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 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 , 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. Staff Note: Petitioner-identified authority of Fish and Game Code Section 8780, under I.3-Overview, satisfies this requirement. (Note was added 11/17/2020) 3. Overview (Required) - Summarize the proposed changes to regulations: ​ I am requesting an amendment to Title 14 CCR Sect. 163 (2), Harvest of Herring. Amended as follows: Sect. 163 (2) “the use of round haul nets (except Lampara bait nets as ​ described in Fish and Game code section 8780) to take herring is prohibited. ​ 4. Rationale (Required) - Describe the problem and the reason for the proposed change: ​ I am applying to take limited amounts of Pacific Herring with Lampara Bait Net gear as described in the Fish and Game code. In 2008, Eureka Ice and Cold Storage, located in Eureka closed. Loss of freezing capacity shut down the “herring roe” fishery in both Humboldt and Crescent City permit areas. In 2018/2019, I developed limited markets for fresh Pacific herring. Catching herring for these markets by use of gillnet gear is irresponsible, as there is State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 2 of 3

no way to control harvest rate with gillnet gear. I can say this with much assurance as I have 24 years experience with small scale Lampara gear and have done two years of volunteer sampling of Humboldt Bay Herring for the Fish and Game Commission and the Department. This is the logical way to take small amounts of fish and avoid wanton waste and discards. All unused fish in the net are released alive ( see YouTube- Humboldt Bay Herring Lampara Net).

SECTION II: Optional Information

5. Date of Petition: October 14, 2020

6. Category of Proposed Change ☐​ Sport Fishing ☐​ Commercial Fishing 0 ​ ☐​ Hunting ☐​ Other, please specify: Click here to enter text. ​

7. The proposal is to: (To determine section number(s), see current year regulation booklet or ​ ​ ​ https://govt.westlaw.com/calregs). The goal of the proposal is to ​ ​ exercise provision [7056(1)] of the Commissions Marine Life Management Act 2018 Implementation Plan by amending Title 14, Section 163 (2) X​ Amend​ Title 14 Section(s): 163(2)

☐​ Add New Title 14 Section(s): N/A ☐​ Repeal Title 14 Section(s): N/A

8. If the proposal is related to a previously submitted petition that was rejected, specify the tracking number of the previously submitted petition Or ☐ Not applicable. ​

9. Effective date: If applicable, identify the desired effective date of the regulation. January 2, ​ ​ 2021 If the proposed change requires immediate implementation, explain the nature of the emergency: 10. Supporting documentation: Identify and attach to the petition any information supporting the ​ proposal including data, reports and other documents: During the public comment process of the Herring FMP, I repeatedly lobbied Ryan Bartling, Sarah Valencia, Nick Sorhakoff and other team members to include a provision in the FMP to consider “alternative fishing gears” to take herring. Contained in *Appendix A of the Herring FMP is a discussion of the use of “Lampara round haul gear” as a potential alternative gear type to take small amounts of Pacific Herring. *See Pacific Herring FMP; Appendix A. 11. Economic or Fiscal Impacts: Identify any known impacts of the proposed regulation change ​ on revenues to the California Department of Fish and Wildlife, individuals, businesses, jobs, other state agencies, local agencies, schools, or housing: Increased revenue to Fish and Wildlife through landing and research taxes, economic benefit to the recipients of fresh fish.

State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 3 of 3

12. Forms: If applicable, list any forms to be created, amended or repealed: ​ Click here to enter text.

SECTION 3: FGC Staff Only

Date received: Click here to enter text. ​

FGC staff action: ☐ Accept​ - complete ☐​ Reject - incomplete ☐​ Reject - outside scope of FGC authority Tracking Number Date petitioner was notified of receipt of petition and pending action: ______

Meeting date for FGC consideration: ______

FGC action: ☐ Denied​ by FGC ☐​ Denied - same as petition ______Tracking Number ☐​ Granted for consideration of regulation change

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: (2020-016 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: Richard Montre. Address: Telephone number: ( Email address: r

2. Rulemaking Authority (Required) - Reference to the statutory or constitutional authority of the Commission to take the action requested: California Code of Regulations, Title 14, Section 354.

3. Overview (Required) - Summarize the proposed changes to regulations :Would add visual disability to Section 354, authorizing use of a crossbow with a scope. The same reasons apply to bows as apply to muzzleloaders as in Title 14, Section 353. The permit could be issued to any person with a physical disability that prevents him/her from being able to focus on the target utilizing archery bow sights. The disabled Archery Scope permit would authorize the disabled hunter to use a crossbow with a scope.

4. Rationale (Required) - Describe the problem and the reason for the proposed change:Using bow sights for those with visual disabilities has the same problems as those who have problems using open sights on a muzzleloading rifle. A solution would be to provide an application for a Disabled Archery scope permit. The permit would require an Optometrist’s Signature.

SECTION II: Optional Information

5. Date of Petition: 10/23/2020.

6. Category of Proposed Change

State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 2 of 3

☐ Sport Fishing ☐ Commercial Fishing X Hunting ☐ Other, please specify: Click here to enter text.

7. The proposal is to: (To determine section number(s), see current year regulation booklet or https://govt.westlaw.com/calregs) X Amend Title 14 Section(s):354 ☐ Add New Title 14 Section(s): Click here to enter text. ☐ Repeal Title 14 Section(s): Click here to enter text.

8. If the proposal is related to a previously submitted petition that was rejected, specify the tracking number of the previously submitted petition Click here to enter text. Or X Not applicable.

9. Effective date: If applicable, identify the desired effective date of the regulation. If the proposed change requires immediate implementation, explain the nature of the emergency: 11/13/2020.

10. Supporting documentation: Identify and attach to the petition any information supporting the proposal including data, reports and other documents: I think the idea speaks for itself, so I can’t think of what type of other documentation I could supply.

11. Economic or Fiscal Impacts: Identify any known impacts of the proposed regulation change on revenues to the California Department of Fish and Wildlife, individuals, businesses, jobs, other state agencies, local agencies, schools, or housing: I don’t think there will be any fiscal impacts

12. Forms: If applicable, list any forms to be created, amended or repealed: Need to amend Form DFW 537 or create new similar form

SECTION 3: FGC Staff Only

Date received: Click here to enter text.

FGC staff action: ☐ Accept - complete ☐ Reject - incomplete ☐ Reject - outside scope of FGC authority Tracking Number Date petitioner was notified of receipt of petition and pending action: ______

Meeting date for FGC consideration: ______

FGC action: ☐ Denied by FGC

State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 3 of 3

☐ Denied - same as petition ______Tracking Number ☐ Granted for consideration of regulation change

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: (______)2020-017

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: Carlon LaMont Address: Telephone number: Email address:

2. Rulemaking Authority (Required) - Reference to the statutory or constitutional authority of the Commission to take the action requested: Section 200 and 205

3. Overview (Required) - Summarize the proposed changes to regulations: Allow the sport and commercial take of Pollicipes polymerus by amending Title 14 Section 29.05.b.1 to include Gooseneck Barnacles (Pollicipes polymerus) specifically.

4. Rationale (Required) - Describe the problem and the reason for the proposed change: Culinary important, with history of being used by coastal natives (The Natural World of the California Indians. By Robert F. Heizer and Albert B. Elsasser.), status is not threatened, and is aggressive with regards to regrowth in intertidal zones. The only specific mention of the illegal take of this animal is found under; "ARTICLE 19. (Marine Aquaria Pets) 8598.a.I". With the current condition of the law and it's interpretation it prohibits any take of this species.

SECTION II: Optional Information 5. Date of Petition: Click here to enter text.

6. Category of Proposed Change ☐ Sport Fishing State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 2 of 3

☐ Commercial Fishing ☐ Hunting ☐ Other, please specify: Click here to enter text.

7. The proposal is to: (To determine section number(s), see current year regulation booklet or https://govt.westlaw.com/calregs) ☐ Amend Title 14 Section(s):§ 29.05.b.1 ☐ Add New Title 14 Section(s): Click here to enter text. ☐ Repeal Title 14 Section(s): Click here to enter text.

8. If the proposal is related to a previously submitted petition that was rejected, specify the tracking number of the previously submitted petition Click here to enter text. Or ☐ Not applicable.

