HomeMy WebLinkAboutF&G Commission - Notice of Proposed Changes in Regulations - Incidental Take Allowances for Crabs in Trap Fisheries BUTTE COUNTY
ADMINISTRATION
Commissioners STATE OF CALIFORNIA JUL 0 5 201 alerie'termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr.,Govern rOVELLE,CALEFORP.O.Box 944209
Saint Helena NIr1 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
July 6, 2018
This is to provide you with a copy of the notice of proposed regulatory action relative to
add Section 126.1 and amend subsection 125.1(c)(3) and Section 126, Title 14,
California Code of Regulations, relating to incidental take allowances for crabs, other
than the genus cancer, in trap fisheries, which is published in the California Regulatory
Notice Register on July 6, 2018.
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.f.qc.ca.gov/regulations/ .
Julia Coates, Environmental Scienist, Department of Fish and Wildlife at (805)
730-1328, has been designated to respond to questions on the substance of the
(: egulations.
Sincerely,
nellstrom
Associate Gover mental Program Analyst
Attachment
California Natural Resources Building
1416 Ninth Street,Room 1320,Sacramento,California 96814
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, 5508, 7090, 7857, 8026 and
8282 of the Fish and Game Code and to implement, interpret or make specific sections
1050, 1052, 5508, 7050, 7051, 7055, 7056, 7058, 7090, 7850, 7857, 7881, 8026, 8031,
8040, 8041, 8042, 8043, 8046, 8047, 8051, 8250.5, 8275, 8281, 8282, 8284, 8834,
9000,9001, 900119002, 9003, 9004, 9005, 9006, 9007, 9008 and 9011 of said Code,
proposes to Add Section 126.1 and Amend subsection 126.1(c)(3) and Section 126,
Title 14, California Code of Regulations, relating to Incidental Take Allowances for
Crabs, other than the Genus Cancer, in Trap Fisheries.
Informative Diaest/Policy Statement Overview
Under current law, commercial fishermen, with a Dungeness crab, rock crab or lobster
permit, may incidentally take unlimited amounts of crabs not of the genus Cancer(non-
Cancer crabs) when targeting Dungeness crab, rock crab, and lobster, with no limit on
amount. Laws that specifically allow the incidental take of crab include subdivision
8284(c), Fish and Game Code (FGC), and subsection 125.1(c), Title 14, California
Code of Regulations (CCR), which allow the take of non-Cancer crabs when targeting
rock crab. Similarly, non-Cancer crabs may be taken incidentally in the lobster
(subdivision 8250.5(b), FGC) and Dungeness crab (subdivision 8284(a), FGC) fisheries.
The FGC provides a general definition of bycatch (incidental take)that does not give
guidance on acceptable amounts (Section 90.5, FGC), but FGC and CCR sections on
specific species. and gear types do specify rules for retaining non-target species in some
cases.
The proposed changes would amend the existing Section 126, which currently applies
to the commercial take of Tanner crab. The title of 126 would be changed to
"Commercial Take of Crabs not in the Genus Cancer in Trap Gear." Tanner crab
(Chioneocetes spp.) are non-Cancer crabs, and existing regulations regarding'this
fishery would be shifted to new Section 126.1. The new Section 126 would provide a
definition of crabs of the genus Cancer and institute limits to allowable incidental take of
non-Cancer crabs when participating in other target invertebrate trap fisheries. Species
in the family Lithodidae (box and king crabs)would be subject to a 25-pound
possession and landing limit, while the sheep (spider) crab would be subject to a total
allowable catch of 95,000 pounds. When possessing or landing species in the
Lithodidae family, an equal or greater amount of the target species (rock crab, lobster,
or Dungeness crab) must also be possessed or landed. Additionally, a requirement to
bring non-Cancer crab, in the whole, ashore to be recorded on a landing receipt would
be added.
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The proposed regulatory change would amend subsection 125.1(c)(3), which details
allowances for incidental take of other species when targeting rock crab. The incidental
allowances would remain unchanged except for reference to the new subsection 126(b)
specifying a limit on non-Cancer crabs.
Benefits of the,regulations
The proposed regulation will benefit the environment in the sustainable management of
non-Cancer crab species by prohibiting the overexploitation of several non-Cancer crab
species before adequate management measures could be developed for dedicated
targeted fisheries. The proposed regulation will also allow for development of an
experimental gear permit program for box and king crab designed to conduct research
on species biology and potential appropriate management measures.
Consistency and Compatibility with State Regulations
The proposed regulations are neither inconsistent nor incompatible with existing State
regulations. Statutes and regulations'specifically allow the incidental take of crab other
than the genus Cancer in commercial fisheries for rock crab (subdivision 8284(c), FGC,
and subsection 125.1(c), Title 14, CCR), spiny lobster (subdivision 8250.5(b),FGC), and
Dungeness crab (subdivision 8284(a), FGC). The Legislature has delegated authority
to the Commission to regulate fisheries that the Director of the California Department of
Fish and Wildlife determines are emerging fisheries (Fish and Game Code, Section
7090) as well as the power to regulate the commercial spiny lobster and rock crab trap
fisheries (Fish and Game Code Section 8254 and 8282).
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 Wednesday, October 17, 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 October 4, 2018, at the address
given below, or by email to FGCQfgc.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
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 Jon Snellstrom at the preceding
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address or phone number. Julia Coates, Environmental Scientist, (805) 730-1328, has
been designated to respond to questions on the substance of the proposed.Specifying
Incidental Take Allowances for Crabs other than the Genus Cancer 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.fqc.ca._qo
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.
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 business, including the ability of California businesses to compete
with businesses in other states because the regulatory action will not increase
compliance costs and will not substantially affect incidental take 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 significant impacts on the creation or elimination
of jobs within the state, or the creation of new businesses or the elimination of existing
businesses or the expansion of businesses because the proposed action will not
significantly increase or reduce incidental take quantities for non-Cancer crab.
The Commission anticipates benefits to the environment in the sustainable
management of non-Cancer crab species.
The Commission does not anticipate any benefits to the health and welfare of
California residents, or to worker safety.
(c) Cost Impacts on a Representative Private Person or Business:
The proposed regulations may have adverse cost impacts to king and box crab
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harvest revenue for a few fishermen who have historically landed more than the
proposed 25-pound limit. The following summarizes the total statewide costs and
benefits from this regulation and each alternative considered.
Regulation cost of$71,077: These are potential cost impacts on individuals or
businesses; these are minimal impacts to king and box crab harvest revenue (landed
ex'vessel value) for a few fishermen who have historically harvested more than the
proposed 25-pound limit.
Alternative 1 cost of$107,445: These are potential cost impacts on individuals or
businesses; these are minimal impacts to king, box and sheep crab harvest revenue
(landed ex-vessel value) for a few fishermen who have historically harvested more
than the alternate 100-pound limit for all non-cancer crab species.
(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 11345.2(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: Executive Director
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