HomeMy WebLinkAboutF and G Commission Notice - Ocean Salmon Sport Fishing ADMINITMTION
DEC 2 9 2016
Commissioners STATE OF CALIFORNIA 0R0V1LLE,CAL1F%We 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
Napa
Peter Silva,Member
Chula Vista
Wildlife Heritage and Conservation
Since 9870
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 (c) of Section 27.80, Title 14, California Code of Regulations, relating to
ocean salmon sport fishing, which will be published in the California Regulatory Notice
Register on December 30, 2015.
This is the first of two notices relating to ocean salmon sport fishing and pertains to the
ocean salmon sport fishing regulations for May-November, 2017. A separate notice
pertaining to the April 2017 ocean salmon sport fishing regulations will also be
published in the California Regulatory Notice Register on December 30, 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
Game Commission website at http://www.tqc.ca.gov/regulations/2016/index.aspx .
Barry Miller, Environmental Scientist, Marine Region, Department of Fish and
Wildlife, has been designated to respond to questions on the substance of the
proposed regulations. Mr. Miller can be reached at (707) 576-2860 or
Barry.Miller@wildlife.ca.gov.
Sincerely,
� f
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, 220, 240, 316.5 and 2084 of the Fish and
Game Code and to implement, interpret or make specific Sections 200, 202, 205, 316.5 and
2084 of said Code, proposes to amend subsection (d) of Section 27.80, Title 14, California
Code of Regulations, relating to Ocean Salmon Recreational Fishing on and after May 1, 2017.
Informative Diaest/Policy Statement Overview— Inland Fisheries
The Pacific Fishery Management Council (PFMC) coordinates west coast management
of recreational and commercial ocean salmon fisheries in the federal fishery management
zone (three to 200 miles offshore) along the coasts of Washington, Oregon and California. The
annual PFMC ocean salmon regulation recommendations are subsequently implemented by
the National Marine Fisheries Service (NMFS) effective on May 1 of each year.
California's recreational salmon fishing regulations need to conform to the federal regulations
to achieve optimum yield in California under the federal Salmon Fishery Management Plan.
The Fish and Game Commission (Commission) adopts regulations for the ocean salmon
recreational fishery in State waters (zero to three miles offshore) which are consistent with
these federal fishery management goals.
Present Regulations
Regulations for 2016 [subsections 27.80(c) and (d)] authorized ocean salmon recreational
fishing seven days per week north of Horse Mountain including Humboldt Bay from May 16
through May 31, June 16 through June 30, July 16 through August 16, and September 1
through September 5, 2016. Between Horse Mountain and Point Arena, ocean salmon
recreational fishing was authorized seven days per week from April 2 to November 13, 2016.
Between Point Arena and Pigeon Point, ocean salmon recreational fishing was authorized
seven days per week from April 2 to October 31, 2016. Between Pigeon Point and Point Sur,
ocean salmon recreational fishing was authorized seven days per week from April 2 to July 15,
2016. For areas south of Point Sur, ocean salmon recreational fishing was authorized seven
days per week from April 2 to May 31, 2016. The bag limit for all areas in 2016 was two fish
per day (all species except coho). The areas north of Point Arena had a minimum size limit of
20 inches total length. The area between Point Arena and Pigeon Point had a minimum size
limit of 24 inches total length through April 30, 2016 and 20 inches total length thereafter.
Areas south of Pigeon Point had a minimum size limit of 24 inches total length. Since the
existing regulations pertained only to the 2016 season, amendment of these regulations is
essential to allow for any fishing in State waters during 2017.
Proposed Regulations
Two separate Commission actions are necessary to conform State regulations to federal rules
that will apply in 2017. This proposed regulation would amend subsection 27.80(d),
establishing salmon fishing regulations for May 1 through the end of 2017. Recreational
salmon fishing regulations for the month of April 2017 will be considered in a separate
rulemaking action, tentatively scheduled for adoption in March 2017.
For public notice purposes and to facilitate Commission discussion, the Department of Fish
and Wildlife is proposing the following regulations to encompass the range of federal ocean
salmon regulations that are expected to be in effect on or after May 1, 2017. This approach will
allow the Commission to adopt State ocean salmon recreational fishing regulations to conform
to those in effect in federal ocean waters.
1. North of Horse Mountain and in Humboldt Bay: The season, if any, may occur within the
range of May 1 through September 30, 2017.
2, Between Horse Mountain and Pigeon Point: The season, if any, may occur within the
range of May 1 to November 12, 2017.
