HomeMy WebLinkAboutFish & Game Notice 09.24.08 - Fishing Regulations CONINUSSiONERS
Richard Rogers.President ARNOLD SCHNN ARZAAEGGER J011N CARLSONAR.
Carpinteria C'(
XFT1%F DIRECTOR
CindN GustaBon,Vicc President 1410 \wih Sheer
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Jim Kellogg. %leniher Nacramew", CA )12,11-109O
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Michael Sutton,tilcmhci0916"0`-1 04()bax
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Daniel NN.Richards,%1cmhc,-
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Fish and Game Commission
September 24, 2008
TO ALL AFFECTED AND INTERESTED PARTIES.-
This is to provide you with a copy of the notice of proposed regulatory action
relative to sections 27.20, 27.25, 27.30, 27.32, 27.35, 27.40, 27.45, 27.50, 27.51,
28.26, 28.27, 28.28, 28.29, 28.48, 28.49, 28.51, 28.52, 28.53, 28.54, 28.55, 28.56,
28.57 and 28.58, Title 14, California Code of Regulations, relating to recreational
fishing regulations for federal groundfish and associated species for 2009 and
2010, which will be published in the California Regulatory Notice Register on
September 26, 2008.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Ms. Marija Vojkovich, Regional Manager, 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.
Sincerely,
Sherrie Fonbuena
Associate Governmental Program Analyst
Attachment
TITLE 14. Fish and Game Commission
Notice ofProposed Changes inRegulations
NOTICE IS HEREBY GIVEN that the Fish and Gunno Commission (Commission) pursuant tothe
authority vested bysections 2O0. 2U2. 2O5. 21U. 215. 22O. 7O2. 7O71and 8GO7.1ofthe Fish and Game
Code and hrimplement, interpret ormake specific sections 2OO. 2O2' 2O5. 20G. 21O. 215. 22O. 18O2.
7O71. 8585-5. and 8SOSofthe Fish and Game Code, 5DCFR Part G6O. Subpart G, 5OCFR 86O-384 and
Title 14 CCR 2720. proposes tuamend sections 27.20, 27-25. 27.30. 27.35, 27A0. 27.45, 27.50. 27.51.
28.28, 28.27, 2828, 28.29. 28.48. 28.49. 28.51, 2&52. 28.53, 28-54, 28-55, 28.58. 2857, and28S8, and
add Section 27-32, Title 14. California Code ofRegulations, relating to recreational fishing regulations for
federal Qroundfishand associated species for 2DOQand 201D.
Informative Digest/Policy Statement Overview
Under California |avv. the California Rah and Gmrna Commission (Commission) adopts
regulations for recreational fishing in state waters zero (othree miles from shore. The Pacific
Fishery Management Council (Counoi/), consisting nfrepresentatives from west coast otates,
recommends management measures for fisheries operating in federal waters 3 to 200 miles
from shore. These management measures are established asfederal regulations byNOA\
Fisheries Service. For consistency, ease of enforcement, and to avoid confusion on the part of
recreational fishermen, the Commission routinely adopts regulations to bring state law into
conformance with federal rules for groundfish and other federally-managed species, The
proposed changes described in this action vvnu/d make the requisite changes for the 2009 and
2010 seasons.
There are 90 species of groundfish that occur in state and federal waters off the coast of
California, including several species of rockfish, hngcod, oabezon, kelp gnoun|ing. California
soorpionfiah. some flatfish species, and some shark species. These "federal 0roundfiah^
species are managed by the Council under the Pacific Coast Federal Gnoundfieh Fishery
Management Plan (GFW1P) (Magnuson-Stevens Fisheries and Conservation Act 16 U.S.0
Section 1851 staeq.).
California Sheephead. ocean whitefish and all gnaan|inga of the genus /fexagns/nrnos are
species that occur almost exclusively within state waters in California and are managed by the
Department ofFish and Game (Oepartnnent). These state-managed species, otherwise
identified as "associated species" are known to be caught with federal groundfish species, and
thus are regulated inconjunction vvithfedena| gnnundfiah.
At its June meeting, the Council adopted new optimum yields for some federal groundfish
species along with harvest guidelines for the different fishery sectors for 2009 and 2010.
Management measures (e.g., seasons, depth constraints, bag |innito) were also decided by the
Council to keep within these optimum yields and harvest guidelines for each state and sector.
Analysis of past years' catch is used to determine which management measures are expected to
keep each fishery sector within its harvest guideline.
