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HomeMy WebLinkAboutF & GCOMhiiSS[OlvtlicS UanieE W. Richards, President EUI14U1~D G. BROWN, JR. Sonke 111astrup Upland , '_ EXECt.3TIVE DIRECTOR Michael Sutton, Vice President ,, f •~: '- ~'' ~T!+ I~11bNierih Sireet• Room 1320 Box 94 F 209 Monterey r.. _. . Jim Kellogg, Member - Sacramento, CR 94134-1090 discovery Bay ' s.~,~•" (916J 653-9849 {9I6J 653-5040 Fcar Richard Rogers, Member Santa Barbara Governor fgcC?fgaca.gov Jack Baylis, Member Las Angeles STATE OF CALIFORNIA Fish and Game Commission 13QRRE~ OF sU~ February 24, 2012 F~ ~ ~ 112 OROVIkt,E, CALIFOR~p- TO ALL INTERSESTED AND AFFECTED PARTIES: , This is to provide you' with a copy of the notice of proposed regulatory action relative to Section 7.50, Title 14, California Code of Regulations, relating to Klamath-Trinity Rivers salmon sport fishing, which will be published in the California Regulatory Notice Register on February 24, 2012. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Mr. Curtis Milliron, Department of Fish and Game, Northern Region, phone (530) 225-2280, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, Sherrie Fonbuena Associate Governmental Program Analyst Attachment TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations NOTICE 1S 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 200, 202, 205, 206, 215 and 316.5 of said Code, proposes to amend Section 7.50, Title 14, California Code of Regulations, relating to Klamath-Trinity Rivers salmon sport fishing. Informative Dic~estJPoli~ Statement Overr-iew The Klamath River System, which consists of the Klamath River and Trinity River basins, is managed through a cooperative system of State, Federal, and Tribal management agencies. Salmonid regulations are designed to meet natural and hatchery escapement needs for salmanid stocks, while providing equitable harvest opportunities for ocean recreational, ocean commercial, river recreationa! and Tribal fisheries. 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 mites offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fshing regulations by the National Marine Fisheries Service (NMFS). The California Fish and Game Commission (Commission) adopts regulations for the ocean salmon recreationa[-{inside three miles) and the Klamath River System recreational fisheries which are consistent with federal fishery management goals. Klamath River Fall-Run Chinook Klamath River fall-run Chinook salmon {KRFC) harvest allocations and natural spawning escapement goals are established by the PFMC. The KRFC harvest allocation between Tribal and non-Tribal fisheries is based on court decisions and allocation agreements between the various fishery representatives. The 2012 KRFC in-river recreational fishery allocation recommended by the PFMC is currently unknown. AEI proposed closures for adult KRFC are designed to ensure sufficient spawning escapement in the Klamath basin and equitably distribute harvest while operating within annual allocations. Klamath River Spring-Run Chinook The Klamath River System also supports Klamath River spring-run Chinook salmon {KRSC). NaturaEly produced KRSC are both temporally and spatially separated from KRFC in most cases. Presently, KRSC stocks are not managed or allocated by the PFMC. The in-river recreational fishery is managed by general basin seasons, daily bag limit and possession (Emit regulations. KRFC Allocation Management The 2011 allocation for the Klamath River System recreational harvest was 7,900 adult KRFC. Preseason stock projections of 2012 adult KRFC abundance will not be available from the PFMC until March 2092. The 2012 basin allocation will be recommended by the PFMC in April 2012 and presented to the Commission for adoption prior to its April 2012 meeting. For public notice requirements, the Department recommends the Commission consider an allocation range~af 0 - 40,000 adult KRFC in the Klamath River basin for the river recreational fshery. Current Recreational Fishery Management The KRFC in-river recreational harvest allocation is divided into geographic areas and harvest is monitored under real time sub-quota management. KRSC in-river recreational harvest is managed by general season, daily bag limit and possession limit regulations. The daily bag and possession limits apply to both stocks within the same sub-area and time period. Proposed Changes The Department is proposing the following changes to current regulations: No changes are proposed for the general (KRSC} opening and closing season dates. KRFC Season Ba Limit and Possession Limit For public notice requirements, a range of KRFC bag and possession limits are proposed until the 2012 basin quota is adopted. As in previous years, no retention of adult KRFC salmon is proposed for the following areas, once the sub quota has been met. The proposed open seasons and range of bag limits for KRFC salmon stocks are as follows: 9 . Klamath River -August 15 to December 31 