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Staff Summary for December 9-10, 2020

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Staff Summary for December 9-10, 2020 Item No. 2 STAFF SUMMARY FOR DECEMBER 9-10, 2020 2. GENERAL PUBLIC COMMENT Today’s Item Information ☒ Action ☐ Receive public comment regarding topics within FGC authority that are not included on the agenda. Summary of Previous/Future Actions • Today receive requests and Dec 9-10, 2020; Webinar/Teleconference comments • Consider granting, denying, or Feb 10-11, 2021; Webinar/Teleconference referring Background This item is to provide the public an opportunity to address FGC on topics not on the agenda. Staff may include written materials and comments received prior to the meeting as exhibits in the meeting binder (if received by written comment deadline), or as supplemental comments at the meeting (if received by the supplemental comment deadline). Public comments are generally categorized into three types under general public comment: (1) petitions for regulation change; (2) requests for non-regulatory action; and (3) informational- only comments. Under the Bagley-Keene Open Meeting Act, FGC cannot discuss or take action on any matter not included on the agenda, other than to schedule issues raised by the public for consideration at future meetings. Thus, petitions for regulation change and non- regulatory requests generally follow a two-meeting cycle (receipt and direction); FGC will determine the outcome of the petitions for regulation change and non-regulatory requests received at today’s meeting at the next regularly-scheduled FGC meeting, following staff evaluation (currently Feb 10-11, 2020). As required by the Administrative Procedure Act, petitions for regulation change will be either denied or granted and notice made of that determination. Action on petitions received at previous meetings is scheduled under a separate agenda item titled “Petitions for regulation change.” Action on non-regulatory requests received at previous meetings is scheduled under a separate agenda item titled “Non-regulatory requests from previous meetings.” Significant Public Comments 1. New petitions for regulation change are summarized in Exhibit 1, and the original petitions are provided as exhibits 2-4. 2. Requests for non-regulatory action is summarized in Exhibit 5, and the original requests are provided in exhibits 6-9 and 21. 3. Informational comments are provided as exhibits 10-20. Recommendation FGC staff: Consider whether to add any future agenda items to address issues that are raised during public comment. Author: Rose Dodgen 1 Item No. 2 STAFF SUMMARY FOR DECEMBER 9-10, 2020 Exhibits 1. Summary of new petitions for regulation change received by Nov 30, 2020 at 5:00 p.m. 2. Petition #2020-015 AM 1: Amend commercial Pacific herring regulations to exempt Lampara bait nets from the general prohibition on the use of round haul nets to take herring, received Nov 3, 2020. 3. Petition #2020-016 AM 1: Add visual disability to Section 354, authorizing use of a crossbow with a scope, received Nov 10, 2020. 4. Petition #2020-017: Allow the sport and commercial take of gooseneck barnacles, received Nov 9, 2020. 5. Summary of requests for non-regulatory action received by Nov 30, 2020 at 5:00 p.m. 6. Letter from Tomales Bay Oyster Company requesting an amendment to State Water Bottom Lease No. M-430-04 to allow for the use of a SEAPA brand oyster culture system to cultivate Pacific oysters and Kumamoto oysters, received Oct 26, 2020. 7. Email from Michael Stapleton requesting that Alexandre Dairy be removed from the Private Lands Management program, received Nov 3, 2020. 8. Email from Randal South requesting that his organization or another entity be allowed to reintroduce gray wolves to the Lake Earl Wildlife Refuge, received Nov 15, 2020. 9. Email from Richard James requesting a survey of the shoreline and bay floor adjacent to and near to State Water Bottom Lease No. M-430-06, and additionally commenting on the use of hand-operated pumps to take clams and requesting information on a potential future rule change relevant to their use, received Nov 30, 2020. 10. Letter from Brian Frlekin recommending a lobster tag program be implemented alongside the lobster report card in the recreational California spiny lobster fishery, received Oct 6, 2020. 11. Email from Eric Mills forwarding a press release on the ban of wild turtle commerce in South Carolina, received Oct 23, 2020. 12. Email from Briana Pawka raising concerns about fishermen harassing geese in Howarth Park, Santa Rosa, received Oct 30, 2020. 13. Email from Melissa Hanson stating her intent to petition the Commission to allow commercial take of Sargassum horneri, received Nov 10, 2020. 14. Email from Eric Mills forwarding an article highlighting the risks of wildlife trade relevant to COVID-19, received Nov 18, 2020. 15. Email from Kevin Matthews and Jake Parker calling attention to the low population of sardines and recommendations that the Pacific Fishery Management Council raise the population size threshold for fishing to be allowed, received Nov 19, 2020. 