HomeMy WebLinkAboutF&G - Notice of Proposed Changes in Regulations - Nearshore Fishery Permit, Nearshore Fishery Permit Gear Endorsements, and Deeper Nearshore Species Fishery Permit Transferability 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 www.fgc.ca.gov
Anthony C.Williams,Member
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Huntington Beach DIMI' COl.fi 10
Russell E.Burns,Member A1JM1�f[S'fRr11'[0�
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Peter S.Silva,Member 1
El Cajon
01:0VI'.11.CALIF01h!lA
Wildlife Heritage and Conservation
Since 1870
August 1, 2017
This is to provide you with a copy of the notice of proposed regulatory action relative to
amending subsections.(b), (e), (g), (m), and (n) of Section 150; subsections (d) and 0)
of Section 150.02; subsections (c), (d) and (h) of Section 150.03; and subsection (b) of
Section 705, Title 14, California Code of Regulations, regarding Nearshore Fishery
Permit, Nearshore Fishery Permit Gear Endorsements, and Deeper Nearshore Species
Fishery Permit Transferability which will be published in the California Regulatory Notice
Register on August 4, 2017.
Please note the date of the public hearing 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/regulations/2017/index.aspx.
Traci Larinto, Senior Environmental Specialist, Marine Region, Department of
Fish and Wildlife, has been designated to respond to questions on the substance
of the proposed regulations. Ms. Larinto can be reached at (562) 355-7061 or
Traci.Larinto@wildIife.ca.gov.
Sincerely,
heri Treem"ann
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 713, 1050, 7071 and 8587.1 of the Fish
and Game Code and to implement, interpret or make specific Sections 713, 1050,
7071, 7852.2, 7857, 7858, 8046, 8585.5, 8587.1, 8589.5, 8589.7,' 9001 and 9001.5 of
said Code, relatirig to Nearshore Fishery Permit, Nearshore Fishery Permit Gear
Endorsements, and Deeper Nearshore Species Fishery Permit Transferability.
Informative Digest/Policy Statement Overview
Under current regulations (Section 150), only persons with a Nearshore Fishery
Permit are allowed to take nearshore species (cabezon; California scorpionfish;
California sheephead; kelp and rock greenlings; and, black-and-yellow, China,
gopher, grass and kelp rockfishes). Transfer of Nearshore Fishery Permits is allowed
on a two-for-one basis with the new permittee purchasing two permits, agreeing to
retire one permit and fish using the other. The number of permits has declined 35
percent in the past 13 years and'it's become very difficult to find two permits for sale
inthe same regional management area. The proposed regulations would change
permit transfers to one-for-one making it easier for new permittees to get into the.
fishery as well as current permittees to retire. Additionally, the proposed regulations
would standardizethe transfer paperwork by changing from notarized letters from
permit holders to a notarized application provided by the Department. The following is
a summary of the changes proposed for Sections 150:
•. Clarify that Nearshore Fishery Permit holders can only have one permit,.
regardless of the management area, at any time (Subsection.1 50(b))
• Add a requirement that the estate of a non-transferable Nearshore Fishery
Permit shall immediately surrender the permit to.the Department (Subsection
150(e)(5))
• Revise permit transfers (Subsection 150(g)(.1-7)):
■ Allow far permit transfers on a one-for-one basis,
■ Change the paperwork from notarized letters to a notarized application,
Allow the estate of a deceased permittee two years to transfer the permit,
■ Require that the estate temporarily relinquish-the permit until the transfer
can be made, and
+ Delay the transfer pending resolution of any criminal, civil and/or administrative
action involving the current permittee.
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• Change the process for appealing denial of a transfer from a two-step process
to a one-step process (Subsection 150(m)(3)) whereby the person denied a
transfer.can appeal directly to the Commission within 60 calendar days of the
Department's denial.
Under current regulations (Section 150.02), only persons who-held a valid Deeper
Nearshore Species Fishery Permit (for the take of black, blue, brown, calico, copper,
olive, quillback and treefish rockfishes) during the immediately preceding permit year
are eligible to obtain a permit for the following permit year. This has resulted in a
permit moratorium that prohibits any new entrants into the fishery. The proposed
regulation would allow new individuals to enter the fishery by obtaining a permit from
an existing permit holder. Additionally, the proposed regulations would require
completion of a notarized transfer application. The following is a summary of the
changes proposed for Section 150.02:
• Establish permit transfer provisions (Subsection 1.50.020)):
Establish that all Deeper Nearshore Species Fishery Permits are transferable,
■ Establish a notarized application for the permit transfer,
■ Allow the estate of a deceased permittee two years to transfer the permit,
Require that the estate temporarily relinquish the permit until the transfer can
be made, and
• Delay the transfer pending resolution of any criminal, civil and/or administrative
action involving the current permittee.