3. South of Pigeon Point: The season, if any, may occur within the range of May 1 to
October 1, 2017.
4. For all areas, the proposed daily bag limit will be from zero to two fish, and the proposed
minimum size will be from 20 to 26 inches total length.
The exact opening and closing dates, along with daily bag limit, minimum size, and days of the
week open will be determined in April 2017 by the Commission considering
federal regulations and may be different for each subarea.
Benefits of the regulations
The benefits of the proposed regulations are concurrence with federal law, sustainable
management of ocean salmon resources, and promotion of businesses that rely on
recreational ocean salmon fishing.
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 adopt sport fishing
regulations in general (Sections 200, 202 and 205, Fish and Game Code) and salmon sport
fishing regulations specifically (Section 316.5, Fish and Game Code). The proposed
regulations,are.consistent with regulations forsportfishing.in,.marine-protected.areas_(.Section...
632, Title 14, CCR) and with general sport fishing regulations in Chapters 1 and 4 of
Subdivision 1 of Division 1, Title 14, CCR. Commission staff has searched the California Code
of Regulations and has found no other State regulations related to the recreational take of
salmon in the ocean.
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.
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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(Wgc.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. Barry Miller, Environmental Scientist, Department of Fish and Wildlife, phone
(707) 576-2860, 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
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
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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:
Although the recommendations of the PFMC for the 2017 ocean salmon season are
unknown at this time, the Department anticipates that recreational salmon fishing
effort will be similar to the 2015 season. For the purpose of evaluating potential
economic impacts of the 2017 ocean salmon regulations, the Commission analyzed
possible reductions in ocean salmon recreational effort ranging from 0-percent (no
change) to a 5-percent and a 10-percent reduction from the number of angling trips
in 2015. The base year used for estimating the 2017 economic impacts is the 2015
salmon season, the latest full year of economic data.
The projections conducted for 2017, representing 100-percent (82,000 angler days),
and 95-percent (77,900 angler days), and 90-percent (74,000) levels of ocean
salmon angling effort, are not likely to precipitate significant statewide adverse
economic impacts directly affecting businesses, including the ability of California
businesses to-compete with businesses in other states. Additionally, any reduction in
angling opportunity would be undertaken with the intent of ensuring the health of the
resource and thus also preventing longer term adverse economic impacts.
Data from the Department indicate that during the 2015 salmon season, recreational
fishermen participated in 82,000 angler days of ocean salmon fishing and generated
an estimated $13.7 million (2016$) in total economic output to the State. The
projected levels of fishing effort for the 2017 salmon season are 82,000 angler days,
78,000 angler days, and 73,800 angler days, equivalent to 100-, 95-, and 90-percent
levels of effort, respectively. With these projected 2017 levels of angler effort, the
associated fishing expenditures by fishermen would generate an estimated $13.7
million, $13 million and $12.3 million (2016$) in total economic output for the State,
respectively. Thus, relative to the 2015 salmon season, the total incremental effects
(direct, indirect, and induced) of the 2017 projections on State economic output
range from no change (the same $13.7 million); a 5-percent decrease (-$684
thousand); to a 10-percent decrease (-$1.4 million) in total economic output from the
.. ._ ... ...recreational ocean_salmon fishery.._... .._... _.. .. ..._ ... _. ......... ..._... . ..
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:
Approximately 111 jobs were indirectly supported by recreational ocean salmon
angling during the 2015 salmon season. Thus, relative to the 2015 salmon season,
the 2017 projections (100-, 95-, and 90-percent levels of effort) represent potential
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incremental effects on employment ranging from zero new jobs (no change) to a loss
of 6 to 11 jobs statewide; the potential incremental effects on the creation or
elimination of businesses is anticipated to range from no impact to insignificant
impacts on the elimination of businesses in the state. A 10-percent decrease in
angling effort may have minimal impacts in some localized areas that lack industry
diversification and have a heavy reliance on recreational fishing and tourism; and
potential incremental effects on the expansion of businesses range from no effect to
the minor contraction of some business activities in the recreational ocean salmon
fishing areas.
The Commission anticipates benefits to the health and welfare of California
residents. Salmon sport fishing contributes to increased mental health of its
practitioners, provides opportunities for multi-generational family activities and
promotes respect for California's environment by the future stewards of California's
natural resources.
The Commission anticipates benefits to the State's environment in the sustainable
management of salmon resources.
Additional benefits of the proposed regulations are concurrence with federal law, and
promotion of businesses that rely on recreational ocean salmon fishing.
The Commission does not anticipate 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.
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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).
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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