
(B) Rulemaking timetable updates
Motion on Item 26B
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. Dennis Sturgell v. California Fish and Game Commission, California Department of Fish and Wildlife, and Office of Administrative Hearings (revocation of Dungeness crab vessel permit No. CT0544-T1)
II. California Cattlemen’s Association and California Farm Bureau Federation v. California Fish and Game Commission (gray wolf listing)
III. Public Interest Coalition v. California Fish and Game Commission (CEQA compliance during adoption of dog collar regulation)
IV. Pacific Star Sportfishing, Inc. v. California Fish and Game Commission, et al. (suspension of commercial vessel fishing permit)
V. Aaron Lance Newman v. California Fish and Game Commission (revocation of hunting and sport fishing privileges)
(B) Possible litigation involving the Commission
(C) Staffing
(D) Deliberation and action on license and permit items
I. Consider Agency Case No. 17ALJ18-FGC, the appeal filed by James Smith regarding the suspension of his guide license
II. Consider Agency Case No. 18ALJ02-FGC, the appeal filed by Charles Williams regarding a request to renew a transferable Dungeness crab vessel permit and salmon vessel permit
III. Consider Agency Case No. 18ALJ05-FG, the appeal filed by James Verboon regarding a request to renew a salmon vessel permit
IV. Consider Agency Case No. 18ALJ07-FGC, the appeal filed by John Fraser regarding a request to renew a nontransferable Dungeness crab vessel permit
V. Consider Agency Case No. 18ALJ11-FGC, the appeal filed by Louis Ferrari regarding the transferability of a nearshore fisheries permit
VI. Consider Agency Case No. 18ALJ15-FGC, the appeal filed by Peter Aliotti regarding a request to renew a salmon vessel permit
VII. Consider Agency Case No. 18ALJ16-FGC, the appeal filed by Steve Escobar regarding a request to renew a south coast region nearshore fishery gear endorsement
VIII. Consider Agency Case No. 18ALJ21-FGC, the Accusation filed against Shan Xiang Xue regarding a 20-year suspension of sport fishing privileges
CALIFORNIA FISH AND GAME COMMISSION 2019 MEETING SCHEDULE
NOTE: See important meeting deadlines and procedures at the end of the agenda. Unless otherwise indicated, the California Department of Fish and Wildlife is identified as Department. For 2019 when Commission meetings span two days, wildlife and inland fisheries agenda items will be heard on the first day and marine items will be heard on the second day; administrative items will be divided as time permits.
OTHER 2019 MEETINGS OF INTEREST
Association of Fish and Wildlife Agencies
- September 22-25, 2019, Saint Paul, MN
Pacific Fishery Management Council
- June 18-25, 2019, San Diego, CA
- September 11-18, 2019, Boise, ID
- November 13-20, 2019, Costa Mesa, CA
Pacific Flyway Council
- August 23, TBD
Western Association of Fish and Wildlife Agencies
- July 11-16, 2019, Manhattan, KS
Wildlife Conservation Board
- May 22, Sacramento, CA
- August 28, Sacramento, CA
- November 21, Sacramento, CA
IMPORTANT COMMISSION MEETING PROCEDURES INFORMATION
WELCOME TO A MEETING OF THE CALIFORNIA FISH AND GAME COMMISSION
This is the 150th year of operation of the Commission in partnership with the California Department of Fish and Wildlife. Our goal is the preservation of our heritage and conservation of our natural resources through informed decision making; Commission meetings are vital in achieving that goal. In that spirit, we provide the following information to be as effective and efficient toward that end. Welcome and please let us know if you have any questions.
PERSONS WITH DISABILITIES
Persons with disabilities needing reasonable accommodation to participate in public meetings or other Commission activities are invited to contact the Reasonable Accommodation Coordinator at (916) 651-1214. Requests for facility and/or meeting accessibility should be received at least 10 working days prior to the meeting to ensure the request can be accommodated.
STAY INFORMED
To receive meeting agendas and regulatory notices about those subjects of interest to you, please visit the Commission’s website, www.fgc.ca.gov , to sign up on our electronic mailing lists.
