HomeMy WebLinkAboutFish & Game Notice 01.21.15 - Klamth-Trinity sport fishing Commissioners STATE OF CAUFORMA
Michael Sutton,President Edmund G. Brown Jr., Governor Sonke Mastrup,Executive Director
Monterey 1416 Ninth Street,Room 1320
Jack Baylis,Vice President Sacramento, CA 958,14
Los Angeles 6
Jim Kellogg,Member (916)Fish and Game Commission (9 16)653-5040 F53-4899ax
Discovery Bay
Richard Rogers,Member www.fgc,ca.gov
Santa Barbara
Jacque Hostler-Carmesin,Member "U"'7'E COONT Y'
McKinieyville ADMINI.Sj j()N
JAN 2 6 2015
U-'V'LIRCALIFORMA
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January 21, 2015
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
subsections (b)(91.1) and (b)(195) of Section 7.50, Title 14, California Code of
Regulations, relating to Klamath/Trinity rivers sport fishing, 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.
Mr. Stafford Lehr, Chief of Fisheries Branch, Department of is and Wildlife,
telephone number (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
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 subsections (b)(91.1) and (b)(195) of Section 7.50,
Title 14, California Code of Regulations, relating to Klamath River sport fishing.
Informative Diciest/Policy 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 recreational, ocean
commercial, river recreational and tribal fisheries.
The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations
for the management of recreational and commercial ocean salmon fisheries in the Exclusive
Economic Zone (three 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.
The California Fish and Game Commission (Commission) adopts regulations for the ocean
salmon recreational (inside three miles) and the Klamath River System recreational fisheries
which are consistent with federal fishery management goals.
For the purpose of PFMC mixed-stock fishery modeling and salmon stock assessment, salmon
greater than 22 inches are defined as adult salmon (ages 3-5) and salmon less than or equal to
22 inches are defined as grilse salmon (age 2).
Klamath River Fall-Run Chinook
Klamath River fall-run Chinook salmon (KRFC) harvest allocations and natural spawning
escapement goals are established by the PFMC. The KRFC harvest allocation between tribal
and non-tribal fisheries is based on court decisions and allocation agreements between the
various fishery representatives.
The 2015 KRFC in-river recreational fishery allocation recommended by the PFMC is currently
unknown. All proposed closures for adult KRFC are designed to ensure sufficient spawning
escapement in the Klamath River Basin and equitably distribute harvest while operating within
annual allocations.
Klamath River Spring-Run Chinook
The Klamath River System also supports Klamath River spring-run Chinook salmon (KRSC).
Naturally produced KRSC are both temporally and spatially separated from KRFC in most cases.
Presently, KRSC stocks are not managed or allocated by the PFMC. The in-river recreational
fishery is managed by general basin seasons, daily bag limit, and possession limit.regulations.
KRFC Allocation Management
The PFMC 2014 allocation for the Klamath River System recreational harvest was 4,128 adult
KRFC. Preseason stock projections of 2015 adult KRFC abundance will not be available from
the PFMC until March 2015. The 2015 Klamath River Basin allocation will be recommended by
the PFMC in April 2015 and presented to the Commission for adoption prior to its April 2015
meeting.
For public notice requirements, the Department of Fish and Wildlife (Department) recommends
the Commission consider an allocation range of 0—67,600 adult KRFC in the Klamath River
Basin for the river recreational fishery.
Current Recreational Fishery Management
The KRFC in-river recreational harvest allocation is divided into geographic areas and harvest is
monitored under real time subquota management. KRSC in-river recreational harvest is
managed by general season, daily bag limit, and possession limit regulations.
The daily bag and possession limits apply to both stocks within the same sub-area and time
period.
Proposed Changes
No changes are proposed for the general (KRSC) opening and closing season dates, and bag,
possession and size limits.
The following changes to current regulations are proposed:
KRFC QUOTA MANAGEMENT: Seasons Bag and Possession Limits
For public notice requirements, a range of KRFC bag and possession limits are proposed until
the 2015 Klamath River Basin quota is adopted. As in previous years, no retention of adult
KRFC salmon is proposed for the following areas, once the subquota has been met.
The proposed open seasons and range of bag and possession 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 of which no more than [0-4] fish over 22 inches total
length until subquota is met, then 0 fish over 22 inches total length.
4. Possession limit- [0-121 Chinook salmon of which [0-12] over 22 inches total length may
be retained when the take of salmon over 22 inches total length is allowed.
SPIT AREA MANAGEMENT
Current regulations specify that the spit area (within 100 yards of the channel through the sand
spit formed at the Klamath River mouth) closes to all fishing after 15 percent of the total adult
KRFC quota has been taken downstream of the Highway 101 bridge.
In 2014 the Department also evaluated restrictive measures for the spit area which included a
"no catch and release" regulation for Chinook salmon legally caught in the spit area to protect
Chinook stocks from excessive catch and release mortality. The regulatory time frame did not
allow for sufficient time to promulgate such a regulation change. The Department informed the
Commission that it would consider this change for the 2015 regulatory cycle.
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The following options are being provided for Commission consideration:
Option 1 - No catch and release fishing in Spit-Area -Department Proposal
After internal discussion and Yurok Tribal coordination, the Department is proposing the
following change to the 2015 fall Chinook spit area regulations:
All legally caught Chinook salmon must be retained. Once the adult Chinook component
of the daily bag has been retained, the angler must cease fishing in the spit area.
