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HomeMy WebLinkAboutFish & Game Notice - Chinook Salmon Commissioners STATE OF CALIFORNIA Sonke Mastrutr,Executive Director Jack Baylis,President Edmund G.Brown Jr.,Governor 1416 Ninths Street, Room 1320 Los Angeles Sacramento,CA 95814 JIM Kellogg,Vice President (916)653-4899 Discovery Bay Fish and Game Commission (916)653-5040 Fax Richard Rogers, Member wwwv.fg,c.ca.gov Santa Barbara Michael Sutton,(Member Monterey Jacque H tler-Carmesin,Member BUT]E'COC1N`V`Y McKinleyville ADMINISr"RXi 10N APR ' 3 2015 Wildlife Heritage and Conservation Since 1870 01MILLE,CA.hFC.7i NIA, April 10, 2015 NOTICE OF PROPOSED EMERGENCY ACTION Close all Fishing in the Sacramento 'liver from 650 feet below Keswick Dam to the Highway 414 Bridge to Protect Endangered inter-Run Chinook Salmon Pursuant to the requirements of Government Code section 11346.1(a)(1), the Fish and Game Commission (Commission) is providing notice of proposed e ergency action with regards to the above-entitled emergency regulation. SUBMISSION T Government Code section 11345.1(a)(2) requires that, at lust five working days prior to submission of the proposed emergency action to the Office of Administrative Law (OAL), the adopting agency provide a Notice of the Proposed Emergency,Action to every person who has filed a request for notice of regulatory action with the agency. ,After submission of the proposed emergency to OAL, OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in Government Code Section 11349.5. Any interested person may present statements, arguments or contentions, in writing, submitted via U.S. mail, e-mail or fax, relevant to the proposed emergency regulatory action, Written comments submitted via U.S. mail, e-mail or fax must be received at AL within five days after the Commission submits the emergency regulations to OAL for review. Please reference submitted comments as regarding "Sacramento River Closure" addressed to: Mailing Address: Reference Attorney California State Office of Administrative Law Fish and Game Commission 300 Capitol Mail, Suite 12.50 Attn: Sheri Tiemann Sacramento, CA 95814 1416 Ninth Street, Rm. 1320 Sacramento, CA 95314 E-mail Address: staff, 5oal.ca.aov fgc@fgc.ca.gov Fax No.: 916-323-6326 916-653-5040 For the status of the Commission's submittal to OAL for review, and the end of the five- day written submittal ;period, please consult OAL's website at hftp://www.ggLea.gov under the heading "EmergencyRegulations." CALIFORNIA FISH AND GAME COMMISSION STATEMENT OF PROPOSED EMERGENCY REGULATORY ACTION Emergency Action to Amend subsection (b)(1 56.5)(B) of Section 7.50, Title 14, California Code of Regulations Re: Emergency Closure Due to Low Flow Conditions 1. Statement of Facts Constituting the Need for Emergency Regulatory Action On January 17, 2014 the Governor proclaimed a State of Emergency to exist in California due to severe drought conditions. As part of the declaration, the Governor ordered the Department of Fish and Wildlife (Department) to work with the California Fish and Game Commission (Commission), using the best available science, to determine whether restricting fishing in certain areas will become necessary and prudent as drought conditions persist. On April 25, 2014 the Governor issued an Executive Order (EO) to proclaim a continuation of the State of Emergency based ongoing drought conditions. This EO and the original orders are still in place and specifically direct the Department to monitor winter-run Chinook salmon in the Sacramento River and tributaries. Sacramento River winter-run Chinook salmon suffered a 95% loss of the 2014 natural production brood year due to low reservoir storage and elevated water temperatures caused by the ongoing drought. Current projections indicate that similar water conditions will occur in 2015. In-river water temperatures below Shasta Reservoir exceeded the State Water Resources Control Board Order: WR 90-5, maximum of 56 degrees Fahrenheit, for approximately half of the incubation period prior to emergence. Department staff have evaluated the.2013 winter-run Chinook salmon spawning locations (similar conditions to 2015) and have concluded that 98% of the in-river spawning occurred between Keswick Dam and the Highway 44 bridge. The Drought Operations Plan has outlined measures to try and prevent extinction of winter-run Chinook salmon which include: increased hatchery production, enhanced monitoring, and increased rescue efforts. Maximizing adult spawning numbers is critical to the population. Although fishing for winter-run Chinook salmon in this reach of the Sacramento River is not allowed under current regulations, incidental by-catch by