HomeMy WebLinkAboutFish & Game Notice - Sausal Creek Sport Fishing Regs COMMISSIONERS ARNOLD SCHWARZEN EGGER JOHN CARLSON,JR.
Richard Rogers.President EXECUTIVE DIRECTOR
Carpinteria 1416Ninth Streei
Cindy Gustafson.Vice President
Tahoe City Box 944209
Jim Kellogg.Member Sacramento,C.4 94244-2090
Concord (916)653-4899
R.Judd Hanna.Member (916)653-5040 Fax
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Michael Sutton.Member
Monterev Governor
STATE OF CALIFORNIA
Fish and Game Commission BOARD OF SUPERVISORS
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NOV 0 6 21V07
November 2, 2007 OROVILLE,CALIFORNA
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relating to
Sausal Creek Sport Fishing Regulations, which will appear in the California Regulatory
Notice Register on November 2, 2007
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Sincerely,
5j
Jon K. Fischer
Deputy Executive Director
Attachment
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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 Section(s) 200, 202, 205, 215, 220, 240, 315 and 316.5 of the Fish and
Game Code and to implement, interpret or make specific Section(s) 200, 202, 205, 206, 215 and
316.5 of said Code, proposes to amend Subsection 7.50(b)(172.7), Title 14, California Code of
Regulations, relating to Sausal Creek Sport Fishing Regulations.
Informative Digest(Policy Statement Overview
During the 2003 Commission triennial review of sport fishing, there was significant public interest
to close Sausal Creek and its tributaries located within the City of Oakland, Alameda County, to
all sport fishing. At that time, the Department of Fish and Game (Department) did not support a
total closure and proposed an alternative to allow catch and release fishing using artificial lures
with barbless hooks on trout, salmon, and steelhead while allowing continued harvest of warm
water fish which prey on juvenile salmonids. The Commission adopted the Department's
alternative regulations for Sausal Creek and its tributaries on December 16, 2003.
Since 2003, the local government, various watershed groups and interested parties have
continued to actively pursue restoration efforts and funding for Sausal Creek and its tributaries to
offset the degradation due to urbanization, unnatural flows, sediments, and contaminants.
Despite the strong local restoration effort, the local salmonid population continues to remain at
the low numbers first observed in 1998.
On July 18, 2006, the City of Oakland passed a resolution to seek a permanent restriction on
sport fishing in all of Oakland's freshwater creeks, streams, and waterways. The City of Oakland
made a written request to have its 2006 resolution discussed at the October Commission
meeting in a letter dated July 18, 2007. The City of Oakland's request was discussed at the
October 11, 2007 meeting in Concord where there was significant public support for the City of
Oakland's request with most of the comments and observations focused on Sausal Creek and
its tributaries.
The Department supports the strong interest on the local salmonid populations and the ongoing
restoration efforts. Without further information, the Department supports only the fishing closure
on Sausal Creek and its tributaries.
The proposed regulatory action would amend subsection (b)(172.7) of Section 7.50, Title 14,
California Code of Regulations (CCR), from current regulations which allow fishing from the last
Saturday in April through November 15 using artificial lures and barbless hooks and a zero bag
limit to a complete fishing closure all year.
NOTICE 1S GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held at the Department of Education, State Board
Room, 1430 'N' Street (Room 1101), Sacramento, California, on December 7, 2007 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 teleconference hearing to be held in the Commission Conference
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Room, 1416 Ninth Street, Room 1320, Sacramento, California, on Monday, December 17, 2007,
at 11:00 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 16, 2007 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 5:00 p.m. on
December 16, 2007. All comments must be received no later than December 17, 2007, at the
teleconference hearing in Sacramento, 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, 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 Jon K. Fischer at the preceding address or phone number. Mr. 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.
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
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directly affecting business, including the ability of California businesses to compete with
businesses in other states. The proposed action 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,lobs 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: 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.
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: October 23, 2007 Executive Director
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