Optimum yields set by the Council are based on stock assessments (analyses of current
population size), orifa stock assessment is not available, average recent catches are used as a
proxy, and are set tnmaintain healthy stocks. /f8stock assessment reveals that the current
population size is at or ba|ovv 25 percent of the unfiShed biomass (the historic population oize\, it
iaconsidered ''Overf|oh8d" Federal law requires that steps bataken torebuild overfished stocks
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Table 1. Proposed season structure and depth restrictions for the California recreational groundfish
fishery for 2009 and 2010, adopted for federal waters by the Council in June 2008,
Management Area Jan Feb Mar Apr May I Jun I Jul I Aug Sep Oct Nov Dec
Northern Open<20 fm,May 15-Sep 15
North-Central N of Pt.Arena Open<20 fm
May 15-Aug 15
North-Central S.of Pt.Arena Open<30 fm,Jun 13-Oct 31
Monterey South-Central Open<40 fm,May 1 -Nov 15
Morro Bay South-Central Open<40 fm.May 1 -Nov 15
Southern Open<60 fm. Mar 1 -Dec 31
• Modifications to Section 27.25, Northern Groundfish Management Area.
The Department took emergency action in August 2008 (OAL#2008 0815 04E) to establish a
May 1 through September 2 season with a maximum depth restriction of 20 fathoms (120 feet)
for groundfish and associated species. Proposed regulations would change the fishing season,
for the waters between the Oregon border and the 400 10' North Latitude management line near
Cape Mendocino (Humboldt County), for all groundfish and associated species by modifying the
season length to May 15 through September 15. The proposed regulations would also make
permanent the maximum depth restriction of 20 fathoms (120 feet) implemented through the
emergency action. These changes are necessary to keep yelloweye rockfish catch within the
harvest guideline as discussed above.
• Modifications to Section 27.30, North-Central Groundfish Management Area.
The Department took emergency action in August 2008 (OAL#2008 0815 04E) to split the
North-Central Management Area into two distinct regions -the North-Central North of Point
Arena Groundfish Management Area, for waters between the 400 10' North Latitude
management line and Point Arena (38° 57.50' North Latitude; Section 27.30, Title 14, CCR), and
the North-Central South of Point Arena Groundfish Management Area, for waters between Point
Arena and Pigeon Point (San Mateo County; see below; modifications to Section 27.32, Title 14,
CCR). Additionally, the emergency action established a maximum depth restriction of 20
fathoms (120 feet) for groundfish and associated species and a June 1 through November 30
season. The proposed regulations would make the 20 fathom maximum depth restriction
permanent, and would modify the fishing season to May 15 through August 15. Splitting the
North-Central Management Area into two regions would allow for differing regulations north and
south of Point Arena, and allow for finer-scale regional management. The take of yelloweye
rockfish north of Point Arena is significantly higher than that south of Point Arena.
The August 2008 emergency action (OAL# 2008 0815 04E) removed regulations pertaining to
the Farallons Closure Area, the Cordell Bank Closure Area, and the exception allowing the year-
round take of leopard shark in several bays from this section and relocated them to Section
27.32, because these rules do not apply within the re-defined geographic range of this
management area. The proposed regulation would make permanent the restructuring of the
management areas, with their respective closure areas and leopard shark exception.
Modifications to Section 27.32, North-Central South of Point Arena Groundfish Management
Area.
The Department took emergency action in August 2008 (OAL#2008 0815 04E) to establish
Section 27.32 with regulations pertaining to the waters between Point Arena (Mendocino
County) and Pigeon Point (San Mateo County). These regulations include a June 1 through
November 30 season for groundfish and associated species, along with a maximum 30 fathom
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0 Modifications to Section 28.55(b)(1). Bag Limit for Bronzespotted Rockfish.
Proposed regulations would include the bronzespotted rockfish (Sebastes gi/11) as aprohibited
/ucm/uh species (no retention, orbag limit cnz8nn) The bronzeSpottedrockfish |anot described
as an overfished species because there has not been a formal stock assessment completed;
hovvever, anecdotal information suggests its abundance may be low. The proposed change was
adopted by the Council as a precautionary measure for 2009 and 2010 to protect bronzespotted
rockfish until more information becomes available.
* Modifications to Section 28.55(b)(3), Baq Limit for Bocaccio.
Existing regulations provide for differing bag limits within the RCG bag limit for bocaccio north
and south of the 400 10' North Latitude management line, with a two fish bag limit in the
Northern Management Area, and a one fish bag limit in the remaining management areas,
except that there is a zero fish bag limit in the Cowcod Conservation Area. Proposed
regulations would allow for a statewide two fish bag limit within the 10 fish RCG bag limit; the
zero fish ~ limit in the _ -'--- Conservation Area -~~.. .~...~.. ...~..~.g... The ^"""`,,."e .
b000cdooptimum yield increased for 2OO9 and 2U1D; therefore the statewide recreational
fishery can retain two fish while remaining within the bocaocio harvest guideline. The proposed
action could reduce impacts on other fish that would be caught to replace discarded bocaccio,
decrease waste of discarded dead bocaccio, and allow for the same limit statewide.
