HomeMy WebLinkAboutFish & Game Notice 06.18.13 - Sections 163 & 164Commissioners
Michael Sutton, President
Monterey
Richard Rogers, Vice President
Santa Barbara
Jim Kellogg, Member
Discovery Bay
Jack Baylis, Member
Los Angeles
Jacqu® Hostler-Carmesin, Member
McKinteyville
June 1$, 2013
STATE OF CALIFORNIA
Edmund G. Brown Jr., Governor
TO ALL INTERESTED AND AFFECTED PARTIES:
Sonke Mastrup, Executive Director
1496 Ninth Street, Room 1320
Sacramenla, CA 95814
(918} 653-4899
(9i6} 653-5t}4U Fax
www.fgc.ca.gov
IUD OF SI!>~RVfSORS
.JUN 2 4 2013
®ROVlU.E, CAL~~~RI~~A
This is to provide you with a copy of the notice of proposed regulatory action relative to
sections 163 and 164, Title 14, California -Code of Regulations, relating to the
commercial herring fishery, which will be published in the California Regulatory Notice
Register on June 21, 2013.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Mr. Ryan Bartling, Marine Region, Department of Fish and Wildlife, (707) 576-2877
has been designated to respond to questions on the substance of the proposed
regulations.
Sincerely,
t ` 80eR~D OF SlIi~RVISORS
~~ heri Tiernan ~ JUN Z 4 2013
Staff Services Analyst ~OylUk, CALI~ORN~
Attachment
~cu,-l G~ l Qs~c. ~~ ~~ ~~`~c~ i ~~
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 1050, 5510, 8389, 8550, 8552.1, 8553 and 8555, of the Fish
and Game Code and to implement, interpret or make specific sections 713, 9050, 7850, 7850.5,
7852.2, 7881,- 8043, 8053, 8389, 8550-8557, and 8559 of said Code, proposes to amend
sections 163 and 164, Title 14, California Code of Regulations, relating to the commercial
herring fishery.
Informative Di estlPolic Statement Overview
Sections 163 and 164, Title 14, CCR, specify that herring may be taken for commercial
purposes only under a revocable permit, subject to such regulations as the Fish and Game
Commission shall prescribe. Current regulations specify: permittee qualifications; permit
application procedures and requirements; permit limitations; permit areas; vessel identification
requirements; fishing quotas; seasons; gear restrictions; and landing and monitoring
requirements.
Annual fishing quotas are necessary to provide for a sustainable fishery. The proposed
regulatory changes in Sections 163 and-164 will establish the fishing quota and season dates
and times that fishing operations are allowed for the-2013-2014 season in San Francisco Bay
and Tamales Bay. Proposed regulatory changes will also amend regulations far the take of
fresh fish herring to occur concurrently with the sac-roe fishery beginning on January 1 and
ending an March 15. The Department is not recommending any change to the regulations for
the Humboldt Bay or Crescent City Harbor herring fisheries.
The following is a summary of the changes proposed for Sections 163 and 164, Title 14, CCR:
• Set the San Francisco Bay quota between zero (0) and 10 percent of the 2012-2013 San
Francisco Bay spawning biomass estimate far Pacific herring.
• The total amount of herring eggs on kelp that may be harvested by each permittee shall be
based on the previous season's spawning biomass estimate far Pacific herring in San
Francisco Bay.
• Set the dates of the herring fisheries in San Francisco Bay tv generally open on January 1
at 5:00 p.m. and close on March 15 at noon.
• A-nend and streamline regulations to allow the take of herring for commercial purposes for
both sac-roe and fresh fish market #isheries under one quota and one season. All fish
landed during the regular herring season could be sold for sac-roe or fresh fish purposes.
• Set the dates of the herring fishery in Tomales Bay from noon on December 26, until noon
on February 22.
• Other editorial changes are proposed for clarity, e.g., changing references to the
Department of Fish and "Game" to "Wildlife", office location changes, and other non-
substantive changes.
Benefits of the, Regulation
The Commission anticipates benefits to the State's environment and the health and welfare of
California residents. The- proposed regulation changes are intended to set annual harvest
quotas within a range that will maintain sustainable herring populations for their ecological
values and commercial use. Maintaining a sustainable herring fishery encourages consumption
of a nutritious food.
