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.
Agenda Item 15, Strategic Planning, will be in a workshop format at the end
of the first day. The item will begin 15 minutes after the next-to-last agenda
item is heard that day (approximately between 2 and 3 PM).
Invitation:
Water Resilience Portfolio Listening Session (August 8)
The Commission invites interested stakeholders to join a listening session in
the auditorium at approximately 11:00 AM, or 15 minutes after the meeting
concludes, for the public to share input on building water resiliency and a
resilient water portfolio for California, including presentations on recent and
current efforts. The listening session is an effort to help implement Governor
Newsom’s Executive Order N-10-19 which established the State of California
Water Resilience Portfolio Initiative, and will contribute to ensuring the longterm sustainability of California’s fish and wildlife.
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
Review and consider action on a restricted species permit approved by the Department for Chapman University to possess transgenic zebrafish. (Pursuant to subdivision 15007(e), Fish and Game Code, and subsection 671.1(a)(8)(H), Title 14, CCR)
4. Northern California summer steelhead
Consider approving the Department’s request for a six-month extension to review the petition to list northern California summer steelhead (Oncorhynchus mykiss irideus) as an endangered species under the California Endangered Species Act (CESA). (Pursuant to Section 2074.6, Fish and Game Code)
Motion on Consent Items 3 and 4
(A) Receive a petition to list mountain lion (Puma concolor) as a threatened or endangered species under CESA. (Pursuant to Section 2073.3, Fish and Game Code, and subsection 670.1(c), Title 14, CCR)
(B) Consider approving the Department’s request for a 30-day extension to review the petition to list mountain lion (Puma concolor) as a threatened or endangered species under CESA. (Pursuant to Section 2073.5, Fish and Game Code)
Motion on Consent Item 5
6. Acting executive director’s report
Receive an update from the acting executive director on staffing and legislative information.
(B) Legislative report, federal regulatory notices, and possible action
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 7
8. 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 approve new topics
Motion on Item 8
9. Possession of nongame animals (nutria)
Consider authorizing publication of notice of intent to amend possession of nongame animals regulations, in order to exclude nutria (Myocastor coypus) from the list of nongame animals that can be possessed alive with a special permit. (Section 473, Title 14, CCR)
Motion on Item 9
10. San Bernardino kangaroo rat
Consider and potentially act on the petition, Department’s evaluation report, and comments received to determine whether listing San Bernardino kangaroo rat 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 10
11. Delta Fisheries Management Policy
Discuss the draft Delta Fisheries Management Policy and compatibility of the Commission’s Striped Bass Policy.
Motion on Item 11
(A) Present the Prosecutor of the Year award to Jessica Brown, Supervising City Attorney, City of Los Angeles
(B) Receive and consider adopting an amended Prosecutor of the Year policy expanding the award eligibility criteria.
Motion on Item 12
13. Wildlife and inland fisheries 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 – None scheduled at this time
Motion on Item 13
14. 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
(B) Law Enforcement Division
I. Fraudulent websites highlight
(C) Wildlife and Fisheries Division, and Ecosystem Conservation Division
I. Update on efforts to eradicate nutria in California
This agenda item will be held in a workshop format, where commissioners and members of the public will engage in dialogue about the Commission’s strategic plan. See note at beginning of agenda regarding timing.
(A) Review adopted vision, mission, and core values
(B) Discuss and make initial recommendations for potential goals
(C) Discuss next steps in the planning process
Recess
DAY 2 - August 8, 2019
Call to order/roll call to establish quorum
16. 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).
17. Recognition of former Commission Executive Director
Recognize former Executive Director Valerie Termini for her commitment and service to the Commission.
18. Marine Resources Committee
Discuss updates and/or recommendations from the July 11, 2019 committee meeting. Consider approving new topics to address at a future committee meeting.
(A) July 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 18
19. Experimental fishing permit program (Phase 1)
Consider authorizing publication of notice of intent to adopt experimental fishing permit (EFP) regulations, to allow for issuing of EFPs to fishermen that were issued experimental gear permits in 2018 for the box crab experimental gear permit program, as approved by the Commission. (Adopt Chapter 5.6, Section 90; and adopt Section 704, Title 14, CCR)
Motion on Item 19
20. Pacific Herring Fishery Management Plan (FMP)
Dexiscuss the draft Pacific Herring FMP. (Pursuant to Fish and Game Code Section 7075, et seq.)
