HomeMy WebLinkAboutfgcomMrssYOnr>~RS
Daniel W. Richards, President EDMUND G. BROWN, JR. Souke Mastrup
Upland ;
~ EXECUTIVE DIRECTOR
Michael Sutton, Vice President ,
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~' 1416Nin1h Sfreet, Rouen 1320
Monterey ~_~"
=°t` ' Box 944209
.lien Kellogg, Member Sacramento, C~4 94144-2090
Discovery Bay (916J 653-4899
Richard Rogers, Member (91bJ b53-5040 Fax
Santa Barbara Governor fgc[a3fgaca.gov
Jack Baylis, Member
Los Angeles
STATE OF CALIFORNIA
Fish and Game Commission
13QARG 1alF SUPERVlS~S
July 3, 2012 JUL 0 s 2Q12
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TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
sections 163 and 164, Title 14, California Code of Regulations, rela#ing to the
commercial herring fishery, which will be published in the California Regulatory Notice
Register on July 6, 2012.
Please note the date of the public hearing related to this matter and associated
deadlines for receipt of written comments.
Mr, John Mello, Marine Region, Department of Fish and Game, phone [707) 441-
5755, has been designated to respond to questions on the substance of the
proposed regulations.
Sincerely,
~ y
;" ~ ~/
heri Tiemann
Staff Services Analyst
Attachment
CC ~-. J
TITLE 1~4. Fish and Game Commission
No#ice of Proposed Changes in Regulations
NOTICE !S HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to
the authority vested by sections 1050, 5510, 8389, 8550, 8552.1, 8553 and 8555, of the Fish
and Game Cade and to implement, interpret or make specific sections 713, 1050, 7850, 7850.5,
7$52.2, 7881, 8043, 8053, 8389, 8550-8557, and 8559 of said Cade, proposes to amend
sections 163 and 164, Title 14, California Code of Regulations, relating to the commercial
herring fishery.
Informative Di estlPolic Statement Overview
Under existing law, herring may betaken for commercial purposes only under a revocable
permit, subject to such regulations as the Commission shall prescribe. Current regulations
specify: permittee qualifcations; permit application procedures and requirements; permit
limita#ians; permit areas; vessel identification requirements; fishing quotas; seasons; gear
restrictions; and landing and monitoring requirements.
The proposed regulations would establish the fishing quota, season dates and times far fishing
operations for the 2012-2013 season in San Francisco Bay based on the mast recent biomass
assessments of spawning populations of herring as well as season dates and times for fishing
operations for the 2012-2013 season in Tomales Bay. There are no quota changes proposed
for Crescent City Harbor, Humboldt or Tomales bays #or the 2012-2013 herring season.
The following is a summary of the proposed changes in Sections 163, and 164, Title 14, CCR:
• Set the San Francisco Bay quota between zero {0) and 10 percent (0 and
6,099 tans} of the 2011-2012 spawning biomass. The Department is
recommending that the San Francisco Bay quota be set at 2,854 tans,
which is approximately five percent of the 2011-2012 spawning biomass.
if the Commission were to adop# this option, a 2,854 ton quota would
result in a 5.0 ton individual quota fora "CH"gill net permittee and a 3.1
tan individual quota for anon-"CH" gill net permittee participating in the
HEOK fishery.
Set the dates of the roe herring fisheries in San Francisco Bay for Odd
and Even platoons in San Francisco Bay from 8:00 a.m. on Wednesday,
January 2, 2013, until noon on Friday, March 15, 2013.
• Set the dates of the roe herring fishery in Tomales Bay from noon on
Wednesday, December 26, 2012, until noon on Friday, February 22,
2013.
The proposed regulatory action will benefit fishermen, processors, and the State's economy in
the farm of a healthy sustainable fishery, and future harvestable;herring populations.
The Commission does not anticipate non-monetary benefits to the protection of public health
and safety, worker safety, the prevention of discrimination, the promotion of fairness or social
equity and the increase in openness and transparency in business and government.
