HomeMy WebLinkAboutFish & Game Commission notice 2.24.09 - Klamath Trinity River sport fishing Y M1
COMMISSIONERS
Cindy Gustafson,President ARNOLD SCHWARZENEGGER .JOHN CARLSON,,l-R.
Tahoe City EXECUTIVE DIRECTOR
Jim Kellogg,Vice President 1416 Ninth Street
Box 944209
Concord
Richard Rogers,Member Sacramnto,CA 94244-2090
Carpinteria (916)653-4899
Michael Sutton,Member
(916)653-5040 Fax
MonDaniel W.Richards,Member Governor f-,c@fgc.ca.gov
Upland
STATE OF CALWORNIA
Fish and Game Commission
February 24, 2009 BOARD OFsuPRViSORS
TO ALL AFFECTED AND INTERESTED PARTIES:
FEB 2 5 2009
OROVILLE,CALIFORNIA
This is to provide you with a copy of the.notice of proposed regulatory action relative.to
subsection (b)(91.1) of Section 7.50, Title 14, California Code of Regulations, relating to
Klamath Trinity River sport fishing, which will be published in the California Regulatory
Notice Register on February 27, 2009.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Mr. Neil Manji, Chief, Fisheries Branch, Department of Fish and Game, phone
(916).327-8840, has been designated to respond to questions on the substance of
the proposed regulations.
Sincerely,
Sherrie Fonbuena
Associate Governmental Program Analyst
Attachment
[ ' MAR 0 2 2009 -�
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, 245, 215, 220, 2401, 315 and 316.5 of the Fish and Game
Code and to implement, interpret or make specific sections 200, 202, 205, 215 and 316.5 of said
Code;proposes to amend subsection (b)(91.1) of Section 7.50, Title 14, California Code of
Regulations, relating to Klamath-Trinity rivers sport fishing.
Informative DiaestlPolicy Statement Overview
The Klamath River System,which consists of the Klamath River and Trinity River basins, is
managed through a cooperative system of State, Federal, and Tribal management agencies.
Salmonid regulations are designed to meet natural and hatchery escapement needs for salmonid
stocks, while providing equitable harvest opportunities for ocean sport, ocean commercial, river
sport, and Tribal fisheries.
The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for
the management of sport and commercial ocean salmon fisheries in the Exclusive Economic Zone
(3 to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by
the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing
regulations by the National Marine Fisheries Service (NMFS).
The California Fish and Game Commission (Commission) adopts regulations for the ocean salmon
sport(inside three miles) and the Klamath River System sport fisheries which are consistent with
federal fishery management goals.
Two Tribal entities within the Klamath River System, the Hoopa Valley Tribe and the Yurok Tribe,
maintain fishing rights for subsistence fishing and commercial fisheries that are managed
consistent with federal fishery management goals. Tribal fishing regulations are promulgated by
the Hoopa and Yurok Tribes.
Klamath River Fall-Run Chinook
Klamath River fall-run Chinook (KRFC) salmon harvest allocations and spawning escapement
goals are established by the PFMC. The KRFC salmon harvest allocation between Tribal and non-
Tribal fisheries is based on court decisions and allocation agreements between the various fishery
representatives.
The annual KRFC river sport salmon quota is recommended by the PFMC and the 2409 PFMC
allocation is currently unknown. All proposed closures for adult Chinook salmon are designed to
maximize and equitably distribute harvest of adult KRFC salmon while operating within the annual
quota.
Klamath River Spring-Run Chinook
The Klamath River System also supports Klamath River spring-run Chinook salmon (KRSC).
KRSC typically enter the estuary in the spring and migrate to thermal refugia in the headwaters of
several major tributaries in the basin. They hold in tributary headwaters sexually maturing over the
summer and spawn in September prior to KRFC spawning. Naturally produced KRSC are both
temporally and spatially separated from KRFC in most cases. In addition to natural stocks, the
Departments Trinity River Hatchery facility produces 1.4 million KRSC annually as mitigation for
habitat lost above the Trinity Dam.
Presently, KRSC salmon are managed under the general basin seasons, daily bag limits, and
possession limit regulations and are not under PFMC allocation management.
KRFC Salmon Quota Management
The 2008 quota for the Klamath River System river sport harvest was 22,500 adult KRFC salmon.
Preseason stock projections of 2009 adult KRFC abundance will not be available from the PFMC
until March 2009. The 2009 basin quota will be recommended by the PFMC in April 2009 and
presented to the Commission for adoption at their May 2009 meeting.
For public notice requirements, the Department recommends the Commission consider a range of
0-40,000 adult KRFC salmon quota in the Klamath River basin for the river sport fishery. This
recommendation range encompasses the historic range of the Klamath River basin quotas and
allows the PFMC and Commission to make adjustments during the 2009 regulatory cycle.
