HomeMy WebLinkAboutF&G Commission - Notice of Proposed Changes in Regulations Regarding Commerical Take of Sea Urchin 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 BUTT C01V!\'f y
McKinleyvilleCommission IS and www.f www.fgc.ca.gov
ADJ\Jf NlS"fRATION
Anthony C.Williams,Member
Huntington Beach SEP 1 12017
Russell E.Burns,Member
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Peter S.Silva,Member
EI Cajon
Wildlife Heritage and Conservation
Since 1870
September 6, 2017
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
amending Section 120.7, Title 14, California Code of Regulations, regarding commercial
take of sea urchin which will be published in the California Regulatory Notice Register
on September 8, 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.fqc.ca.govlrecWulations120171index.aspx.
Anthony Shlao, Environmental Specialist, Marine Region, has been designated to
respond to questions on the substance of the proposed regulations. Mr. Shiao
can be reached at (805) 560-6056 or Anthony.Shlao@wildlife.ca.gov.
Sincerely,
n ie
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, 9054 and 9055, of the Fish
and Game Code and to implement, interpret or make specific Sections 713, 1050,
7850, 7852.2, 7857, 9054, and 9055, of said Code, Taking of Sea Urchin for
Commercial Purposes, and Commercial Fishing Applications, Permits, Tags and Fees
Informative Digest/Policy Statement Overview
Currently, subsection 120.7(d), Title 14 of the California Code of Regulations (CCR)
sets the total number of sea urchin diving permits at 300. Subsection 120.7(e) further
prescribes a random drawing system for distributing new permits as they become
available. Under the current system, applicants who have held a sea urchin
crewmember permit for more than two years would have his/her name entered into
the draw one additional time for each additional year he/she has held such permit.
However, this advantage is very small in practice due to a maximum cap of five times
that a name may be entered into a draw.
Currently Section 750(c)(4) requires no fee for the random drawing application.
SUMMARY OF THE PROPOSED AMENDMENTS
The proposed amendments to subsection (d) would decrease the sea urchin fishery's
capacity goal to 150 permittees. This capacity goal will be achieved by issuing one
new permit only once 11 permits have been retired. This ratio was chosen to simplify
the calculation in which new permits would be issued, taking in account the new
permit that is added to the fishery.
The lottery system proposed in subsection (e) and (f) will ensure that the most
qualified applicants would enjoy a realistic advantage over less-qualified
applicants. Under the new system, most of the new permits would be given to
applicants with the most experience in the fishery as crewmembers. The remaining
percentage of the new permits would be distributed under a drawing system where
every remaining applicant stands the same chance.
The proposed amendment to Section 750(c)(4) would remove reference to the
current drawing application form and add a minor administrative fee of $4.38 for
future applications to enter the drawing.
Other amendments to Section 120.7 include:
• Add one extra fishing day per week in the months of .June to October in Southern
California.
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• Clarify the requirements for authorization of an assistant for a sea urchin diver
permittee.
• Remove language that no longer has any effect and clarify other regulatory text.
BENEFITS OF THE PROPOSED REGULATIONS
The proposed amendments would significantly decrease the latent fishing capacity
within the current sea urchin fishery due to a large number of unused permits. The
changes would also strike a better balance for the future succession of the fishery by
ensuring that the most qualified candidates would receive sea urchin diving permits in
due course. At the same time, those who may not be as qualified but nonetheless are
still willing and able would stili have a chance of receiving one of these permits.
The additional dive days during the summer and fall months would allow divers to
dive on days with the safest weather condition. The additional days would also
help the industry meet the demand of Saturday dock markets and weekend
demand. The added harvesting pressure is anticipated to be minimal, but the
quality will be greatly enhanced to the consuming public.
CONSISTENCY WITH STATE REGULATIONS
The proposed regulations are neither inconsistent nor incompatible with existing
State regulations. Commission staff has searched the California Code of Regulations
and statutes and has found no other State regulations related to commercial take of
sea urchins and no other State agency with authority to promulgate regulations
concerning commercial take of sea urchins.
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 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.
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 Handlery Hotel, 950
Hotel Circle North, San Diego, California, on Thursday, December 7, 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
November 22, 2017 at the address given below, or by email to FGC(a)fgc.cagov.
Written comments mailed, or emailed to the Commission office, must be received
before 12:00 noon on December 1, 2017. All comments must be received no later
than December 7, 2017, at the hearing. If you would like copies of any modifications
to this proposal, please include your name and mailing address.
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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. Anthony
Shiao, Environmental Specialist, Marine Region, Department of Fish and
Wildlife, has been designated to respond to questions on the substance of the
proposed regulations. Mr. Shiao can be reached at (805) 560-6056 or
Anthony.Shiao@wildlife.ca.gov. Copies of the Notice of Proposed Action, the Initial
Statement of Reasons, and the text of the regulation i'ft 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
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
determinations relative to the required statutory categories have been made:
Significant Statewide Adverse Economic Impact Directly Affecting Businesses,
Including the Ability of California Businesses toICompete 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 action will not increase costs or reduce harvest
quotas. The gradual reduction in the number of permits issued to 150
will accommodate the 125 average number of active urchin divers.
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Over time, a reduction in permits issued should align the number of
divers with the size of the harvesting grounds, increase the average
catch per unit of effort and ensure the long-run sustainability of the
fishery.
The addition of one more day per week of fishing during the months of
June through October is anticipated to enable sea urchin divers more
flexibility to harvest and bring fresh product to market at peak demand.
This change should assist California sea urchin businesses in
remaining competitive.
(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:
No impacts on the creation or elimination of jobs within the state, the creation
of new businesses or the elimination of existing businesses are anticipated
because the proposed action will not increase costs or reduce harvest quotas.
(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:
The Department may experience a reduction in permit sales revenue with the
gradual decline in the number of permits issued from the currrent 300 to 150
over time. Permits are $461 per diver annually. If some of the sea urchin
diving permittees choose not to renew at a rate of five percent each year, and
an estimated 80 applicants enter the annual draw for a new permit, the
Department could have revenue losses of about $6,575 in the current year and
an estimated $6,229 - $5,901 in the next two fiscal years.
Table 2. Estimated Revenue Impact to the State
Inactive Permits 10% Permits Department Fee
Fiscal Year Retained Retired Revenue Loss
2015/19 150 15 $ 6,915
2019/20 135 14 $ 6,224
2020/21 122 121 5,601
No change to federal funding to the State is anticipated.
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(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:August 29, 2017 Executive Director
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