• Establish a permit transfer fee as specified in Section 705 (Subsection
150.03(d))
Current regulations (Section 150.03) allow persons with a Nearshore Fishery Permit
to use trap gear with a Nearshore Fishery Gear Endorsement, which is transferable
on a one-for-one basis. The proposed regulations would change the permit transfer
requirement from notarized letters from the permit holder to a notarized application
provided by the Department. The following is a summary of the changes proposed for
Sections 150.0:
• Move the subsection 150.03(c)(5) requirement that a non-transferable
Nearshore Fishery Gear Endorsement become null and void upon the death
of the individual to holds the permit and propose to add that the estate of a
non-transferable Nearshore Fishery Gear Endorsement holder shall
immediately surrender the permit to the Department to Subsection
150.03(d)(6)
• Revise permit transfers (Subsection 150.03(d)) to:
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• Change the paperwork from notarized letters to a,notarized application,
• Allow the estate of a deceased permittee two years to transfer the gear
endorsement,
• Require that the estate temporarily relinquish the gear endorsement until the
transfer can be made, and
• Delay the transfer pending resolution of any criminal, civil and/or administrative
action involving the current permittee.
• Change the process for appealing denial of a transfer'from a two-stepprocess
to a one-step process (Subsection 150.03(h)(3)) whereby the person denied a
transfer can appeal directly-to the Commission within 60 calendar days of the-
Department's denial
Current regulations (Section 705) establish a Nearshore Fishery Permit Transfer Fee
of $500. The proposed regulations would increase the permit transfer fee to a range
of $1,000 to $2,500 and also establish a transfer fee-in the range of'$1,000 to $2,500
for the Deeper Nearshore Species Fishery Permit. The proposed regulations would
also include reference to the proposed Nearshore Fishery Permit and Nearshore
Fishery,Trap Endorsement Transfer Application (DFW 1045) and the proposed
Deeper Nearshore Species Fishery Permit Transfer Application (DFW 1048).
Additional minor changes are proposed to correct grammatical errors and remove
section references to Title 14, CCR, to improve clarity and standardize regulatory
format.
BENEFITS OF THE PROPOSED REGULATIONS
The proposed regulatory action.will benefit fishermen, processors, and the State's
economy by maintaining a healthy sustainable fishery, and ensuring future
harvestable nearshore populations.
CONSISTENCY-WITH 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 the Fish and Game 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 commercial
take of nearshore species (Section 8587.1, Fish and Game Code), 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 the commercial take of nearshore fish stocks.
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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 Resources Building
Auditorium, First Floor, 1416 Ninth Street, Sacramento, California, on Thursday,
August 16, 2017 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 the SpringHill Suites by
Marriott, 900 EI Camino Real, Atascadero, California, on Thursday, October 12,
2017, 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
September 28, 2017 at the address given below, or by email to FGCCa)fgc.ca.gov.
Written comments mailed, or emailed to the Commission office, must be received
before 12:00 noon on October 6, 2017. All comments must be received no later than
October 12, 2017, at the hearing. If you would like copies of any modifications to this
proposal, please include your name and mailing address.
Availability of Documents
The Initial Statement of Reasons, text of 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. Traci Larinto,
Senior Environmental Specialist, Marine Region, Department of Fish and
Wildlife, has been designated to respond to questions on the substance of the
proposed regulations. Ms. Larinto can be reached at (662) 355-7061 or
Traci.Larinto@wildlife.ca.gov. 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.goy.
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 [east 15 days prior to
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
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determinations relative to the required statutory categories have been made:
Significant Statewide Adverse Economic Impact Directly Affecting Businesses,
Including the Ability of California Businesses to Compete with Businesses in Other
States:
(a) 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 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 changes are
.not expected to reduce the number of fishermen active in the fishery, nor the
number of trips or harvest quantities.
(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
changes are not expedted to reduce the number of fishermen active in the
fishery, nor the number of trips or harvest quantities.
The proposed regulatory.action will:benefit fishermen,, processors, and the
State's economy by maintaining a healthy sustainable fishery, and ensuring
future harvestable nearshore populations.
The Commission does not anticipate any benefits to the health and welfare of
California residents, worker safety, or the environment.
(c) Cost Impacts on a Representative Private Person or Business:
The Commission anticipates cost impacts ranging from $1,000 to $2,500 per
permit transfer 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:
The Department anticipates revenue in the range of$4,200 - $63,000 annually
to recover the costs of administering one to fifteen for each nearshore and
deeper nearshore permit transfers per year. The proposed action is not
anticipated to affect any other State Agency or Federal Funding to the State.
(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:July 18, 2017 Executive Director
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