HomeMy WebLinkAboutF&G Notice - Fishing Activity Reports Commissioners STATE of CALIFORNIA Mike Yaurt,Acting Executive Director
Eric Sklar,President Edmund:G. Brown Jr.,Governor 1416 Ninth Street, loom 13203
Saint Helena Sacramento,CA 95914
Jacque Hostler-Carrmesin,Vice President (916)65:3-4899
McKinleyville Fish and Game Commissionwnr.fgc.ca.gov
Anthony C.'Williams,illiarms,Member
Huntington Beach
Vacant,Member
Vacant,Member ''s., J.'Qj]'
APR 0 1
Wildlife Heritage and Conservation `ail:VIl i,i
Since 1870
15 Day Notice of California Notice Register 2016, o. -Z„ Z-2016-0216-12
Re: Fishing Activity Records and C FV Logbooks
March 23, 2016
This is to provide you with a 15 day continuation notice of proposed regulatory action
relative to amending sections 190 and 195, Title 14, California Cade of Regulations,
relating to fishing activity records and CPFV" logbooks which was published in the
California Regulatory Notice Register on February 26, 2016, Register 2016, No, 9-Z;
OAL Notice File No. Z-2016-0216-12. The proposed changes to the originally noticed
language are shown in double underline/strikeout underline and are sufficiently related
to the originally proposed text.
The changes in regulations cite and clarify the proper authority, enhance consistency
with Fish and Game Code, and improve the enforceability of the regulation.
The date of the public hearing related to this matter, and associated deadlines for
receipt of oral or written comments at the meeting to be held on April 13, 2016 in Santa
Rosa has not changed from the original notice.
Additional information and all associated documents may be found on the Fish and
Game Commission website at ht n .t coca. ovf #190 .
Katie Perry, Department of Fish and Wildlife, ,phone 916-446-6456, has been designated
to respond to questions on the substance of the proposed regulations.
Sincerely,
Caren Woodson
Associate Governmental Program Analyst
Attachment
TITLE 14. Fish and Game Commission
Amended Notice of Proposed Changes in Regulations
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission),
pursuant to the authority vested by Sections 7071, 7920, 7923, 7924, 8026, and 8587.1
of the Fish and Game Code and to implement, interpret or make specific Sections
7055, 7056, 7058, 7060, 7120, 7850, 7923, 7924, 8026, and 8587.1 of said Code,
proposes to amend Sections 190 and 195, Title 14, California Code of Regulations,
relating to Fishing Activity Records and CPFV Logbooks.
Informative DinestlPolicy Statement Overview
Current regulations in Title 14, CCR, require that the owners and operators of
commercial fishing vessels, holders of commercial fishing licenses or permits
participating in specified fisheries, and the owners and license holders of commercial
passenger fishing vessels, keep and submit complete and accurate records of fishing
activities on paper "logbooks" provided by the Department. Due to advances in
computer and internet technology and the use of handheld devices by many
businesses, including the fishing industry, it is necessary that the Department update its
processes.
Proposed Regulations
• Section 190 is amended to add that records may be completed and submitted on
the Department's web site at https://apps.wildlife.ca.gov/marinelogs.
o Other minor revisions are proposed which clarify that the participant may
choose either electronic or paper format but not both.
o That fishing activity records shall be called logbooks which is the common
term for these reports.
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o The subsections have been edited and renumbered for clarity.
• Subsection 195(a) is amended providing that records are to be kept "pursuant to
Section 190"
o The subject forms, with instructions, are incorporated by reference, and
the provision that the forms appear in Appendix A is deleted.
o The current provisions in subsections (a)(1)-(5) are deleted because they
appear in the form instructions.
o The subsections have been edited and renumbered for clarity.
• Forms DFW 195A and DFW 1956 have been updated and incorporated by
reference in regulation.
o The instructions have been edited to include the deleted language from
current regulation which relates only to the use of the forms, including
subsections (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5).
o The revision date will be 01116.
BENEFITS OF THE PROPOSED REGULATIONS
Permitting the use of electronic reporting is in line with the increasing use of computer
and internet technology and the use of handheld devices by many businesses,
including the fishing industry. The proposed regulations could reduce the time required
for making reports and will improve the accuracy of the data Additionally, electronic
reporting.will improve the Department's data collection and ability to monitor and
manage fish populations.
EVALUATION OF INCOMPATIBILITY WITH EXISTING 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 activities of commercial fishing vessels
and to monitor the take of fish. The Commission has searched the CCR for any
regulations regarding other authority and has found no such regulation; therefore the
Commission has concluded that the proposed regulations are neither inconsistent nor
incompatible with existing State 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 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 13, 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 Caren
Woodson at the preceding address or phone number. Ms. Katie Perry, Department of
Fish and Wildlife, phone 916-445-6456, has been designated to respond to
questions on the substance of the proposed regulations. Copies of the Initial
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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 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. 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:
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. Electronic reporting of fishing activities
in lieu of paper forms is voluntary at this time.
(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 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 because the proposed regulations will
not change the level of commercial fishing activity in the state.
As mentioned'in the Informative Digest/Policy Statement Overview above, the
proposed regulations will improve the quality of reporting requirements, as well
as facilitate the submitting of reporting data, by allowing modern computer and
internet technology methods as another means of submitting data to the
Department.
(c) Cost Impacts on a Representative Private Person or Business:
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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(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: March 28, 2016 Acting Executive Director
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