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Daniel W. Richards, President EDMUND G. BROWN, JR. Sonke Mastrup
UpEand E7CECEJTiVE DIRECTOR
Michael Sutton, Vice President 1316 Ninth Slreet, Roam 132D
Monterey Box 944209
Jim Kellogg, Member Sacramerrlo, CA 94244-2090
Discovery Bay (91 b} b53-4899
Richard Rogers, Member (91 b) 653-5040 Fax
Santa Barbara Governor fgc@fgc.ca.gav
Jack Baylis, Member
Los Angeles
STATE OF CALIFORNIA
Fish and Game Commission
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Bow
. PR ~ 3 2012
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April 11, 2012 aV11~, CA1.Yr
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TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the continuation notice of proposed regulatory
action relative to Section 27.80, Title 14, California Code of Regulations, relating to
ocean salmon sport fishing regulations for May to November 2012.
Please note the date of the public hearing related to this matter and associated
deadlines for receipt of written comments.
Ms. Marija Vojkovich, Marine Region Manager, Department of Fish and Game,
phone (805) 568-'124fi, has been designated to respond to questions on the
substance of the proposed regulations.
Sincerely,
,,~ ~~~~
Sherrie Fo
nbuena
Associate Governmental Program Analyst
Attachment
TITLE 14. Fish. and Game Commission
Notice of Proposed Changes in Regulations
(Con#inuation of California Notice Register 2012, No. 6-Z,
and Meetings of December 15, 2011, March 7, 2012, and April 11, 2012,)
NOTE: The Fish and Game Commission is exercising its powers under Section 202 of
the Fish and Game Code as the following changes to the proposed regulations may not
be available to the public for the full public comment period prior to adoption.
(NOTE: See Updated Informative Digest changes shown in bold face type.}
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Gommission), pursuant to
the authority vested by sections 200, 202, 205, 220, 240, 316.5 and 2084 of the Fish and Game
Code and to implement, interpret or make specific sections 200, 202, 205, 316.5 and 2084 of
said Code, proposes to amend Section 27.80, Title 14, California Code of Regulations, relating
to ocean salmon sport fishing after April 30, 2012.
U dated Informative Di estlPolic Statement Overview
The Pacific Fishery Management Council {PFMC} coordinates west coast managemen# of
recreational and commercial ocean salmon fisheries in the Federal fishery management zone
(three to 200 miles offshore) off Washington, Oregon and California. The annual PFMC ocean
salmon regulation recommendations are subsequently implemented in federal regulation by the
National Marine Fisheries Service (NIIAFS} by May 1 of each year.
The Fish and Game Commission (Commission) adopts regulations for the ocean salmon
recreational fishery in State waters (zero to three mites dffshore) which are consistent with these
Federal fishery management goals and regulations each year.
PFMC Regulatory Outlook
On March 7, 2012, the PFMC will propose a suite of ocean salmon fishery regulatory options.
These options will go out for public review and the final PFMC recommendations for federal
waters will be made on Apri16, 2012. The federal regulations will go into effect on or after
May 1, 2012 and may include: '
1. the minimum size of salmon that may be retained;
2. the number of rods anglers may use (e.g., one, two, or unlimited);
3. the type of bait andlor terminal gear that may be used (e.g., amount of
.weight, hook type, and type of bait or no bait);
4. the number of salmon that may be retained per angler-day or period of
days;
5. the definition of catch limits to allow for combined boat limits versus
individual angler limits;
6. the allowable fishing dates and areas; and '
7. the overall number of salmon that may be harvested, by species and area.
Commission Regulatory Outlook
Although there are no PFMC regulatory options to consider until March, the 2012 ocean salmon
sport regulations could range from na fiishing in all areas off California to limited salmon fishing
for varied areas and dates to be determined between May 1., 2012 and November 11, 2012.
Present Regulations
Current regulations authorized recreational ocean salmon fishing north of Horse Mountain
including Humboldt Bay from May 14 to September 5, 2011. Between Horse Mountain and
Pigeon Paint, fishing was authorized from April 2 to October 30, 2011. Ail areas south of
Pigeon Paint had an ocean salmon recreational fishing season from April 2 to September 18,
2011. For all areas in 2091, the bag limit was-two ilsh per day (all species except coho) and the
minimum size limit was 24 inches total length. All recreational fishing for ocean salmon is
currently closed until further action by the PFMC andlor the Commission.
The ocean salmon sport fishing regulations far April 1-30, 2012 are being considered in a
separate rulemaking package, as described in OAL Notice No. Z-2011-1227-03.
Proposed Regulations
Far public notice purposes and to facilitate Commission discussion; the Department is
proposing three regulatory options which encompass a[I possible actions that would, or would
not allow for salmon fishing on or after May 1 in various areas of California for Commission
consideration:
Option 7 -- Varied season dates and regulations„in al! areas. The date ranges in the following
areas are proposed to encapsulate all possibilities that might be considered for Federal ocean
salmon regulations in effect on or after May 1, 2012. This approach will allow final State ocean
salmon recreational fishing regulations to conform to those in effect in federal ocean waters.