9. Effective date: If applicable, identify the desired effective date of the regulation. If the proposed change requires immediate implementation, explain the nature of the emergency: 1/1/2021

10. Supporting documentation: Identify and attach to the petition any information supporting the proposal including data, reports and other documents: https://en.wikipedia.org/wiki/Pollicipes_polymerus

11. Economic or Fiscal Impacts: Identify any known impacts of the proposed regulation change on revenues to the California Department of Fish and Wildlife, individuals, businesses, jobs, other state agencies, local agencies, schools, or housing: Has potential for creating new fishing jobs. While opening up an avenue for local restaurants to source local sustainable seafood options.

12. Forms: If applicable, list any forms to be created, amended or repealed: Click here to enter text.

SECTION 3: FGC Staff Only

Date received: Click here to enter text.

FGC staff action:

☐ Accept - complete ☐ Reject - incomplete ☐ Reject - outside scope of FGC authority Tracking Number Date petitioner was notified of receipt of petition and pending action: ______

State of California – Fish and Game Commission PETITION TO THE CALIFORNIA FISH AND GAME COMMISSION FOR REGULATION CHANGE FGC 1 (Rev 06/19) Page 2 of 2

Meeting date for FGC consideration: ______

FGC action:

☐ Denied by FGC ☐ Denied - same as petition ______Tracking Number ☐ Granted for consideration of regulation change

CALIFORNIA FISH AND GAME COMMISSION RECEIPT LIST FOR NONREGULATORY REQUESTS: RECEIVED BY 5:00 PM ON NOVEMBER, 2020 Revised 12/03/2020

Date Name/ Short FGC Receipt FGC Action Subject of Request Received Organization of Requestor Description Scheduled Scheduled

Request for an amendment to State Amendment to State Water Bottom Heidi Gregory, Tomales Bay Oyster Water Bottom Lease No. M-430-04 for 10/26/2020 Lease No. M-430-04 for purposes of 10/14/20 12/9-10/2020 Company purposes of aquaculture to add culture aquaculture methods for approved species. Remove Alexandre Dairy from the PLM 11/3/2020 Michael Stapleton Public Lands Management Program program for interference in elk hunts in 10/14/20 12/9-10/2020 Del Norte County. Reintroduce grey wolves to the Lake 11/15/2020 Randal South Reintroduction of Gray Wolves Earl Wildlife Refuge as a method of 10/14/20 12/9-10/2020 controlling nuisance elk in the area. Undertake a complete survey of the Shorline Conditions Near State 11/30/2020 Richard James, Coastodian shoreline and bay floor adjacent and 10/14/20 12/9-10/2020 Water Bottom Lease No. M-430-06 near to lease No. M-430-06. Requests that the Commission hold hearings regarding the streambed Mike Garabedian, Placer Ranch project application for a 11/30/2020 alteration permit and 401 water quality 10/14/20 12/9-10/2020 Placer County Tomorrow 401 Water Quality Certification certification submitted by the Placer Ranch project.

Page 1 of 1

From: Michael Stapleton Sent: Tuesday, November 3, 2020 6:56 AM To: FGC Subject: Fwd: Fort Dick Group SHARE Elk Hunt Oct. 10-13, 2020

Dear Melissa,

I am of the understanding that last year, ALexandre Dairy of Del Norte County was recommended by the Private Lands Management (PLM) Coordinator, Victoria Barr, to not be renewed in the PLM Program because of previous infractions. However, she was overruled and the Alexandre Dairy of Del Norte County was renewed into the PLM Program. I would ask that the information provided below be shared with the Fish and Game Commissioners and that consideration be given to removing Alexandre Dairy from the program. They have clearly abused the requirements of the PLM Program. Please feel free to contact me.

Thank you, Michael Stapleton

------Forwarded message ------From: Michael Stapleton Date: Mon, Oct 12, 2020 at 11:49 AM Subject: Fort Dick Group SHARE Elk Hunt Oct. 10-13, 2020 To: Barr, Victoria@Wildlife , , Found- Jackson, Christine@Wildlife , Stoddard, Jeffrey@Wildlife , , Cc: Justin Marquis Jeffrey Leikauf

Victoria and other DFW employees,

I was a support person for Wendy Marquis that got drawn for the Fort Dick Group SHARE Elk Hunt Oct. 10-13, 2020. On at least four incidents, Alexandre Dairy personnel were witnessed, video taped, or suspected of interfering in the legal SHARE hunts of the four hunters involved by impeding the natural movements of the elk from leaving the Alexandre Dairy properties and entering SHARE properties. I have attached a drawing to show the locations.

• "A" - at approximately 9-10 am on Saturday Oct. 10, 2020 Hunter Jeff Leikauf (cell ) witnessed an Alexandre Dairy employee in a white Toyota truck interfering with the movement of elk onto the Tedsen property to the south. • "B" - mid pm Saturday Oct. 10, 2020 Hunter Wendy Marquis (cell ) was stalking a herd of elk and witnessed an Alexandre Employee in a white Dodge flatbed truck driving nearby and screaming which dispersed the elk. • "C" - at 6:46 pm on Saturday Oct. 10, 2020 Michael Stapleton (cell ) witnessed a herd of elk right next to the southerly fence line of the Weatherall SHARE hunt property. Suddenly an Alexandre Dairy property employee in a white Dodge flatbed truck started herding the elk away from the fence line that they appeared to be

wanting to cross, on back onto the Alexandre Dairy property for 1/4-1/3 mile at a relatively high speed chasing the elk. The elk appeared to be very distressed by this herding by the truck. At times the truck had its horn blaring as it chased the very disturbed and confused elk herd. It was almost unbelievable what I was witnessing and videoed. https://photos.app.goo.gl/TmRWogzSxjA5Gv1v8 • "D" - at approximately 7 am Sunday Oct. 11, 2020 Billy Tedsen (cell ), Fort Dick Group SHARE Hunt Coordinator, witnessed a white Toyota Alexandre Dairy truck that had just left a field to chase elk back from a fence line that they could potentially cross onto SHARE hunt property. There were fresh tire tracks in the dewy field and the truck's tires were covered in wet dew.

The fact that none of the elk herds on the Alexandre Dairy Private Lands Management (PLM) lands were allowed to leave by the Alexandre Dairy employees, the SHARE hunters were unable to harvest an elk. Alexandre Dairy interfered with their legal hunts. Alexandre Dairy does not own these elk but it appears that they think so. This same thing happened two years ago on my stepson's , Brett Roslosnik, DN South Elk hunt where a white Alexandre Dairy truck stopped a herd of elk from entering a SHARE property where he could legally hunt. Despite hunting for 7 days, Brett was unable to fill his elk tag. A complaint regarding this interference in the hunt by Alexandre Dairy in keeping the elk on their PLM lands was sent into Victoria and the local game warden, Officer Walker, right

after this hunt two years ago. Shortly after that I received a phone call from Blake Alexandre, owner of the dairy, telling me that "his Alexandre Dairy employees would never do that". Well they did at that time and they are still doing it.

The SHARE elk hunters spend up to $400 each applying for these elk tags, pay approximately $450 for the elk tag, take time off from work, have fuel, lodging, food expenses, and daycare for their children for these hunts and often travel from Southern CA . It is no small expense for these elk hunters to hunt these SHARE elk.

Alexandre Dairy appears to want to keep all of these elk on their property so that they can make enormous amounts of money from selling the elk tags. It seems like Alexandre Dairy is grossly abusing the Private Lands Management Program and

should be removed from the program. I would encourage you to talk to all of the hunters from this hunt to verify this information. There names and numbers are:

• Wendy Marquis • Jeff Leikauf • Keith Theige • Riley Breslin

Thank you, Michael Stapleton

From: Sent: Sunday, November 15, 2020 1:55 PM To: FGC Subject: Request for Assistance: Permission to Reintroduce the Grey Wolf at the Lake Earl Wildlife Refuge Importance: High

Good Afternoon Melissa:

I'm wondering if you would consider allowing us or another entity to reintroduce the Grey Wolf at the Lake Earl Wildlife Refuge (Wildlife Area)? The reason I am making this request is to get some help with nuisance Elk. I have approached CDFW who advises they will not relocate nuisance Elk due to hoof disease even after I pointed out that hoof disease can be treated, and prophylactically prevented. I am fairly certain that I could get one of the national parks in Washington state to take the nuisance Elk if CDFW would cooperate, but don't think CDFW will cooperate with us.

