HomeMy WebLinkAboutFish & Game Notice 08.22.08 - CA Marine Parks COMMISSIONERS
Richard Rogers,President ARNOLD SCHWARZENEGGER JOHN CARLSON,JR.
Carpinteria EXECUTIVE DIRECTOR
Cindy Gustafson,Vice President 1416 Ninth Street
Tahoe Cityi�tnBox 944209
Sacramento,CA 94244-2090
Jim Kellogg,Member
Concord (916)653-4899 Michael Sutton,Member (916)653-5040 Fax
Monterey Governor f.-c,'_kf.-c,ca.gov
Daniel W.Richards,Member
Upland
STATE OF CALIFORNIA
Fish and Game Commission
August 22, 2008
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relating to
Morro Bay State Marine Recreational Management Area, Elkhorn Slough State Marine
Reserve, and Dana Point State Marine Park, which will appear in the California
Regulatory Notice Register on August 22, 2008.
Ms. Marija Vojkovich, Marine Region, Department of Fish and Game, phone (805)
568-1246, has been designated to respond to questions on the substance of the
proposed regulations.
Please note the date of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Sincerely,
her Tiemann
Staff Services Analyst
Attachment
BUITP 0-IL-,__ly
AUG 2 6 2008
6,(A
TITLE 14. Fish and Game Commission
Notice of Proposed Changes imRegulations
NOTICE,IS HEREBY GIVEN that the Fish and Game Connrniaoimn (Connnlianion), pursuant to
the authority vested by2DO. 2O2. 2O3.1. 205/d. 21S. 220. 1590. 15S1. 2880. 2M01. and 075U.
Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code and to
implement, interpret ormake specific sections 2OO. 2O2. 2O3.1. 2U5(d. 21S. 22O. 158O. 15O3.
2861. 5521. 0653. 843OAe\. and O5OO. Fish and Game Code� and Sections 367OO(e). 3O710(e).
36725(a) and 30725(e). Public Resources Cuda. proposes toamend Section 632. Title 14,
California Code of Regulations, relating to Morro Bay State Marine Recreational Management
Area, Elkhorn Slough State Marine Reserve and Dana Point State Marine Park.
Informative Diggest/Policy Statement Overview
On April 13. 2007. the California Fish and Gonne Commission (Commission) adopted regulations
to implement marine protected areas (MP/\a) within the first study region being considered under
the Marine Life Protection Act (yN[PA. Stats. 1898. ch. 1015) Upon implementation of these
regulations, questions were raised regarding potentially unintended consequences of the new
regulations and errors inthe consistency mfone subsection.
Written testimony to the Commission from the City of Morro Boy naioed, among other |oeuea,
concerns regarding the regulatory impact on necessary harbor maintenance activities including
dredging
Harbor maintenance is required for the continued viability of the working harbor and is consistent
with the intent toavoid negative socio-economic impacts. The proposed regulation would
specifically state that dredging under existing permitting frameworks is allowed-, and a||nvv
maintenance and cleaning ofvessel hulls and man-made structures including the removal of
living marine resources from those structures.
Department of Fish and Game enforcement staff noted after implementation of the new MPAs
that by rounding the northern boundary coordinate in the Elkhorn Slough State Marine Reserve
tothe nearest half minute oflatitude, enexisting shoreline fishing access point atKirby Park was
unintentionally closed. The existing regulation lists the northern boundary ma3Gdegrees 5O.5D'
North latitude. The proposed change would move this boundary toits originally intended
location of 36degrees 5O.40' North latitude, ochange of approximately 55Ofeet, inorder to
continue to allow fishing at the only public access point in upper Elkhorn Slough at Kirby Park
/Figure 1\.
Existing regulations in the Dana Point State Marine Conservation Area include restrictions on
entry into the area for the purpose of taking nnehne |ife, allow for the appointment of e Director of
the Dana Point State Marine Conservation Area, and provide authority for the Director to permit
certain activities. The existing regulations, however, were not updated to reflect the current
designation aeastate marine conservation area. This leads tnconfusing language that refers to
a previous "State Marine Park" designation which is no longer appropriate. The proposed
changes remove these incorrect references in subsections 632(b)(89)(C) through (G) and
replace them with the correct designation of state marine conservation area.
The regulations as proposed in stri keout-underline format, as well as an initial statement of
reasons, including environmental considerations and all information upon which the proposal is
based (rulemaking fi|e), are on file and available for public review from the agency
representative, John Carlson, Jr., Executive Director, Fish and Game Commission, 1416 Ninth
Street, Box 9442O9. Sacramento, California 84244'2U9O. phone (S18) 653-4889. Please direct
requests for the above mentioned documents and inquiries concerning the regulatory process to
Sheri Tiemannetthe preceding address nrphone number. yNar'a V 'kmvich, RNarineRegion,
phone (805) 568-Y24G. has been designated tmrespond toquestions onthe substance of
the proposed regulations. Copies of the Initial Statement of Reaoonn, including the regulatory
language, may beobtained from the address above. Notice ufthe proposed action shall be
posted on the Fish and Game Commission website at hftp://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 beavailable tothe public for atleast 15days prior tothe 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 202ofthe Fish and Game Code. Regulations adopted pursuant tothis
section are not subject to the time periods for adoption, amendment or repeal of regulations
prescribed inSections 11343.4. 11348.4and 11346Bofthe Government Code. Any person
interested may obtain a copy of said regulations prior tothe 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 ithas been received from the agency program staff.
Impact of RegulatorV Action
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
tothe 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 Department does not believe that the proposed action will have a significant
statewide adverse economic impact directly affecting businesn, including the ability of
California businesses to compete with businesses in other states.
(b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New
Businesses orthe Elimination ofExisting Businesses, orthe Expansion ofBusinesses in
California: None
(c) Cost Impacts onoRepresentative Private Person orBusinema�
Themgenoyionotavvanaofonycootinnpo/tsthadanepnaaentotiwephvahepereonnr
business would necessarily incur inreasonable compliance with the proposed action.
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