HomeMy WebLinkAboutF&G Commission - Salmon Fishing Commissioners STATE OF CALIFORNIA Sonke Mastrup,Executive Director
Jack Baylis,President Edmund G.Brown Jr.,Governor 1416 Ninth Street,Room 1320
Los Angeles Sacramento,CA 95814
Jim Kellogg,Vice President (916)653 4899
Discovery Bay Fish and Game Commission
Richard Rogers,Member www.fgc.ca.gov
Santa Barbara
Michael Sutton,Member
Monterey ;
i'lR.
Jacque Hostler-Carmesin„Member 1D ;COUNTYR
McKinleyville
DEC
Wildlife Heritage and Conservation ()RO�V11.I F,CALff'ORNIA
Since 1 870
December 24, 2615
This is to provide you with a copy of the notice of proposed regulatory action relative to
amending subsections 7.50(b)(5), (b)(68) and (b)(156.5), Title 14, California Code of
Regulations, relating to central valley salmon sport fishing, which are published in the
California Regulatory Notice Register on December 25, 2015.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
,Additional information and all associated documents may be found on the Fish and
Came Commission website at wwwww.fgc.ca.gov.
Mr. Roger Bloom, Fisheries Branch, phone (916) 445-3777, has been designated
to respond to questions on the substance of the proposed, regulations.
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Sincerely,
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Associate overnmental Program Analyst
,Attachment
TITLE 14. Fish and Game Commission
Notice of Proposed Changes in Regulations
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to
the authority vested by Sections 200, 202, 205, 215, 220, 240, 315 and 316.5 of the Fish and
Game Code and to implement, interpret or make specific Sections 200, 202, 205, 206, 215 and
316.5 of said Code, proposes to amend subsections (b)(5), (b)(68), and (b)(156.5), of Section
7.50, Title 14, California Code of Regulations (CCR), relating to alphabetical list of waters with
special fishing regulations:
central valley salmon sport fishing.
Informative DiaestlPolicy Statement Overview
The current, 2015, sport fishing regulations allow for salmon fishing in the American, Feather
and Sacramento rivers. The Department of Fish and Wildlife (Department) is recommending
new Chinook salmon bag and possession limits in the American, Feather, and Sacramento
rivers for the 2016 season.
The Pacific Fishery Management Council (PFMC).is responsible for adopting recommendations
for the management of recreational and commercial ocean salmon fisheries in the Exclusive
Economic Zone (three to 200 miles offshore)off the coasts of Washington, Oregon, and
California. When approved by the Secretary of Commerce, these recommendations are
implemented as ocean salmon fishing regulations by the National Marine Fisheries Service
(NMFS).
The PFMC will develop the annual Pacific coast ocean salmon fisheries regulatory options for
public review at its March 2016 meeting and develop the final PFMC regulatory
recommendations for adoption by NMFS at its April 2016 meeting.
Based on the action taken by NMFS and the recommendation of the Department, the
Commission will adopt bag and possession limits for the American, Feather, and Sacramento
rivers which will:
(1) allow for additional harvest of salmon if low instream flow conditions persist due to the
existing drought to reduce impacts to spawning habitat; and
(2) increase or decrease the current salmon bag and possession limits based on the PFMC
salmon abundance estimates and recommendations for ocean harvest for the coming season.
Benefits of the regulations
As set forth in Fish and Game Code Section 1700 it is "the policy of the state to encourage the
conservation, maintenance, and utilization of the living resources of the ocean and other waters
under the jurisdiction and influence of the state for the benefit of all the citizens of the state and
to promote the development of local fisheries and distant-water fisheries based in California in
harmony with international law respecting fishing and the conservation of the living resources of
the oceans and other waters under the jurisdiction and influence of the state.
Adoption of scientifically-based Central Valley salmon bag and possession limits provides for
the maintenance of sufficient populations of salmon to ensure their continued existence. The
benefits of the proposed regulations are in concurrence with Federal law, sustainable
management of the Central Valley salmon resources, and promotion of businesses that rely on
Central Valley salmon sport fishing.
The benefits of the proposed regulations are.concurrent with Federal law, sustainable
management of California's salmon resources, and promotion of businesses that rely on
recreational sport fishing in California.
Evaluation of Inconsistency/incompatibility with Existing State Regulations
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The Commission has evaluated the proposed regulation and has determined that these are the
only regulations dealing with fisheries at risk due to drought conditions. Therefore, the proposed
regulations are neither inconsistent nor incompatible with existing state regulations.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held in the Resources Building Auditorium,
1416 Ninth Street, Sacramento, California, on Thursday, February 11, 2016 at 8:30 a.m., or as
soon thereafter as the matter may be heard.
NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in
writing, relevant to this action at a teleconference originating in the Fish and Game Commission
conference room, 1416 Ninth Street, Suite 1320, Sacramento, California, on Monday, April 18,
2016, at 8:30 a.m., or as soon thereafter as the matter may be heard. Interested persons may
also participate at the following locations: Department of Fish and Wildlife, Conference Room,
50 Ericson Court, Arcata, California; Department of Fish and Wildlife, Conference Room, 4665
Lampson-Avenue, Los Alamitos, California; and Department of Fish and Wildlife Conference
Room, 7329 Silverado Trail, Napa, California. Written comments may be submitted at the
address given below or by a mail to FGC@fgc.ca.gov. Written comments mailed or e-mailed to
the Commission office, must be received before 12:00 noon on April 13, 2016. All comments
must be received no later than April 18, 2016, at one of the teleconference hearing locations
listed above. If you would like copies of any modifications to this proposal, please include your
name and mailing address.
The regulations as proposed in strikeout-underline format, as well as an initial statement of
reasons, including environmental considerations and all information upon which the proposal is
based (rulemaking file), are on file and available for public review from the agency
representative, Sonke Mastrup, Executive Director, Fish and Game Commission, 1416 Ninth
Street, Box 944209, Sacramento, California 94244-2090, phone (916)653-4899. Please direct
requests for the above mentioned documents and inquiries concerning the regulatory process to
Sonke Mastrup or Jon Snellstrom at the preceding address or phone number. Roger Bloom,
Department of Fish and Wildlife, phone (916) 445-3777, has been designated to respond
to questions on the substance of the proposed regulations. Copies of the Initial Statement
of Reasons, including the regulatory language, may be obtained from the address above. Notice
of the proposed action shall be posted on the Fish and Game Commission website at
http://www.fgc.ca.gov.
Availability of Modified Text
If the regulations adopted by the Commission differ from but are sufficiently related to the action
proposed, they will be available to the public for at least 15 days prior to the date of adoption.
Circumstances beyond the control of the Commission (e.g., timing of Federal regulation
adoption, timing of resource data collection, timelines do not allow, etc.)or changes made to be
responsive to public recommendation and comments during the regulatory process may
preclude full compliance with the 15-day comment period, and the Commission will exercise its
powers under Section 202 of the Fish and Game Code. Regulations adopted pursuant to this
section are not subject to the time periods for adoption, amendment or repeal of regulations
prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Code. Any person
interested may obtain a copy of said regulations prior to the date of adoption by contacting the
agency representative named herein.
If the regulatory proposal is adopted, the final statement of reasons may be obtained from the .
address above when it has been received from the agency program staff.
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Impact of Regulatory Action/Results of the Economic Impact Analysis
The potential for significant statewide adverse economic impacts that might result from the
proposed regulatory action has been assessed, and the following initial determinations relative
to the required statutory categories have been made:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including
the Ability of California Businesses to Compete with Businesses in Other States:
The proposed action will not have a significant statewide adverse economic impact
directly affecting business, including the ability of California businesses to compete with
businesses in other states. The proposed changes are necessary for the continued
preservation of the resource and therefore the prevention of adverse economic impacts.
(b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New
Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in
California; Benefits of the Regulation to the Health and Welfare of California Residents,
Worker Safety, and the State's Environment:
The Commission does not anticipate any impacts on the creation or elimination of
jobs, the creation of new business, the elimination of existing businesses or the
expansion of businesses in California. The minor variations in the bag and
possession limits as may be established in the regulations are, by themselves,
unlikely to impact business.
The Commission anticipates benefits to the health and welfare of California residents.
Providing opportunities for a salmon sport fishery encourages consumption of a
nutritious food. The Commission anticipates benefits to the environment by the
sustainable management of California's salmon resources.
The Commission does not anticipate any non-monetary benefits to worker safety.
(c) Cost Impacts on a Representative Private Person or Business:
The agency is not aware of any cost impacts that a representative private person or
business would necessarily incur in reasonable compliance with the proposed action.
(d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State:
None.
(e) Nondiscretionary Costs/Savings to Local Agencies: None.
(f) Programs Mandated on Local Agencies or School Districts: None.
(g) Costs Imposed on Any Local Agency or School District that is Required to be
Reimbursed Under Part 7 (commencing with Section 17500) of Division 4, Government
Code: None.
(h) Effect on Housing Costs: None.
Effect on Small Business
It has been determined that the adoption of these regulations may affect small business. The
Commission has drafted the regulations in Plain English pursuant to Government Code
Sections 11342.580 and 11346.2(a)(1).
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Consideration of Alternatives
The Commission must determine that no reasonable alternative considered by the Commission,
or that has otherwise been identified and brought to the attention of the Commission, would be
more effective in carrying out the purpose for which the action is proposed, would be as
effective and less burdensome to affected private persons than the proposed action, or would
be more cost effective to affected private persons and equally effective in implementing the
statutory policy or other provision of law.
FISH AND GAME COMMISSION
Sonke Mastrup
Dated: December 15, 2015 Executive Director
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