As a token alternative, CDFW pointed out that they have a program where private property owners may be reimbused by CDFW to allow private Elk hunters on their land, but I see this as problematic, and for the following reasons:

1) We operate a public facility (youth hostel), and the close proximity of hunters presents a significant safety hazard. 2) The adjacent neighbor to the south has most of her land in a conservation easement and would not go along with private hunters crossing into her land. 3) State law prohibits a firearm from being discharged within 150 yards (450 feet) of an individual.

We wish to get rid of the Elk because they are destroying our fruit trees. The bulls will get underneath the tree, and shake the branches with their antlers to get the apples to fall of. As a result, the few remaining trees look like bonsais, and if the Elk can't get the apples to fall off, then he will put his paws up on the tree, and take down much of the tree. As you are aware, they are a big animal, and the bulls in our neighborhood commonly weight 1200-1500 lbs. They are completely fearless of humans and don't run off when you approach them.

We have other predators that visit us on a routine basis, but not enough to be of any good. We have had a in the yard on two different occasions in the past two years, but they don't stick around and wander. We have a grey fox that comes to the house nightly looking for hand outs, and digs through the compost that we burry in the flower gardens. We do have coyotes in the area, but quite limited, and the one sighting was for a species not native to this area, and typically seen in southern Idaho. I recall a neighbor indicating that someone brought one with him from Idaho, and the thing got loose, but that was 5 years ago. Wolves would be the best solution for us.

Well thought I would run it by you and see what your thoughts are on it. Also, I want to applaud your decision to list the wolf as an endangered species in this area. Like Roosevelt Elk, they were definitely common in California over 100 years ago, but were hunted to the point of extermination by farmers.

Randal South

From: Richard James Sent: Monday, November 30, 2020 3:43 PM To: FGC Subject: comments submitted for 9 December, 2020 FGC meeting

Hello Commission,

Please accept the attached PDF file with my comments for the upcoming commission meeting on 9 December, 2020.

I have asked two questions and hope to receive a reply as well. I plan to participate on 9 December and read my comments into the record. thank you, richard

30 December, 2020

California Fish & Game Commission Eric Sklar, President Via electronic mail to: [email protected]

Dear Mr. Sklar and members of the Fish & Game Commission, Today I am writing with comments on two items not on today’s meeting agenda. Since 2009, coastodian.org has been cleaning up the beaches and waterways of Marin County, Sonoma County and beyond. Many, many tons of debris, mostly shellfish and crab-fishing gear have been removed from the watershed by myself, sometimes with others helping. Topics of interest 1) Shellfish lease M-430-06 transfer and the need to inspect this lease 2) The use of hand-operated water pumps for the take of clams Lease M-430-06

It has come to my attention that shellfish lease M-430-06 currently operated by Cove Mussel Company is in the process of being sold or transferred to Starbird Mariculture.

Given the track record of The Commission and The Department in dealing with legacy debris buildup by past operators that pollutes and blights Tomales Bay, I ask that a complete survey be undertaken of the shoreline adjacent to this lease, as well as nearby, and especially the bay floor of the lease.

Monitoring by myself of this lease in the past has shown that many years of use caused a large amount of dilapidated iron racks and other debris to accumulate on the shore. A large vessel used for storage by Cove Mussel Company sunk on the lease and lay abandoned for numerous years. Thankfully, with the guidance of the California Coastal Commission, much of the aforementioned items were removed by the leaseholder a couple years ago. Images of some of this equipment may be seen below. What unseen debris still lays below the surface?

Some of the re-bar racks deployed are in eel grass beds. This practice should stop and these racks should be removed.

Harbor seals frequently haul-out on Company barges. This behavior should be prevented by a redesign of gear, or cessation of gear that cannot be made seal-proof. A short video showing seals hauled out on Cove Mussel Company barges recorded on 13 January, 2017 may be viewed at this link: https://youtu.be/aaWsD8obsdk. Images of the same behavior are seen below. This lease is not currently in possession of a Coastal Commission Development Permit (CDP). This lease has paid zero dollars into the still be revised cleanup escrow fund.

2

3

4 Hand-operated pumps for taking of clams

Since 2017, possibly earlier, the use of hand-operated water pumps have become popular by clam collectors. These pumps allow clams to be rapidly taken, faster than one per minute in the hands of a skilled operator. The pumps also allow clams to be taken over a much wider amount of time during the tidal cycle.

The clam beds near Lawson’s Landing in Tomales Bay see 400 or more clam takers per day on busy weekends. At 10 clams per person (as well as the commonly tossed back “small” unwanted clams, this means that over 10,000-12,000 clams are removed on 2-3 day weekends with high visitation. This is not sustainable long term. Please advise what The Commission is doing to remedy this as well as what the plans are for future rule changing.

Two hand-operated water pumps

5

140 clams taken primarily by two individuals with pump, for seven individuals. Warden watched from afar as smaller clams were tossed back (to die)

Before Lease M-430-06 is transferred to a new operator, this is the perfect time to conduct an inspection and to show the community that the organizations for operating leases on public-trust tidelands for private profit take seriously the protection of priceless areas such as Tomales Bay.

The sooner hand-operated water pumps are banned, the sooner that rapid, unsustainable take (often for black-market profits) will stop.

Thank you for receiving and reading my comments. If you have any questions, please send them by email to . I am requesting a response to my questions.

Respectfully,

Richard james Lead Coastodian coastodian.org

6

From: Sent: Friday, October 23, 2020 4:27 PM To: Office of the Secretary CNRA ; FGC ; Wildlife DIRECTOR ; Cornman, Ari@FGC Subject: [Fwd: SOUTH CAROLINA BANS WILD TURTLE COMMERCE]

Warning: This email originated from outside of CDFW and should be treated with extra caution.

Some great news from South Carolina..

How is it that California is so backward on this issue?

Kind regards,

Eric Mills, coordinator ACTION FOR ANIMALS Oakland

------Original Message ------Subject: SOUTH CAROLINA BANS WILD TURTLE COMMERCE From: Date: Fri, October 23, 2020 4:18 pm To: ------https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbiologicaldiversity.org%2Fw%2Fn ews%2Fpress-releases%2Fsouth-carolina-governor-signs-bill-protect-wild-turtles-poaching-trade-2020- 10- 22%2F&data=04%7C01%7Cfgc%40fgc.ca.gov%7Cd77658126a054a3fc91e08d877ab2eba%7C4b633 c25efbf40069f1507442ba7aa0b%7C0%7C1%7C637390924410083814%7CUnknown%7CTWFpbGZsb3d8 eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=gF WyjLsg2ug2QL%2BCaeNK4upDK8JIZ8oDPRZDDK4elwM%3D&reserved=0

From: Briana Pawka Sent: Friday, October 30, 2020 6:10 PM To: [email protected]; [email protected]; FGC ; [email protected] Subject: Re: Fishermen abusing geese howarth park

Also, one of these Canadian geese is Albino, I believe. so I’m cc’ing canada.

Sent from my iPhone > On Oct 30, 2020, at 17:05, Briana Pawka wrote: > > Forwarded to fish and game. You wouldn’t act if if were your grandma being threatened if she wasn’t a tax evading “rich” person. > > Sent from my iPhone > >> On Oct 30, 2020, at 16:35, Briana Pawka wrote: >> >> He also violated my social distance with out a mask, clearly, evidenced in the video. I was always masked. This is his friends truck. >> >> You need a fish and game Representative out here watching and educating these scumbags or BAN FISHING if you can’t mandate it be done responsibly and considerately of the animals and other park goers. >> >> Shame on you. >> >> >> >> >> Sent from my iPhone >> >>>> On Oct 30, 2020, at 16:32, Briana Pawka wrote: >>> >>> Twice today I saw two separate fishermen intentionally hit Canadian geese with their fishing rods. I also witnessed the photographed man saying he wants to “hook one a cook it.” >>> >>> He refused to return to his vehicle but this is his friends truck and decided to assault me with his fishing rod instead. >>> >>> You encourage this behavior by enabling jerkoffs daily. Screw you. >>> >>> >>> >>> >>> >>> >>> Sent from my iPhone

From: Melissa Hanson Sent: Tuesday, November 10, 2020 2:13 PM To: FGC Subject: Commercial harvest of non-native and invasive Algae

Dear Commissioners,

I would like to reiterate my commentary on item 6 of the MRC meeting which took place today.

I am a co-founder of Kelpful, a newly established and rapidly growing seaweed company. We hold a commercial license for the harvest of edible seaweeds, and are wild harvesting on the central coast area of CA. We have a growing base of customers at farmers markets, restaurants, and local shops.

