HomeMy WebLinkAboutF&G Commission - Notice of Proposed Changes in Regulations-Central Valley Chinook Salmon Sport Fishing 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 BUTTE COUNTY (916)6534899
McKinleyville Fish and Game CommisslUINISTRATION fgc@fgo.ca.goV
Anthony C.Williams,Memberwww.fgc.ca.gov
Huntington Beach JAN 112018
Russell E.Burns,Member
Napa QROVILLF-CALIFORNIA
Peter S.Silva,Member
Jamul
Wildlife Heritage and Conservation
Since 7&70
January 8, 2018
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
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, which will be
published in the California Regulatory Notice Register on January 12, 2018.
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.hftp://www.fgc.ca.gov/re.gulations/2018/index.aspx.
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.Bloom@wildlife.ca.gov.
Sincerely
1�� r
i
Rick Pimentel
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: 200, 205, 265, 270, 315, 316.5, and 399 of the Fish and
Game Code and to implement, interpret or make specific sections 200, 205, 265, 270, 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 Regulations.
Informative Digest/Policy Digest/PolicyStatement Overview— Inland Fisheries
The current, 2017, sport fishing regulations prescribe seasons and daily bag and possession
limits 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 2018 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 2018 meeting and develop the final PFMC regulatory
recommendations for adoption by NMFS at its April 2018 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 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.
Benefits of the Regulations
The proposed regulation will provide benefits to the environment. 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. Other benefits
of the proposed regulations are concurrence with federal law, sustainable management of the
Central Valley Chinook Salmon resources, general health and welfare of California residents
and promotion of businesses that rely on Central Valley Chinook Salmon sport fishing.
Consistency and Compatibility with State Regulations
Article IV, Section 20 of the State Constitution specifies that the Legislature may delegate to
the 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 and Game Code, sections 200 and
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.
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, 1416 Ninth
Street, Sacramento, California, on Thursday, February 8, 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 teleconference originating in the Fish and Game
Commission conference room, 1416 Ninth Street, Suite 1320, Sacramento, California, on
Thursday, April 12, 2018, 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, 2018, at the address given below, or by email to FGC(a fgc.ca.elov. Written
comments mailed, or emailed to the Commission office, must be received before 12:00 noon
on April 6, 2018. All comments must be received no later than April 12, 2018, 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
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 our website at
http://www.fgc.ca.gov. 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 Rick Pimentel at the preceding address or phone number. 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.Bloom@wildIife.ca.gov.
Availability of Modified Text
If the regulations adopted by the Commission differ from but are sufficiently related to the
............................_....action proposed;they wilt fieaiiailable foffie pi"6lic for at-Ieast l5"days prior-to-Ihe 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
2
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 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. The proposed changes are necessary for the
continued preservation of the resource and, therefore, the prevention of adverse
economic impacts.
(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 significant 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. The minor variations in the
bag and possession limits as may be established in the regulations are, by
themselves, unlikely to impact business.
The Commission anticipates benefits to the health and welfare of California
residents. Providing opportunities for a Chinook Salmon sport fishery encourages
consumption of a nutritious food. The Commission anticipates benefits to the
environment by the sustainable management of California's Chinook Salmon
resources.
The Commission does not anticipate any non-monetary benefits to worker safety.
Other benefits of the proposed regulations are concurrence with federal law and
promotion of businesses that rely on Central Valley Chinook Salmon sport fishing.
3
(c) Cost Impacts on a Representative Private Person or Business:
The Commission 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(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: January 2, 2018 Executive Director
4