HomeMy WebLinkAboutFish & Game Notice 03.24.14 - Pacific Halibut sport fishingCommissioners
Michael Sutton, President
Monterey
Jack Baylis, Vice President
Los Angeles
Jim Kellogg, Member
Discovery Bay
Richard Rogers, Member
Santa Barbara
Jacque Hostler - Carmesin, Member
McKinleyville
March 24, 2014
STATE OF CALIFORNIA
Edmund G. Brown Jr., Governor
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TO ALL INTERESTED AND AFFECTED PARTIES:
Sonke Mastrup, Executive Director
1416 Ninth Street, Room 1320
Sacramento, CA 95814
(916) 653 -4899
(916) 653 -5040 Fax
w .fgc.ca.gov
This is to provide you with a copy of the notice of proposed regulatory action relative to
Section 28.20, Title 14, California Code of Regulations, relating to Pacific halibut sport
fishing, which will be published in the California Regulatory Notice Register March 28,
2014.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Dr. Craig Shuman, Regional Manager, Department of Fish and Wildlife, telephone
(805) 568 -1246, 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, 205.1, 219, 220 and 316 of the Fish and Game
Code, and Statutes 2013, Chapter 233, Section 1, and to implement, interpret or make specific
sections 200, 201, 202, 203.1, 205, 205.1, 207, 210, 215, 219, 220 and 316 of the Fish and
Game Code, Statutes 2013, Chapter 233, Section 1, and Title 50, Code of Federal Regulations,
Subpart E of Part 300, sections 300.60, 300.61, 300.62, 300.63 and 300.66, proposes to amend
Section 28.20, Title 14, California Code of Regulations, relating to Pacific halibut sport fishing.
Informative Digest/Policy Statement Overview
Pacific halibut along the United States west coast is jointly managed through authorities of the
International Pacific Halibut Commission (IPHC), Pacific Fishery Management Council (Council),
and the National Marine Fisheries Service (NMFS), in conjunction with west coast state
agencies. The Council 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 then
responsible for specifying the final measures in federal regulation [Title 50, Code of Federal
Regulations (CFR), Subpart E of Part 300 and the Federal Register]. These federal regulations
(rules) are applicable in the Federal Exclusive Economic Zone (3 to 200 miles offshore) off
Washington, Oregon and California.
For species managed under federal fishery management plans or regulations, the Commission
has usually taken concurrent action to conform State recreational regulations to federal
regulations that have been adopted through an open and deliberative federal rulemaking
process.
Under a new California law [Fish and Game Code, Section 205.1 (Statutes of 2013,
Chapter 233)], the Commission now has authority to establish - through regulation - an
automatic process to conform State sport fishing regulations applicable in State waters (zero to
three miles offshore) to federal regulations for federally managed species, which include Pacific
halibut.
Current State regulations [Section 28.20, Title 14, California Code of Regulations (CCR)]
authorize recreational fishing for Pacific halibut in California waters from May 1 to October 31.
The daily bag limit is one fish per angler and there is no minimum size limit.
The proposed amendments to the regulations would replace the current text of Section 28.20,
Title 14, CCR, with new language that would describe the process through which State sport
fishing regulations for Pacific halibut will conform to federal sport fishing regulations for Pacific
halibut in federal waters of the ocean off California.
Benefits of the Regulation
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 wildlife.
The Commission anticipates benefits to the environment by the sustainable management of
California's Pacific halibut resources.
Additional benefits of the proposed regulations are concurrence with federal law, and promotion
of businesses that rely on recreational Pacific halibut fishing.
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 in general (Fish and Game Code, sections 200, 202 and 205); Pacific halibut sport
fishing regulations specifically (Fish and Game Code, Section 316); and an automatic process to
conform State sport fishing regulations to federal regulations for federally managed species,
including Pacific halibut (Fish and Game Code, Section 205.1). 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.
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 Crowne Plaza Ventura Beach Hotel,
450 E. Harbor Blvd., Ventura, California, on Wednesday, April 16, 2014, 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 River Lodge Conference Center,
1800 Riverwalk Drive, Fortuna, California, on Wednesday, June 4, 2014, at 8:00 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 May 22, 2014 at the address given below, or by fax at
(916) 653 -5040, or by e-mail to FGCQfgc.ca.gov. Written comments mailed, faxed or e- mailed
to the Commission office, must be received before 5:00 p.m. May 30, 2014. All comments must
be received no later than June 4, 2014, at the hearing in Fortuna, 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.
Craig Shuman, Regional Manager, Department of Fish and Wildlife, phone (805) 568 -1246,
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.
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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 Business, 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 wildlife.
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 concurrence with federal law, and
promotion of businesses that rely on recreational Pacific halibut fishing.
(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:
This action would result in potential savings to the State in the form of reduced annual
rulemaking activities and associated personnel and monetary costs incurred to
accomplish those activities needed to align State and federal regulations.
(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: March 17, 2014 Executive Director
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