16. Email from Mario Romero supporting petition 2019-018 to remove the family Mustelidae (ferrets) from the list of wild animals prohibited to be possessed in the state, received Nov 21, 2020. Please note that petition 2019-018 was denied at the Oct 9-10, 2019 FGC meeting. 17. Email from Stephanie Velea speaking against the lack of protection from hunting for fur-bearing mammals, especially grey wolves as they recently lost the protection under the federal Endangered Species Act, received Nov 21, 2020. Author: Rose Dodgen 2 Item No. 2 STAFF SUMMARY FOR DECEMBER 9-10, 2020 18. Email from Eric Mills forwarding a nature-related news blog and highlighting an item related to the potential removal of Klamath River dams, received Nov 23, 2020. 19. Email from Warner Chabot forwarding a press release about a new study co-authored by the San Francisco Estuary Institute concerning pollutants from car tires and their toxic effects on salmon, received Nov 29, 2020. 20. Email from Warner Chabot containing the manuscript of a new study concerning pollutants from car tires and their toxic effects on salmon, which is to be published in SCIENCE on Dec 3, 2020, as well as a San Francisco Estuary Institute news release about the manuscript, received Nov 30, 2020. 21. Email from Michael Garabedian on behalf of Placer County Tomorrow providing a copy of comments submitted to the Central Valley Regional Water Control Board regarding the Placer Ranch project application for a 401 Water Quality Certification. The comment requests that FGC hold hearings regarding the streambed alteration permit and 401 water quality certification, received Nov 30, 2020. Motion/Direction (N/A) Author: Rose Dodgen 3 CALIFORNIA FISH AND GAME COMMISSION RECEIPT LIST FOR PETITIONS FOR REGULATION CHANGE: RECEIVED BY 5:00 PM ON NOVEMBER 30, 2020 Revised 11/30/2020 Date Subject Tracking No. Name of Petitioner Short Description FGC Receipt Scheduled FGC Action Scheduled Received of Request Allow Lampara bait nets Amend commercial Pacific herring regulations to exempt Lampara bait nets, as as alternative gear for 2020-015 AM1 11/3/2020 Ken Bates described in Fish and Game Code Section 8780, from the current prohibition on the 12/9-10/20 2/10-11/21 commercial take of Pacific use of round haul nets to take herring. herring 2020-016 AM1 11/10/2020 Richard Montre ADA Archery Scope Add visual disability to Section 354, authorizing use of a crossbow with a scope. 12/9-10/20 2/10-11/21 Allow the sport and commercial take of Pollicipes polymerus by amending Title 14 2020-017 11/9/2020 Carlon LaMont Gooseneck barnacles Section 29.05.b.1 to include Gooseneck Barnacles (Pollicipes polymerus) 12/9-10/20 2/10-11/21 specifically. Page 1 of 1 State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 1 of 3 Tracking Number: (2020-015 AM1) To request a change to regulations under the authority of the California Fish and Game Commission (Commission), you are required to submit this completed form to: California Fish and Game Commission, (physical address) 1416 Ninth Street, Suite 1320, Sacramento, CA 95814, (mailing address) P.O. Box 944209, Sacramento, CA 94244-2090 or via email to [email protected]. Note: ​ ​ This form is not intended for listing petitions for threatened or endangered species (see Section 670.1 of Title 14). Incomplete forms will not be accepted. A petition is incomplete if it is not submitted on this form or fails to contain necessary information in each of the required categories listed on this form (Section I). A petition will be rejected if it does not pertain to issues under the Commission’s authority. A petition may be denied if any petition requesting a functionally equivalent regulation change was considered within the previous 12 months and no information or data is being submitted beyond what was previously submitted. If you need help with this form, please contact Commission staff at (916) 653-4899 or [email protected]. SECTION I: Required Information. Please be succinct. Responses for Section I should not exceed five pages 1. Person or organization requesting the change (Required) Name of primary contact person: Ken Bates Address: Telephone number: Email address: 2. Rulemaking Authority (Required) - Reference to the statutory or constitutional authority of ​ the Commission to take the action requested: “The MLMA requires that fishery management ​ be adaptive. The MLMA defines adaptive management as a policy that seeks to improve management by viewing management actions as tools for learning, even if they fail [90.1]. The ​ MLMA stipulates that management should: ensure that management is proactive and responds quickly to changing environmental conditions and market or other socio-economic factors and to the concerns of fishery participants [7056(1)].” This is ​ quoted directly from the Commission’s 2018 Master Plan for Fisheries, Implementation of the MLMA.
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