HomeMy WebLinkAboutF and G Commission Notice - Lower Klamath River Basin Sport Fishing t4U1 It;C:UUNTY
ADMINISTRATION
DEC 292016V
Commissioners STATE OF CALIFORNftROVILLF'.CALIFORN{xlerie Termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr.,Governor 1416 Ninth Street, Room 1320
Saint Helena Sacramento,CA 95814
Jacque Hostler-Carmesin,Vice President (916)653-4899
McKinleyville Fish and Game Commission www.fgc.ca.gov
Anthony C.Williams,Member
Huntington Beach
Russell Burns,Member
Napae
Peter Silva,Member
Chula Vista N
Wildlife Heritage and Conservation
Since 1870
December 28, 2016
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
subsection (b)(91.1) of Section 7.50, Title 14, California Code of Regulations, relating to
Lower Klamath River Basin sport fishing, which will be published in the California
Regulatory Notice Register on December 30, 2016.
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 Game Commission website at
http://www.fgc.ca.gov/regulations/2016/index.aspx .
Wade Sinnen, Senior Environmental Scientist, Department of Fish and Wildlife,
has been designated to respond to questions on the substance of the proposed
regulations. Mr. Sinnen can be reached by telephone at (707) 822-5119 or by email
at Wade.Sinnen(&_wildlife.ca.gov.
Sincerely,
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Caren Woodson
Associate Governmental 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, 215, and
316.5 of said Code, proposes to amend subsection (b)(91.1) of Section 7.50, Title 14,
California Code of Regulations, relating to Klamath River Basin Sport Fishing Regulations.
Informative Digest/Policy Digest/PolicyStatement Overview— Inland Fisheries
The Klamath River Basin, which consists of the Klamath River and Trinity River systems, 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
salmonid stocks, while providing equitable harvest opportunities for ocean sport, ocean
commercial, river sport and tribal fisheries.
The Pacific Fishery Management Council (PFMC) is responsible for adopting
recommendations for the management of sport 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 California Fish and Game Commission (Commission) adopts regulations for the ocean
salmon sport (inside three miles) and the Klamath River Basin sport fisheries which are
consistent with federal fishery management goals.
Two tribal entities within the Klamath River Basin, the Hoopa Valley Tribe and the Yurok Tribe,
maintain fishing rights for ceremonial, subsistence and commercial fisheries that are managed
consistent with federal fishery management goals. Tribal fishing regulations for the river are
promulgated by the Hoopa and Yurok tribes.
For the purpose of PFMC mixed-stock fishery modeling and salmon stock assessment, salmon
greater than 22 inches are defined as adult salmon (ages 3-5) and salmon less than or equal
to 22 inches are defined as grilse salmon (age 2).
Klamath River Fall-Run Chinook Salmon
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 2017 KRFC in-river sport 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 River Basin and equitably distribute harvest while operating within
annual allocations.
Klamath River Spring-Run Chinook Salmon
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 stocks are not managed or allocated by the PFMC. The in-river sport fishery
is managed by general basin seasons, daily bag limit, and possession limit regulations. KRSC
harvest will be monitored on the Lower Klamath River in 2017 and ensuing years by creel
survey.
KRFC Allocation Management
The PFMC 2016 allocation for the Klamath River Basin sport harvest was 1,110 adult KRFC.
Preseason stock projections of 2017 adult KRFC abundance will not be available from the
PFMC until March 2017. The 2017 basin allocation will be recommended by the PFMC in April
2017 and presented to the Commission for adoption prior to its April 2017 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 sport fishery. This recommended range encompasses the historical range
of the Klamath River Basin allocations and allows the PFMC and Commission to make
adjustments during the 2017 regulatory cycle.
The Commission may modify the KRFC in-river sport salmon harvest allocation which is
normally 15 percent of the non-tribal PFMC harvest allocation. Commission modifications
need to meet biological and fishery allocation goals specified in law or established in the
PFMC Salmon Fishery Management Plan otherwise harvest opportunities may be reduced in
the California ocean fisheries.
