HomeMy WebLinkAboutF&G - Title 14. Notice of Proposed Changes in Regulations Commissioners STATE OF CALIFORNIA Valerie Termini,Executive Director
Eric Sklar,President Edmund G. Brown Jr.,Governor 1416 Ninth Street, Room 1YR-M COUNTY
Saint Helena Sacramento,CA 9581 ADMINISTRATION
Jacque Hostler-Carmesin,Vice President (916)653-4899
McKinleyville Fish and Game Commission www•fgc.ca.gov JAN 2 0 2017
Anthony C.Williams,Member
Huntington Beach
Russell Burns,Member OROVILLE,CALIFORNIA
Napa it,'3s
Peter Silva,Member
Chula Vista
Wildlife Heritage and Conservation
Since 1870
January 18, 2017
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)(5) of Section 7.50, Title 14, California Code of Regulations, relating to
Central Valley salmon sport fishing, which will be published in the California Regulatory
Notice Register on January 20, 2017.
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.fqc.ca.qov/regulations/2017/index.asp .
Roger Bloom, Environmental Program Manager, Department of Fish and Wildlife,
has been designated to respond to questions on the substance of the proposed
regulations. Mr. Bloom can be reached at (916) 445-3777 or
Roger.Bioom@wiIdlife.ca.gov.
Sincerely,
Melissa Miller-Henson
Staff Services Manager
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, 202, 205, 215, 220, 240, 315, and 316.5 of the Fish and
Game Code and to implement, interpret or make specific Sections 200, 202, 205, 206, 215,
and 316.5 of said Code, proposes to amend subsections (b)(5), (b)(68), and (b)(156.5) of
Section 7.50, Title 14, California Code of Regulations, relating to Central Valley Chinook
Salmon Sport Fishing.
Informative DigestlPolicy Statement Overview— Inland Fisheries
The current, 2016, sport fishing regulations allow for Chinook Salmon fishing in the American,
Feather and Sacramento rivers. The Department of Fish and Wildlife (Department) is
recommending new Chinook Salmon bag and possession limits in the American, Feather, and
Sacramento rivers for the 2017 season.
The Pacific Fishery Management Council (PFMC) is responsible for adopting
recommendations for the management of recreational and commercial ocean salmon fisheries
in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington,
Oregon, and California. When approved by the Secretary of Commerce, these
recommendations are implemented as ocean salmon fishing regulations by the National
Marine Fisheries Service (NMFS).
The PFMC will develop the annual Pacific coast ocean salmon fisheries regulatory options for
public review at its March 2017 meeting and develop the final PFMC regulatory
recommendations for adoption by NMFS at its April 2017 meeting.
Based on the action taken by NMFS and the recommendation of the Department, the
Commission will adopt bag and possession limits for the American, Feather, and Sacramento
rivers which may:
(1) allow for additional harvest of Chinook Salmon if low instream flow conditions persist
due to the existing drought to reduce impacts to spawning habitat;
(2) increase or decrease the current Chinook Salmon bag and possession limits based on
the PFMC salmon abundance estimates and recommendations for ocean harvest for
the coming season; and
(3) establish special closure area for winter-run Chinook Salmon protection on the
Sacramento River between Keswick Dam and Highway 44 bridge from April 1 to July
31.
Benefits of the regulations
As set forth in Fish and Game Code section 1700 it is "the policy of the state to encourage the
conservation, maintenance, and utilization of the living resources of the ocean and other
waters under the jurisdiction and influence of the state for the benefit of all the citizens of the
state and to promote the development of local fisheries and distant-water fisheries based in
California in harmony with international law respecting fishing and the conservation of the living
resources of the oceans and other waters under the jurisdiction and influence of the state.
Adoption of scientifically-based Central Valley Chinook Salmon bag and possession limits
provides for the maintenance of sufficient populations of Chinook Salmon to ensure their
continued existence. The benefits of the proposed regulations are in concurrence with Federal
law, sustainable management of the Central Valley Chinook Salmon resources, and promotion
of businesses that rely on Central Valley Chinook Salmon sport fishing.
Consistency with State and Federal Regulations
Article IV, section 20 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 recreational fishing in waters of the state (Fish & Game Code, §§ 200, 202,
205). 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 recreational fishing seasons, bag and possession limits. Further, the
Commission has determined that the proposed regulations are neither incompatible nor
inconsistent with existing federal regulations.
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 DoubleTree by Hilton Hotel Sonoma, One
Doubletree Drive, Rhonert Park, California, on Thursday, February 8, 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 teleconference originating in the Fish and
Game Commission conference room, 1416 Ninth Street, Suite 1320, Sacramento, California,
on Thursday, April 13, 2017, at 8:30 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
March 29, 2017 at the address given below, or by email to FGC(a)fgc.ca.gov. Written
comments mailed, or emailed to the Commission office, must be received before 12:00 noon
on April 7, 2017. All comments must be received no later than April 13, 2017, at the
teleconference 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) 6534899.
Please direct requests for the above mentioned documents and inquiries concerning the
regulatory process to Valerie Termini or Melissa Miller-Henson at the preceding address or
phone number. Roger Bloom, Environmental Program Manager, Department of Fish and
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Wildlife, has been designated to respond to questions on the substance of the
proposed regulations. Mr. Bloom can be reached at (916) 445-3777 or
Roger.Bloom@.wildlife.ca.-clov. 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. 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 202 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 and 11346.8 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 Businesses,
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 businesses, including the ability of California businesses to
compete with businesses in other states. The Department anticipates status quo
fishing levels for April 2017 as compared to the April 2016 ocean salmon sport
fishing season.
(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 that the proposed regulations will have any
impact on the creation or elimination of jobs, the creation or elimination of
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businesses or the expansion of businesses in California because no changes in
fishing activity levels are expected .
The Commission anticipates benefits to the health and welfare of California
residents. Salmon sport fishing contributes to increased mental health of its
practitioners, provides opportunities for multi-generational family activities and
promotes respect for California's environment by the future stewards of California's
natural resources.
The Commission anticipates benefits to the State's environment in the sustainable
management of salmon resources.
Additional benefits of the proposed regulations are concurrence with federal law, and
promotion of businesses that rely on recreational ocean salmon fishing.
The Commission does not anticipate benefits to worker safety.
(c) Cost Impacts on a Representative Private Person or Business:
The agency 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(x)(1).
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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: January 4, 2017 Executive Director
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