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HomeMy WebLinkAboutF & G 2Commissioners Michael Sutton, Presi[tent Monterey Richard Rogers, Vice President Santa Barbara Jim Kellogg, Member [7iscovery Bay Jack Baylis, Member Los Angeles Vacant, Member February 22, 213 STAi'E OF' CALIFORNIA Edmund G. Brown Jr., Governor Fish and Game Commission TO ALL INTERESTED AND AFFECTED PARTIES: Sonke AAastrup, Executive Director 1416 Ninlh Street, Room 132E} Sacramento, CA 95$14 (916)653-4899 (918) 653-5049 Fax www.fgc.ca.gov ~~~ ~ Z ! 2013 ~iuE, ~u This is to provide you with a copy of the notice of proposed regulatory action relative to Section 7.563, 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 22, 2013. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Mr. Neil Manji, Department of Fish and Wildlife, Northern Region, phone X530) 225- 2374, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, ~~~ . Sherrie Fonbuena Associate Governmental Program Analyst Attachment [~ - '~~ ~ TITLE 'f 4. 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 Cade and to implement, interpret or make specific sections 200, 202, 205, 206, 215 and 316.5 of said Cade, proposes to amend subsection (b){91.1) of Section 7.50, Title 14, California Code of Regulations, relating to Klamath River sport fishing. Informative DipestlPoGcy Statement Overview 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. Saimonid regulations are designed to meet natural and hatchery escapement needs for salmonid stocks, while providing equitable harvest opportunities for ocean recreational, ocean commercial, river recreational and Tribal fisheries. The Pacific Fishery Management Council (PFMC) is responsible far adapting recommendations far 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). Commission adopts regulations far the ocean salmon recreational (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 2013 KRFC in-river recreational fishery allocation recommended by the PFMC is currently unknown. All 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}. Naturally produced KRSC are both temporally and spatially separated from KRFC in most cases. Presently, KRSC stacks are not managed or allocated by the PFMC. The in-river recreational fishery is managed by general basin seasons, daily bag limit, and possession limit regulations. KRFC Ailocatian Management The 2012 allocation for the Klamath River System recreational harvest was 67,600 adult KRFC. Preseason stock projections of 2013 adult KRFC abundance will not be available from the PFMC until March 2013. The 2013 Klamath Basin allocation will be recommended by the PFMC in April 2013 and presented to the Commission for adoption prior to its April 2013 meeting. For public notice requirements, the Department of Fish and Wildlife {Department) recommends the Commission consider an allocation range of 0 - 67,600 adult KRFC in the Klamath River Basin for the river recreational fishery. Curren# 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 bath stocks within the same sub-area and time period. Proposed Changes The Department is proposing the fallowing changes to current regulations: Na 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 2013 basin quota is adapted. 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: 1. Klamath River -August 15 to December 31 2. Trinity River -September 1 to December 31 3. Bag Limit - [0-4] Chinook salmon - of which no more than [0-4] fish over 22 inches fatal length until sub quota is met, then 0 fish over 22 inches total length. The possession limit is proposed as a range of [0-12] Chinook salmon of which [0-12] over 22 inches total length may be retained when the-take of salmon over 22 inches total length is allowed. A non-substan#ive change is made to subsection 7.50(b)(91.1){B)1. to reflect the renaming of the Department of Fish and Game as the Department of Fish and Wildlife. Benefits of the Proposed Regulations The benefits of the proposed regulations are in conformance 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 proposed regulations are neither inconsistent nor incompatible with existing State regulations. No other State agency has the authority to promulgate sport fishing 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 Mount Shasta Hatchery Museum, 3 North Old Stage Road, Mount Shasta, California, an Wednesday, March 6, 2013 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 hearing to be held in the Flamingo Conference Resort & Spa, 2 2777 Fourth Street, Santa Rasa, California, on Wednesday, April 17, 2013 at 8:30 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 7, 2013 at the address given below, or by fax at {916) 653-5040, or by a-mail to FGC aC~.fac.ca.aov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 12:00 p.m. on April 15, 2013. All comments must be received no-hater than April 17, 2013, at the hearing in Santa Rosa, CA. 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 a[I information upon which the proposa! is based {rulemaking file), are an file and available for public review from the agency representative, Sonke Mas#rup, 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 Fonbuena at the preceding address or phone number. Mr. Neil Manji, Manager, Northern Region, Department of Fish and Wildlife, telephone (530) 225- 2374, has been designa#ed to respond #o 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:llwww.fgc.ca.gov. Availability of Modified_Text If the regulations adapted 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 oat 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 adapted 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. Impac# of Reaula#ory Ac#ionlResults of the Economic Impact Ana[ysEs 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 S#atewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not.have a signifcant 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 to have unknown negligible impact on the net revenues to businesses servicing sport fishermen. This is 3 not likely to affect the ability of CaGfiornia businesses to compete with businesses in other states. The preservation of Klamath River salmon stocks is necessary far 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 therefore the prevention of adverse economic impacts. (b) Impact an 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 significant 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 proposed regulations range from no salmon fishing on adult Chinook salmon {>22 inches) in 2013 to a normal Klamath River Basin salmon season; therefore, the potential employment impacts range from 0 to 47 jabs. However, due to the fact that sport fishing for Chinook salmon will be allowed for grilse fall Chinook salmon, any adverse impacts to businesses would be less severe than under a complete closure of fishing. The impacted businesses are generally small businesses employing few individuals and, like ail small businesses, are subject to failure for a variety of causes. Additionally, the longterm intent of the proposed ac#ion is to increase sustai.nability in fishable salmon stocks and, subsequently, the promotion and long-term viability of these same small businesses. The Commission anticipates benefits to the environment by the sustainable management of California`s salmon resources. 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 benefits to worker safety. (c) Cast impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts #hat 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 Costsl5avings 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 1700} of Division 4, Government Code: None. (h) Effect on Housing Costs: None. 4 Effect an 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). Consideration of Alterna#ives 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 flat 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 cast-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: February 12, 2013 Executive Director 5