HomeMy WebLinkAboutFish & Game Notice 01.21.15 - Tuna fishing Commissioners STATE OF CALIFORNIA
Michael Sutton, President Edmund G. Brown Jr., Governor Son;ke 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 Commission (916)653-5040 Fax
Discovery Bay
Richard Rogers,Member www.fgc.ca.gov
Santa Barbara
Jacque Hostler-Carmesin,Member
McKinteyviHe
9=OF SUPERVOW
January 21, 2015 JAN 2 6 2015
GROVILE,CAUFORN[A
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
subsection (b) of Section 27.65 and subsection (b) of Section 28.38,, Title 14, California
Code of Regulations, 'relating to Pacific bluefin tuna daily bag limit and tuna fillet
procedures, 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.
Ms. Mandy Lewis, Environmental Scientist, Department of Fish and Wildlife,
Marine Region, (562) 342-7169 or Mandy.Lewis@wildIife.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, and 313 of the Fish and Game Code and to
implement, interpret or make specific Sections 200, 202, 205, 220, 240, 313, 5508, and 5509 of
said Code, proposes to amend subsection (b) of Section 27.65 and subsection (b) of
Section 28.38, Title 14, California Code of Regulations, relating to Pacific bluefin tuna daily bag
limit and tuna fillet procedures for consistency with federal rules.
Informative Digest/PolicyStatement Overview
The Pacific Fishery Management Council (PFMC) reviews the status of Pacific bluefin tuna and
other west coast tuna populations using a biennial management cycle. As part of that process, it
recommends fisheries regulations aimed at meeting biological and fishery all goals
specified in law or established in the West Coast Highly Migratory Species Fishery Management
Plan (HMS FMP). These recommendations coordinate west coast management of recreational
and commercial highly migratory species fisheries in the federal fishery.management zone (three
to 200 miles offshore) off Washington, Oregon and California. These recommendations are
subsequently implemented as federal fishing regulations by the National Marine Fisheries
Service (NMFS).
For consistency, the California Fish and.Game Commission (Commission) routinely adopts
regulations to bring State law into conformance with federal law for Pacific bluefin tuna and other
federally-managed species.
Summary of Proposed Amendments
The Department of Fish and Wildlife (Department) is proposing the following regulatory changes
to be consistent with the PFMC recommendations for federal tuna regulations in 2015 and 2016.
This approach will allow the Commission to adopt State recreational tuna regulations to timely
conform to those taking effect in federal ocean waters in May 2015.
The proposed regulations decrease the Pacific bluefin tuna daily bag limit from 10 to two fish.
Pacific bluefin tuna was declared overfished and a decreased bag limit is expected to reduce the
recreational catch by 30 percent for 2015 and 2016, within the range recommended by the
IATTC.
The proposed reduction to the Pacific bluefin tuna daily bag and possession limit creates a need
for law enforcement to differentiate between Pacific bluefin tuna and other tuna species
commonly landed by southern California anglers.
The proposed regulations would modify the fillet regulations to require tuna filleted on any boat
or brought ashore as fillets south of Point Conception be filleted in a manner that allows for
identification of the species of tuna. The final recommendation for fillet regulations for all species
of tuna filleted on a vessel or brought ashore as fillets south of Point Conception requires that
each fish be cut into six pieces retaining all the skin, all pieces of each fish be placed together in
one bag, and the bag be labeled with the species' common name.
The benefits of the proposed regulations are consistency with federal regulation, the sustainable
management of California's tuna resources, and protection of overfished stocks.
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 tuna fishing regulations
specifically (Fish and Game Code, Section 313). The proposed regulations are consistent with
regulations for sport fishing in marine protected areas (Section 632, Title 14, CCR), general
sport fishing regulations in Chapters 1 and 4 of Subdivision 1 of Division 1, Title 14, CCR, and
regulations concerning the exchanging of sport-caught fish (Section 231, 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 bluefin tuna.
The proposed regulations are neither inconsistent nor incompatible with existing State
Department of Health Services regulations concerning canning, inspection and labeling of food
and pet food (sections 12660, 12665, 12670, 12675, 12680, 12685 and 19025, Title 17, CCR),
and Department of Health Services regulations concerning the California Special Supplemental
Food Program for Women, Infants and Children (Section 40740, 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 FGC(@-fqc.ca.gov. Written comments
mailed, faxed or e-mailed to the Commission office, must be received before 12:00 noon
on April 3, 2016.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. Mandy Lewis,
Environmental Scientist, Department of Fish and Wildlife, Marine Region, (562) 342-7169
or Mandy.Lewis@wildIife.ca.gov, 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 httpa/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.
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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 statewide'adverse economic impact
directly affecting business, including the ability of California businesses to compete with
businesses in other states. Negative economic impacts are not expected from a
reduction in the Pacific bluefin tuna bag limit as fishers will likely target other tuna
species after the Pacific bluefin tuna limit is met. The reduced bag limit is also not
expected to substantially reduce the numbers of anglers on CPFV trips and the
associated angler spending. The proposed regulations continue to allow recreational
anglers to take and possess Pacific bluefin tuna in State waters, and for CPFV anglers to
have their tuna catch filleted by crew members while the vessel is still at sea.
(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,
the creation of newbusiness, the elimination of existing businesses or the expansion of
businesses in California. No significant changes in fishing effort and recreational fishing
expenditures to businesses are expected as a direct result of the proposed regulation
changes.
The Commission does not anticipate any benefits to worker safety.
The Commission anticipates benefits to the environment by the sustainable management
of California's sport fishing resources, which may result in benefits to the health and
welfare of California residents. Participation in sport fisheries opportunities fosters
conservation through education and appreciation of California's fish and wildlife.
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(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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