(1) Far all wa#ers of the ocean north of Horse Mountain and in Humboldt Bay: The season, if
any, may occur within the range of May 15 through September 15, 2012.
(2) For the area between Horse Mountain and Point Arena: The season, if any, may occur
within the range of May 1 to November 11, 2012:
{3) For the area between Point Arena and Pigeon Paint: The season, if any, may occur within
the range of May 1 to November 11, 2012.
{4} For the area between Pigeon Point and Point Sur: The season, if any, may occur within the
range of May 1 to October 7, 2012:
(5) For the areas south of Point Sur: The season, if any, may occur within the range of May 1
to October 7, 2012.
For all areas, the proposed bag limit will be from one to two fish and the proposed minimum size
wilt be from 20 to 26 inches total length. The exact opening and closing dates, along with bag
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limit, minimum size, and days of the week open will be determined in April and may be different
for each sub-area.
Option 2 - No__fishing in all areas. If adopted, the regulatory text of Option 2 would specifically
establish 2012 closed areas.
O tion 3 - A ossible combination of O tion 9 and 2 ma be develo ed after more information is
available from the NMFS and PFMC. This may include different opening and closing dates, bag
limits, size limits, days of the week open and periodic closures among areas.
The benefits of the proposed regulations are in concurrence with Federal law, sustainable
management of ocean salmon resources, and promotion of businesses that rely en recreational
ocean salmon fishing.
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.
The proposed regulations are neither inconsistent nor incompatible with existing state
regulations.
At its .April meeting, the PFMC approved a May 9 opening date for federal waters of the
Cali#ornia Klamath Management Zone {KMZ; area north of Horse Mountain to the Oregon
border and in Humboldt Bay}. In #his rulemaking, the Commission will consider adoption
of conforming regulations for state waters. !n order to achieve conformance, a
modification is needed to the range of opening dates available for consideration in the
California KMZ. In addition,-the regulatory language has been revised to include differen#
size limits during the open season in waters south of Point Arena.
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 Wednesday,
April 18, 2012, at 10:00 a.m., or as soon thereafter as the matter may be heard. Interested
.persons may also participate at the following locations: Department of Fish and Game (DFG)-
Santa Barbara Field Office and Laboratory, 1933 Cliff Drive, Suite 9, Santa Barbara, CA; DFG-
Inland Deserts Region, 3602 Inland 1=mpire Boulevard, Suite C-220, Ontario, CA; and DFG-
Monterey Regional Office, 20 Lower Ragsdale Drive, Suite 100, Monterey, CA. Written
comments may be submitted at the address given below, or by fax at (916} 653-5040, or by
e-mail to FGC f c.ca. ov. Written comments mailed, faxed or e-mailed to the Commission
office, must be received before 5:00 p.m. on April 17, 2012. All comments must be received no
later than April 18, 20'!2, at one of the teleconference hearing locations listed above. 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, Sonke Mastrup, Executive Director, Fish and Game Commission, 1416 Ninth
Street, Box 944209, Sacramento, California 94244-2090, phone (916) 653-4$99. Please direct
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inquiries to Sonke Mastrup or Sherrie Fonbuena at the preceding address or phone number.
Ms, Marija Vojkovich, Regional Manager, Marine Region, Department of Fish and Game,
telephone [805] 568-7246, has been designated to respond to questions on the sub$tance
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 http:llwww.fac.ca.aov.
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.
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 202 of the Fish and Game Code. Regulations adopted pursuant #o this
section are not subject to the time periods far adoption, amendment or repeal of regulations
prescribed in Sections 11343.4, 11346.4 and 11345.8 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 agency program staff.
Im act of Re ulato Action
The potential for significant statewide adverse economic impacts that might result from the
proposed regulatory action has been assessed, and the fallowing 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 there#ore the prevention of adverse economic impacts.
(b) Impact on the Creation ar 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 an the creation or elimination of jobs,
the creation of new business, the elimination of existing businesses or the expansion of
businesses in California. The. proposed regulations range from no salmon fishing in
2092 to a normal ocean salmon season; therefore, the potential impacts range from 0 to
1,400 jobs depending on which option is ultimately adopted by the Commission. The
impacted businesses are generally small businesses employing few individuals and, like
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all, small businesses, are subject to failure for a variety of causes. Additionally, the long-
term intent of the proposed action is to increase sustainability in fishable salmon stocks
and, subsequently, the promotion and long-term viability of these same small
businesses.
The Commission anticipates benefits to the health and welfare of California residents.
Providing opportunities far an ocean salmon sport 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 ocean salmon resources.
{c) Cos# 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 CostslSavings in Federal Funding to the State:
None.
