Audio Only
Notes:
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.
Invitation:
The Commission invites members of the public to join commissioners and
staff for two tours that will take place following the meeting recess on
Wednesday. Details for the tours, associated with ranching, beekeeping, and
watershed/post-fire restoration, will be available the morning of the first day
of the commission meeting in the meeting room. Members of the public are
welcome, but must provide their own transportation.
JUNE 12, 2019, 8:30AM
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).
CONSENT ITEMS
3. Five-year private lands wildlife habitat enhancement and management area (PLM) licenses and plans
Consider approving five-year PLM plans and 2019-2023 licenses for: (Pursuant to Section 601, Title 14, CCR)
(A) Butte County
I. Soper-Wheeler
(B) Calaveras County
I. Ordway Ranch
(C) Glenn County
I. Bird Haven Ranch
(D) Lassen County
I. Clarks Valley Ranch
II. Five Dot Ranch-Avila
III. Red Rock Ranch
(E) Mendocino County
I. Schneider Ranch
F) Monterey County
I. Gabilan Ranch
(G) Shasta County
I. Duncan Creek Ranch
(H) Stanislaus County
I. Roostercomb Ranch
(I) Tehama County
I. Corning Land and Cattle Company
Consider approving annual PLM plans and 2019/2020 licenses for: (Pursuant to Section 601, Title 14, CCR)
(A) Butte County
I. Deserte Farms - Ballard Unit
II. Deseret Farms - Wilson Unit
III. Llano Seco Rancho
(B) Butte/Tehama counties
I. Rock Creek
(C) Glenn County
I. Spurlock Ranch
(D) Lassen County
I. Ash Valley Ranch
II. Dixie Valley Ranch
III. Five Dot Ranch - Horse Lake
IV. Five Dot Ranch - School Section
V. Five Dot Ranch - Tunnel Springs
VI. Five Dot Ranch - Willow Creek
VII. Kramer Ranch
VIII. Mendiboure Cold Springs Ranch
IX. Mendiboure Ranch
X. Observation Peak Ranch
XI. Walton Homestead Family, LLC
(E) Los Angeles County
I. Santa Catalina Island
(F) Mendocino County
I. Ackerman - South Daugherty Wildlife Management Area
II. Eden Valley Ranch
III. R-R Ranch
IV. Six Point Ranch (formerly Potter Valley Wildlife Management Area)
(G) Modoc County
I. Basin View Ranch
II. Lookout Ranch
III. SL Ranch
(H) Modoc County
I. Bardin Ranch
(I) Modoc County
I. Big Morongo Springs Ranch
(J) Modoc County
I. Black Ranch
II. Clover Creek Ranch
III. Hathaway Oak Run Ranch
IV. JS Ranch
V. Rickert Ranch
VI. Triple B Ranch
(K) Siskiyou County
I. Long Prairie Farms
II. Pondossa
III. Red Rock Valley Farms
(L) Tehama County
I. Big Bluff Ranch
II. CEl Rancho Rio Frio
III. Little Dry Creek Ranch
IV. Salt Creek Ranch
(M) Yuba County
I. Sugarloaf-Bangor Ranch
5. Upper Klamath-Trinity river spring Chinook salmon
Consider approving the Department’s request for a six-month extension to deliver the one-year status review report on the petition to list Upper Klamath-Trinity river spring Chinook salmon (Oncorhynchus tshawytscha) as an endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2074.6, Fish and Game Code)
6. San Bernardino kangaroo rat
Receive 90-day evaluation report from the Department for the petition to list San Bernardino kangaroo rat (Dipodomys merriami parvus) as an endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2073.5, Fish and Game Code)
Receive the Department’s one-year status review report on the petition to list
Cascades frog (Rana cascadae) as an endangered or threatened species under
CESA.
(Pursuant to Section 2074.6, Fish and Game Code)
The Department will recommend that this item be continued to a future
Commission meeting.
(A) Review and consider action on a restricted species permit approved by the Department for San Diego State University to possess transgenic zebrafish. (Pursuant to subdivision 15007(e), Fish and Game Code, and subsection 671.1(a)(8)(H), Title 14, CCR)
(B) Receive application from Chapman University for a restricted species permit for transgenic zebrafish. (Pursuant to subdivision 15007(e), Fish and Game Code, and subsection 671.1(a)(8)(H), Title 14, CCR)
Consider approving proposed duck stamp projects for Fiscal Year 2019-20. (Pursuant to Section 3702, Fish and Game Code)
Motion on Consent Items 3-9
10. Tribal Committee
Discuss updates and/or recommendations from the June 11, 2019 committee meeting.
Consider approving new topics to address at a future committee meeting
(A) June 11, 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 10
11. Wildlife Resources Committee
Discuss updates and/or recommendations from the May 16, 2019 committee meeting. Consider approving new topics to address at a future committee meeting.
(A) May 16, 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 11
12. Northern California summer steelhead
Consider and potentially act on the petition, Department’s evaluation report, and
comments received to determine whether listing northern California summer steelhead
(Oncorhynchus mykiss irideus) as an endangered or threatened species under CESA
may be warranted.
(Pursuant to sections 2074 and 2074.2, Fish and Game Code)
Note: if the Commission determines listing may be warranted, a one-year status review will
commence before the final decision on listing is made.