We are a mission driven, impact oriented company. Our mission is to bring regeneratively sourced seaweed to our community for food and medicine, while restoring marine ecosystems so that they can thrive in perpetuity, mitigating the effects of climate change, providing equitable and inclusive livelihood opportunities, and being a source of innovation and leadership in the field of regenerative aquaculture.

We would like to petition the Commission to allow commercial take of the invasive species, Sargassum Horneri. This is an invasive species which out-competes giant kelp, but does not provide nearly the same ecosystem services as the giant kelp. The negative environmental impacts of this species are well documented, so I will not get into them here.

We are pulling together a coalition of commercial fishermen, university researchers, kelp restoration efforts, and commercial harvesters who are interested in collaborating on a removal and restoration effort. We would like to be able to remove the sargassum through methods that do not encourage reproduction, market it as a food or other consumer product, and use the profits to fund more restoration efforts. There is ample evidence that if the kelp is allowed to re- establish itself during a time of optimal ocean conditions, the sargassum would not just re- colonize the same area that was cleared. We would furthermore like to explore the potential of re-seeding these areas with native kelp species that have been isolated by researchers as being more warm water tolerant and therefore climate resistant. This would be in partnership with researchers, restoration efforts and regulatory agencies.

We believe we have sufficient scientific evidence to draft a commercial harvesting plan that is safe and effective. This plan would not only benefit coastal ecosystems by controlling the invasive species, it would also provide ample economic benefit to ourselves and others involved in the project such as out of work uni divers who we could hire to harvest using their existing equipment. We are in close contact with Jeff Maassen who has petitioned for similar commercial license to harvest sargassum. It would also be yet another source of sustainable seafood that would be produced right here in CA, as opposed to being imported. If this species is included in the commercial kelp harvesting regulations, CDFW would also receive commensurate royalties for that harvest.

We may be a for profit company, but our mission comes first and foremost. We would like to work with the commission to develop a plan to allow for commercial take of Sargassum H., in order to restore coastal ecosystems and kelp forests, mitigate the effects of climate change, increase local food security and economic resilience.

Thank you for your time,

Melissa

Melissa Hanson - Co-Founder Kelpful www.kelpful.com

From: Sent: Wednesday, November 18, 2020 1:25 PM To: Office of the Secretary CNRA ; FGC ; Wildlife DIRECTOR ; Cornman, Ari@FGC Subject: [Fwd: WILD ANIMAL FOOD MARKETS - Science Daily]

FYI - x Eric Mills, coordinator ACTION FOR ANIMALS Oakland

------Original Message ------Subject: WILD ANIMAL FOOD MARKETS - Science Daily From: Date: Wed, November 18, 2020 1:22 pm To: ------https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sciencedaily.com%2Freleas es%2F2020%2F11%2F201117133918.htm&data=04%7C01%7Cfgc%40fgc.ca.gov%7C364d9c887848 49b517b008d88c0857bd%7C4b633c25efbf40069f1507442ba7aa0b%7C0%7C1%7C63741331477516467 7%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6 Mn0%3D%7C2000&sdata=yT4Oc5am9qwdSalr5df9eC2JGLxm90wAFQyuBB2rU4g%3D&reserv ed=0

FYI - x Eric Mills, coordinator ACTION FOR ANIMALS Oakland

From: Kevin Matthews Sent: Thursday, November 19, 2020 11:40 AM To: FGC Subject: Sardine Populations

Dear Fish and Game Commission,

Greetings! We are seniors at the Grauer School in Encinitas, California. We are doing a project on Advocacy and Activism for our Government and English classes. The topic that we chose to focus on is California’s sardine population.

We chose this topic because we are passionate about the ocean and the waters surrounding local beaches and ourselves. Sardines are important because they are a keystone species, meaning that a large portion of energy in an ecosystem goes through this organism. Without a sardine population, many other species would die out due to a lack of sustenance that they bring them. White sea bass, yellowtail, rockfish, sharks, tuna, yellowfin, bluetail, wahoo, and more all rely on sardines for their diet. We also use sardines and their oils to fertilize crops and feed our farm animals. Basically, most ecosystems rely in some regard on sardines.

Right now there is a no fishing ban on sardines. The population dipped below 150,000 metric tons of sardines, so due to the PFMC, the Pacific Fishery Management Council, regulations, they can’t currently fish them. Recommendations from the Lenfest Forage Fish Task Force say that the PFMC should change this regulation to 640,000 metric tons of sardines. They recommend this amount because if the population got to that level, they would be able to reproduce at a rate faster than we would fish them, so their population size would not fluctuate in the way it does currently. With this population size, there would no longer be seasonal breaks from fishing these fish and would benefit the economy of fishing.

Kind Regards, Kevin Matthews and Jake Parker

From: mario romero Sent: Saturday, November 21, 2020 10:44 PM To: FGC Subject: Petition 2019-018

Ferrets are not wild or dangerous, they can't survive on their own, just legalize them already WE THE PEOPLE DEMAND IT!

From: S Velea Sent: Saturday, November 21, 2020 9:12 PM To: FGC Subject: This is wildlife, not trophies

11/21/2020

Stephanie Velea

My name is Stephanie Velea, and I am a 13-year-old from Washington. On November 16, I spoke during the general public comment period at the most recent Tribal Committee meeting of your commission. That day, I expressed my concern for the future of wildlife in America. In the past, hunting has greatly contributed to the extinction of animal species all over the world, including the Tasmanian Tiger and the great auk. And due to recent human activity, animal species in this country are also struggling to survive. Even still, they are being denied Endangered Species Act protection by the departments that are supposed to be protecting them. Every day I see people in power making profit-driven decisions to please trophy hunters and trappers, and instead of seeing and appreciating wild species for who they really are, they mostly just see their economic value. In a most recent example from about a week ago, gray wolves were stripped of federal protection, giving state managers in the lower 48 states the ability to allow trophy hunts and trapping seasons on them, when gray wolves still remain threatened. There is a misconception that hunting and trapping helps conservation efforts, when in reality, it does the opposite by exacerbating the population decline of many imperiled species. Removing gray wolves from the Endangered Species list will harm their recovery as a whole, and kill hundreds of deserving wolf individuals. Wolves are crucial in maintaining the health of our ecosystems and killing them will have many additional consequences; what makes wolf killings even more horrific is that wolves are familial animals that usually live in packs of up to 30 individuals, many of which likely have families and young to take care of. Members of a wolf pack become one big family and for animals such as wolves, who mate for life and live in close- knit family units, hunting can devastate entire communities. Mother wolves especially, form strong and inseparable bonds with their cubs, and when they are killed, their orphaned cubs are left all alone with no one that close to love or care for them. Yet we continue to kill their mothers and their relatives, just for mats or fur rugs, and bragging rights and profit. Because wildlife is so greatly affected by this, they should also have an equal say in it. I know that there are people who make their income off of this. I know that there are people who hold these hunting practices close to their hearts, but we need to start finding alternatives! We need to start communicating with each other and focusing on these alternatives, and searching for new possibilities. Please appreciate every wildlife individual and do what is right for wildlife, because they are much more than just trophies. Since when is it acceptable to kill someone for profit? Since when is it acceptable to kill someone for fun and bragging rights? It's not considered acceptable between you and me, so why should it be considered acceptable with them? When you reach the point that you treat someone like this, it means that you have given them the status of an object. And it's time for us to reconsider this status.

Sincerely, Stephanie

From: [email protected] Sent: Monday, November 23, 2020 2:11 PM To: Office of the Secretary CNRA ; FGC ; Wildlife DIRECTOR ; Cornman, Ari@FGC Cc:

Subject: [Fwd: Nature News from Jake Sigg]

Dear Director Bonham, et al -

Please see esp. #3 below--good news, indeed!

Heartfelt thanks to all who are making it happen.

Reminds me of a quote from the late Ayn Rand ("Atlas Shrugged"), in a Q&A after a speech to the cadets at West Point: "The Europeans had the moral obligation to take the land from the Indians, as they weren't doing anything with it, basically living in caves likes savages." Talk about chutzpah!

Now, about those frog/turtle imports for the live food markets....

RELATEDLY, THIS, FROM WENDELL BERRY:

"We have lived by the assumption that what was good for us would be good for the world. And this has been based on the even flimsier assumption that we could know with any certainty what was good even for us. We have fulfilled the danger of this by making our personal pride and greed the standard of our behavior toward the world - to the incalculable disadvantage of the world and every living thing in it. And now, perhaps very close to too late, our great error has become clear. It is not only our own creativity - our own capacity for life - that is stifled by our arrogant assumption; the creation itself is stifled.