The Commission may modify the KRFC,river sport salmon quota which is normally 15% of the non-
tribal PFMC harvest allocation. Commission modifications need to meet biological and fishery
allocation goals specified in law or established in the PFMC Salmon Fishery Management Plan
otherwise harvest opportunities may be reduced in the California ocean fisheries.
The annual KRFC salmon quota is split evenly, with 50% of the quota allocated to the lower
Klamath River downstream of the Highway 96 bridge at Weitchpec and 50%to the remainder of the
upper Klamath River System upstream of the Highway 96 bridge at Weitchpec and the Trinity River
Basin. This division ensures equitable harvest of adult KRFC salmon throughout the Klamath River
System.
The Spit Area (within 100 yards of the channel through the sand spit formed at the Klamath River
mouth), is proposed to close to all fishing after 15% of the lower Klamath River System quota
(downstream of the Highway 96 bridge at Weitchpec) has been taken downstream of the Highway
101 bridge. This provision only applies if the Department projects that the total Klamath River
System quota will be met. This closure is intended to prevent excessive take near the mouth where
fish are concentrated and will help provide an equitable distribution of KRFC harvest in the upper
river.
The upper Klamath River System is further divided into three sub-quota areas:
1. -17%from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at
Weitchpec,
2. 16.5%for the Trinity River downstream from the Denny Road bridge at Hawkins Bar to the
confluence with the Klamath River, and
3. 16.5%for the Trinity River downstream from Old Lewiston Bridge to the Highway 299 west
bridge at Cedar Flat.
These sub-quota areas are based upon historical angler effort distribution and ensure equitable
harvest of adult KRFC salmon in the upper Klamath River and Trinity River. The quota system
requires the Department monitor angler harvest of adult KRFC in each sub-quota area. All sub-
quota areas will be monitored on a real-time basis except for the following areas:
Klamath River upstream of reductions,-the Department will be unable to deploy
River., Due to funding and personnel
ec and the T
ploy adequate personnel to conduct harvest
monitoring in the Klamath River upstream of Weitchpec and in the Trinity River for the 2009
season. The Department has reviewed salmon harvest and run-timing data for these areas. Based
on this review, the Department has developed a Harvest Predictor Model (HPM)which incorporates
historic creel data from the Klamath River downstream of Iron Gate Dam to the confluence with the
Pacific Ocean and the Trinity River downstream of Lewiston Dam to the confluence with the
Klamath River. The HMP is driven by the positive relationship between KRFC harvested in the
Klamath River and Trinity River. The HMP will be used by the Department to implement fishing
closures to ensure that anglers do not exceed established quota targets.
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Current Sport Fishery Management
The KRFC annual quota is divided into sub areas and the harvest conducted under real-time quota
management. KRSC harvest is managed under the general basin seasons without real-time
monitoring due to lack of adequate funds.
The Department presently differentiates the two stocks by following dates:
Klamath River
1. January 'I through August 14-General Season (KRSC).
2. August 15 to December 31 - KRFC quota management.
Trinity River
1. January 1 through August 31 —General Season (KRSC).
2. September 1 through December 31 —KRFC quota management.
The daily bag limits and weekly possession limits apply to both stocks within the same sub-area
and time period.
Proposed Changes
The Department is proposing the following changes to current regulations:
KRFC Season Bag Limit and Possession Limit
For public notice requirements, a range of KRFC bag and possession limits are proposed until the
2009 basin quota is adopted. As in previous years, no retention of adult KRFC salmon is proposed
for the following areas, once the sub quota has been met.
No changes are proposed for the general opening and closing season dates.
The Spit Area (within 100 yards of the channel through the sand spit formed at the Klamath River
mouth), is proposed to close to all fishing after 15% of the lower Klamath River quota (downstream
of the Highway 96 bridge at Weitchpec) has been taken downstream of the Highway 101 bridge. In
previous years the closure was enacted after 156/o of the total in-river sport fishing allocation was
reached. The Department prefers to use a lower, more conservative harvest threshold closure
value for the spit area to prevent excessive take near the mouth where fish are concentrated-and
this will also help to provide an equitable distribution of KRFC harvest in the upper river. This
provision only applies if the Department projects that the total Klamath River System quota will be
met.
The proposed open seasons and range of bag limits for KRFC salmon stocks are as follows:
1. Klamath River-August 15 to December 31
2. Trinity River- September 1 to December 31
3. Bag Limit-[0=4] Chinook salmon -only[0-3]fish over 22 inches total length until sub quota
is met, then 0 fish over 22 inches total length.
