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HomeMy WebLinkAboutF and G Commission Notice - Pacific Halibut Sport Fishing BUTTE COUNTY ADMINISTRATION Commissioners STATE OF CALIFORNIA DEC 2 9 2016Valerie Termini,Executive Director Eric Sklar,President Edmund G.Brown Jr.,Gov1416 Ninth Street, Room 1320 Saint Helena 46RSrV UE,CALIFORNIA 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 E.Burns,Member Napa :�rr,'? . Peter S.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 Section 28.20, Title 14, California Code of Regulations, relating to Pacific halibut 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. Melanie Parker, Environmental Scientist, Marine Region, Department of Fish and Wildlife, has been designated to respond to questions on the substance of the proposed regulations. Ms. Parker can be reached at (831) 6492814 or Melanie.Parker@wiIdiife.ca.gov. Sincerely, Sherrie Fonbuena 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, 219, 220, 240 and 316 of the Fish and Game Code and to implement, interpret or make specific sections 200, 202, 203.1, 205, 207, 215, 219, 220 and 316 of said Code; 50 Code of Federal Regulation (CFR) Part 300, Subpart E; and 50 CFR 300.66, proposes to amend Section 28.20, Title 14, California Code of Regulations (CCR), relating to recreational fishing for Pacific halibut. Informative Digest/Policy Statement Overview Pacific halibut is internationally managed under the authority of the Northern Pacific Halibut Act of 1982 between the United States of America and Canada. Pacific halibut along the United States west coast is jointly managed through the International Pacific Halibut Commission (IPHC), Pacific Fishery Management Council (PFMC), and the National Marine Fisheries Service (NMFS), in conjunction with the west coast state agencies. The PFMC coordinates west coast management of all recreational and commercial Pacific halibut fisheries in United States waters through the Pacific Halibut Catch Sharing Plan (CSP), which constitutes a framework for recommending annual management measures. NFMS is responsible for specifying the final CSP language and management measures in federal regulations (50 CFR Part 300, Subpart E and the Federal Register) and noticing them on its halibut telephone hotline. Federal regulations for Pacific halibut are applicable in federal waters (three to 200 miles offshore)off Washington, Oregon, and California. Each state adjacent to federal waters adopts corresponding fishery regulations for their own waters (zero to three miles offshore). For consistency, the Commission routinely adopts regulations to bring State law into conformance with federal and international law for Pacific halibut. At its November 2016 meeting, the PFMC recommended changes to the 2017 CSP and recreational Pacific halibut fishery in California. The November PFMC regulatory recommendation and NMFS final rule will be considered by the Commission when it takes its own regulatory action to establish the State's recreational Pacific halibut fishery regulations for 2017. Summary of Proposed Amendments The Department of Fish and Wildlife (Department) is proposing the following regulatory changes to be consistent with PFMC recommendations and the CSP for Pacific halibut regulations in 2017. This approach will allow the Commission to adopt State recreational Pacific halibut regulations to conform in a timely manner to those taking effect in federal ocean waters on or before May 1, 2017. The proposed regulatory changes modify Pacific halibut regulations to allow for timely conformance to federal fisheries regulations and inseason changes. The proposed regulatory changes would modify the seasons to include a range from May 1 to October 31 which may include periodic closures, and update the reference to the Federal Register specifying the 2017 federal quota amount. The final regulation will conform to the season established by federal regulations in May 2017. Benefits of the Proposed Regulations The benefits of the proposed regulations are: consistency with federal regulations, the sustainable management of California's Pacific halibut resources, and health and welfare of anglers. Evaluation of Consistency and Compatibility with Existing 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 (Fish and Game Code, sections 200, 202, and 205) and Pacific halibut fishing regulations specifically (Fish and Game Code, Section 316). The proposed regulations are consistent with regulations for sport fishing 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 CCR and has found no other State regulations related to the recreational take of Pacific halibut. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held on Thursday, February 9, 2017, at 8:00 a.m., or as soon thereafter as the matter may be heard, at the DoubleTree by Hilton Hotel Sonoma, One DoubleTree Drive, Rohnert Park, California. NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a teleconference hearing 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. 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 by mail to the Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090, or by email to FGC(c.Dfgc.ca.goy. 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 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. Availability of Documents Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the-,--- regulation in underline and strikeout format can be accessed through the Commission's website at www.fgc.ca.gov. 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 Sherrie Fonbuena at the preceding address or phone number. Melanie Parker, Environmental Scientist, Department of Fish and Wildlife, phone 2 (831) 649-2814, email Melanie.Parker wildlife.ca. ov, has been designated to respond to questions on the substance of the proposed regulations. 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 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 Business, 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 because the regulatory action does not substantially alter existing conditions. (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 in California, the creation of new businesses, the elimination of existing businesses, or the expansion of businesses in California. The Commission anticipates benefits to the health and welfare of California residents. Providing opportunities to participate in sport fisheries fosters conservation through education and appreciation of fish and wildlife. The Commission anticipates benefits to the environment by the sustainable management of California's Pacific halibut resources. 3 The Commission does not anticipate any benefits to worker safety. Additional benefits of the proposed regulations are consistency with federal regulations and promotion of businesses that rely on recreational Pacific halibut fishing. (c) Cost Impacts on a Representative Private Person or Business: The Commission 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). 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 20, 2016 Executive Director 4