We have been wrong. We must change our lives, so that it will be possible to live by the contrary assumption that what is good for the world will be good for us. And that requires that we make the effort to know the world and to learn what is good for it. We must learn to cooperate in its processes, and to yield to its limits. But even more important, we must learn to acknowledge that the creation is full of mystery; we will never entirely understand it. We must abandon arrogance and stand in awe. We must recover the sense of the majesty of creation, and the ability to be worshipful in its presence. For I do not doubt that it is only on the condition of humility and reverence before the world that our species will be able to remain in it."

Kind regards,

Eric Mills, coordinator ACTION FOR ANIMALS Oakland

------Original Message ------Subject: Nature News from Jake Sigg From: "Jake Sigg" Date: Mon, November 23, 2020 1:05 pm To: "Jake Sigg" ------

If you don't know where you come from, you'll always be a child. Cicero

1. Protect Walker Ridge, home to 27 rare plant species 2. Total-Plant.org: A California Native Database and Website/Skyline Gardens 3. Klamath River Dams coming down? 4. Animal Welfare & Covid-19 5. If you like plants and Mori Point check out the new Mori Point plants website 6. Nature Journaling with John Muir Laws December 9 7. A gentle but rich homily from Wendell Berry/and a poem 8. Feedback: Experiment extrapolates human overpopulation from mice experiment 9. A country singer helps to cure the world s ills: Dolly Parton 10. Back to the (18th century) coffee house; A 14-page special report on future of news 11. Notes & Queries: Does anyone have a truly unique job?

1. Protect Walker Ridge: The upcoming weeks matter most!

Walker Ridge is home to 27 rare plant species, including the ephemeral adobe-lily. In this northern California landscape, bald eagles soar overhead and captivating amphibians emerge with elusive rain. This vital habitat and the flora and fauna that call it home are under threat by wind developers, even though the California Energy Commission found it to have marginal to low energy potential. Please join us in asking the BLM to permanently protect Walker Ridge by signing our petition (link below).

Visit Walker Ridge in 360 augmented reality Join CNPS's lead conservation Nick Jensen and Protect Walker Ridge campaign coordinator Sara Husby on an immersive tour through the plants and places of Walker Ridge. Adventure with us.

##################################### 2. Total-Plant.org: A California Native Database and Website Starting with their collection of thousands of photos, native plant enthusiasts and photographers Tim Lukaszewski and Paul Preston worked with CNPS East Bay s Gregg Weber to create the website Total-Plant.org. Dedicated to helping people at any level of experience identify and learn about native plants, the website aims to show all aspects of each plant: habitat, entire plant, leaves, flowers, and fruit. read more...

She Was Not Lost, but Wild: Madia elegans at Skyline Gardens Safely socially distanced Skyline Gardens Alliance volunteers have been continuing their work to document the native flora of the Skyline Gardens area and remove invasive plants to help restore the area s native ecological diversity. This summer they joyfully added elegant tarweed (Madia elegans) to the Skyline Gardens plant list after finding this species for the first time. read more...

################################### 3. On Nov 21, 2020, at 10:48 AM, Eric Mills wrote: KLAMATH RIVER DAMS COMING DOWN? https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fkval.com%2Fnews%2Flocal%2Ftri bes-states-pacificorp-sign-pact-to-remove-4-dams-from-klamath- river&data=04%7C01%7Cfgc%40fgc.ca.gov%7C3b210a85aa204179270c08d88ffc9974%7C4b633c2 5efbf40069f1507442ba7aa0b%7C0%7C1%7C637417683778337541%7CUnknown%7CTWFpbGZsb3d8ey JWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=i%2FA Yi%2BgtZ7wJCmmqTU4WesIy9DYedELBOpB2qlCTRTA%3D&reserved=0

JS: Why the question mark after the headline? Can t say, but very complex deals with multiple players, needs, and demands are vulnerable to coming apart, even late in the day. But this project is likely to happen (You didn t hear me say that, did you?) and must be considered very good news.

I encourage you to press the first button and listen to Chuck Bonham of CA Fish & Game Commission and Gov Gavin Newsom, who reveals a side of himself not usually in evidence. I found the 15-20 minutes worthwhile and would like to have listened to more.

################################## 4. On Nov 23, 2020, at 10:42 AM, Eric Mills wrote: ANIMAL WELFARE & COVID-19 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.meatpoultry.com%2Farticle s%2F24123-animal-welfare-report-the-covid- curveball&data=04%7C01%7Cfgc%40fgc.ca.gov%7C3b210a85aa204179270c08d88ffc9974%7C4b63 3c25efbf40069f1507442ba7aa0b%7C0%7C1%7C637417683778337541%7CUnknown%7CTWFpbGZsb3d 8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=jo CtO3QBXL%2Fnui1mnG0C3xEIq%2Fqz6Qp724GKhoSYRyY%3D&reserved=0

Lest we forget, this godawful pandemic was HUMAN-caused, a direct result of our gross mistreatment and abuse of animals, both wild and domestic.

################################# 5. On Nov 21, 2020, at 10:55 AM, Margaret Goodale wrote: Hi Jake, Your readers might like to explore Mori Point with the following resource. Since the title is "Great Places to View Native Plants," I do wish all the non-natives were identified as such. Information about rarities would also be a nice addition.

If you like plants and Mori Point check out the new Mori Point plants website at: Mori Point - A Great Place - Calflora

#########################################

6. Bay Nature

Nature Journaling with John Muir Laws

Wednesday, December 9th at 4:00 pm

You're invited to a special event with artist, author, and educator John Muir Laws. John will take you on a virtual walk in the woods to explore with the eyes of a naturalist, discovering and celebrating the signs of the Bay Area season in a nature journal.

This event will start with the basics people of all ages and experience levels are welcome! You'll learn the fundamentals of nature journaling through sketching and documenting mushrooms, seasonal birds, raindrops, and a misty winter landscape.

Register Today! This event is open to all with a suggested, but not required, donation of $20. After registering, you will receive an Eventbrite confirmation email with instructions on how to join the webinar (you'll need to log in to your Eventbrite account for access).

Please be sure to bring: A journal Pencil or pen Colored pencils or watercolors A pale blue pencil or other light value colored pencil

#################################### 7. On Nov 23, 2020, at 11:12 AM, Clare Bell-Fuller wrote: Hey Jake - I know I am thankful for you . . .

Wendell Berry

We have lived by the assumption that what was good for us would be good for the world. And this has been based on the even flimsier assumption that we could know with any certainty what was good even for us. We have fulfilled the danger of this by making our personal pride and greed the standard of our behavior toward the world - to the incalculable disadvantage of the world and every living thing in it. And now, perhaps very close to too late, our great error has become clear. It is not only our own creativity - our own capacity for life - that is stifled by our arrogant assumption; the creation itself is stifled.

We have been wrong. We must change our lives, so that it will be possible to live by the contrary assumption that what is good for the world will be good for us. And that requires that we make the effort to know the world and to learn what is good for it. We must learn to cooperate in its processes, and to yield to its limits. But even more important, we must learn to acknowledge that the creation is full of mystery; we will never entirely understand it. We must abandon arrogance and stand in awe. We must recover the sense of the majesty of creation, and the ability to be worshipful in its presence. For I do not doubt that it is only on the condition of humility and reverence before the world that our species will be able to remain in it. ______

Look It Over by Wendell Berry

I leave behind even my walking stick. My knife is in my pocket, but that I have forgot. I bring no car, no cell phone, no computer, no camera, no CD player, no fax, no TV, not even a book. I go into the woods. I sit on a log provided at no cost. It is the earth I've come to, the earth itself, sadly abused by the stupidity only humans are capable of but, as ever, itself. Free. A bargain! Get it while it lasts.

From New Collected Poems. Counterpoint Press 2012

######################################

8. Feedback

On Nov 20, 2020, at 1:26 PM, Laura Baker wrote (re experiment extrapolates about the over population of humans, conducted on mice 60 years ago): Jake, I was by turns fascinated and repulsed by John Calhoun's Universe 25 experiments described in your blog and what they might portend for the human population. What fascinated me was the fact that there apparently were ample supplies of food, water, and shelter for all--usually we think of the negative impacts of overpopulation as due to scarcity of these. The usual scenario proferred is that these necessities decline and the human population, faced with starvation, erupts into constant wars to secure remaining supplies. Instead, it appears that it's the mere presence and experience of too many others around the mice that causes them to stop reproducing. The scarcity is personal space. (I can relate!). What's also disturbing is that at some point a positive feedback loop develops that drives the mice inexorably toward extinction, rather than toward a population decline that eventually results in an equilibrium. Even the healthiest survivors are permanently damaged. Spooky stuff!