The Commission does not anticipate any non-monetary benefits to worker safety as a result of
the proposed regulation,
Consistency with State or Federal Regulations
The proposed regulations are neither inconsistent nor incompatible with existing state
regulations. Section 20, Article IV, of the -State Constitution specifies that the Legislature may
delegate to the Fish and Game Commission such powers relating to the protection and
propagation offish and game as the Legislature sees fit. The Legislature has delegated to the
Commission the power to regulate the commercial take of herring (sections 8550 and 8553,
Fish and Game Code). The Commission has reviewed its own regulations and finds that the
proposed regulations are neither inconsistent nor incompatible with existing state
regulations. The Commission has searched the California Cade of Regulations and finds no
other state agency regulations pertaining to the commercial take of herring. There are no
comparable federal regulations for the commercial harvest of herring.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be-held an Wednesday, August 7, 2013, at 8:30 a.m., or as
soon thereafter as the matter may be heard. The exact location of this meeting has not yet
been determined. When this information is available, a continuation notice will be sent to
interested and affected parties. The continuation notice will also be published in the Regulatory
Notice Register. Written comments must be submitted by August 5, 2013 at the address given
below, or by fax at (916} 653-5040, or by a-mail to FGCCir)_fac~ca.aov. All comments must be
received no later than August 7, 2013, at the hearing. 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
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
Sheri Tiemann at the preceding address or phone number. Mr. Ryan Bartling, Marine Region,
Department of Fish and Wildlife, (707) 576-2877 has peen 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
httpalwww.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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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 Reaufatorv ActionlResults 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 Department is providing the Commission analyses on three potential 2013-2014 quota
options for San Francisco Bay ranging from zero to 10 percent of the 10-year average
biomass estimate of 46,000 tons. The potential incremental changes to total State
economic output for these three options, zero, 1,150, or a 3,450 ton quota, are $(3,628,000},
${2,07'1,000), and $1,063,400, respectively, relative to 2012-2013 season's 2,854 ton quota
and the ex-vessel price/ton. Thus any quota over 2,854 tons could potentially generate
incremental increases in ex-vessel landing revenues to the fishers and increases to total
economic output for the State. Conversely, an allowable quota less than 2,854 tons could
result in adverse incremental impacts to Statewide economic output of $3,628,000 and
$2,071,000 (in 2012 dollars}, for zero and 1,150 ton 2013-2014 quotas, respectively. This is
based on a total economic output multiplier of 1.899 used in calculating total economic
output effects (direct, indirect, and induced} from California commercial herring fishery
activity. There is a relationship between quota and economic impact which can be
calculated far any quota amount by using the following formula:
((SF gill net quota x ex-vessel $Iton) + {HEOK quota x $Iton} * (fresh fish quota x $Iton}]
-Incremental change in harvest quota value from the previous season x 1.899.
No adverse incremental economic impacts to businesses in California would occur under
a quota allocation of 2,854 tons or more. Moreover, given the overriding market
conditions for herring roe (declining demand overseas and lower prices}, an allocation of
2,854 tons or more is not expected to affect the ability of California businesses to
compete with businesses in other states.
No commercial herring fishing activity has taken place in Tomales Bay since 2007, in
Humboldt Bay since 2005 and in Crescent City Harbor since 2002; thus no adverse
incremental economic impacts to businesses would occur under a quota allocation of
zero (0) to 30 tons, zero {0) to 60 tons, and zero (4) to 350 tons for Crescent City
Harbor, Humboldt Bay, and Tomales Bay, respectively.
No adverse incremental economic impacts to fresh fish businesses in California would
occur with a change to existing fresh fish regulations for herring.
(b} Impact on the Creation or Elimination of Jabs 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,
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Worker Safety, and. the State's Environment:
Any quota option over 2,854 tons will result in positive incremental contributions to
employment for the State: for example, an increase of about five jobs for a quota of 3,450
tons. Conversely, a zero or 1,150 ton allowable quota could adversely impact as many as
207 or 180 jobs in the fishing industry. and related industries. This is based on an
employment multiplier of 9.125 jobs per each million dollar change in d'rrect.output from
herring fishing activities, and a fleet of about 190 permittees for San Francisco Bay.
Impacts to Small Business: The Commission has determined that the amendments to
sections 163 and 164, which establish a fishing quota from zero to 10 percent of the
preceding year's spawning biomass, will affect small businesses. Most of the
commercial herring industry consists of small businesses which are legally required to
comply with the regulation and will possibly incur a detriment from the enforcement of
the regulation.
The Commission anticipates benefits to the health and welfare of California residents.
Providing opportunities for a herring fishery encourages consumption of a nutritious
food.
The Commission does not anticipate any non-monetary benefits to worker safety.
The Commission anticipates benefits to the environment through the continued
sustainable management of California's herring resources.
{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.
There are no new fees or reporting requirements stipulated under the proposed
regulations.
(d) Costs or Savings to State Agencies or CostslSavings in Federal Funding to the State:
None.
(e} Nondiscretionary CostslSavings to Local Agencies: 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 Casts: None.
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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
11342.5$0 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 ofi 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 CGMMISSIQN
Sonke Mastrup
Dated: June 11, 2013 Executive Director
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