HomeMy WebLinkAboutFish & Game - Pacific Herring COMMISSIONERS ARNOLD SCHWARZENEGGER JOHN CARLSON,JR.
Cindy Gustafson,President EXECUTIVE DIRECTOR
Tahoe City .
Jim Kellogg,Vice President 1416 x9Street
44
Box 944
Concord ��_ 209
Richard Rogers,Member Sacramento,CA 94244-2090 _
(916)653-4899
Carpinteria
Michael Sutton,Member {916)653-5040 Fax
Monterey Governor fgcQfgc.cagov
Daniel W.Richards,Member
Upland
STATE OF CALIFORNIA QQlO,��erw�J
Fish and Game Commission
9 "I'Sons
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June 25, 2009 �,tL f3=�E CA
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TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed emergency regulatory action
relating to Pacific herring open ocean commercial fishing regulations.
Sincerely,
eri Tiemann
Staff Services Analyst
Attachments
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TITLE 14. Fish and Game Commission
Notice of Proposed Emergency Changes in Regulations
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to
the authority vested by sections 240, 1050, 5510, 8550, 8553 and 8555, of the Fish and Game
Code (FGC) and to implement, interpret or make specific sections 240, 1050, 7852.2, 8043,
8550, 8552, 8552.6, 8553, 8554, 8555, 8556, 8557 and 8559 of said Code, proposes to amend
subsection (h)(6) of Section 163, Title 14, California Code of Regulations (CCR), relating to
Pacific herring open ocean commercial fishing regulations.
Informative Digest(Policy Statement Overview
Under existing law, herring and herring eggs may be taken for commercial purposes only under a
revocable permit, subject to such regulations as the Fish and Game Commission (Commission)
shall prescribe. Current regulations specify: permittee qualifications, permit application procedures
and requirements; permit limitations; permit areas; vessel identification requirements; fishing quotas;
seasons; gear restrictions; quotas; landing and monitoring requirements; permit categories and
conditions; royalty fees; permit performance deposit requirements; fishing and harvesting
restrictions; processing requirements and permit suspension conditions and procedures.
Emergency regulatory action by the Fish and Game Commission (Commission) to close the ocean
waters herring fishery on July 1, 2009, or soon thereafter is needed to protect the San Francisco
Bay Pacific herring stock due to a dramatic decline in biomass. It is thought that the ocean waters
fishery is comprised of Pacific Herring from the San Francisco Bay population. At low population
levels, the San Francisco stock is considered to be depressed and protecting the remaining
population is vital to ensure future rebuilding of the of the stock and maintaining Pacific herring's role
in a healthy functioning ecosystem. Emergency action is needed to close the ocean fishery on
July 1, 2009, because herring landings for this fishery occur between April and August, with
93 percent of the landings occurring in July and August. Given the recent decline of the San
Francisco Bay stock, the Department of Fish and Game (Department) believes it appropriate to put
in place additional conservation safeguards to protect herring during the current ocean waters
season. Closing the ocean waters fishery would help protect the remaining herring population from
further decline. The Department is also recommending a zero harvest or no fishery option to the
Commission for the 2009-2010 San Francisco Bay gill net and herring-eggs-on-kelp fisheries. This
option is being presented to the Commission at the June 25, 2009 meeting for consideration during
the regular rulemaking process. An emergency closure of the ocean waters fishery would prohibit
the targeting of herring, protect any San Francisco stock from additional fishing mortality in ocean
waters, and conserve more herring for stock rebuilding. Closing the ocean waters fishery on July 1,
2009 or soon thereafter would help achieve the Departments goal of protecting this valuable
resource.
The following is a summary of the proposed changes in subsection (h)(6) of Section 163, Title 14,
CCR:
• The Department's proposed regulations would close the ocean waters fishery
beginning July 1, 2009 or soon thereafter that takes place for herring, primarily in
Monterey Bay. An incidental allowance of no more than 10 percent herring by weight
of any load composed primarily of other coastal pelagic fish species or market squid
may be landed at any time during 2009 so that the prohibition on targeting herring
would not inadvertently or unduly affect the fisheries for Pacific sardine and market
squid.
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
In view of information currently possessed, no reasonable alternative considered would be more
effective in carrying out the purposes for which the action is proposed or would be as effective
and less burdensome to affected private persons than the proposed action.
FISH AND GAME COMMISSION
John Carlson, Jr.
