HomeMy WebLinkAboutFish & Game Notice 07-11-08 - Commercial Herring Regs COMMISSIONERS
Richard Rogers,President ARNOLD SCHWARZENEGGER JOHN CARLSON,JR.
Carpinteria
EXECUTIVE DIRECTOR Cindy GostdwnVice President 1416 Ninth Street
Box 944209
Tahoe City Sa=wnfo,CA 94244-2090
Jim Kellogg,Member (916)653-4899
Concord (916)653-5040 Fax
Mcbsel Sutton,Member4P
Monterey Governor fgc@fgc.c&gov
Daniel W.Richards,McmW
Upland
STATE OF CALIFORNIA '30-4RO Op sup'E�
Fish and Game Commission /Sor
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July 11, 2008 080V/tt" ?048
CA UPORNIA
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relating to
commercial herring regulations, which will appear in the California Regulatory Notice
Register on July 18, 2008.
Mr. John Mello, Marine Region, Department of Fish and Game, phone (707) 441-
5766, has been designated to respond to questions on the substance of the
proposed regulations.
Please note the date of the public hearing related to this matter and associated
deadlines for receipt of written comments.
Sincerely,
`SSheri'TieCma�n/n
Staff Services Analyst
Attachment
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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, 8550, 8552.1, 8553 and 8555 of the Fish and
Game Code and to implement, interpret or make specific sections 713, 8043, 8550, 8552,
8552.6, 8553, 8554, 8555, 8556, 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 Dinest/Policy Statement Overview
Under existing law, 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; quotas; and landing and monitoring requirements.
The proposed regulations would establish the fishing quota and season dates and times that fishing
operations are allowed for the 2008-09 season in San Francisco Bay and season dates and times
for fishing operations for the 2008-09 season in Tomales Bay.
The following is a summary of the proposed changes in Sections 163, and 164, Title.14, CCR:
The proposed regulations would establish the fishing quota for San Francisco Bay for
the 2008-09 herring fishing season, based on the most recent biomass assessments
of spawning populations of herring. The Department is providing the Commission the
option to consider a quota within the range of 0 to 10 percent of the 2007-08
spawning biomass estimate of 11,183 tons. The Department is recommending the
San Francisco Bay quota be set at 1,118 tons,which represents 10 percent of the
2007-08 spawning biomass estimate. If the Commission were to adopt this option, a
1,118 ton quota would result in a 1.9 ton individual quota for a "CH"gillnet permittee
and a 1.1 ton individual quota for a non-"CH"gillnet permittee participating in the
HEOK fishery.
• There are no quota changes proposed for Crescent City Harbor, Humboldt or
Tornales bays for the 2008-09 herring season.
• Proposed regulations would allow fishing in San Francisco Bay from 5:00 p.m. on
Monday, December 1, 2008, until noon on Friday, December 19, 2008 ("DH" gill net
platoon only). Recommended dates for the odd and even platoons are from
5:00 p.m. on Sunday, January 4, 2009, until noon on Friday, March 20, 2009.
• The proposed regulations would set the dates of the roe herring fishery in Tornales
Bay from noon on Friday, December 26, 2008; until noon on Friday, February 27,
2009.
Following are minor changes proposed to clarify and simplify the regulations:
• The proposed regulations would correct the Limited Entry Pacific Herring permit
application number revision date in subsection 163(b)(1) and Herring Eggs on Kelp
Tomales Bay, Humboldt Bay, and Crescent City Harbor. However, the greatest
economic benefit is derived from herring activities in San Francisco Bay, which typically
generates about 90 percent of the total average annual revenue for this California
fishery. In real dollars, San Francisco Bay herring revenue has averaged about$2.7
million out of$3.0 million for the State, since 2004. All the herring fishermen and herring
processing plants are small businesses as defined under Government Code
Section 11342.610. Since the proposed quota of 10 percent spawning biomass will
result in a 2.1 percent increase in allowable harvest compared to last season, there are
no adverse economic impacts associated with the proposed regulation.
(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: None
(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 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: 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.
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 or would be as
effective and less burdensome to affected private persons than the proposed action.
FISH AND GAME COMMISSION
John Carlson, Jr.
Dated: July 1, 2008 Executive Director
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