HomeMy WebLinkAboutF&G - Notice of Proposed Changes in Regs - Sport Fishing Annual Regulations for 2019 Commissioners STATE OF CALIFORNIA Valerie 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
Jacque Hostler-Carmesin,Member www.fgc.c....11xiSTRlii hi
McKinleyvilleP9' .Cod� SEP 13 2018
Russell E.Burns,Member . U
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Peter S.Silva,Member OROVILLE,CALIFORNIA
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Wildlife Heritage and Conservation
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September 12, 2018
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This is to provide you with a copy of the notice of proposed regulatory action relative to
amending Sections 1.53, 1.74 and 5.00, Title 14, California Code of Regulations,
relating to sport fishing annual regulations for 2019, which is published in the California
Regulatory Notice Register on September 14, 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.govlreciulations/ .
Kevin Shaffer, Chief, Fisheries Division, Department of Fish and Wildlife at (916)
327-8841, has been designated to respond to questions on the substance of the
proposed regulations.
Sincerely,
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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, 205, 265, 270, 275, 1050, 1053.1, 1055.1, 7380 and 8491
of the Fish and Game Code and to implement, interpret or make specific sections 110, 200,
205, 255, 265, 270, 275, 713, 1050, 1053.1, 1055.1, 7149.8, 7380, 7381 and 7382 of said
Code, proposes to Amend Sections 1.53, 1.74 and 5.00, Title 14, California Code of
Regulations, relating to Freshwater Sport Fishing Amendments and Sport Fishing Report Card
Requirements — Sport Fishing.
Informative Digest/Policy Statement Overview - Sections 1.53 & 5.00, Title 14, CCR
This California Department of Fish and Wildlife (Department) proposal combines Department
and public requests for changes to Title 14, California Code of Regulations (CCR), for the
Annual Sport Fishing Regulations review cycle. This proposal will clarify that inland waters do
not include bays, increase fishing opportunities for black bass in Perris Lake, and make needed
corrections to existing regulations. The proposed regulatory changes are needed to reduce
public confusion and improve regulatory enforcement.
Inland Waters Definition
The current definition of inland waters can be confusing to anglers who want to fish two rods in
a bay but are not sure if a second rod validation is required. A second-rod validation is only
required in inland waters. However, the current definition of Inland Waters (Title 14, Section
1.53) is not clear if inland waters include or exclude bays. The definition reads, "Inland waters
exclude the waters of San Francisco Bay and the waters of Elkhorn Slough..."The definition
only excludes San Francisco Bay. Title 14, Section 27.00, Definition of the Ocean and San
Francisco Bay District reads, "The ocean is...the waters of open or enclosed bays contiguous to
the ocean."This definition clearly states that all bays are considered waters of the ocean. To be
consistent and clear, the definition of inland waters should state that all bays are excluded, not
just San Francisco Bay. Amending the definition will clarify that inland waters do not include
bays and, therefore, a second rod validation is not required in a bay.
Lake Perris Largemouth Bass Size and Bag Limit
The current regulations were changed in 2009 to protect the fishery when the lake was drawn
down by 43% to repair the dam. DFW placed 1,484 brush habitat structures into the remnant
lake from 2008-2016 and built 109 rock reefs with approximately 109,000 square feet of
gravel/cobble rock areas. The dam repair has been completed and the water is restored to an
80% pool. DFW proposes to re-establish the bass regulations to the statewide standard of 5 fish
at 12 inches.
Updates 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, moving the Commission's effective date procedures
from Section 215 to Section 270 of the Fish and Game Code, moving the Commission's
effective period procedures from Section 220 to Section 275 of the Fish and Game Code, and
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moving the Commission's authority to adopt emergency regulations from Section 240 to Section
399 of the Fish and Game Code. In accordance with these changes to the Fish and Game
Code, sections 202, 215, and 220 are removed from, and sections 265, 270, and 275 are added
to, the authority and reference citations for this rulemaking.
