HomeMy WebLinkAboutF&G - Notice of Proposed Changes in Regs - Rec Comm. Fishing Regs for Fed Groundfish & Species BUTTE COUNTY
ADMINISTRATION
SEP . 2018
Commissioners STATE OF CALIFORNIA OI OVILLE,GALIFOR}�Brie Termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr., Governor P.O.Box 944209
Saint Helena Sacramento,CA 94244-2090
Anthony C.Williams,Vice President (916)653-4899
Huntington Beach Fish and Game Commission fgc@fgc.ca.gov
Jacque Hostler-Carmesin,Member www.fgc.ca.gov
McKinleyville
Russell E.Burns,Member
Napa
Peter S.Silva,Member
Jamul
Wildlife Heritage and Conservation
Since 1870
September 19, 2018
This is to provide you with a copy of the notice of proposed regulatory action relative to
amending Sections 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10 and 150.16,
Title 14, California Code of Regulations, relating to recreational and commercial fishing
regulations for federal groundfish and associated species for consistency with federal
rules for 2019 and 2020, which is published in the California Regulatory Notice Register
on September 21, 2018.
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/requlations/ .
Laura Ryley, Environmental Scientist, Department of Fish and Wildlife, has been
designated to respond to questions on the substance of the proposed
regulations. Ms. Ryley can be reached at (831) 649-7142 or by email at
Laura.Ryley@wildlife.ca.gov.
Sincerely,
)1/1,64c-
Sheri
Tiemann
Associate Governmental Program Analyst
Attachment
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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, 205, 265, 275, 702, 7071 and 8587.1 of the Fish and Game Code
and to implement, interpret or make specific sections 200, 205, 240, 265, 275, 1802, 7071 and
8585.5 of said Code and Title 50, Code of Federal Regulations, Part 660, Subpart G, proposes to
amend 27.30, 27.35, 27.40, 27.45, 27.50, 28.27, 28.55, 52.10 and 150.16, Title 14, California Code of
Regulations, relating to Recreational and Commercial Fishing Regulations for Federal Groundfish and
Associated Species for Consistency with Federal Rules for 2019 and 2020.
Informative Digest/Policy Statement Overview
Biennially, the Pacific Fishery Management Council (PFMC) reviews the status of west coast
groundfish populations. As part of that process, it recommends groundfish fisheries harvest limits and
regulations aimed at meeting biological and fishery allocation goals specified in law or established in
the Pacific Coast Groundfish Fishery Management Plan (FGFMP).
These recommendations coordinate west coast management of recreational and commercial
groundfish fisheries in the Exclusive Economic Zone (EEZ) (three to 200 miles offshore) off
Washington, Oregon and California. These recommendations are subsequently implemented as
federal fishing regulations by the National Oceanic and Atmospheric Administration National Marine
Fisheries Service NOAA Fisheries.
Regulatory authority for most nearshore stocks is shared jointly between State and federal
governments. For consistency, the California Fish and Game Commission (Commission) routinely
adopts regulations to bring State law into conformance with federal law for groundfish and other
federally-managed species. Nearshore stocks are managed based on both PFMC-established federal
annual catch limits (ACL), and Commission-established total allowable catch (TAC) values. ACLs and
TACs serve the same purpose of setting a limit on catch.
Current regulations establish recreational season lengths, depth constraints, methods of take, and
size, bag and possession limits within the five groundfish management areas for all federal groundfish
and associated species.
Current State regulations also provide for a statewide TAC for cabezon and greenlings of the genus
Hexagrammos along with allocation of these TACs between the recreational and commercial fishery
sectors, and commercial trip limits for cabezon and greenling. Until recently, TACs specified in Title
14 have been lower than the ACLs established in federal regulations. Starting in 2019, the federal
ACL for cabezon will be lower than the State TAC.
Modest increases to trip limits can be accommodated under federal ACLs since commercial cabezon
and greenling landings have fallen below ACLs in recent years.