Modifications to Sections 27.25 Northern Groundfish Management Area: 27.30 North-Central
Groundfish Management Area: 27.35 Monterey South-Central Groundfish Management Area.-
27.40 Morro Bay South-Central Groundfish ManagementArea,- 27.45 Southem Groundfish
Management Area: 27.50 Cowcod Conservation Areas; and, Sections 28.48 Pacific Sanddab,
Rock Sole, Sand So_/e Butter Sole, CurIfin Sole. Rex Sole and Flathead Sole, Pertaining
the Elimination of Gear Restrictions when Fishing for Sanddabs and Other Flaffish.
Existing regulations allow banUUaUeand "Other Flatfish" to betaken in the California
recreational fishery when fishing for rockfish, lingcod, and associated species is closed and in
depths where fishing for rockfish is prohibited, providing that anglers are limited to not more than
12 No. 2orsmaller hooks and uptotwo pounds ofweight. ANo. 2hook means 3fishing hook
with ogap not greater than 7/18inch between the hook point and the shank. These regulations
were implemented in 2004 to reduce bycatch of overfished rockfish species. The specified gear
is the standard gear used for targeting sanddabs regardless of whether the rockfish season is
open orclosed.
The Department analyzed the merits and shortcomings of the sanddab and "Other Flatfish" gear
restrictions. The analysis revealed that there has been no appreciable change to impact rates
on overfished ap8oias, or any species of the genus 8obmstes, before and after gear restrictions
were implemented and that impacts are presently negligible. Additionally, both California
Recreational Fisheries Survey samplers and party/charter boat operators indicated that the
bycatch of rockfish species while fishing for sanddabs and "Other Flatfish" is minimal. For
regulation simplicity, the Council repealed the aforementioned gear restrictions pertaining to
sanddebSand "Other Hatfioh" The proposed regulatory changes would conform toaction taken
bythe Council.
a C/ari6�0q Changes to Section 27.20(a) Pertaininq to the Definition of"Depth Constraint".
c^/uu//H /eHu/muu//s provide the oenmumn of depth constraint as based on either general depth
contour lines ora set offederal vvaypointa. Proposed regulations would clarify that the
Department uses two different definitions of"depth constraint" depending on whether fishing is
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language, may beobtained from the address above. Notice ofthe 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.
Circumstances beyond the control of the {|0norniseion (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 2O2ofthe 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. 11346.4and 1134G.8ofthe 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.
|fthe regulatory proposal isadopted, the final statement ofreasons may beobtained from the
address above when ithas been received from the agency program staff.
Impact of RequlatorV Action
The potential for significant statewide adverse economic impacts that might result from the
proposed regulatory action has been amsesoed, and the following initial determinations relative
to the required statutory categories have been made:
(a) Significant Statewide Adverse Economic |nnpoot Directly Affecting Business, Including
the Ability of California Businesses to Compete with Businesses in Other States:
The range ofproposed management actions that would limit recreational groundfiah
fishing in one or more of the Groundfish Management Areas for one or more species of
fish may have adverse impacts tosome businesses inCalifornia. Sport fishing business
owners. boat owners, tackle store owners, boat rnanuf@otunera, vendors of food, boit, fuel
and lodging, and others that provide goods or services to those that recreationally pursue
groundfish off California may be adversely affected to some degree from loss of business
if the 2009 and 2010 seasons are restricted compared to previous management cycles.
However, anticipated impacts are speculative and would vary considerably by geographic
location and bythe nature and extent ofthe regulatory action taken. Additionally, it
should be noted that the proposed regulatory actions would not apply to those
recreationally targeting groundfish from shore or by diving, which would lessen impacts to
some businesses such oodive and kayak shops.
Furthermore, while some coastal areas rely more heavily on boat-based sport groundfish
fishing activiiy, there are other areas in which it comprises only 8 snnm|l amount of the
overall fishing effort- For 2OO7. the Department estimates that recreational anglers in
ocean waters throughout California made about 37million fishing trips. |tiSnot possible
to approximate how many of these trips would not be taken exclusively as a result of the
proposed regulatory action. |tiaimportant torecognize that inall coastal areas of
California there is still recreational ocean fishing opportunity for other desirable target
species that are not managed as part of the groundfish complex- namely albacore,
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Effect on Small Business
|ihas been determined that the adoption ofthese regulations mayaffect small business. The
Commission has drafted the regulations in Plain English pursuant to Government Code sections
11342.580 and 11 346.2(a)(1).
Consideration of Alternatives
The Commission must determine that noreasonable alternative considered bythe 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: September 15, 2008 Executive Director
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