####################################### 9. A country singer helps to cure the world s ills

Dolly Parton

Perhaps you saw the PBS Newshour last week with a segment on this appealing country singer. I was struck by her seemingly natural self-effacement, very unimpressed with herself. Perhaps it was illusory and perhaps she does have an ego after all, unlike most performers. She seems so at ease with herself, so natural. I had the feeling that she would never be at a loss of how to respond to a situation, or simply how to be. At any moment she is completely present, she is just there.

A lesson for us all.

################################### 10. From the archives The Economist July 9, 2o11 front cover: Back to the coffee house; A 14-page special report on the future of news

Talk bubbles, left to right: Wilt thou be my Visagebook friend? How goeth ye American Spring? I saw her on ThouTube...'Twas GHASTLY! Is this the South Sea Bubble 2.0? I hear Tom Paine's all a-.

Signs on wall: Newsbreaketh (on TV screen) Pitt the Younger on Tumblr Gratis Wye-Fye Marie Antoinette's Blog - New cake recipe (on floor) Wikye-leakes latest: Josephine Bonaparte's emails Tea Party Gazette ######################################

11. Notes & Queries, Guardian Weekly

Only one applicant needed Does anyone have a truly unique job?

Santa Claus. Jim Dewar, Gosford, NSW, Australia

Yes, God (except, of course, for Trinitarian Christians). James Stevens, Volos, Greece

The chief eunuch in a harem. Adrian Cooper, Queens Park, NSW, Australia

Not quite unique but the person at Notes & Queries who decides what to publish - the Umpire for Notes & Queries (Unque) - comes close. Gavin Mooney, Perth, Western Australia

#####################################

To unsubscribe this blog, send me an email with UNSUBSCRIBE in the Subject field. To subscribe, put SUBSCRIBE in Subject line From: Warner Chabot Sent: Sunday, November 29, 2020 11:30 PM To: FGC Subject: Re: Toxic Tires Kill Salmon

Dear Melissa We've not spoken in many moons. However, thiis something that may be of interest to you and your fellow F&G Commissioners. I want to share a science study that directly links a tire chemical to major Coho salmon kills in the Pacific N. West. The San Francisco Estuary Institute (SFEI), co-authored the study. We also sampled for the toxic pollutant in California. A press release is attached. It is embargoed until Thursday, Dec. 3rd, when the study will be published in the journal “Science.” We expect to have a copy of the final study to share on Monday.

The study, led by Washington researchers, was focused on the Puget Sound area. But it has significant implications for California as noted below. Warner Chabot, Exec. Director (SFEI) REQUEST - Can you forward this to the other Commissioners. Or if you feel I should contact them directly, are there a publicly available email addresses for them? Key Points:

1. A team led by researchers at the University of Washington and Washington State University have identified a toxic contaminant from tires that kills more than half the Coho salmon that return to spawn in Puget Sound’s urban streams each year.

2. The chemical, 6PPD-quinone (pronounced "kwih-known"), is derived from a tire preservative and can wash into streams along with tire wear particles when it rains.

3. This “first flush” of autumn rains wash over streets and highways and transport the deadly pollutants as Coho salmon swim up to their home streams to spawn. California Implications 4. at San Francisco Estuary Institute (SFEI) collected samples from nine Bay Area streams during storm events; four contained levels of this contaminant above the concentration at which half the Coho salmon die after a few hours of exposure in laboratory experiments. That concentration is known as the LC50.

5. A previous study by SFEI found high levels of tire wear particles in urban stormwater flowing through Bay Area streams. These findings indicate such particles can be toxicologically relevant.

SFEI scientists collecting stormwater samples in S.F. Bay in 2019. They found that half of the seven trillion particles were a rubbery substance related to tire wear.

6. Coho salmon no longer reside in San Francisco Bay and its streams, but do live elsewhere in northern California, from Lagunitas Creek in Marin County to the Klamath and Eel Rivers further north. Researchers are also concerned that steelhead trout and Chinook salmon exhibit some sensitivity to tire rubber chemicals, and studies are ongoing to investigate those species. 7. SFEI’s stormwater samples from the Bay Area suggest that the proximity of a major highway system near a stream could result in significant levels of the tire pollutant (above the LC50); in that stream.

8. The maps below show both the Eel River and Klamath rivers have major road systems adjacent to their streams.

9. In CA the Department of Toxic Substances Control (DTSC), has received a petition to review (and take action designed to reduce another major pollutant harmful to wildlife (zinc) in tires sold in CA.

10. The Puget Sound study raised concerns that additional chemicals may require review by DTSC. 11. "Now that we've solved this mystery, tire manufacturers can start the search for innovative solutions to make tires safer and greener," said Rebecca Sutton, Senior Scientist at SFEI and a co-author of the study.

Attachment: News Release and (Puget Sound) Study

Maps Eel and Klamath Rivers (and adjacent road system).

Eel River (Adjacent to Highway 101)

Klamath River (Adjacent to Highway 96)

Klamath River (Adjacent to Highway 96)

Attachments

• News Release • Puget Sound Study

From: Warner Chabot Sent: Monday, November 30, 2020 10:55 AM To: Warner Chabot Cc: Rebecca Sutton Subject: Tires Kill Salmon- "SCIENCE" manuscript (attached)

Attached is the manuscript (embargoed) for publication in "SCIENCE" this Thursday (Dec. 3rd)

This is a follow-up to my SFEI News Release (also attached) on a recent science study by the Univ. of WA and the San Francisco Estuary Institute that identified a tire compound responsible for major coho salmon kills in Puget Sound. This compound (in tire particles that wash off roadways into adjacent streams), which is also found in CA waters.

Note - The lead SFEI scientist (and study co-author) is Dr. Rebecca Sutton -

Respectfully, Warner Chabot (Exec. Director)

Attachment - SCIENCE manuscript

Warner Chabot Executive Director - SFEI- San Francisco Estuary Institute

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

Cite as: Z. Tian et al., Science 10.1126/science.abd6951 (2020).

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 1 EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

μ

μ

μ

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 2

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

μ

μ

μ

μ μ

μ

μ

μ

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 3

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 4

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

α β

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 5

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 6

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 7

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 8

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 9

EMBARGOED UNTIL 2:00PM US ET, THURSDAY 3 DECEMBER 2020

First release: 3 December 2020 www.sciencemag.org (Page numbers not final at time of first release) 10

Embargoed by Science. For release at 11 a.m. PST Dec. 3, 2020 Contact: Rebecca Sutton (SFEI) – Sarah McQuate (Univ. of WA) -

Tire-related chemical is largely responsible for adult coho salmon deaths in urban streams

Every fall more than half of the coho salmon that return to Puget Sound's urban streams die before they can spawn. In some streams, all of them die. But scientists didn't know why. Now a team led by researchers at the University of Washington Tacoma, UW and Washington State University Puyallup have discovered the answer. When it rains, stormwater flushes bits of aging vehicle tires on roads into neighboring streams. The killer is in the mix of chemicals that leach from tire wear particles: a molecule related to a preservative that keeps tires from breaking down too quickly. This research was published Dec. 3 in Science. "Most people think that we know what chemicals are toxic and all we have to do is control the amount of those chemicals to make sure water quality is fine. But, in fact, animals are exposed to this giant chemical soup and we don't know what many of the chemicals in it even are," said co-senior author Edward Kolodziej, an associate professor in both the UW Tacoma Division of Sciences & Mathematics and the UW Department of Civil & Environmental Engineering. "Here we started with a mix of 2,000 chemicals and were able to get all the way down to this one highly toxic chemical, something that kills large fish quickly and we think is probably found on every single busy road in the world." California research partners at the San Francisco Estuary Institute found the toxic chemical in stormwater samples from four Bay Area streams at concentrations above the level at which half the coho salmon die in laboratory experiments. “We’re concerned about what this could mean for coho salmon in the Eel and Klamath rivers,” said Rebecca Sutton, a senior scientist at SFEI and a co-author of the study. “We also know that steelhead trout and Chinook salmon exhibit some sensitivity to tire rubber chemicals. California’s Department of Toxic Substances Control is currently reviewing a petition to take action on tires containing zinc, another contaminant that harms wildlife. California’s salmon are already under severe stress. We hope that state and industry leaders will tackle this issue,” she concluded. Coho salmon are born in freshwater streams. After spending the first year of their lives there, these fish make the epic journey out to sea where they live out most of their adult lives. A few — about 0.1% — return to their original streams to lay their eggs, or spawn, before dying. But researchers started noticing that, especially after a big rain, returning salmon were dying before they could spawn. 2

