HomeMy WebLinkAboutFish & Game Notice 01.21.15 - Halibut sport fishing Commissioners STATE OF CALIFORNIA
Michael Sutton,"President Edmund G. Brown Jr., Governor Sonke Mastrup,Executive Director
Monterey 1416 Ninth Street, Room 1320
Jack Baylis,Vice President Sacramento,CA 95814
Los Angeles (916)653-4899
Jim Kellogg,Member Fish and Game Cornmisston (916)653-5040 Fax
Discovery Bay
Richard Rogers,Member WWW.fgc;,ca.gov
Santa Barbara ;A6
Jacque Hostler-Carmesin,Member
McKinleyville
ROMOFOUPERVM
January 21, 2015 JAN 2 6 ?m
CROVILLE,CALIFORNIA
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
Sections 28.20 and 28.95, Title 14, California Code of Regulations, relating to Pacific
halibut sport fishing regulations, which will be published in the California Regulatory
Notice Register on January 23, 2015.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
r® Craig Shuman, Regional Manager, Marine Region, Department of Fish and
Wildlife, (805) 668-1231 or Craig.Shuman@wildlife,.ca.gov, has been designated to
respond to questions on the substance of the proposed regulations.
Sincerely,
Sherrie Fonbuena
Associate Governmental Program Analyst
Attachment
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, 219, 220, 240, and 316 of the Fish and Game
Code and to implement, interpret or make specific Sections 200, 201, 202, 203.1, 205, 207, 215,
219, 220, and 316 of said Code, proposes to amend Sections 28.20 and 28.95, Title 14,
California Code of Regulations, relating to Pacific halibut sport fishing regulations for
consistency with federal rules.
Informative DigestlPolicY Statement Overview
Pacific halibut is internationally managed through the Northern Pacific Halibut Act of 1982
between the United States and Canada. Pacific halibut along the United States west coast is
jointly managed through authorities of the International Pacific Halibut Commission, Pacific
Fishery Management Council (PFMC), and the National Marine Fisheries Service (NMFS), in
conjunction with west coast state agencies. The PFMC coordinates west coast management of
all recreational and commercial Pacific halibut fisheries in U.S. waters through the Pacific Halibut
Catch Sharing Plan (CSP), which constitutes a framework for recommending annual
management measures. NMFS is responsible for specifying the final CSP language and
management measures in federal regulation (50 CFR Part 300, Subpart E and the Federal
Register) and noticing them on their halibut telephone hotline. Federal regulations for Pacific
halibut are applicable in State waters (zero to three miles off shore) and federal waters(three to
200 miles offshore) off Washington, Oregon and California.
For consistency, the California Fish and Game Commission (Commission) routinely adopts
regulations to bring State law into conformance with federal and international law for Pacific
halibut.
The November PFMC regulatory recommendation will be considered by the Commission when it
takes its own regulatory action to establish the State's recreational Pacific halibut fishery
regulations for 2015.
Summary of Proposed Amendments
The Department is proposing the following regulatory changes to be consistent with PFMC
recommendations and the CSP for Pacific halibut regulations in 2015. This approach will allow
the Commission to adopt State recreational Pacific halibut regulations to conform in a timely
manner to those taking effect in federal ocean waters on or before May 1, 2015.
The proposed regulatory changes modify regulations to allow Pacific halibut to be managed
under a quota management system to allow for timely conformance of federal fisheries
regulations and inseason changes. A range of Pacific halibut quotas between 0 and 50,000
pounds would be considered for public notice purposes. Quota status updates and in-season
changes will be disseminated and communicated to the general public through the Department's
website, the Recreational Groundfish Fishing Regulations Hotline, the NMFS Area 2A halibut
hotline, and made available by contacting a Department office.
The proposed regulatory changes modify the seasons to include a range from May 1 to
October 31 which may include periodic closures. The final regulation will conform to the season
established by federal regulations in May 2015.
Gear restrictions are proposed to be added for consistency with existing federal regulations.
The proposed regulations modify the authorized methods of take to allow for the use of
harpoons to assist in the recreational take of Pacific halibut.
A cross reference is proposed to be included to clarify those ocean areas where harpoons may
be used to assist in the recreational take of Pacific halibut caught using legal gear.
The benefits of the proposed regulations are consistency with federal regulations, the
sustainable management of California's Pacific halibut resources, and health and welfare of
anglers.
The proposed regulations are neither inconsistent nor incompatible with existing State
regulations. The Legislature has delegated authority to the Commission to adopt sport fishing
regulations (Fish and Game Code, Sections 200, 202 and 205) and Pacific halibut fishing
regulations specifically (Fish and Game Code, Section 316). The proposed regulations are
consistent with regulations for sport fishing in marine protected areas (Section 632, Title 14,
CCR) and with general sport fishing regulations in Chapters 1 and 4 of Subdivision 1 of
Division 1, Title 14, CCR. Commission staff has searched the California Code of Regulations
and has found no other State regulations related to the recreational take of Pacific halibut.
The proposed regulations are neither inconsistent nor incompatible with commercial fishing
regulations (Chapter 6, Title 14 CCR), State Coastal Conservancy regulations for experimental
fishing gear loan program (Section 13862, Title 14, CCR), and State Board of Equalization tax
regulations (Section 1602, Title 18, CCR).
NOTICE IS GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held in the Resources Building Auditorium,
1416 Ninth Street, Sacramento, California, on Wednesday, February 11, 2015, at 8:00 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 Flamingo Conference Resort & Spa,
2777 Fourth Street, Santa Rosa, California, on Wednesday, April 8, 2015, at 8:00 a.m., or as
soon thereafter as the matter may be heard. Written comments may be submitted at the address
given below, or by fax at (916) 653-5040, or by e-mail to FGCQfac.ca.gov. Written comments
mailed, faxed or e-mailed to the Commission office, must be received before 12:00 noon
on April 3, 2015.All comments must be received no later than April 8, 2015, at the hearing in
Santa Rosa, California. 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, Sonke Mastrup, 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
Sonke Mastrup or Sherrie Fonbuena at the preceding address or phone number.
Dr. Craig Shuman, Regional Manager, Marine Region, (805) 568-1231 or
Craig.Shuman@wildlife.ca.gov, has been designated to respond to questions on the
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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/Results of the Economic Impact Analysis
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 Businesses, Including
the Ability of California Businesses to Compete with Businesses in Other States:
The proposed action will not have a significant adverse economic impact directly
affecting business, including the ability of California businesses to compete with
businesses in other states because the regulatory action does not substantially alter
existing conditions.
(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; Benefits of the Regulation to the Health and Welfare of California Residents,
Worker Safety, and the State's Environment:
The Commission does not anticipate any impacts on the creation or elimination of jobs in
California.
The Commission does not anticipate any impacts on the creation of new businesses, the
elimination of existing businesses, or the expansion of businesses in California.
The Commission anticipates benefits to the health and welfare of California residents.
Providing opportunities to participate in sport fisheries fosters conservation through
education and appreciation of fish and wildlife.
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The Commission anticipates benefits to the environment by the sustainable management
of California's Pacific halibut resources.
The Commission does not anticipate any benefits to worker safety.
Additional benefits of the proposed regulations are consistency with federal regulations
and promotion of businesses that rely on recreational Pacific halibut fishing.
(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.
(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).
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, would be as effective
and less burdensome to affected private persons than the proposed action, or would be more
cost effective to affected private persons and equally effective in implementing the statutory
policy or other provision of law.
FISH AND GAME COMMISSION
Sonke Mastrup
Dated: January 13, 2015 Executive Director
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