anglers targeting trout has been document to occur, especially during low flow periods. Even if returned to the water, incidental by-catch adds unnecessary stress on the winter-run Chinook salmon resulting in the potential loss of adults before spawning. A fishing closure in the holding and spawning areas of winter-run will add to protections for a Federal and State Endangered fish facing a high risk of extinction. The Sacramento River from Keswick Dam downstream to the Red Bluff Diversion Dam (RBDD) is a Commission designated Wild Trout Water and provides some of the best rainbow trout fishing in California. The proposed emergency fishing closure from the Keswick Dam to the Highway 44 bridge is a 5.5 mile (about nine percent) reduction in areas open to fishing upstream of the RBDD. Although this represents a small portion of the fishery, it is one of the most popular reaches for both shore based and boat anglers. The Department does not propose a permanent closure but a temporary 3-month 1 suspension of fishing and will annually assess the success of all efforts to protect the winter-run Chinook salmon population. PROPOSED ACTION BY THE DEPARTMENT: The Department acknowledges the importance of this sport fishery and understands any closure to angling will likely have a substantial effect to both local anglers and anglers travelling from other parts of the State. However, given the gravity and magnitude of the current situation facing winter-run Chinook salmon, the Department acting under the directives of the State and Federal Endangered Species Acts, and the orders and provisions contained in the aforementioned 2014 Proclamations and EO's will be requesting the Commission through emergency action to close the Sacramento River.downstream of Keswick Dam to the Highway 44 bridge. If adopted, this emergency closure would take effect upon final approval by the Office of Administrative Law and end July 31, 2015. Normal fishing opportunities would resume August 1, 2015. Amend Sacramento River subsection (b)(156.5)(B) of Section 7.50, Title 14, CCR, to close all fishing in the Sacramento River from 650 feet below Keswick Dam to the Highway 44 bridge, from the effective date of the emergency regulation (about May 1, 2015) through July 31. Additional streams closures are currently being evaluated by the Department for future actions as needed. .11. 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 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) Nondiscretionary Costs/Savings to Local Agencies: None. (c) Programs Mandated on Local Agencies or School Districts: None. (d) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under Part 7 (commencing with Section 17.500) of Division 4, Government Code: None. 2 (e) Effect on Housing Costs: None. Ill. Authority and Reference The Fish and Game Commission proposes this emergency action 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, 206, 215 and 316.5 of said Code. IV. Section 240 Finding Pursuant to Section 240 of the Fish and Game Code, the Commission made the finding that the adoption of this regulation is necessary for the immediate conservation, preservation, or protection of birds, mammals, reptiles, or fish, including, but not limited to, any nests or eggs thereof. 3 Informative Digest (Plain English Overview) On .January 17, 2014 the Governor proclaimed a State of Emergency to exist in California due to severe drought conditions. As part of the declaration, the Governor ordered the Department of Fish and Wildlife (Department) to work with the California Fish and Game Commission (Commission), using the best available science, to determine whether restricting fishing in certain areas will become necessary and prudent as drought conditions persist. On April 25, 2014 the Governor issued an Executive Order (EO) to proclaim a continuation of the State of Emergency based ongoing drought conditions. This EO and the original orders are still in place and specifically direct the Department to monitor winter-run Chinook salmon in the Sacramento River and tributaries. Sacramento River winter-run Chinook salmon suffered a 95% loss of the 2014 natural production brood year due to low reservoir storage and elevated water temperatures caused by the ongoing drought. Current projections indicate that similar water . .. conditions will occur in 2015. In-river water temperatures below Shasta Reservoir exceeded the State Water Resources Control Board Order: WR 90-5, maximum of 56 degrees Fahrenheit, for approximately half of the incubation period prior to emergence. Department staff have evaluated the 2013 winter-run Chinook salmon spawning locations (similar conditions to 2015) and have concluded that 