Motion on Item 20
21. Pacific herring regulations
Discuss 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)
22. Draft aquaculture programmatic environmental impact report
Receive and discuss the draft programmatic environmental impact report for future
offshore aquaculture.
The Department will recommend that this item be continued to a future meeting.
23. 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 #2019-012: Prohibit hand operated water pumps for take of gaper and other clams
(B) Action on pending regulation petitions referred to staff or the Department for review
I. Petition #2018-017: Remove minimum fillet size for ocean whitefish and only require the fillet to bear the entire skin intact
Motion on Item 23
24. Departmental informational items (marine)
(A) Director’s report
(B) Law Enforcement Division
I. Announce recipient of the Department’s Wildlife Officer of the Year award
(C) Marine Region
25. Commission and committee meeting dates and locations for 2020
Discuss and consider adopting proposed meeting dates and locations of Commission and committee meetings for January through December of 2020.
Motion on Item 25
26. Commission administrative items
(A) Next meeting – October 9-10, 2019 in San Diego
Motion on Item 26A
(B) Rulemaking timetable updates
Motion on Item 26B
WATER RESILIENCE PORTFOLIO INITIATIVE LISTENING SESSION
*This session will be held immediately following the conclusion of the California Fish
and Game Commission’s August 7-8 meeting, and will begin at approximately 11:00 AM,
or 15 minutes after the Commission meeting concludes.
The Commission is hosting this public listening session to offer stakeholders an opportunity to
provide input on what constitutes a “climate resilient water portfolio” for California and,
specifically, on water resiliency for fish and wildlife.
State agencies are asking Californians to help shape a roadmap for meeting future water
needs and ensuring environmental and economic resilience through the 21st century. Input
from the public will help the California Natural Resources Agency, California Environmental
Protection Agency, and California Department of Food and Agriculture craft recommendations
to fulfill Governor Newsom’s April 29 executive order, calling for a suite of actions to build a
climate-resilient water system and ensure healthy waterways.
Call to order
1. Approve agenda and order of items
2. Informational presentations
Receive informational presentations from a panel of state agency and non-governmental
organization leaders engaged in actions/projects that have or will contribute to water
resiliency in support of California’s fish and wildlife.
(A) California Natural Resources Agency: Introductory remarks from Nancy Vogel, Director, Governor’s Water Portfolio Program
(B) California Department of Fish and Wildlife: Stafford Lehr, Deputy Director for Wildlife and Fisheries Division, and Kevin Shaffer, Chief, Fisheries Branch
(C) Wildlife Conservation Board: Rebecca Fris, Assistant Executive Director
(C) The Freshwater Trust: Erik Ringelberg, California Director
3. Public comments and input
The Commission encourages stakeholders to share ideas regarding actions the state
can take to further advance the water resilience initiative.
4. General public comment for items not on the agenda
The Commission may not discuss or take action on any matter raised during this item, except to
consider whether to recommend that the matter be added to the agenda of a future meeting.
[Sections 11125, 11125.7(a), Government Code]
IMPORTANT MEETING PROCEDURES INFORMATION
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.
Submitting Written Materials
The public is encouraged to attend the listening session and engage in the discussion about
items on the agenda; the public is also welcome to comment on agenda items in writing. To
see a calendar of related events and learn how to provide input directly to the California Water
Resilience Portfolio Initiative, please visit www.WaterResilience.ca.gov.
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
I. Consider Agency Case No. 18ALJ11-FGC, the appeal filed by Louis Ferrari regarding the transferability of a nearshore fisheries permit.
II. Consider Agency Case No. 19ALJ03-FGC, the appeal filed by Warren Wayland regarding the Department’s denial of a request to renew a salmon vessel permit.
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
- 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
- No additional 2019 meetings are scheduled at this time
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 July 25, 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 August 2, 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.