This regulatory proposal does not preclude anglers from leaving the spit area and fishing other
areas once their adult daily bag has been taken. Anglers may fish other areas outside of the spit
to fill the grilse (Chinook salmon X22 inches) component of their daily bag limit. This regulation
also does do not preclude anglers from filling a daily bag composed entirely of grilse salmon
while fishing the spit area.
Option 2 -All Chinook salmon must be kept in Spit Area with Blue Creek closure -Yurok
Proposal
The Yurok tribe is proposing the following modifications to the Klamath River regulations in the
spit area and on the main Klamath River below the confluence with Blue Creek:
1) No catch and release fishing allowed in the spit area to reduce pinniped predation on
released fish, and
2) Conservation closure below the mouth of Blue Creek to reduce catch and release in a
thermal refuge area and protect late-fall Chinook holding prior to entering Blue Creek.
The first modification is to the spit area at the mouth of the Klamath River to allow no release of
Chinook salmon, regardless of whether they are legally caught or foul hooked. This option
provides an exception from the general snagging prohibitions in Section 2.00. The second
modification would add Blue Creek to the September 15 to December 31 stream mouth closures
and add a new Klamath River main stem closure from June 15 to September 14 from 500 feet
above to '/2 mile downstream around the mouth of Blue Creek.
Option 3—A possible combination of Options 1 and 2
The Commission may combine Option 1's prohibition on catch and release fishing in the spit
area with Option 2's Blue Creek conservation closure.
1) All legally caught Chinook salmon must be retained. Once the adult Chinook component of
the daily bag has been retained, the angler must cease fishing in the spit area.
2) Conservation closure below the mouth of Blue Creek to reduce catch and release in a
thermal refuge area and protect late-fall Chinook holding prior to entering Blue Creek.
ADDITIONAL PROPOSED CHANGES
The name of the road listed in subsection (b)(91.1)(B)2. is proposed to be corrected from "Ishi
Pishi Falls road" to "Ishi Pishi Road". Cross references are proposed to be corrected in
subsection (b)(195) to reduce public confusion. Other changes are proposed for clarity and
consistency.
Benefits of the Proposed Regulations
The benefits of the proposed regulations are in conformance with federal law, sustainable
management of Klamath River Basin salmon resources, and promotion of businesses that rely
on recreational salmon fishing in the Klamath River Basin.
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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). Commission
staff has searched the California Code of Regulations and has found no other State regulations
related to the recreational take of Chinook salmon in the Lower Klamath River Basin.
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 Thursday, February 12, 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 teleconference originating in the Fish and Game Commission
conference room, 1416 Ninth Street, Suite 1320, Sacramento, California, on Friday, April 17,
2015, at 8:30 a.m., or as soon thereafter as the matter may be heard. Interested persons may
also participate at the following locations: Department of Fish and Wildlife, Conference Room,
50 Ericson Court, Arcata, California; Department of Fish and Wildlife, Conference Room,
20 Lower Ragsdale Drive, Suite. 100, Monterey, California; Department of Fish and Wildlife,
Conference Room, 1933 Cliff Drive, Suite 9, Santa Barbara, California; and Department of Fish
and Wildlife, Conference Room, 4665 Lampson Avenue, Los Alamitos, California. Written
comments may be submitted 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 April 16, 2015. All comments must be received no later
than April 17, 2015, at one of the teleconference hearing locations listed above. 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. Stafford Lehr,
Chief of Fisheries Branch, Department of Fish and Wildlife, (916) 327-8840 or
Stafford.Leh r0mildlife.ca.aov, 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
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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 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 to have some impact
on the net revenues to local businesses servicing sport fishermen. Visitor spending may
be reduced and in the absence of the emergence of alternative visitor activities, the drop
in spending could induce business contraction. However, this will not likely 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; Benefits of the Regulation to the Health and Welfare of California Residents,
Worker Safety, and the State's Environment:
The proposed regulations range from no fishing of KRFC salmon in 2015; to a normal
Klamath River Basin salmon season. The Commission anticipates some impact on the
creation or elimination of jobs in California. The potential employment impacts range from
0 to 23 jobs which are not expected to create, eliminate or expand businesses in
California. The Commission anticipates impacts on the creation, elimination or expansion
of businesses in California ranging from no impact to reduced revenues to approximately
30 businesses that serve sport fishing activities. However, the possibility of growth of
businesses to serve substitute activities exists. Adverse impacts to jobs and/or
businesses would be less if fishing of grilse KRFC salmon is permitted than under the
complete closure to all.fishing. The impacted businesses are generally small businesses
employing few individuals and, like all small businesses, are subject to failure for a
variety of causes. Additionally, the long-term intent of the proposed action is to increase
sustainability in fishable salmon stocks and, subsequently, the promotion and long-term
viability of these same small businesses.
The Commission anticipates benefits to the health and welfare of California residents.
Providing opportunities for a salmon sport fishery encourages consumption of a nutritious
food.
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The Commission anticipates benefits to the environment by the sustainable management
of California's salmon resources.
The Commission does not anticipate any benefits to worker safety.
(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.
(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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