Dated: June 25, 2009 Executive Director
3
CALIFORNIA FISH AND GAME COMMISSION
STATEMENT OF PROPOSED EMERGENCY REGULATORY ACTION
Emergency Action to Amend Subsection (h)(6) of Section 163,
Title 14, California Code of Regulations,
Re: Pacific Herring Open Ocean Commercial Fishing Regulations.
I. Statement of Facts Constituting the Need for Emergency Regulatory Action
Emergency regulatory action by the Fish and Game Commission (Commission) is
needed to close the ocean waters fishery to protect the San Francisco Bay Pacific
herring stock due to a dramatic decline in biomass. It is thought that the ocean waters
fishery is comprised primarily of Pacific herring from the San Francisco Bay stock.
Closing the ocean waters fishery would help protect the remaining herring stock from
further depletion. Because herring landings for this fishery occur between April and
August, with 93 percent of the landings occurring in July and August, emergency action
is needed by the Commission to close the ocean waters fishery on July 1, 2009 or soon
thereafter. The Department of Fish and Game (Department) is also recommending a
zero harvest or no fishery option to the Commission for the 2009-2010 San Francisco
Bay gill net and herring-eggs-on-kelp fisheries, and a closure of the 2010 ocean waters
fishery in a regular rulemaking package that will be presented to the Commission at the
June 25, 2009 meeting.
The ocean waters fishery for herring in California occurs during the non-spawning
season primarily in the waters of Monterey Bay. A licensed commercial fisherman, with
an ocean waters Herring Permit may take herring in ocean waters from April 1 to
October 31, for all authorized fishing gear except in districts 16 and 17 where the
season is from April 1 to November 30. Pacific herring are caught opportunistically in
ocean waters, primarily in Monterey Bay, by purse seiners primarily targeting other
coastal pelagic fish species. Herring typically make up a small percentage of any given
vessel's overall catch and revenue. From 1998 to 2002, intermittent herring landings
were made from ocean waters, accounting for approximately one percent of California's
overall herring catch. However, between 2005 and 2008, approximately 42 percent of
the overall California commercial Herring catch was landed by this fishery (Table 2).
During this period, herring landings from ocean waters averaged 199 tons per year
(ranging from 41 to 371 tons). Under current regulations, the ocean waters fishery is
the only herring fishery with no quota limit. Given the recent decline of the San
Francisco Bay stock, the Department considers it appropriate to put in place additional
conservation safeguards to protect herring during the current ocean waters season.
Closing the ocean waters fishery on July 1, 2009 or soon thereafter, would help achieve
the Department's goal of protecting this valuable resource.
The Department believes that due to the depressed state of the San Francisco stock, a
precautionary approach needs to be taken to ensure long term sustainability of the
fishery while safeguarding its importance as a forage species in a functioning
ecosystem. A closure of the ocean waters fishery would prohibit the targeting of
herring, protect the San Francisco stock from fishing mortality in ocean waters, and
conserve more herring for stock rebuilding.
Figure 9 San Francisco Bay Pacific Herring Spawning Biomass 1978-
2009
160
N 140
A 120
N
O 100
H
. 80 Average 49,428
C
C 60
40
N 20
0
WCp g Gp ppm
Season
In addition, potential impacts from the 2007 Cosco Busan oil spill remain unresolved, as
the results from the NKDA study on oil impacts to herring resources have yet to be
released. Without the published results from the study, the Department must give
special consideration to the potential and possibly long term negative impacts to herring
eggs and larvae in areas exposed to oil. Impacts to eggs.and larvae have the potential
to affect recruitment of adult herring and could jeopardize the sustainability of this
fishery.
II. Impact of Regulatory Actions:
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) Costs or Savings to State Agencies or Costs/Savings in Federal Funding
to the State:
None
(b) Non discretionary Costs/Savings to Local Agencies:
None
(c) Programs Mandated on Local Agencies or School Districts:
None
3
Emergency regulatory action by the Fish and Game Commission (Commission) to close the
ocean waters herring fishery on July 1, 2009, or soon thereafter is needed to protect the
San Francisco Bay Pacific herring stock due to a dramatic decline in biomass. It is thought
that the ocean waters fishery is comprised of Pacific Herring from the San Francisco Bay
population. At low population levels, the San Francisco stock is considered to be
depressed and protecting the remaining population is vital to ensure future rebuilding of the
of the stock and maintaining Pack herring's role in a healthy functioning ecosystem.