The search for the coho-killer started with investigating the water quality of the creeks, a multi-agency effort led by NOAA-Fisheries and including the U.S. Fish and Wildlife Services, King County, Seattle Public Utilities and the Wild Fish Conservancy. "We had determined it couldn't be explained by high temperatures, low dissolved oxygen or any known contaminant, such as high zinc levels," said co-senior author Jenifer McIntyre, an assistant professor at WSU's School of the Environment, based in Puyallup. "Then we found that urban stormwater runoff could recreate the symptoms and the acute mortality. That's when Ed's group reached out to see if they could help us understand what was going on chemically." First the team narrowed down what in stormwater runoff could be behind the symptoms. The researchers compared water from creeks where salmon were seen dying to look for common trends. All creek samples contained a chemical signature associated with tire wear particles. In addition, a study led by McIntyre found that a solution made from tire wear particles was highly toxic to salmon. But tire wear particles are a mixture of hundreds of different chemicals, so the team had a challenge ahead: How to find the culprit? The researchers started by sectioning the tire wear particle solution according to different chemical properties, such as removing all metals from the solution. Then they tested the different solutions to see which ones were still toxic to salmon in the lab. They repeated this process until only a few chemicals remained, including one that appeared to dominate the mixture but didn't match anything known. "There were periods last year when we thought we might not be able to get this identified. We knew that the chemical that we thought was toxic had 18 carbons, 22 hydrogens, two nitrogens and two oxygens. And we kept trying to figure out what it was," said lead author Zhenyu Tian, a research scientist at the Center for Urban Waters at UW Tacoma. "Then one day in December, it was just like bing! in my mind. The killer chemical might not be a chemical directly added to the tire, but something related." Tian searched a list of chemicals known to be in tire rubber for anything that might be similar to their unknown — give or take a few hydrogens, oxygens or nitrogens — and found something called 6PPD, which is used to keep tires from breaking down too quickly. "It's like a preservative for tires," Tian said. "Similar to how food preservatives keep food from spoiling too quickly, 6PPD helps tires last by protecting them from ground-level ozone." Ozone, a gas created when pollutants emitted by cars and other chemical sources react in the sunlight, breaks the bonds holding the tire together. 6PPD helps by reacting with ozone before it can react with the tire rubber, sparing the tires. But when 6PPD reacts with ozone, the researchers found that it was transformed into multiple chemicals, including 6PPD-quinone (pronounced "kwih-known"), the toxic chemical that is responsible for killing the salmon. This chemical is not limited to the Puget Sound region. The team also tested roadway runoff from Los Angeles and urban creeks near San Francisco, and 6PPD-quinone was present there as well. This finding is unsurprising, the researchers said, because 6PPD

3 appears to be used in all tires and tire wear particles are likely present in creeks near busy roads across the world. Now that 6PPD-quinone has been identified as the "smoking gun" behind coho death in freshwater streams, the team can start to understand why this chemical is so toxic. "How does this quinone lead to toxicity in coho? Why are other species of salmon, such as chum salmon, so much less sensitive?" McIntyre asked. "We have a lot to learn about which other species are sensitive to stormwater or 6PPD-quinone within, as well as outside, of the Puget Sound region." One way to protect salmon and other creatures living in the creeks is to treat stormwater before it hits the creeks. But, while tests have shown that there are effective environmentally friendly stormwater technologies for removing 6PPD-quinone, it would be almost impossible to build a treatment system for every road, the team added. Another option is to change the composition of the tires themselves to make them "salmon-safe." "Tires need these preservative chemicals to make them last," Kolodziej said. "It's just a question of which chemicals are a good fit for that and then carefully evaluating their safety for humans, aquatic organisms, etc. We're not sure what alternative chemical we would recommend, but we do know that chemists are really smart and have many tools in their toolboxes to figure out a safer chemical alternative." Additional co-authors are Katherine Peter, a postdoctoral research associate at the National Institute of Standards and Technology who completed this work at the Center for Urban Waters; Jill Wetzel, Jasmine Prat and Emma Mudrock at WSU Puyallup; Melissa Gonzalez, Christopher Wu, Rachel Hettinger and Allan Cortina at UW Tacoma; Rajshree Ghosh Biswas, Flávio Vinicius Crizóstomo Kock, Ronald Soong, Amy Jenne and Andre Simpson at the University of Toronto Scarborough; Bowen Du at the Southern California Coastal Water Research Project; Fan Hou, a doctoral student at China Agricultural University who completed this research at the UW; Haoqi Zhao, Ximin Hu, Huan He and Michael Dodd at the UW; Rachel Lundeen, a postdoctoral research fellow at Fred Hutchinson Cancer Research Center who completed this research at the Center for Urban Waters; Alicia Gilbreath and Rebecca Sutton at San Francisco Estuary Institute; Nathaniel Scholz at NOAA; and Jay Davis at the U.S. Fish and Wildlife Service. This research was funded by the National Science Foundation, the U.S. Environmental Protection Agency, Washington State Governors Funds and the Regional Monitoring Program for Water Quality in San Francisco Bay. # # # # #

Photos and video available: https://drive.google.com/drive/folders/1IePTXGBptKMQ2SghP82iX52IA6TUkpAj?usp=sh aring To request an advance copy of the manuscript "A ubiquitous tire rubber-derived chemical induces acute mortality in coho salmon" by Tian, Z. et al. that is publishing in Science on 3 December, please contact +1-202-326-6777 or [email protected].

4

For more information, contact Kolodziej at [email protected], McIntyre at [email protected] and Tian at [email protected]. Grant numbers: NSF: 1608464 and 1803240, EPA: #01J18101 and #DW-014-92437301 Name pronunciation guide: Edward Kolodziej — ED-ward Ko-LO-Jay Jenifer McIntyre — JEN-ih-fur MAC-in-tire Zhenyu Tian — JEN-yu Ti-an

From: Michael Garabedian Sent: Monday, November 30, 2020 3:32 PM To: Hendricks, Greg@Waterboards ; Tadlock, Stephanie@Waterboards Cc: Gregg McKenzie (CDR) ; FGC Subject: Comment on Placer Ranch Project 5A31CR00548-1,760 acres of PRSP

Comment To: Central Valley Regional Water Quality Control Board (Region 5) regarding its November 13, 2020 Water Quality Certification Placer County Notice, No. 5A31CR00548

Re: Application for State 401 Water Quality Certification for a 2.75 square mile 5,636-unit Placer Ranch, a project in part of the 3.46 square Sunset Area Plan/Placer Ranch Specific Plan. The Application excludes from its Certification request two other parts of the Sunset Area Plan/Placer Ranch Specific Plan: (a) the 15-mile proposed new Placer Parkway freeway, and, (b) the Sacramento-State/Sierra College Center, both that are expected by the applicant to seek separate 401 permit Certification.

Placer County Tomorrow requests that the Central Valley Regional Water Quality Control Board withhold placing the Placer Ranch Project (PRP) on the Board’s agenda until after:

• An application for the entire Placer Ranch Specific Plan (PRSP) has been made to the Board because this project is for 1,760 acres of the 2,213-acre Placer Ranch Specific Plan and this application should be determined to be incomplete for several reasons, including that the college area is completely surrounded by the application area. • If the entire SAP/PRSA area is not considered, then a separate analysis must be prepared for the narrowed Application area before the application can be considered complete. • When and if the Placer County Conservation Program (PCCP) is adopted. • Complete and thorough details are particularly essential on urban runoff and other effluent from PRSP and PCCP projects affecting Orchard Creek and Pleasant Grove Creek emptying into the American River and Sacramento River. • The Department of Fish and Wildlife or California Fish and Game Commission have after public notice, public hearing and public public comment input on the project’s Streambed Alteration Permit on .2 miles of stream change and 6.8 linear miles of wetlands in the presently proposed project area. • The Regional Board has convened and completed workshops on the project. • An objective regional housing needs assessment has been completed (the first purpose of the project in the application to the Board is “to address regional housing needs” but tens of thousand of housing units have been approved or are in the approval process in Placer County and far more are approved or pending approval in the Sacramento Region, so this may not exist as justification for the project’s intended conversion of existing natural resources. • An educational policy and fiscal analysis that shows the a project purpose of accommodating the Sacramento State-Sierra College Center is more than an effort to use to potential of college facilities as a justification for development—separating this part out from the Specific Plan area makes participation by the colleges even more unlikely, if it does not assume they will be absent. • Analysis of the project's purpose of accommodating Placer Parkway and development conversion of wetlands, vernal pool, grassland, fish and wildlife habitat including endangered species, as well as impacts of transportation, air pollution, climate change, and sprawl policies and requirements. This Application and its interior College are dependent on Phase 1 of Placer Parkway: all three are inextricably interrelated, including in the CEQA/NEPA process. • This Application is not complete.