Goals and Benefits of the above Proposed Regulations
It is the policy 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 policy 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 policy 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 trout and salmon seasons, size limits, and bag and
possession limits provide for the maintenance of sufficient populations of trout and salmon to
ensure their continued existence.
The benefits of the proposed regulations are concurrence with Federal law, sustainable
management of California's trout and salmon resources, and promotion of businesses that rely
on recreational sport fishing in California.
Informative Digest/Policy Statement - Section 1.74, Title 14, CCR
This proposal will update the sport fishing report card requirements and make needed
corrections to existing regulations. The proposed regulatory changes are needed to reduce
public confusion and improve regulatory enforcement.
Sport Fishing Report Card Requirements •
Section 1.74 establishes guidelines for report card regulations including reporting harvest
authorized by a report card; however, this section does not include a mechanism for
confirmation that data from a report card has been reported. This proposal requires report card
holders who submit data online to write the provided confirmation number on their report card
and retain the report card until 90 days after the reporting deadline.
When a report card is lost, a licensee may wish to obtain a replacement report card or may
simply need to fulfill the harvest reporting requirement before the reporting deadline. Section
1.74 does not currently provide guidelines for licensees who have lost their report card and
need to report their harvest, but do not need to obtain a replacement report card. This proposal
updates procedures regarding lost report cards to provide guidelines for obtaining a
replacement report card, and for reporting harvest from a lost report card without obtaining a
replacement report card.
Goals and Benefits of this Proposed Regulations
It is the policy 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 policy 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
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and influence of the State. The objectives of this policy 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 trout and salmon seasons, size limits, and bag and
possession limits provide for the maintenance of sufficient populations of trout and salmon to
ensure their continued existence.
The benefits of this proposed regulation are concurrence with Federal law, sustainable
management of California's trout and salmon resources, and promotion of businesses that rely
on recreational sport fishing in California.
Consistency and Compatibility with State Regulations
The Commission has reviewed its own regulations and finds that the proposed regulations are
neither inconsistent nor incompatible with existing State regulations. The Commission has
searched the California Code of Regulations and finds no other State agency regulations
pertaining to fresh and marine sport fisheries as well as the establishment of guidelines for
reporting harvest.
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 Radisson Fresno Conference Center, 1055
Van Ness Avenue, Fresno, California, on Thursday, October 18, 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 in QLN Conference Center, 1938 Avenida del Oro,
Oceanside, California, on Thursday, December 13, 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(cfgc.ca.gov. 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 13,
2018, at the hearing in Oceana, California. If you would like copies of any modifications to this
proposal, please include your name and mailing address.
It is requested, but not required, that written comments be submitted on or before 5:00 p.m. on
October 4, 2018, at the address given below, or by email to FGC(a7fgc.ca.gov. 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 October 12, 2018. All comments
must be received no later than October 17, 2018, at the hearing in Fresno, 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 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 Jon
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Snellstrom at the preceding address or phone number. Kevin Shaffer, Chief, Fisheries Division,
(916) 327-8841, has been designated to respond to questions on the substance of the proposed
sport fishing 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. 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 Department assessed the potential for significant statewide adverse economic impacts that
might result from the proposed regulatory action, and made the following initial determinations
relative to the required statutory categories:
(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 is not anticipated to 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 expected impact of the proposed regulations on the
amount of fishing activity is anticipated to be minimal relative to recreational angling effort
statewide.
(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 expected impact of the proposed regulations on the amount of fishing activity is
anticipated to be minimal relative to recreational angling effort statewide. Therefore, the
Commission does not anticipate any impacts on the creation or elimination of jobs, the creation
of new business, the elimination of existing business or the expansion of businesses in
California.
The Commission anticipates benefits to the health and welfare of California residents. Sport
fishing contributes to increased mental health of its practitioners as fishing is a hobby and form
of relaxation for many. Sport fishing also provides opportunities for multi-generational family
activities and promotes respect for California's environment by younger generations, the future
stewards of California's natural resources.
The Commission anticipates benefits to the environment by the sustainable management of
California's sport fishing resources.
(c) Cost Impacts on a Representative Private Person or Business:
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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 4, 2018 Executive Director
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