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Home My WebLink AboutFish & Game 10.29.10 - Alameda Creek COMMISSIONERS 1416 Ninth Streer Jim Kellogg,President ARNOLD SCHWARZENEGGER Bax 944209 Discovery[lay Sacramento.CR 94244-2090 Richard Rogers,Vice President ar, (916)653-4899 Montecito (916)653-5040 Fax Michael Sutton,Member fgc@fgc.ca.gov Monterey . Daniel W.Richards,Member Upland Governor Jack Baylis,Member Los Angeles STATE OF CALIFORNIA Fish and Game Commission o�su��rs°Rs October 29, 2010 QCT Z0� (Otp1f4LLE,GALIFORtiIA TO ALL INTERESTED AND AFFECTED PARTIES This is to provide you with a copy of the notice of proposed regulatory actions relative to Alameda Creek in subsection 7.50(b)(1.5) Title 14, California Code of Regulations, which will appear in the California Regulatory Notice Register on October 29, 2010. This document as well as supporting documents will also be made available on the Commission's website at http:l/www.fgc,ca.gov/re.gulations/new/20'10/proposedregs'l0.asp. Please note the dates of the public hearing related to this matter and associated deadlines for receipt of written and oral comments, beginning on page 2 of this notice. Mr. Scott Barrow, Fisheries Program Branch, Department Fish and Game, phone (916) 445-7600, has been designated to respond to questions on the substance of the proposed regulations; and inquiries concerning the regulatory process may be directed to me, at (916) 653-4899. incerely, Jon D. strom sociate Gov ment Program Analyst Attachment �� '� �.J. TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 202, 205, 215, 220, 240, 315 and 316.5, Fish and Game Code. Reference: Sections 200, 205, 206, 215 and 316.5, Fish and Game Code, proposes to amend Subsection 7.50(b)(1.5), Title 14, California Code of Regulations, relating to Alameda Creek. Informative Digest/Policv Statement Overview Existing Regulations Subsection 7.50(b)(1.5) has a year round closure for all species for Alameda Creek and tributaries downstream of San Antonio, Calaveras and Del Valle reservoirs. The Alameda Creek tributaries upstream of San Antonio, Calaveras, and Dei Valle reservoirs are open to catch and release fishing for trout from the last Saturday in April through November 15 and only artificial lures with barbless hooks may be used. During the Commission's February 2010 meeting's public forum, an angler requested the Commission allow catch and release fishing for bass and catfish in the ponds in the Arroyo Del Valle adjacent to East Bay Regional Parks District's Shadow Cliffs Recreational Area in Pleasanton. These ponds were closed all year to all fishing effective March 1, 2010 to increase protection for the anadromous steelhead in the lower Alameda Creek watershed. The ponds are separated from the main creek channel by a gravel bar covered with dense bulrush and cattails. The Arroyo Del Valle stream flow could mix with these ponds during high flood events. These ponds are a fairly popular bass and catfish fishing location and are important recreational fishing access within the greater Shadow Cliffs Recreational Area. At this time, no steelhead or trout are found in these ponds. The Department believes allowing catch and release fishing in this location is highly unlikely to impact any salmonids. Proposed Changes The Department proposes opening up the portion of the Arroyo Del Valle adjacent the Shadow Cliffs Regional Recreation Area to catch-and-release fishing with artificial lures with barbless hooks only. Subsection 7.50(b)(1.5) will still have a year round closure for all species for Alameda Creek and tributaries downstream of San Antonio, Calaveras and Del Valle reservoirs with the following exception: 1) Arroyo Del Valle between Bernal Avenue and the Thiessen Street intersection with Vineyard Avenue will remain open all year to catch and release fishing to allow access to the non-salmonids species. 1 There are no proposed changes for the Alameda Creek tributaries upstream of San Antonio, Calaveras, and Del Valle reservoirs. 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 Lake Natoma Inn, Sierra Ballroom, 702 Gold Lake Drive, Folsom, California, on Thursday, November 18, 2010 at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the Hotel Mar Monte, 1111 E. Cabrillo Blvd., Santa Barbara, California, on Thursday, December 16, 2010 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 December 9, 2010 at the address given below, or by fax at (916) 653-5040, or by e-mail to FGC@fgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:Wp.m. on December 13, 2010:All comments must-be received no later than December 16, 2010 at the hearing in Santa Barbara, 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 considerations and all information upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Jon K. Fischer, 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 Jon K. Fischer, or Jon Snellstrom at the preceding address or phone number. Scott Barrow, Department of Fish and Game, phone (916) 445-7600 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 Commission website at http://www.fgc.ca.gov. Availabilily 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 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: 2 (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 will offer more fishing opportunities with no adverse economic impacts. (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: None. (c) =Cost Impacts on a Representative Private'Person'orBusiness': _,...: 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). 3 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 or would be as effective as and less burdensome to affected private persons than the proposed action. FISH AND GAME COMMISSION .ion K. Fischer Dated: October 29, 2010 Acting Executive Director 4