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The proposed regulations are neither inconsistent nor incompatible with existing state
regulations.
NOTICE IS GIVEN that any person interested may present statements, orally ar in writing, on all
actions relevant to this action at a hearing to be held in the State of California Resources
Building, First Floor Auditorium, 1416 Ninth S#reet, Sacramento, California, on Wednesday,
October 3, 2012, at 10:00 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 September 26,
2012, at the address given below, ar by fax at (916) 653-5040, or by a-mail to FGC@fgc.ca.gov.
Written comments mailed, #axed ar e-mailed to the Commission ofl=lce, must be received before
5:00 p.m. on October 1, 2012. All comments must be received na later than October 3, 2012, at
the hearing in Sacramento, CA. 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 consideration~~'and all informationupon°wliich tft~ prbp~asai is
based (rulemaking file}, are on file and available for public review from the agency
representative, Sanke Mastrup, Executive Director, f=ish 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
Sheri Tiemann at the preceding addressor phone number. Mr. John Mello, Marine Region,
Department of Fish and Game, (707) 441-5755 has been designs#ed #o 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
htt p :/lwww. fg c. c a . g av.
A~ailabiiity of Modified Text
If the regulations adapted 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 regula#ary 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 ActionlResults of the Economic Impact Ana[~iis
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 Business, Including
the Ability of California Businesses to Compete with Businesses in Other States:
The Department is providing the Commission a quota option range between zero to 10
percent of tlZe 2011-2012 spawning biomass estimate of 60,985 tons. The potential changes
to total State economic output, if the Commission were to choose a 10 percent, five percent,
or zero percent option, are $2,062,000, $564,000, and ${753,000), respectively, relative to
last season. Both the 10 and five percent options result in positive incremental contributions
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to total economic output far the State, whereas the zero percent option would result in an
adverse economic impact to the State and loss of as much as $753,000 (2011 dollars} in
Iota! economic output. This is based on an economic output multiplier of 1.99 used in
calculating total direct, indirect, and induced effects arising from the California herring,
fishery.
Depending on which harvest option the Commission chooses far 2012-2013, the harvestable
quota will be between zero and 6,099 tons. No adverse economic impacts to businesses in
California would occur under the Department's recommended five percent quota of 2,854
tons. Moreover, given the overriding market conditions #ar herring roe (declining demand
overseas and lower prices}, none of the quota options are expected to affect the ability of
California businesses to compete with businesses in other states.
(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 Galifornia Residents; ~ _ _
Worker Safety, and the State's Environment:
Depending an which harvest option the Commission chooses for 2012-2013, the harvestable
quota will be between zero and 6,099 tons. Both the 10 percent and five percent harvest
optians,.result in positive incremental contributions to employment for the State of about 13
and #our jobs, respectively, whereas a zero percent harvest could result in as much as 196
potential job losses. This is based on an employment multiplier of 12.7 jabs per eachmillion
dollar change in direct economic output from fishing activities in the California herring fishery,
and a fleet of about 190 permittees.
The Commission anticipates benefits to the health and welfare of California residents.
Providing opportunities for a herring fishery encourages consumption of a nutritious food.
The Commission does not anticipate any non-monetary benefits~to worker safety.
The Commission anticipates benefits to the environment by the sustainable management
of California's herring resources.
(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.
There are no new fees or reporting requirements stipulated under the proposed
regulations.
(d} Casts or Savings to State Agencies or CostslSavings in Federal Funding to the State:
None.
(e) Nondiscretionary CostslSavings to Local Agencies: None.
(f) Programs Mandated an Locaf 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.
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(h) Effect on Housing Costs: None.
Effect on Smail Business
It has been determined that the adoption of these regulations may affect small business. The
Commission has drafted the regula#ions in Plain English pursuant to Government Code sections
91342.580 and 11346.2(a)(1).
Consideration of Alternatives
The Commission must determine that na 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 statu#ory
policy or other provision of law.
FISH AND GAME COMMISSION
Sonke Mastrup
Dated: June 26, 2012 Executive Director
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