HomeMy WebLinkAboutF&G Notice - Commercial Sea Urchin Fishery Commissioners STATE OF GAILIFORNNA Mika Yaun,Acting Executive Director
Eric Sklar,president Edmund G.Brown Jr.,Governor 1415 Ninth Street, Room 1320
Saint Helena Sacramento,CA 95514
Jacque Hostler-carmesin,Vice president (916)653-4399
McKinleyvilla Fish andGame Commission www.fgc.ca.gov
Anthony C.Williams,Member
Huntington Beach
Vacant,Member
Vacant,Member 5,. ,
8CRR0 OF
Wildlife Heritage and Conservation I (
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February 24, 201
TO ALL INTERESTED AND AFFECTED TIES:
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, relating to the
commercial sea urchin fishery, which will be published in the California Regulatory
Notice Register on February 26, 20,16.
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
www.fac.gg.gov.
. Susan Ashcraft, Eich and ame Commission, phone ( 16) 653-1803, has been
designated to respond to questions on the substance of the propose
regulations.
Sincerely,
Keri Ti6mann
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, proposes to amend Section 120.7,
Title 14, California Code of Regulations, relating to Commercial Sea Urchin Fishery.
Informative Digest/Policy Statement Overview
State law (Section 9054, Fish and Game Code) authorizes the Commission to set the
conditions for issuance of commercial sea urchin diving permits, and to limit the number
of permits that may be issued when necessary to prevent overutilization or to ensure
efficient and economic operation of the fishery on a statewide basis or within selected
geographical areas.
Proposed changes to regulations:
• Subsection 120.7(d)(2), Title 14, CCR, currently provides for new sea urchin
diving permits to be issued annually, dependent on whether the number of renewed
permits from the prior year is less than or greater than the capacity goal of 300. The
proposed amendments to the regulation would ensure that if any new permits are
added, the capacity goal of 300 permits will not be exceeded. All qualified diving
permits from the previous year are eligible to be renewed.
• Existing regulations (subsection 120.7(m), Title 14, CCR) require that each
permittee shall record daily fishing activity records on a logbook provided by the
Department, and specifies to which office the completed daily records shall be sent
based on the location of fishing activity. The proposed regulation would add a cross-
reference to Section 190, Title 14, CCR, regarding fishing activity records, and would
delete the location of Department offices where fishing activity records shall be sent,
since this information is already specified on the logbook forms.
The proposed regulatory action will benefit fishermen, processors, and the State's
economy in the form of a healthy sustainable fishery, and future harvestable sea urchin
populations.
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 sea urchins (Sections 9054 and 9055, 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 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 at the Flamingo Conference
Resort and Spa, 2777 Fourth St., in Santa Rosa, California, on Wednesday, April 13,
2016 at 8:30 a.m., or as soon thereafter as the matter may be heard. Written comments
may be submitted at the address given below or by a mail to FGC@fgc.ca.gov. Written
comments mailed or e-mailed to the Commission office must be received before
8:00 a.m. on April 14, 2016. If you would like copies of any modifications to this
proposal, please include your name and mailing address.
The regulations as proposed in strikeout-underline format, as well as an initial
statement of reasons, including environmental considerations and all information upon
which the proposal is based (rulemaking file), are on file and available for public review
from the agency representative, Michael Yaun, Acting 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 Michael Yaun or Sheri
Tiemann at the preceding address or phone number. Ms. Susan Ashcraft, Fish and
Game Commission, phone (916) 653-1803, has been designated to respond to
questions on the substance of the proposed regulations. Copies of the Initial
Statement of Reasons, including the regulatory language, may be obtained from the
address above. Notice of the proposed action shall be posted on the Fish and Game
Commission website at httpalwww.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. 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 Analysis
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:
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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. These actions are intended to align the
number of permits issued with the existing fishery permit sales restrictions which
should increase the average catch per unit of effort and ensure the long-term
sustainability of the fishery.
(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, the elimination of existing businesses or the expansion of
businesses are anticipated because the proposed action will not increase costs
or reduce harvest quotas. These actions are intended to align the number of
permits issued with the existing fishery permit sales restrictions which should
increase the average catch per unit of effort and ensure the long-term
sustainability of the fishery. The Commission does not anticipate any benefits to
the health and welfare of California residents or 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.
(0 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.
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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
Michael Yaun
Dated: February 16, 2016 Acting Executive Director
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