Summary of Proposed Amendments
The Department of Fish and Wildlife (Department) is proposing the following regulatory changes to be
consistent with PFMC recommendations for federal groundfish regulations in 2019 and 2020. This
approach will allow the Commission to adopt State recreational groundfish regulations to timely
conform to those taking effect in federal ocean waters in January 2019.
The proposed regulatory changes will implement the following changes:
1. Increase the allowable depth for the recreational groundfish fishery from 60 to 75 fathoms in
the Southern Management Area and from 20 to 40 fathoms in the Cowcod Conservation Area;
2. Increase the recreational season length for groundfish in the San Francisco Management
Area by two weeks;
3. Increase the recreational season length for California scorpionfish by removing the September
1 to December 31 closure in the Mendocino, San Francisco, Central and Southern
Management Areas;
4. Increase the recreational bag limit for canary rockfish from one to two fish statewide;
5. Decrease the recreational bag limit for lingcod from two to one fish in Mendocino, San
Francisco, Central, and Southern Management Areas;
6. Replace language referencing numerical values for cabezon and greenling total allowable
catch limits with references to federal annual catch limits in federal regulation;
7. Eliminate language referencing allocation limits for cabezon and greenling from Section 52.10;
and
8. Increase commercial trip limits to 500 pounds for cabezon and 250 pounds for greenling.
The benefits of the proposed regulations are consistency with federal law, sustainable management
of groundfish resources and promotion of businesses that rely on recreational and commercial
groundfish fishing.
The proposed regulations are neither inconsistent nor incompatible with existing State regulations.
The Legislature has delegated authority to the Commission to adopt fishing regulations (Fish and
Game Code, sections 200, 205 and 265). The proposed regulations are consistent with regulations
for fishing in marine protected areas (Section 632, Title 14, CCR), with Nearshore Fishery
Management Plan regulations (Sections 52.00 through 52.10, Title 14, CCR) and with general 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
take of groundfish.
Update to Authority and Reference Citations Based on Recent Legislation
Senate Bill 1473 (Stats. 2016, Ch. 546) made organizational changes to the Fish and Game Code
that became effective January 1, 2017. The changes included moving the Commission's exemptions
from specified Administrative Procedure Act time frames from Section 202 to Section 265 of the Fish
and Game Code, and moving the Commission's effective period procedures from Section 220 to
Section 275 of the Fish and Game Code. n accordance with these changes to the Fish and Game
Code, sections 202 and 220 are removed from, and sections 265 and 275 are added to, the authority
and reference citations for this rulemaking.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to
this action at a hearing to be held at the Radisson Fresno Conference Center,1055 Van Ness
Avenue, Fresno, California, on Wednesday, October 17, 2018, 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 held at the QLN Conference Center, 1938 Avenida del Oro,
Oceanside, California, on Wednesday, December 12, 2018, at 8:00 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 November 29, 2018, at the address given below, or by email to FGC(rx?fgc.ca.gov.
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Written comments mailed (to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244-
2090), or emailed to the Commission office, must be received before 12:00 noon on December 7,
2018. All comments must be received no later than December 12, 2018, at the hearing in Oceanside,
California. 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 Sheri Tiemann at the preceding address or phone number. Laura Ryley,
Environmental Scientist, Department of Fish and Wildlife, has been designated to respond to
questions on the substance of the proposed regulations. Ms. Ryley can be reached at (831) 649-7142
or by email at Laura.Ryley@wildlife.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. 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. The Department anticipates increased opportunities for the recreational and
commercial groundfish fishery in 2019-2020 compared to 2018.
(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 significant impacts on the creation or elimination of
jobs, the creation of new business, the elimination of existing businesses or the expansion of
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businesses in California. The Department anticipates increased opportunities for the
recreational and commercial groundfish fishery in 2019-2020 compared to 2018.
The Commission anticipates benefits to the health and welfare of California residents.
Participation in sport fisheries opportunities fosters conservation through education and
appreciation of California's wildlife.
The Commission does not anticipate any benefits to worker safety.
The Commission anticipates benefits to the environment by the sustainable management of
California's sport and commercial fishing resources.
(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: September 21, 2018 Executive Director
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