The annual KRFC in-river harvest allocation is split into four geographic areas with subquotas
assigned to each. They are as follows:
1. for the main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to
the Highway 96 bridge at Weitchpec -- 17 percent of the sport fishery allocation;
2. for the main stem Klamath River from downstream of the Highway 96 bridge at
Weitchpec to the mouth -- 50 percent of the sport fishery allocation;
3. for the Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West
bridge at Cedar Flat -- 16.5 percent of the sport fishery allocation; and
4. for the Trinity River downstream from the Denny Road bridge at Hawkins Bar to the
confluence with the Klamath River -- 16.5 percent of the sport fishery allocation.
The spit area (within 100 yards of the channel through the sand spit formed at the Klamath
River mouth) closes to all fishing after 15 percent of the total Klamath River Basin quota has
been taken downstream of the Highway 101 bridge.
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These geographic areas are based upon the historical distribution of angler effort and ensure
equitable harvest of adult KRFC in the upper Klamath River and Trinity River. The subquota
system requires the Department to monitor angler harvest of adult KRFC in each geographic
area. All areas will be monitored on a real time basis except for the following:
Klamath River upstream of Weitchpec and the Trinity River: Due to funding and personnel
reductions, the Department will be unable to deploy adequate personnel to conduct harvest
monitoring in the Klamath River upstream of Weitchpec and in the Trinity River for the 2017
season. The Department has reviewed salmon harvest and run-timing data for these areas.
Based on this review, the Department has developed a Harvest Predictor Model (HPM) which
incorporates historic creel survey data from the Klamath River downstream of Iron Gate Dam
to the confluence with the Pacific Ocean and the Trinity River downstream of Lewiston Dam to
the confluence with the Klamath River. The HPM is driven by the positive relationship between
KRFC harvested in the lower and upper Klamath River and the Trinity River. The HPM will be
used by the Department to implement fishing closures to ensure that anglers do not exceed
established subquota targets.
Current Sport Fishery Management
The KRFC in-river sport harvest allocation is divided into geographic areas and harvest is
monitored under real time subquota management. KRSC in-river sport harvest is managed by
general season, daily bag limit, and possession limit regulations.
The Department presently differentiates the two stocks by the following dates:
Klamath River
1. January 1 through August 14 - General Season KRSC. For purposes of clarity, daily
bag and possession limits apply to that section of the Klamath River downstream of the
Highway 96 bridge at Weitchpec to the mouth.
2. August 15 to December 31 - KRFC quota management.
Trinity River
1. January 1 through August 31 — General Season KRSC.
For purposes of clarity, daily bag and possession limits apply to that section of the
Trinity River downstream of the Old Lewiston Bridge to the confluence with the South
Fork Trinity River.
2. September 1 through December 31 — KRFC quota management.
The daily bag and possession limits apply to both stocks within the same sub-area and time
period.
Proposed Changes
No changes are proposed for the general (KRSC) opening and closing season dates, and bag,
possession and size limits.
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No changes are proposed for the Klamath River spit area.
No changes are proposed for the Blue Creek area.
The following changes to current regulations are proposed:
KRFC QUOTA MANAGEMENT: Seasons, Bag and Possession Limits
For public notice requirements, a range of KRFC bag and possession limits are proposed until
the 2017 Klamath River Basin quota is adopted. As in previous years, no retention of adult
KRFC salmon is proposed for the following areas, once the subquota has been met.
The proposed open seasons and range of bag and possession 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 total
length may be retained until the subquota is met, then 0 fish over 22 inches total length.
4. Possession limit - [0-12] Chinook Salmon of which [0-12] fish over 22 inches total
length may be retained when the take of salmon over 22 inches total length is allowed.
Necessity: The recommended ranges allow the Commission to make the final adjustments for
alignment with the federal 2017 regulatory process. The final KRFC bag and possession limits
will align with the final federal regulations to meet biological and fishery allocation goals
specified in law or established in the PFMC Salmon Fishery Management Plan otherwise
harvest opportunities may be reduced in the California ocean fisheries.
OTHER
Other changes are proposed for clarity and consistency.