Motion on Item 12
13. Northern California summer steelhead regulations
If the Commission determines that listing may be warranted for Northern California summer steelhead (Oncorhynchus mykiss irideus) under CESA, discuss and potentially take regulatory actions.
14. Bumble bees
Consider and potentially act on the petition, Department’s evaluation report, and
comments received to determine whether listing 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
or threatened species under CESA may be warranted.
(Pursuant to sections 2074 and 2074.2, Fish and Game Code)
Note: if the Commission determines listing may be warranted, a one-year status review will
commence before the final decision on listing is made.
Motion on Item 14
15. Wildlife and inland fisheries petitions for regulation change
Consider requests 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 #2019-006 AM 1: Use of bait for taking bear
II. Petition #2019-008 AM 2: Firing range at Ballona Wetlands Ecological Reserve
III. Petition #2019-009: Trinity River fishing regulations
IV. Petition #2019-010 AM 2: Use of airguns for taking game
V. Petition #2019-011: Bag and possession limits for brown trout in the Klamath River Basin
(B) Action on pending regulation petitions referred to staff or the Department for review
I. Petition #2019-001: Commercial parking at Ballona Wetlands Ecological Reserve
II. Petition #2018-018: Crow hunting at Hollenbeck Canyon Wildlife Area
Motion on Item 15
16. Wildlife and inland fisheries non-regulatory requests from previous meetings
(A) Action on non-regulatory requests
(B) Action on pending non-regulatory requests referred to staff or the Department for review
Motion on Item 16
17. Departmental informational items (wildlife and inland fisheries)
The Department will highlight wildlife and inland fisheries items of note since the last Commission meeting.
(A) 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. Update on efforts to eradicate nutria in California
Recess
June 13, 2019
Call to order/roll call to establish quorum
18. 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).
CONSENT ITEMS
19. 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)
20. San Pablo Bay National Wildlife Refuge
Potential approval for U.S. Fish and Wildlife Service to acquire fee interest in a 487-acre property located in Solano and Napa counties for inclusion in the San Pablo Bay National Wildlife Refuge.
Motion on Consent Items 19-20
21. Acting executive director’s report
Receive an update from the acting executive director on staffing and legislative information.
22. Prosecutor of the Year award
Pursuant to the Commission’s Prosecutor of the Year policy:
(A) Announce recipient of the Prosecutor of the Year award
(B) Discuss possible expansion of award eligibility criteria
Motion on Item 22
Receive an update on the strategic planning process.
24. Marine 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 Consent Item 24
Receive and discuss the draft Pacific Herring FMP.
(Pursuant to Fish and Game Code Section 7075, et seq.)
Motion on Item 25
26. Pacific herring regulations
Consider authorizing publication of notice of intent to adopt new and amend existing
Pacific herring sport fishing and commercial take regulations that implement the Pacific
Herring FMP.
(Add sections 55.00, 55.01, and 55.02, and amend sections 27.60, 28.60, 28.62, 163,
163.1, 163.5, 164, and 705, Title 14, CCR)
Motion on Item 26
27. Hagfish traps
Discuss and consider adopting proposed changes to commercial take of hagfish regulations, including use of barrel traps and buoy marking requirements for all trap types. (Section 180.6, Title 14, CCR)
Motion on Item 27
28. Marine petitions for regulation change
Consider requests 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 #2019-004: Recovery of abandoned lobster traps
(B) Action on pending regulation petitions referred to staff or the Department for review
Motion on Item 28
29. Marine non-regulatory requests from previous meetings
Consider non-regulatory requests submitted by members of the public at previous meetings.
(A) Action on non-regulatory requests
(B) Action on pending non-regulatory requests referred to staff or the Department for review
I. Staff update and possible Commission action concerning request by Hog Island Oyster Company to continue current aquaculture operations on state water bottom lease numbers M-430-10, M-430-11, M-430-12, and M-430-15 during the lease amendments process.
30. Departmental informational items (marine)
The Department will highlight marine items of note since the last Commission meeting.
(A) Director’s report
(B) Law Enforcement Division
(C) Marine Region
(D) Other
I. Update on offshore marine aquaculture programmatic environmental impact report
31. Commission meeting dates and locations for 2020
Receive and discuss proposed meeting dates and locations for Commission and committee meetings for January through December of 2020.
32. 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 meeting – August 7-8, 2019 in Sacramento – and other future meetings
Motion on Item 32 (A)
(B) Rulemaking timetable updates
Motion on Item 32 (B)
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 Department of Fish and Wildlife, and California Fish and Game Commission(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., et al. 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)
VI. Adam Aliotti and Alicia Dawn, Inc. v. California Fish and Game Commission, and California Department of Fish and Wildlife (suspension of commercial fishing license and tier-1 spot prawn trap vessel permit)
(B) Possible litigation involving the Commission
(C) Staffing
(D) Deliberation and action on license and permit items
CALIFORNIA FISH AND GAME COMMISSION 2019 MEETING SCHEDULE
Note: As meeting dates and locations can change, please visit www.fgc.ca.gov for the most current list of meeting dates and locations.
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, Clackamas, OR
Western Association of Fish and Wildlife Agencies
- July 11-16, 2019, Manhattan, KS
Wildlife Conservation Board
- 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 year marks the beginning of 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 May 30, 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 June 7, 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.