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Home My WebLink AboutF&G - 15-Day Continuation Notice Commissioners STATE OF CALIFORNIA Valerie 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 fgc@fgc.ca.gov Anthony C.Williams,Member www.fgc.ca.gov Huntington Beach BUTTEADMNII ONUNT Russell E. Burns,Member D �} Napa .SAN A J Peter S.Silva,Member U 201$ Jamul 01LOVILLE,CALIFORNIA Wildlife Heritage and Conservation Since 9870 December 27, 2017 TO ALL INTERESTED AND AFFECTED PARTIES: This is to provide you with a 15-day continuation notice of the action taken at the Fish and Game Commission's (Commission's) December 6-7, 2017, meeting in San Diego. After receipt of oral and written comments, the Commission voted to close the recreational abalone fishery under Option 1, and to provide a sunset date of that closure. The fishery would re-open on April 1, 2019, or upon adoption of an abalone fishery management plan, whichever comes first. The regulatory language has been revised to add the sunset date provision in subsections (i)-(j). Additional text was added to subsections (a), (b), and (c), to provide clarity on the effective dates of those subsections. The proposed changes to the originally noticed language are shown in double underline/double strikeout format and are sufficiently related to the originally proposed text. Written comments on the revised proposed regulatory language will be accepted from December 28, 2017, through 5:00 p.m. on January 12, 2018. Written comments must be emailed to FGC(cD-fgc.ca.gov or mailed to Valerie Termini, Executive Director, California Fish and Game Commission, 1416 Ninth Street, Suite 1320, Sacramento, California 95814. If needed to comply with statutory requirement, a hearing relative to this action will be held in the Resources Building Auditorium, First Floor, 1416 Ninth Street, Sacramento, California, on February 7, 2018, at 8:00 a.m., or as soon thereafter as the matter may be heard. Additional information and all associated documents may be found on the Commission website at www.fgc.ca_gov. Please direct inquiries regarding the regulatory process to Sheri Tiemann at Sheri.Tiemannafgc.ca.gov or (916) 654-9872. Sonke Mastrup, Environmental Program Manager, Department of Fish and Wildlife, has been designated to respond to questions on the substance of the proposed regulations at Sonke.Mastrup(a�wildlife.ca.gov or (916) 799-0398. Sincerely, he I ieman ��CG�J'l/t'�/ Associate Governmental Program Analyst Attachment Regulatory Language KEY: Text originally proposed to be added is shown in underline format Text originally proposed to be deleted is shown in stdkene it_faero�t Text newly proposed to be added is shown in bold double-underline format Text newly proposed to be deleted is shown in Text originally proposed to be deleted and now proposed to be retained is shown in bold text Text originally proposed to be added and now proposed to be deleted is shown in OPTION ONE Section 29.15, Title 14, CCR is amended to read: § 29.15. Abalone. (a) Effective April , 2019a-Open Area: Except in the area described in subsection (a)(1) below, abalone may only be taken north of a line drawn due west magnetic from the center of the mouth of San Francisco Bay. No abalone may be taken, landed, or possessed if landed south of this line. (1) No Abalone may be taken in the Fort Ross area bounded by the mean high tide line and a line drawn due south true from 38030.63' N, 123014.98` W (the northern point of Fort Ross Cove) and a line drawn due west true from 380 29.45' N, 123011.72' W (Jewel Gulch, south boundary Fort Ross State Park). (b) Open Season and Hours: (1) Open Season: Abalone may be taken only during the months of April, May, June, August, September, October and November. (2) Open Hours: Abalone may be taken only from 8:00 AM to one-half hour after sunset. (c) Effective A �r�, 2019m Bag Limit and Yearly Trip Limit: Three red abalone, Haliotis rufescens, may be taken per day. No more than three abalone may be possessed at any time. No other species of abalone may be taken or possessed. Each person taking abalone shall stop detaching abalone when the limit of three is reached. No person shall take more than 18 abalone during a calendar year. In 1 the Open Area as defined in subsections 29.15(a) and 29.15(a)(1) above, not more than 9 abalone of the yearly trip limit may be taken south of the boundary between Sonoma and Mendocino Counties. (d) Minimum Abalone Size: All red abalone must be seven inches or greater measured along the longest shell diameter. All legal size abalone detached must be retained. No undersized abalone may be brought ashore or aboard any boat, placed in any type of receiver, kept on the person, or retained in any person's possession or under his control. Undersize abalone must be replaced immediately to the same surface of the rock from which detached. Abalones brought ashore shall be in such a condition that the size can be determined. (e) Special Gear Provisions: The use of SCUBA gear or surface supplied air to take abalone is prohibited. Abalone may not be taken or possessed aboard any boat, vessel, or floating device in the water containing SCUBA or surface supplied air. Abalone may be taken only by hand or by devices commonly known as abalone irons. Abalone irons must be less than 36 inches long, straight or with a curve having a radius of not less than 18 inches, and must not be less than 314 inch wide nor less than 1116 inch thick. All edges must be rounded and free of sharp edges. Knives, screwdrivers and sharp instruments are prohibited. (f) Measuring Device. Every person while taking abalone shall carry a fixed caliper measuring gauge capable of accurately measuring seven inches. The measuring device shall have fixed opposing arms of sufficient length to measure the abalone by placing the gauge over the shell. (g) Abalone Possession and Transportation: Abalones shall not be removed from their shell, except when being prepared for immediate consumption. (1) Individuals taking abalone shall maintain separate possession of their abalone. Abalone may not be commingled in a float tube, dive board, dive bag, or any other container or device, until properly tagged. Only after abalones are properly tagged, as described in Section 29.16(b), Title 14, CCR, may they be commingled with other abalone taken by another person. (h) Report Card Required: Any person fishing for or taking abalone shall have in their possession a nontransferable Abalone Report Card issued by the -department and shall adhere to all.reporting and tagging requirements for abalone defined in Sections 1.74 and 29.16, Title 14, CCR. Subsections 29.15(i) and 0), Title 14, CCR are added: (i) Effective Aprul 1, 2018: All ocean waters are closed to the take of abaLo-n-e. _...,.... . balone'maynot-be takemor.. ossessed:Thefotlowing-excentions-are-for aba,I.one mn possession pr_ior_to_April 1, 2018: 11Minimum Abalone Size: All red abalone must be seven inches or areater measured along the longest shell diameter. 2 11111 liqll IN 1 • • - • • . • 1 • . 1 • . • 1 ' 1 1 • ' 1 11 • - • • -I'll l ' 1 • i l 1 1 • - l • - • . - it • 11 ll ' ! • 1 11 • • 1 • - 1 • 1 • . a a r - - - - - - - - ml a _ ------------- a r a w A 4 a i 011 44 Pon -- - - - - - - - - - - - - - -• - - - - - - - - - - r _ _ I Kin Alannim-c in L-1 Mar Note: Authority cited: Sections 200, 2A2—, 205, 210, 240260, 265, 399, 5520 5521 and 7149.8, Fish and Game Code. Reference: Sections 200, 242 205, 22-0265, 275- 5= 5521, 7945 and 7149.8, Fish and Game Code. 4