SUBMITTING WRITTEN COMMENTS
The public is encouraged to comment on any agenda item. Submit written comments by one of the following methods: E-mail to [email protected]; mail to California Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244-2090; deliver to California Fish and Game Commission, 1416 Ninth Street, Room 1320, Sacramento, CA 95814; or hand-deliver to a Commission meeting. Materials provided to the Commission may be made available to the general public.
COMMENT DEADLINES
The Written Comment Deadline for this meeting is 5:00 p.m. on April 4, 2019. Written comments received at the Commission office by this deadline will be made available to Commissioners prior to the meeting. The Late Comment Deadline for this meeting is noon on April 12, 2019. Comments received by this deadline will be marked “late” and made available to Commissioners at the meeting. After these deadlines, written comments may be delivered in person to the meeting – Please bring ten (10) copies of written comments to the meeting.
NON-REGULATORY REQUESTS
All non-regulatory requests will follow a two-meeting cycle to ensure proper review and thorough consideration of each item. All requests submitted by the Late Comment Deadline (or heard during public comment at the meeting) will be scheduled for receipt at this meeting, and scheduled for consideration at the next business meeting.
PETITIONS FOR REGULATION CHANGE
Any person requesting that the Commission adopt, amend, or repeal a regulation must complete and submit form FGC 1, titled, “Petition to the California Fish and Game Commission for Regulation Change” (as required by Section 662, Title 14, CCR). The form is available at 12 http://www.fgc.ca.gov/public/ . To be received by the Commission at this meeting, petition forms must have been delivered by the Late Comment Deadline (or delivered during public comment at the meeting). Petitions received at this meeting will be scheduled for consideration at the next business meeting, unless the petition is rejected under staff review pursuant to subsection 662(b), Title 14, CCR.
VISUAL PRESENTATIONS/MATERIALS
All electronic presentations must be submitted by the Late Comment Deadline and approved by the Commission executive director before the meeting.
1. Electronic presentations must be provided by email to [email protected] .
2. All electronic formats must be Windows PC compatible.
3. It is recommended that a print copy of any electronic presentation be submitted in case of technical difficulties.
4. A data projector, laptop and presentation mouse will be available for use at the meeting.
CONSENT CALENDAR
A summary of all items will be available for review at the meeting. Items on the consent calendar are generally non-controversial items for which no opposition has been received and will be voted upon under single action without discussion. Any item may be removed from the consent calendar by the Commission upon request of a Commissioner, the Department, or member of the public who wishes to speak to that item, to allow for discussion and separate action.
LASER POINTERS may only be used by a speaker during a presentation; use at any other time may result in arrest.
SPEAKING AT THE MEETING
To speak on an agenda item, please complete a “Speaker Card” and give it to the designated staff member before the agenda item is announced. Cards will be available near the entrance of the meeting room. Only one speaker card is necessary for speaking to multiple items.
1. Speakers will be called in groups; please line up when your name is called.
2. When addressing the Commission, give your name and the name of any organization you represent, and provide your comments on the item under consideration.
3. If there are several speakers with the same concerns, please appoint a spokesperson and avoid repetitive testimony.
4. The presiding commissioner will allot between one and three minutes per speaker per agenda item, subject to the following exceptions:
a. The presiding commissioner may allow up to five minutes to an individual speaker if a minimum of three individuals who are present when the agenda item is called have ceded their time to the designated spokesperson, and the individuals ceding time forfeit their right to speak to the agenda item.
b. Individuals may receive advance approval for additional time to speak if requests for additional time to speak are received by email or delivery to the Commission office by the Late Comment Deadline. The president or designee will approve or deny the request no later than 5:00 p.m. two days prior to the meeting.
c. An individual requiring an interpreter is entitled to at least twice the allotted time pursuant to Government Code Section 11125.7(c).
d. An individual may receive additional time to speak to an agenda item at the request of any commissioner.
5. If you are presenting handouts/written material to the Commission at the meeting, please provide ten (10) copies to the designated staff member just prior to speaking.