HomeMy WebLinkAboutFish & Game Commission notive 2.19.09 - Silver King Creek sport fishing CO-MMISSIONERS
Cindv Gustafson,President ARNOLD SCHWARZENEGGER JOHN CARLSON,JR.
Tahoe City, - EXECUTIVE DIRECTOR
Jim Kellogg.Vice President =- 1416,Vinik Street
Concord = Box 914209
Richard Rogers,Member Sacramento.CA 94244-2090
Carpinteria (916)653-4899
(916)6.53-5040 Fax
Michael Sutton.Member
Monterey Governor fecld:fgc.cagov
Daniel W.Richards,Member
Upland
STATE OF CALIFORNIA
Fish and Game Commission
BOARD OF SUPERVISORS
FEB 2 4 2009
February 19, 2009 OROVILLF,CALIFORNIA
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
subsection (b)(178) of Section 7.50, Title 14, California Code of Regulations, relating to
Silver King Creek sport fishing, which will be published in the California Regulatory
Notice Register on February 20, 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
C . aha AR 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, 205, 215, 220, 240, 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)(178) of Section 7.50, Title 14, California Code of
Regulations, relating to Silver King Creek sport fishing.
Informative Digest/Policy Statement Overview
Current regulations for Silver King Creek(Alpine Co.) downstream of the confluence with Tamarack
Lake Creek provide for trout fishing from the last Saturday in April through November 15,'with a
five-fish daily bag limit and ten-fish possession limit. Angling is permitted in this portion of the
drainage, originally occupied by the endemic Paiute cutthroat trout. The portion of Silver King
Creek and tributaries (including lakes) upstream of Tamarack Lake Creek is currently closed to
fishing year-round to protect Paiute cutthroat trout populations above Llewellyn Falls. Currently
non-native rainbow trout dominate Silver King Creek below Llewellyn Falls, a natural barrier to
upstream fish movement, posing a threat.to the native Paiute cutthroat trout residing above the
barrier.
The Department is proposing to increase the bag limit for trout in Silver King Creek downstream of
the confluence with Tamarack Lake Creek to the confluence with Snodgrass Creek(approximately
8 miles of Silver King Creek) to a ten (10) fish daily bag limit and ten (10)fish possession limit. The
proposed regulation change will reduce the number of non-native trout available for illegal human-
induced translocation upstream into protected Paiute cutthroat trout habitats above Llewellyn Falls;
and 2) reduce the population of non-native trout, thus improving the odds of additional restoration
efforts to eliminate non-native trout from the Silver King Creek drainage
Other existing portions of the watershed currently closed to angling would remain closed.
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, 17980 County Road 94B, Woodland,
California, on Thursday, March 5, 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 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. It is requested, but not required,that written comments be
submitted on or before April 2, 2009 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 April 7, 2009. All comments must be
received no later than April 9, 20.09. 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,
John Carlson, Jr., Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209,
Sacramento, Califomia 942442090, 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 Manji, Chief, Fisheries
Branch, Department of Fish and Game, phone(916) 327-8840, has-been designated to
A
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.
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 regulation affects a short stream reach in a remote
wilderness area of northem California and is 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.
(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 17500) of Division 4, Government Code:' None.
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(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).
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 10, 2009 Executive Director
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