Benefits of the regulations
It is the objective of this State to encourage the conservation, maintenance, and utilization of
the living resources of the ocean and inland waters under the jurisdiction and influence of the
State for the benefit of all the citizens of the State. In addition, it is the objective of this State to
promote the development of local California fisheries in harmony with federal law respecting
- fishing and the conservation of the living resources of the ocean and inland waters under the
jurisdiction and influence of the State. The objectives of this practice include, but are not
limited to, the maintenance of sufficient populations of all species of aquatic organisms to
ensure their continued existence and the maintenance of a sufficient resource to support a
reasonable sport use. Adoption of scientifically-based Klamath River Basin salmon seasons,
size limits, and 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 conformance with federal law, sustainable
management of Klamath River Basin fish resources, and promotion of businesses that rely on
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sport salmon fishing in the Klamath River Basin.
Consistency and Compatibility with State Regulations
The proposed regulations are neither inconsistent nor incompatible with existing State
regulations. The Legislature has delegated authority to the Commission to promulgate sport
fishing regulations (Sections 200, 202, 205, 315, and 316.5, Fish and Game Code).
Commission staff has searched the California Code of Regulations and has found no other
State regulations related to sport fishing in the Klamath River Basin.
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 DoubleTree by Hilton Hotel Sonoma, One
Doubletree Drive, Rhonert Park, California, on Thursday, February 9, 2017 at 8:00 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 teleconference originating in the Fish and
Game Commission conference room, 1416 Ninth Street, Suite 1320, Sacramento, California,
on Thursday, April 13, 2017, 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 5:00 p.m. on
March 29, 2017 at the address given below, or by email to FGC@fgc.ca.gov. Written
comments mailed, or emailed to the Commission office, must be received before 12:00 noon
on April 7, 2017. All comments must be received no later than April 13, 2017, at the
teleconference hearing. If you would like copies of any modifications to this proposal, please
include your name and mailing address.
Availability of Documents
The Initial Statement of Reasons, text of the regulations, as well as all related documents upon
which the proposal is based (rulemaking file), are on file and available for public review from
the agency representative, Valerie Termini, 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 Valerie Termini or Caren Woodson at the preceding address or phone
number. Wade Sinnen, Senior Environmental Scientist, Department of Fish and Wildlife,
phone (707) 822-5119, has been designated to respond to questions on the substance of
the proposed regulations. Copies of the Notice of Proposed Action, the Initial Statement of
Reasons, and the text of the regulation in underline and strikeout can be accessed through our
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
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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.
Impact of Regulatory Action/Results of the Economic Impact Assessment
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 regulations are projected to have
minor impact on the net revenues to local businesses servicing sport fishermen. If
the 2017 KRFC quota is reduced, visitor spending may correspondingly be reduced
and in the absence of the emergence of alternative visitor activities, the drop in
spending could induce business contraction. However, this will not likely affect the
ability of California businesses to compete with businesses in other states. The
preservation of Klamath River salmon stocks is necessary for the success of lower
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 on the Creation or Elimination of Jobs Within the State, the Creation of New
13usinesses..or_the. Elimination_of Existing..B.0sin esses,._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:
(c) The proposed regulations range from no fishing of KRFC adult salmon to a Klamath
River Basin salmon season similar to 2016. The Commission anticipates some
impact on the creation or elimination of jobs in California. The potential employment
impacts range from 0 to 45 jobs which are not expected to create, eliminate or
expand businesses in California. The Commission anticipates impacts on the
creation, elimination or expansion of businesses in California ranging from no impact
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to reduced revenues to approximately 30 businesses that serve sport fishing
activities. However, the possibility of growth of businesses to serve substitute
activities exists. Adverse impacts to jobs and/or businesses would be less if fishing
of steelhead and grilse KRFC salmon is permitted than under a complete closure to
all fishing. The impacted businesses are generally small businesses employing few
individuals and, like all small businesses, are subject to failure for a variety of
causes. Additionally, the long-term intent of the proposed action is to increase
sustainability in fishable salmon stocks and, consequently promoting the longterm
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 a healthy
outdoor activity and the consumption of a nutritious food.
The Commission anticipates benefits to the environment by the sustainable
management of California's salmonid resources.
The Commission does not anticipate any benefits to worker safety because the
proposed action does not affect working conditions.
(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
Valerie Termini
Dated:December 13, 2016 Executive Director
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