Emergency action is needed to close the ocean fishery on July 1, 2009, because herring
landings for this fishery occur between April and August, with 93 percent of the landings
occurring in July and August. Given the recent decline of the San Francisco Bay stock, the
Department of Fish and Game (Department) believes it appropriate to put in place
additional conservation safeguards to protect herring during the current ocean waters
season. Closing the ocean waters fishery would help protect the remaining herring
population from further decline. The Department is also recommending a zero harvest or
no fishery option to the Commission for the 2009-2010 San Francisco Bay gill net and
herring-eggs-on-kelp fisheries. This option is being presented to the Commission at the
June 25, 2009 meeting for consideration during the regular rulemaking process. An
emergency closure of the ocean waters fishery would prohibit the targeting of herring,
protect any San Francisco stock from additional fishing mortality in ocean waters, and
conserve more herring for stock rebuilding. Closing the ocean waters fishery on July 1,
2009 or soon thereafter would help achieve the Departments goal of protecting this
valuable resource.
The following is a summary of the proposed changes in Subsection (h)(6) of Section 163,
Title 14, CCR:
• The Department's proposed regulations would close the ocean waters fishery
beginning July 1, 2009 or soon thereafter that takes place for herring,
primarily in Monterey Bay. An incidental allowance of no more than 10
percent herring by weight of any load composed primarily of other coastal
pelagic fish species or market squid may be landed at any time during 2009
so that the prohibition on targeting herring would not inadvertently or unduly
affect the fisheries for Pacific sardine and market squid.
5
Regulatory Language
Subsection (h)(6) of Section 163, Title 14, CCR, is amended to read:
§163. Harvest of Herring.
(h) Season.
(1) Humboldt Bay: The season shall be from noon on January 2 until noon on March 9.
(2) Crescent City: The season shall be from noon on January 14 until noon on March
23.
(3) San Francisco Bay: The season shall be from 5 p.m. on Monday, December 1, 2008
until noon on Friday, December 19, 2008 and from 5 p.m. on Sunday January 4, 2009
until noon on Friday, March 20, 2009.
(A) In San Francisco Bay, gill net permittees with even permit numbers and "CH"
permittees assigned to the "even"fishing group shall be permitted to fish only on the
following dates: January 4-9, January 18-23, February 1-6, February 15-20, March 1-6,
and March 15-20.
(B) In San Francisco Bay, gill net permittees with odd permit numbers and "CH"
permittees assigned to the 'odd"fishing group shall be permitted to fish only on the
following dates: January 11-16, January 25-30, February 8-13, February 22-27, and
March 8-13.
(C) In San Francisco Bay, gill net permittees with "DH" permit numbers and "CH"
permittees assigned to the "DH" fishing group shall be permitted to fish only on the
following dates: December 1-5, December 7-12 and December 14-19. In the event
permittees described under subsections (h)(3)(A) and (h)(3)(B) both reach their quotas
pursuant to subsection (g)(4)(A), "DH" permittees, on notification by the department,
may resume fishing operations until such group has reached the successive established
termination date or quota.
(D) No more than six gill net permittees (designated in writing by the department)
participating in research sponsored by the department shall be permitted to fish, under
the direction of the department, from 5 p.m. on Monday, December 1, 2008 until noon
on Friday, December 19, 2008 and from 5 p.m. on Sunday, January 4, 2009 until noon
on Friday, March 20, 2009.
(4) In Tomales Bay, the season shall be from noon on Friday, December 26, 2008 until
noon Friday, February 27, 2009.
(5) Herring fishing in San Francisco Bay is not permitted from noon Friday through 5:00
p.m. Sunday night. Herring fishing is allowed in Tomales Bay from noon Friday through
5:00 p.m. Sunday night if the department is reimbursed for the cost of operations. The
department shall submit a detailed invoice of its cost of operations within 30 days of
providing the service. Party shall remit payment to the department within 30 days of the
postmark date of the department's invoice.
(6) Ocean Waters: The seaseR shall be fry+m APO 1_to Gr_teber 31 fnr all autheFized
Neyemher 30 The season shall be from April 1 to FOAL will insert date on approvall approvalfor
all authorized gear. An incidental allowance of no more than 10 Percent herring b
weight of any load composed primarily of other coastal pelagic fish species or market
squid may be landed at any time during 2009.
(7) In the event permittees described under subsections (h)(3)(A) or (h)(3)(B) reach their
quota pursuant to subsection (g)(4)(A), the alternate group of permittees on notification
1