Placer County’s Pebble Project

We expect that the Army Corps of Engineers denial of the Pebble Project permit in Alaska on November 3320, 2020 (Department of the Army Permit # POA-2017-00271 Record of Decision) is indicative of potential denial by the Army Corps of a permit for a partial or whole PRSP and PCCP permits.

Hearing Requests

This or related 401 State Water Quality Certification. We request that the Region 5 Waterboard conduct a hearing If and when the entire PRP goes before the Board, and request a Region 5 hearing on this Application regardless.

This or related 401 Water Quality Certification. The California Fish and Game Commission should have a hearing on this State 401 Certification

Streambed Alteration Permit. The Streambed alteration permit statute does not mandate hearings on these permits. However, the Department of Fish and Wildlife could convene this on its administrative authority as could the California Fish and Game Commission. Streambed alteration is not an “as of right” permit like an individual’s fishing license or a decision to admit to a commercial fishery—those should not have public review or challenge, but streamed alteration for discretionary development has a different standard.

Individual 401 Application Certification-related hearings. This 401 Certification applicant for this project has notified Region 5 of the intent to process this project under the PCCP:

"This application utilizes the standard Water Quality Certification application, although the intent is to permit the project through the Placer County Conservation Program (PCCPP). At this time, we have submitted an application to the U.S. Army Corps of Engineers for the subset of waters of the state that are also waters of the U.S. As the programmatic general permit is not yet available through the PCCP, we have requested authorization for the fill of waters of the U.S. under several Nationwide Permits. This will allow the process to begin."

This 401 Application cover letter from Madrone Ecological Consulting to Region 5 Board, November 3, 2020.

Placer Conservation Authority (PCA a JPA between Placer County and the City of Lincoln). Besides not yet having approved the PCCP as is necessary, the PCA created this month for the first time has not held a hearing on the PCCP. We trust that the PCCP will convene public information, questioned answer workshops hearings on each of the PCCP. Placer County has not informed and involved the public to the significant degree that is necessary.

Joint State agency 401 Certification hearings. In addition or regardless of PCA actions and hearings, state agencies including the Region 5 Water Board, Fish and Wildlife and Fish and Game Commission, Air Resources Board, California Office of the Tribal Advisor and the California Native American Heritage Commission, Office of Planning and Research, Office of Historic Preservation and State Historical Resources Commission, Caltrans, California Transportation Commission, and others could consider agency workshops and public hearings on this 401 Certification, or as part of such consideration of and hearings on the PCCP. Precedent exists for combined state agency hearings on matters of major regional or statewide significance.

Project Application 11-page conversion list

Intermittent stream 1 Perennial Drainage 6 Seasonal Wetland 283 Seasonal Wetland (Abandoned Rice Field) 146 Seasonal Wetland Swale 127 Vernal Pool 50 Total 613

1-acre and more: 107 (each is includes the categories below it) 2-acres and more: 61 3 acre and more: 51 5 acres anand more: 31

These are significant conversion figures by any measure or standard. These numbers do not include the colleges area but cannot be isolated from it, especially because use of the PCCP is planned. These numbers for the entire PRSP are necessary for this Application and comparison to it and the entire PRSP.

The NCCP, HCP, Army Corps and requirements are challenged and exceeded including for the PCCP as a whole.

The SAP/PRSP is not separable from the PCCP whether or not a PCCP application is intended or not intended, or sought or nor sought.

These September 1, 2020 comments to the Placer County Board of Supervisors make it clear that those speaking there for the state and federal agencies regarded the PCCP as a done deal at that time amongst the various stakeholders assembled over about 19 years. One commenter specified that the administration in Washington DC is looking favorably on the PCCP when the Board of Supervisors hearing approved it on that date.

The hearing video is at this net location: https://placer.granicus.com/player/clip/2683?view_id=15&redirect=true

State and federal agency personnel begin their comments at 5:55 p.m. through 6:06 p.m. Marcus LoDuca, who appears regularly for developers in Placer County is at 6:13 p.m. representing the Building Industry Association and property owners. He says he has read every draft. Many of those drafts were required by statute to be made available to the public but to our knowledge were not, and we received no notification that they were available.

The acknowledgements are to the stakeholder groups and their members

This is not the affected public, Placer County has not informed and reached out to the public in any necessary manner. Indeed, the Municipal Advisory Councils including or near the PCCP area were not meeting due to COVID 19,

CEQA/NEPA

An additional CEQA/NEPA document is required to address the project’s urban runoff impacts on steelhead and other species including invertebrates and micro water organisms. The Urban Runoff Mortality Syndrome affects some protected fish. E.g., see Dameon Pesanti, Study finds more harm to fish from stormwater (Columbian 2018).https://www.columbian.com/news/2018/feb/12/study-finds- more-harm-to-fish-from-stormwater/

Salmon mortality and lesser impacts have been proven to be caused by urban runoff in Puget Sound and Portland, and have been documented to have an unknown degree of impact on the PCCP area endangered Steelhead, and the extent of this being studied at this time. A progress report on this was the October 5, 2020 webcast, California STORMS program, "Stormwater threats to salmon conservation across urban and land use gradients.”

Placer Parkway is water quality and wildlife impacting in itself and its surface would yield induce hazardous tire material and other runoff.

Region 5 need not defer to Placer County’s acceptance of CEQA and NEPA Significant and Unavoidable Impacts including, but not limited to these:

1.  Impact 4.2-1: Conversion of Farmland to a nonagricultural use

 Cumulative Impact 4.2-4: Cumulative conversion of Farmland to nonagricultural use

•  Impact 4.4-1: Loss and degradation of state or federally protected waters •  Impact 4.4-2: Loss of special-status plants •  Impact 4.4-3: Loss of federally listed vernal pool branchiopods and western spadefoot •  Impact 4.4-4: Loss of valley elderberry longhorn beetle •  Impact 4.4-5: Disturbance or loss of special-status reptile, bird, , and fish species •  Impact 4.4-6: Loss or degradation of riparian habitat •  Impact 4.4-7: Conflict with local policies or ordinances protecting biological resources •  Impact 4.4-8: Interfere substantially with wildlife movement •  Impact 4.4-9: Interfere substantially with native nursery sites •  Cumulative Impact 4.4-11: Contribution to loss and degradation of state or federally protected waters •  Cumulative Impact 4.4-12: Contribution to loss of federally listed vernal pool branchiopods and western spadefoot •  Cumulative Impact 4.4-14: Contribution to loss of special-status reptile, bird, mammal, and fish species; and valley elderberry longhorn beetle

 Cumulative Impact 4.5-8: Cumulative impacts on historic resources Geology and Soils

 Impact 4.6-1: Result in substantial soil erosion

•  Impact 4.9-1: Increased stormwater runoff and potential for downstream flooding •  Impact 4.9-3: Construction-related water quality impacts •  Impact 4.9-4: Water quality impacts from urban land uses Land Use

 Impact 4.11-1: Exposure of existing sensitive receptors to construction noise

•  Impact 4.11-5: Exposure of new and existing sensitive receptors to project-generated transportation noise •  Cumulative Impact 4.11-6: Cumulative short-term construction noise •  Cumulative Impact 4.11-8: Cumulative long-term operational noise (stationary and transportation)

Sunset Area Plan/Placer Ranch Specific Plan Findings, December 19, 2019, pages VIV 167-169.

Respectfully submitted,

Mike Garabedian for Placer County Tomorrow Lincoln, California