HomeMy WebLinkAboutFish & Game Commission 7-26-10 COMMISSIONERS 1416 Ninth Street
Jim Kellogg,President ARNOLD SCHWARZENEGGER Box 944209
Discovery Bay Sacramento,CA 94244-2090
Richard Rogers,Vice President
(916)653-4899
Montecito
(916)653-5040 Fax
Michael Sutton,Member
fgc@fgc.ca-gov
Monterey
Daniel W.Richards,Member
Upland Governor
Don Benningboven,Member
Santa Barbara
STATE OF CALIFORNIA
Fish and Game Commission
July 26, 2010
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, relating to the
commercial herring fishery, which will be published in the California Regulatory Notice
Register on July 30, 2010.
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,
heri T-Tiemann
Staff Services Analyst
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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 1050, 5510, 8389, 8550, 8552.1, 8553 and 8555, of the Fish and Game
Code and to implement, interpret or make specific sections 713, 1050, 7850, 7850.5, 7852.2, 8043, 8053,
8389, 8550-8557, and 8559 of said Code, proposes to amend sections 163 and 164, Title 14, California
Code of Regulations, relating to the commercial herring fishery.
Informative DigestlPolicy Statement Overview
Under existing law, herring may be taken for commercial purposes only under a revocable permit, subject
to such regulations as the 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; and landing and monitoring
requirements.
The proposed regulations would establish the fishing quota, season dates and times for fishing
operations for the 2010-2011 season in San Francisco Bay based on the most recent biomass
assessments of spawning populations of herring as well as season dates and times for fishing operations
for the 2010-2011 season in Tomales Bay. There are no quota changes proposed for Crescent City
Harbor, Humboldt or Tomales bays for the 2010-2011 herring season. Changes concerning number of
permits per vessel, use of gillnet vessels in "off weeks", number of nets allowed, and herring permits for
use in ocean waters are also included.
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 3,841 tons) of
the 2009-2010 spawning biomass. The Department is recommending that the San
Francisco Bay quota be set at 1,920 tons, which is five percent of the 2009-2010 spawning
biomass. If the Commission were to adopt this option, a 1,920 ton quota would result in a
3.4 ton individual quota for a "CH" gillnet permittee and a 4.1 ton individual quota for a
non-"CH" gillnet permittee participating in the HEOK fishery.
• Set the dates of the roe herring fishery in Tamales Bay from noon on Sunday,
December 26, 2010, until noon on Friday, February 25, 2011.
• Integrate the December DH platoon into the Odd and Even platoons. DH permittees with
odd numbered permits would be assigned to the Odd platoon and permittees with even
numbered permits would be assigned to the Even platoon.
The following are minor editorial changes proposed to improve clarity and consistency of the regulations:
• The proposed regulations would correct the Limited Entry Pacific Herring permit
application number in subsection 163(b)(1) and the Herring Eggs on Kelp permit
application number in subsection 164(h)(1) to coincide with the 2010-2011 season
applications.
NOTICE]S GIVEN that any person interested may present statements, orally or in writing, relevant to this
action at a hearing to be held at the Lions Gate Hotel, 3410 Westover Street, McCellan, California, on
Thursday, September 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 September 8, 2010 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 September 13,
2010. All comments must be received no later than September 16, 2010, at the hearing in McCellan, 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, Deputy
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 Sheri Tiemann at the preceding address or phone number.
Mr. John Mello, Marine Region, Department of Fish and Game, (707) 441-5755 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.
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. 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 Re ulato 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:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability
of California Businesses to Compete with Businesses in Other States:
No adverse incremental economic impact to businesses.
Japan remains the major market for California herring roe (Kazunoko), which is processed for
consumption in Japan as a traditional salted roe product or flavored roe product. Recent gains in the
Japanese Yen, against the US dollar, could foretell increase demand for California herring roe.
However, the Russian federation is emerging as a strong market competitor to the US, with their
herring exports to Japan growing at an enormous rate. This growth is reinforced as herring roe
continues to hold top market position year to year, with 18 of 25 Japanese seafood firms noting that it
was their best-selling commodity.
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The California commercial herring fishery takes place in four areas; San Francisco Bay, Tomales Bay,
Humboldt Bay, and Crescent City Harbor. However, the greatest economic activity is derived from
herring roe ventures in San Francisco Bay, which typically generate about 90 percent of the total
average annual value for this California fishery. In real 2009 dollars, San Francisco Bay herring
landings have averaged about $375,000 in ex-vessel revenue to the fishermen since 2004. All of
these herring fishermen and herring processing plants are small businesses as defined under
California Government Code Section 11342.610.
The Department recommended a zero ton quota or no fishery option for the 2009-2010 season when
the herring spawning biomass in 2008-2009 fell to a new historical low of 4,833 tons. The spawning
biomass estimate for the 2009-2010 season was 38,409 tons, which fell below the historical average
(1978-1979 season to present) of 49,084 tons. Depending on which harvest option the Commission
chooses for 2010-2011, the harvestable quota may be between zero and 3,841 tons (or zero to 10
percent of the 2009-2010 spawning estimate of 38,409 tons). Relative to last year's closed season,
this potential harvest range represents a positive incremental impact'of$1.8 million to $3.6 million in
ex-vessel revenue, or direct revenue to the fishermen; assuming the final decision will be between
five percent and ten percent of the biomass, respectively. The resulting total output contribution to
the State's economy from this direct revenue is $3.2 million to $6.5 million. This is based on an
economic output multiplier of 1.774 for calculating total direct, indirect, and induced impacts to
California's economy from the herring fishery.
(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:
Given a potential range of$1.8 million to $3.6 million in positive direct revenue to the fishermen,
the employment impacts are estimated to be about 397 to 793 jobs supported. This is based on
an employment multiplier of 218.3 jobs per million dollars produced in direct fishing revenue from
the California herring fishery.
(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) 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).
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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 and less burdensome
to affected private persons than the proposed action.
FISH AND GAME COMMISSION
Jon K. Fischer
Dated: July 20, 2010 Deputy Executive Director
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