{e} Nondiscretionary CostslSavings 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 17540) of Division 4,
Government Code:
None.
(h) Effect on Housing Casts:
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 Cody sections
11342.680 and 11346:2{a)(1}.
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Consideration of Aiternatives
Tate Commission must determine that no reasonable alternative considered by the Commission,
or that has otherwise been identified and brought #o 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 cast-effective to affected private persons and equally effective in implementing the
statutory policy or other provision of law.
FISH AND GAME COMMISSION
Date: April 11, 2012
Sonke Mastrup
Executive Director
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Regulatory Language
KEY: _
Lan ua eon inall g _ „~rmat.
g g g y proposed to be added is shown in sin le underline f
Language originally proposed to be' deleted is shown in st~il ~~~~_~-
Language originally proposed to be added and now proposed to be deleted is shown in
Language newly proposed to be added is shown in double underline for a .
Language newly proposed to be deleted is Shawn in
Sec#ion 27.80(d), Title 14, CCR is added to read:
Option 1: Add subsection (d} language to include open season dates and fishing
regulations commencing May 1, 2012,
§27.80. Salmon.
or after
A All ocean waters o en to salmon fishin varied dates within the ran a from
Ma 1 to Se tember 15 ma include eriodic closures 2012. Fishin is authorized 1-
7 da s er week s eci o en da s of week and date ran a as needed .
B Ba Limit: 1-2 salmon er da .See subsection b above and Section 1.17.
(C } Minimum Size: f20-26] inches total length.
2 _
Between Horse Mountain and Point Arena 38°57'30" N. lat. .
A All ocean waters o en to salmon fshin varied dates within the ran a from Ma 1 to
November 11 ma include eriodic closures 2012. Fishin is authorized 1-7 da s er
week s eci o en da s of week and date ran a as needed .
B Ba Limit: 1-2 salmon er da .See subsection b above and Section 1.17.
~C_ }--Minimum Size: f20-26] inches, total length.
3 Between Point Arena and Pi eon Point 37°11'00" N. lat. .
A All ocean waters o en to salmon fishin varied dates within the ran a from Ma 1 to
November 11 ma include eriodic closures 2012. Fishin is authorized 1-7 da s er
week s eci o en da s of week and date ran a as needed .
B Ba Limit: 1-2 salmon er da .See subsection b above and Section '1.17.
{C) Minimum Size: f2.0-26] inches total length fsize limit may be different for portions of
e open seasonl.
.,,,
4 Between Pi eon Point and Point Sur 36°18'00" N. lat. .
A All ocean waters o en to salmon fishin varied dates within the ran a from Ma 1 to
October 7 ma include eriodic closures 2012. Fishin is authorized 1-7 da s er
week s eci o en da s of week and date ran a as needed .
B Ba Limit: 1-2 salmon er da .See subsection b above and Section 1.17.
!C) Minimum Size: [20-winches total length size limit
mav be different for potions of
the ,_
_open seasonl.
~5) South of Point Sur.
A All ocean waters o en to salmon fishin varied dates within the ran a from Ma 1 to
October 7 ma include eriodic closures 2012. Fishin is authorized 1-7 da s er
week fspecifyopen days of week and date range as neededL
B Ba Limit: 1-2 sa#mon er da .See subsection b above and Section 1.17.
(C)_Minimum Size: {20-261 inches tots! length (size limit may,,,,k~e different far r~ortions of
the oven seasonl.
Note: Authority cited: Sections 200, 202, 205, 220, 240, 316.5 and 2084, Fish and
Game Code. Reference: Sections 200, 202, 205, 316.5 and 2084, Fish and Game
Code.
Option 2: Add subsection {d} language to specify salmon closures in designated
areas commencing May 1, 20'12.
§27.80. Salmon.
d O en Fishin Da s Ba Limits and Size Limits in effect on or after Ma 1 2012.
L1 North. of Horse Mountain (40°05'00" N. lat.) and in H,umb~ldt Bav.
(A}_Closed to salmon fishing.
~2) Between Horse Mountain and Poin# Arena,„(38°5T30" N. lat.).
(A) Closed to salmon fishing.
~ } int
3 Between Po'
Arena and Pigeon Point (37°11'00" N. lat.
(A) Closed to salmon fishing;
4 Between Pi eon Point and Point Sur 36°18'00" N. lat. .
(A}...Closed to salmon fishing.
{5} South of Point Sur.
(A} Closed to salmon fishing_
Note: Authority cited: Sections 200, 202, 205, 220, 240, 316.5 and 2084, Fish and
Game Code. Reference: Sections 200, 202, 205, 316.5 and 20H4, Fish and Game
Code.
Option 3: A possible combination of Option 1 and 2 may be developed after more
information is available from the NMFS and PFMC. This may include different
opening and closing dates, bag limits, size limits, days of week open and periodic
closures among management areas.
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