98% of the in-river spawning occurred between Keswick Dam and the Highway 44 bridge. The Drought Operations Plan has outlined measures to try and prevent extinction of winter-run Chinook salmon which include: increased hatchery production, enhanced monitoring, and increased rescue efforts. Maximizing adult spawning numbers is critical to the population. Although fishing for winter-run Chinook salmon in this reach of the Sacramento River is not allowed under current regulations, incidental by-catch by anglers targeting trout has been documented to occur, especially during low flow periods. Even if returned to the water, incidental by-catch adds unnecessary stress on the winter-run Chinook salmon resulting in the potential loss of adults before spawning. A fishing closure in the holding and spawning areas of winter-run will add to protections for a Federal and State Endangered fish facing a high risk of extinction. The Sacramento River from Keswick Dam downstream to the Red Bluff Diversion Dam (RBDD) is a Commission designated Wild Trout Water and provides some of the best rainbow trout fishing in California. The proposed emergency fishing closure from the Keswick Dam to the Highway 44 bridge is a 5.5 mile (about nine percent) reduction in areas open to fishing upstream of the RBDD. Although this represents a small portion of the fishery, it is one of the most popular reaches for both shore based and boat anglers. The Department does not propose a permanent closure but a temporary 3-month suspension of fishing and will annually assess the success of all efforts to protect the winter-run Chinook salmon population. PROPOSED ACTION BY THE DEPARTMENT: The Department acknowledges the importance of this sport fishery and understands any closure to angling will likely have a substantial effect to both local anglers and anglers travelling from other parts of the State. However, given the gravity and 4 magnitude of the current situation facing winter-run Chinook salmon, the Department acting under the directives of the State and Federal Endangered Species Acts, and the orders and provisions contained in the aforementioned 2014 Proclamations and EO's will be requesting the Commission through emergency action to close the Sacramento River downstream of Keswick Dam to the Highway 44 bridge. If adopted, this emergency closure would take effect upon final approval by the Office of Administrative Law and end July 31, 2015. Normal fishing opportunities would resume August 1, 2015. Amend Sacramento River subsection (b)(156.5)(B) of Section 7.50, Title 14, CCR,_to close all fishing in the Sacramento River from 650 feet below Keswick Dam to the Highway 44 bridge, from the effective date of the emergency regulation (about May 1, 2015) through July 31. Additional streams closures are currently being evaluated by the Department for future actions as needed. _ Benefits: The proposed regulation will provide benefits to the environment through the conservation and preservation of the endangered winter-run Chinook salmon population. The proposed regulations are neither inconsistent nor incompatible with existing State regulations. The Legislature has delegated authority to the Commission to promulgate sport fishing regulations (sections 200, 202, 205, 315, and 316.5, Fish and Game Code). 5 Regulatory Language §7.50. Alphabetical List of Waters with Special Fishing Regulations. Subsection (b)(1 56.5)(B) of Section 7.50, Title 14, CCR, is amended to read: Daily Bag and Open Season and Special Possession Body of Water Regulations Limit (156.5) Sacramento River and Also see Sierra District General Regulation (See tributaries below Keswick Dam Section 7.00(b)) (Butte, Colusa, Contra Costa, Glenn, Sacramento, Solano, Sutter, Tehama and Yolo Cos.) (A) Sacramento River from Closed to all fishing all year. Keswick Dam to 650 feet below Keswick Dam (B) Sacramento River frern 650 All year. QRlY baFbies 2 hatrhery trout or foot below I e6WiGk D; m to the hatRhery st eelhea I.' DesGhutes Read hridna A hatnheFy tFo it or 1. from 650 feet below Keswick Closed to all fishing from ** ip Dam to the Highway 44 bridge. [OAL to insert effective . datel through July 31. August 1 through 2 hatchery trout or December 31. Only hatchery steelhead** barbless hooks may be 4 hatche trout or used. hatchery steelhead** in possession. 2. from the Highway 44 bridge to All year. Only barbless 2 hatchery trout or the Deschutes Road bridge. hooks may be used. hatchery steelhead** 4 hatchery troutor hatchery steelhead**_in possession. NOTE: Authority cited: Sections 200, 202, 205, 215, 220, 240, 315, and 316.5, Fish and Game Code. Reference: Sections 200, 202, 205, 206, 215 and 316.5, Fish and Game Code. i