The possession limit is proposed as a range of[0-9] Chinook salmon of which [0-61 over 22 inches
total length may be retained when the take of salmon over 22 inches total length is allowed.
KRSC Season Bag Limit and Possession Limit
Wild KRSC salmon are primarily limited to two sub-basins of the Klamath River watershed,the
Salmon River and the South Fork of the Trinity River(SFTk). Populations of wild spring-run
Chinook salmon in these watersheds appear to be at all time lows. This is especially true of Salmon
River stocks. The 2005 dive survey recorded the lowest number of KRSC returning to the Salmon
River in the historic data set. This is a significant concem to the Department considering these
stocks are genetically the most appropriate candidate to repopulate the upper Klamath River basin,
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once historical access is restored. SFTR stocks, although somewhat more abundant, appear to be
in decline and warrant protection measures.
The Department continues-to propose more restrictive measures to protect wild KRSC salmon
outside of the KRFC quota period.
Extension of Wild Trout Waters Season
The Trinity River from 250 feet downstream of Lewiston Dam to the Old Lewiston Bridge is
designated as wild trout waters. Only artificial flies with barbless hooks may be used, the bag and
possession limit is 0. The 2008 season was April 1 to August 31. The Department proposes to
extend the season to close on September 15. The purpose is to allow additional angling
opportunity in this section. Angling pressure during this period will not impact KRFC natural stocks
as they have will not have migrated into this area during that period. The Department anticipates
that impacts on Trinity River Hatchery KRSC will.be minimal due to the nature of the fishery.
Changes to Regulatory Language and Table
Chapter 2, Article 1, Section 2.10 of the California Freshwater Sport Fishing Regulations describes
legal hook size, gaps and rigging to be used during angling. This section is applicable to the
Klamath basin. Therefore the language in Subsection (b)(91.1)(A)1. was amended to refer anglers
to Section 2.10. Subsections (b)(91.1)(A) 2. and 3. have been removed from the Regulatory
Language passage as they are redundant.
The numeric adult KRFC quota for each of the 4 sub quota areas in the Klamath basin has been
added to the Regulation Table. This action is intended to reduce angler confusion and provide a
numeric harvest value for each area.
To provide clarity daily bag and possession limits on exempted KRFC fisheries contained in
Subsection (b)(91.1)(E.)(2.)(a.) and Subsection (b)(91.1)(E.)(6.)(b.) have been added to the body of
the Regulation Table.
Additional semantic changes were made to the regulations to provide clarity and consistency with
regard to geographic references and to correct grammatical errors. In particular the language
contained in Section 7.50 Subsection (b)(91.1)(2)(a)(ii'i.) has been modified to read "the Denny
Road bridge at Hawkins Bar". This describes the lower end of that stream section thoroughly and
should prevent any confusion or ambiguity by the angling public.
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 Yolo Fliers Club, Ballroom, 17980 County Road 948,
Woodland, California, on Wednesday, March 4, 2009, at 8:30 a.m., or as soon thereafter as the
matter m4y be heard.
NOTICE IS FURTHER GIVEN that any person interested may present statements, orally or in
writing, relevant to this action at a hearing to be held in the Wine and Roses Country Inn, Garden
Ballroom, 2505 West Turner Road, Lodi, California, on Thursday,April 9, 2009 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 in the Fish and Game Commission Conference Room,
1416 Ninth Street, Room 1320, Sacramento, California, on Tuesday,April 21, 2009, at 9:30 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 April-15, 2009 at the address given below, or by fax at(916)
653-5040, or by e-mail to FGCC@fgc.ca.goy. All comments must be received no later than April 21;
2009, at the hearing in Sacramento, CA. If you would like copies of any modifications to this
proposal, please include your name and mailing address.
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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,
John Carlson, Jr., 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 John Carlson, Jr., or
Sherrie Fonbuena at the preceding address or phone number. Mr. Neil Mand, Chief, Fisheries
Branch, Department of Fish and Game, phone(916) 327-8840, 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 hftp:/Avww.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.) 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 to this section are not subject to the time
periods for adoption, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4
and 11346.8 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 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:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Business, 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 regulations are projected have an unknown impact on the net
revenues to businesses servicing sport fishermen. This is not likely to affect the ability of
California businesses to compete with businesses in other states. The preservation of
Klamath River salmon stocks is necessary for the success of lower and upper Klamath
River Basin businesses which provide goods and services related to fishing. The proposed
changes are necessary for the continued preservation of the resource and therefore'the
prevention of 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.
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(c) Cost Impacts on a Representative Private Person or Business:
The Commission 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 17600) 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 Govemment Code sections
11342.580 and 11346.2(a)(1).
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
John Carlson, Jr.
Dated: February 17, 2009 Executive Director
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