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HomeMy WebLinkAboutFish & GameCommissioners Michaet Sutton, President Monterey Richard Rogers. Vice President Santa Barbara Jim Keitagg, Member C7iscovery Bay Jack Baylis, Member t^ps Angeles Vacant, Member May ~ , 20 ~ 3 ~M~ TD ALL INTERESTED AND AFFECTED PARTIES: Sonke ~tFastrup, Executive Director 1418 lUinth Street, Roarrt 1320 Sacramento, CA 95814 (916) 653-4899 (916) 853-5t34~ Fax wwW.fgC.Ga.gOV ~t~ 1. !'~: ~.' :: L~'+~"I'Y _~~. J`: ~ ., i~.~.' i '. ~~L:-_ This is to provide you with a copy of the native of prapas~d regulatory action relative to sections 19Q and 195, Title 1~1, California Cade of Regulations, relating to commercial fishing activity reports and commercial passenger fishing vessel logbooks, which will be published in the California Regulatory Native Register an May 3; ~t}13. Please Hate the .dates of the public hearings related to thin matter and associated deadlines for receipt of written comments. Captain (David Bess, Law Enforcement Division, Departiment of pleb and Wildlif~*, phone (91fi) 651-J9~2, has been designated to respond to questions on the substance of the proposed regulations. sincerely, ~ ~ Shen Tiemar'Iri Staff Services Analyst Attachment STATE OF GA<^i1=0RNIA Edmund G: Brown Jr., Governor Fish and Game Commiss~®n ~. nsrn ^~'q"'' TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations lV©TICE IS HEREBY GIVEN that the Fish and Game Commission (Commission}, pursuant to the authority vested by sections 707'!, 7920, 7923, 7924, 8026 and 85$7.1 of the Fish and Game Code and to implement, interpret pr 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 Commercial Fishing Activity Reports and Commercial Passenger Fishing Vessel Logbooks. Informative Di estlPolic Statement Overview Section 190 to be amended. Currently, Section 190 requires that lag books be filled out far specified fisheries (e.g., trawl, trap, live-bait, market squid, commercial passenger vessels, etc.). These daily records are turned in monthly to the department and used to assist the management of these fisheries. Current wording in Section 190, proposed for deletion, requires logs to be completed "before the end of a trip, at the time of sale of the catch or at the end of each day's t'sshing." This language can be confusing far those tiliing out the records and for the wildlife offiicer trying to enforce the regulations. Proposed new wording in subsection 190(b) of "immediately when any of the following first occurs: {1) prior to passengers ar crew disembarking from the vessel, or (2) at the time of receipt, purchase, or transfer of fish, or (3) at the end of the calendar day (midnigh#) during fishing activity through the nigh#" provides clear points in time when the records must be completed. Section 195 to be amended. The proposed changes in subsection 195{a} will delete arid replace the existing Skipper's Log Book with updated forms entitled "COMMERCIAL PASSENGI=R FISHING VESSEL LOG" for Southern and CentrallNorthern California. The instructions explain when and how logs are to be tilled out as well as when the lags are to be delivered to the department. The new !og Awill provide a new box for an entry of "No fishing activities far the month of: logbooks are valuable to the management of the fisheries and assist the department in determining catch beneficial to fishermen. 1"here are times when a licensed Commercial Passenger Fishing Vessel (CPFV) operator may take out nonpaying customers or friends out on a fishing venture. !t is recommended in this proposal with the addition of subsection 195(x){5} that a licensed CPFV be required to keep logbook records when on a fishing trip, whether or not the trip involves paying ar nonpaying fishing customers. This would also give a better data base tracking all-fish caught on CPFV's. Currently in subsection 19v(e){5) the regutation, in part, specifies "operating under authority of a license issued pursuant to", this language is proposed for deletion and will be replaced by "licensed under" which clarifies the meaning of the provision. The Commission expects that proposed amendments and additions to the regulations concerning fishing activity records will provide anon-monetary benefit by improving the monitoring and reporting of the take of ocean fish by CF'FV. The Gommission does not ariticipate significant non-monetary benefits to the protection of public health, worker safety, the prevention of discrimination, the promotion of fairness and social equity, or to the increase in openness and transparency in business and government. The proposed regulations are neither inconsistent nor incompatible with existing state regulations. (~o other agency has authority to adopt fishing log book regulations. NOTICE iS GIVEN that any person interested may present statements, orally or in writing, on all options relevant to this action at a hearing to be held in University of California Los Angeles {UCLA), De Neve Plaza Building, 351 Charles E. Young Drive -West, Los Angeles, California, on Wednesday, May 22, 2013 at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS ALSO GIVEN that any person in#erested may present statements, orally or in writing, an all actions relevant to this action at a hearing to be held at the Department of Consumer Affairs, 1747 North Market Boulevard, Sacramento, CA, on Wednesday, June 26, 2093 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 June 14, 2013 to be included in the Commissioners' briefing materials at the address given below, or by fax at (918) 653-5040, or by a-mail to FGGCc~fcac.ca.goy. Written comments mailed, faxed or e-mailed to the Comrnissian ~ff#ce; must he•reaeived before 12.00 noon on June-25, 2013 to be delivered by staff to the meeting; or be presented to Commission staff at the mee#ing no later than the agenda item is heard on June 26, 2{113, 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 instrikeout-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} 653-4899. Please direct requests for the above mentioned documents and inquiries cvnceming the regulatory process to Sheri Tiemann at the preceding address or phone number. David Bess, Captain, Law Enforcement Division, Department of Fish and Wildlife, telephone {916) 651-9982, 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 Camrnission website at http:f/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. Circumstances beyond the control of the Commission (e.g,, timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) ar 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 to this section are not subject to the time periods for adop#ioa, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Cade, Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. I# 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. 2 Irr~ act of Re ulato ActlonlResults of the Economic Ira act Anal sis 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 wild not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. This proposal only clarifies warding in the logbook as well as reporting requirements. It does not limit any take of interfere with the ability to make money. (b}...:M_.....}m.pact on the Creation or.trliminatian of Jobs V~Iithin.the. Sta#e; #t7e..Creation ~of New.- - Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Wealth and Welfare of Galifornia Residents, Worker Sa#ety, and the State's Environment: The Commission does not anticipate any impacts on the creation or elimination of jabs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California. The proposed amendments to the regulations da not have foreseeable benefits to the health and wel#are of California residents or tv worker safety. The proposed regulations should benefit the State's environment by improving reporting of fish take in the California waters and the resultant analysis and. recommendations that the Department may make. The Commission expects that proposed amendments and additions to the regulations concerning fishing activity records will provide anon-monetary benefit by improving the monitoring and reporting of the take of ocean fish by CPFV. (c} Cost Impacts on a Representative Private Person or Business: The agency is not aware of any cost impacts that a representative private person ar business would necessarily- incur in reasonable compliance with the proposed action. (d) Costs ar Savings to State Agencies or CostsfSavings in Federal Funding to the State: None. (e) Nondiscretionary Casts/Savings to Local Agencies: None. ~(f) Programs mandated on Local Agencies ar School Districts: None. . (g) Costs Imposed an Any Local Agency or School District that is required to be Reimbursed Under Part 7 (commencing with Section '1750fl) 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 Cade sections 11342.584 and 11346.2{a}(1}. Consideration of Alternatives The Commission must determine that no reasonable aitemative 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 the affected private persons and equally effective in implementing the statutory policy or other provision of law. FISH AND GAME COMMISSION Sonke Mastrup Dated: Apri! 23, 2413 Executive Director 4