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HomeMy WebLinkAboutF&G - Notice of Proposed Changes in Regulations - Filleting of Fish on Vessels AumMS I <A 1< NOV 2 I 20V: Commissioners STATE OF CALIFORNIA (A-NUE,CALIFORNIls,_Melissa Miller-Henson Eric Sklar,President Edmund G. Brown Jr., Governor ciing Executive Director Saint Helena P.O.Box 944209 Anthony C.Williams,Vice President Sacramento,CA 94244-2090 Huntington Beach Fish and Game Commission (916)653-4899 Jacque Hostler-Carmesin, Member fgc@fgc.ca.gov McKinleyville co if www.fgc.ca.gov ' Russell E. Burns, Member Napa Peter S. Silva, Member Jamul Wildlife Heritage and Conservation Since 1870 November 16, 2018 TO ALL INTERESTED AND AFFECTED PARTIES: This is to provide you with a copy of the notice of proposed regulatory action relative to subsection (b) of Section 27.65, Title 14, California Code of Regulations, relating to filleting of fish on vessels (California sheephead), published in the California Regulatory Notice Register on November 16, 2018 ' Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Additional information and associated documents may be found on the Fish and Game Commission website at http://www.fcic.ca.ciov/reg ulations/2018/index.aspx. Miranda Haggerty, Environmental Scientist, Department of Fish and Wildlife, has been designated to respond to questions on thesubstance of the proposed regulations. Ms. Haggerty can be reached by telephone at (562) 342-7162 or by email at Miranda.Haqqertv@wildlife.ca.qov. Sincerely, / / Sherrie Fonbuena Associate Governmental Program Analyst Attachment California Natural Resources Building 1416 Ninth Street, Room 1320, Sacramento,California 95814 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, 313, 5508 and 5509 of the Fish and Game Code and to implement, interpret or make specific sections 200, 205, 265, 313, 399, 5508 and 5509 of said Code, proposes to amend Section 27.65, Title 14, California Code of Regulations (CCR), relating to filleting of California sheephead on vessels. Informative Digest/Policy Statement Overview Section 27.65, Title 14, CCR, defines fillet; lists the fillet requirements for, and specifies those fish that may be filleted on a boat or brought ashore as fillets; and prohibits the filleting, steaking, or chunking of any species with a size limit unless a fillet size is otherwise specified. Section 28.26, Title 14, CCR, specifies the bag limit, size limit, open areas, seasons and depth constraints for the recreational take of California sheephead (Semicossyphus pulcher). The proposed regulatory change to subsection 27.65(b), Title 14, CCR, adds a 6.75-inch minimum fillet length, and requires that the entire skin remain intact, allowing legal-sized California sheephead to be filleted on board vessels while at sea and brought ashore as fillets. In addition, authority and reference citations are proposed to be amended in accordance with recent organizational changes to Fish and Game Code. Benefits of the Proposed Regulation: The proposed regulation is in response to the Sportfishing Association of California and the recreational angling community that have been requesting a fillet length regulation for California sheephead since 2001. As such, the regulation may increase angler satisfaction. Additionally, the proposed regulation may benefit the health and welfare of California residents through the increased consumption of nutritious California sheephead, and may benefit the environment through the return of California sheephead carcasses to the sea to be recycled back to the marine ecosystem. Consistency with Existing State Regulations: The proposed regulations are neither inconsistent nor incompatible with existing state regulations. Section 20, Article IV, of the State Constitution specifies that the Legislature may delegate to Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to regulate the recreational take of fish. The Commission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. The proposed regulation is consistent with existing state regulations as almost all finfishes with a recreational minimum size limit also have a corresponding fillet length. The Commission has searched the CCR and finds no other state agency regulations pertaining to the recreational take of California sheephead or to the filleting of fish on board vessels at sea. 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 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. 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 Sacramento, California, on Thursday, February 7, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard. The exact location of this meeting has not yet been determined. As soon as this information is available but not less than thirty days before the hearing, a continuation notice will be sent to interested and affected parties providing the exact location. The continuation notice will also be published in the California Regulatory Notice Register and published on the Commission's website. It is requested, but not required, that written comments be submitted on or before January 23, 2019, at the address given below, or by email to FGC(&foc.ca.dov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on January 31, 2019. All comments must be received no later than February 7, 2019, at the hearing in Sacramento, California If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244-2090. 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.fdc.ca.qov. 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, Melissa Miller-Henson, Acting Executive Director, Fish and Game Commission, 1416 Ninth Street, PO 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 Melissa Miller-Henson or Sherrie Fonbuena at the preceding address or phone number. Miranda Haggerty, Environmental Scientist, Department of Fish and Wildlife, (562) 342-7162 or Miranda.Haggertywildlife.ca.gov, 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 265 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, 11346.8 and 11347.1 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 proposed regulation will not increase net compliance costs or impact fishing effort and recreational fishing expenditures for recreational fishing related businesses. While not significant or statewide, commercial passenger fishing vessel (CPFV) businesses may choose to spend an estimated $60 - $110 per year on more plastic bags for the additional fillets and for the maintenance of fillet knives. This equates to $12,660 - $23,210 in costs for all CPFVs statewide. This will not affect the ability of California businesses to compete with businesses in other states because these small individual expenditures would increase customer satisfaction and be offset by fillet fee revenue. 2 (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, the creation of new business, the elimination of existing businesses or the expansion of businesses in California because the proposed regulation is not likely to increase or decrease recreational fishing opportunities within California. It is possible that the implementation of the proposed regulation may increase workload for deckhands aboard CPFVs as the number of fish that can be filleted in an angler's catch at the end of the day will increase. However, it is unlikely that the demand will increase so much that additional jobs will be necessary. The Commission anticipates benefits to the health and welfare of California residents through the consumption of more California sheephead, a nutritious food. The Commission does not anticipate any benefits to worker safety. The Commission anticipates some benefit to the state's environment through the return of California sheephead carcasses to the marine ecosystem after being filleted. (c) Cost Impacts on a Representative Private Person or Business: This regulatory action will allow for the option for individuals to choose to pay $2 - $3 per fillet, which may amount to as much as $10 - $15 per CPFV trip. Individual CPFV businesses may choose to spend an estimated $60 - $110 per year on more plastic bags for the additional fillets and for the maintenance of fillet knives. (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 Melissa Miller-Henson Dated: November 6, 2018 Acting Executive Director 3