2. Trinity River -September 1 to December 31 3. Bag Limit - [0-4] Chinook salmon -only [0-3] fish over 22 inches total length until sub quota is met, then 0 fish over 22 inches total length. The possession limit is proposed as a range of [0-9] Chinook salmon of which [0-6] over 22 inches total length may be retained when the take of salmon over 22 inches total length is allowed. The benefits of the proposed regulations are concurrence with Federal law, sustainable management of Klamath River basin salmon resources, and promotion of businesses that rely on recreational salmon fishing in the Klamath River basin. The Commission does not anticipate non-monetary benefits to the. protection of public health and safety, worker safety, the prevention of discrimination, the promotion of fairness or social equity and the increase in openness and transparency in business and government. The proposed regulations are neither inconsistent nor incompatible with existing State regulations. No other State agency has the authority to promulgate sport fishing regulations. 2 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 Mission Inn Hotel, 3649 Mission Inn Avenue, Riverside, California, on Wednesday, March 7, 2012 at 5:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS AE.SO GIVEN that any person interested may present statements, orally or in writing, relevant to this ac#ion at a hearing to be held in the Red Lion Hotel, 1929 4`" Street, Eureka, California, on Wednesday, April 11, 2012, at 5:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that written comments be submitted on or before April 6, 2012 at the address given below, or by fax at {916) 653-5040, or by a-mail to FGC aC~.fgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on April 10, 2012. Ali comments must be received no later than April 11, 2012, at the hearing in Eureka, CA. if you would like copies of any modifications #o 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 far 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 Sherrie l=onbuena at the preceding address or phone number. Mr, Curtis Milliron, Department of Fish and Game, Northern Region, telephone (530) 225-228Q, 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 httpalwww.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 vtirill be available to the public for at feast 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 Sec#ions 11343.4, 11346.4 and 11346.5 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. Im act of Re ulato Action The potential for significant statewide adverse economic impacts that might result from the proposed regulatory action has been assessed, and the foElowing 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 regulations are projected have an unknown impact on the net revenues to businesses servicing sport fishermen. This is not likely to affect the ability of Cali#ornia businesses to compete with businesses in other states. The preservation of Klamath River salmon stocks is necessary for the success of lower and upper Klamath River Basin businesses which provide goods and services related to fishing. The proposed changes are necessary for the continued preservation of the resource and #herefore 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; Benefts 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 an the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California. The proposed regulations range from no salmon fishing on adult Chinvak salmon (~22 inches} in 2012 to a normal Klamath River Basin salmon season; therefore, the potential impacts range from 0 to 47 jobs. However, due to the fact that sport fishing far Chinook salmon will be allowed for grilse faH Chinook salmon, impacts to businesses will be less severe than under a complete closure of fishing. The impacted businesses are generally small businesses employing few individuals and, like aEl small businesses, are subject to failure far a variety of causes. Additionally, the long- term intent of the proposed action is to increase sustainability in fishable salmon stocks and, subsequently, the promotion and long-term viability of these same small businesses. 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 does not anticipate any non-monetary benefits to worker safety. The Commission anticipates benefits to the environment by the sustainable management of California's salmon resources. 4 (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) Casts or Savings to State Agencies or CostslSavings in Federal Funding to the State: None. (e} Nondiscre#ionary CostslSavings 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 Casts: 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(x)(1}. 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 mare cost-effective to the affected private persons and equally effective in implementing the statutory policy or other provision of law. FISH AND GAME COMMISSION Sonke Mastrup Dated: February 14, 2012 Executive Director