HomeMy WebLinkAboutFish & Game Notice 12.26.14 - Ocean Salmon Sportfishing Commissioners STATE OF CALIFORNIA
Michael Sutton,President Edmund O. Brown Jr.,,Governor Sonke Mastrup,Executive Director
Monterey 1416 Ninth Street,Room 1320
,sack Baylis,Mice President Sacramento,CA 95814
Los Angeles (916)653-4899
Jim Kellogg,Member Fish (916)653-5040 Fax
Discovery Bay
Richard Rogers,Member www.fgc.ca.gov
Santa Barbera ;a�� •»
,Jacque Hostler-carmesin,Member
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[december 20, 2014
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TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
sections 1.73 and. 27.75, and subsection (c) of Section 27.80, Title 14, California Code
of Regulations, relating to ocean salmon Sport fishing, which will be published in the
California Regulatory Notice Register on December 26, 2014.
This is the first of two notices relating to ocean salmon sport fishing and pertains to the
ocean salmon sport fishing regulations for April 2015(subsection 2.7.80(c)), recovery of
coded-wire tags from salmon heads (Section 1.78) and coordinates of ocean salmon
fishery closures around river mouths (Section 27.75). A separate notice pertaining to the
remainder of the 2015 ocean salmon sport fishing regulations wiill also be published in
the California Regulatory Notice Register on December 26, 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 of the Marine Region, t (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
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SAN. M
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, 220, 240, 316.5, and 2084 of the Fish and Game
Code, and to implement, interpret or make specific sections 200, 202, 205, 215, 220, 316.5,
2084, and 7060 of said Code, proposes to amend sections 1.73 and 27.75, and subsection (c)
of Section 27.80, Title 14, California Code of Regulations, relating to ocean salmon recreational
fishing —April season, recovery of coded-wire tag from salmon heads, and ocean salmon fishery
closures around river mouths.
Informative DigestlPolicv Statement Overview
The Pacific Fishery Management Council (PFMC) coordinates west coast management of
recreational and commercial ocean salmon fisheries in the federal fishery management zone
(three to 200 miles offshore) along the coasts of Washington, Oregon and California. The
annual PFMC ocean salmon regulation recommendations are subsequently implemented by the
National Marine Fisheries Service (NMFS) effective on May 1 of each year.
California's recreational salmon fishing regulations need to conform to the federal regulations to
achieve optimum yield in California under the Federal Salmon Fishery Management Plan. The
Fish and Game Commission (Commission) adopts regulations for the ocean salmon recreational
fishery in State waters (zero to three miles offshore) which are consistent with these federal
fishery management goals.
Present Regulations
Regulations for 2014 [subsections 27.80 (c) and (d)] authorized ocean salmon recreational
fishing seven days per week north of Horse Mountain including Humboldt Bay from May 10 to
September 7, 2014. Between Horse Mountain and Pigeon Point, ocean salmon recreational
fishing was authorized seven days per week from April 5 to November 9, 2014. Areas south of
Pigeon Point had an ocean salmon recreational fishing season seven days per week from
April 5 to October 5, 2014. The bag limit for all areas in 2014 was two fish per day (all species
except coho). The area north of Horse Mountain and the areas south of Pigeon Point had a
minimum size limit of 24 inches total length. The area between Horse Mountain and Point Arena
had a minimum size limit of 20 inches total length. The area between Point Arena and Pigeon
Point had a minimum size limit of 24 inches total length through June 30, 2014 and 20 inches
total length thereafter
On May 1, 2014, NMFS implemented the 2014 federal ocean salmon regulations, which
included the PFMC's recommendation to open the California ocean salmon recreational fishing
season south of Horse Mountain on April 4, 2015. While federal waters south of Horse Mountain
will open on April 4, 2015, State waters in this area will not open unless the Commission takes
regulatory action to do so.
Present regulations in Section 1.73 define salmon, at the species level, as Chinook, coho, pink,
chum and sockeye.
Present regulations in Section 27.75 specify that salmon may not be taken within 3 nm north,
south and west of the mouths the Smith and Klamath rivers; that salmon may not be taken in
August and September within 2 nm north, south and west of the mouth of the Eel River; and that
salmon may not be taken in August within 6 nm north and south and 3 nm west of the mouth of
the Klamath River.
Proposed Regulations
Two separate Commission actions are necessary to conform the State regulations to federal
rules that will apply in 2015. The current proposed action would amend subsection 27.80 (c),
establishing salmon fishing regulations for the month of April 2015. Recreational salmon fishing
regulations for May 1 through the end of 2015 will be considered in the second rulemaking
action, tentatively scheduled for adoption in April 2015.
For public notice purposes to facilitate Commission discussion, the Department of Fish and
Wildlife (Department) is proposing the following regulations to encompass the range of federal
ocean salmon regulations that are expected to be in effect April 4 through April 30, 2015. This
approach will allow the Commission to adopt State ocean salmon recreational fishing regulations
to conform to those in effect in federal ocean waters.
(1) North of Horse Mountain and in Humboldt Bay: The fishery shall remain closed in this area
during April. The remainder of the 2015 season will be decided in April by the PFMC and
Commission and the section will be amended pursuant to the regulatory process.
(2) South of Horse Mountain: The season, if any, may open on a date within the range of
April 4 through April 30, 2015. The proposed daily bag limit will be from zero to two fish,
and the proposed minimum size will be from 20 to 26 inches total length. The exact
opening dates, along with daily bag limit, minimum size, and days of the week open may
be different for each subarea and will be determined by the Commission, considering
federal regulations applicable to each subarea for April 2015.
The proposed regulations in Section 1.73 will add a requirement to relinquish the head of any
recreationally caught salmon, upon request by an authorized agent or employee of the
Department.
The proposed regulations in Section 27.75 will include specific latitude and longitude
coordinates that define existing river mouth area closures of the Smith, Klamath, and Eel rivers
to ocean salmon fishing.
Other changes are proposed to clarify the existing regulations.
The benefits of the proposed regulations are concurrence with federal law, sustainable
management of ocean salmon resources, regulatory clarity, and promotion of businesses that
rely on recreational ocean salmon 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 (Sections 200, 202 and 205, Fish and Game Code) and salmon sport
fishing regulations specifically (Section 316.5, Fish and Game Code). 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 salmon in the ocean.
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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 Resources Building Auditorium, 1416 Ninth
Street, Sacramento, California, on Wednesday, February 11, 2015, 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 teleconference originating in the Fish and Game Commission
conference room, 1416 Ninth Street, Suite 1320, Sacramento, California, on Monday, March 16,
2015, at 8:30 a.m., or as soon thereafter as the matter may be heard. Interested persons may
also participate at the following locations: Department of Fish and Wildlife, Conference Room,
50 Ericson Court, Arcata, California; Department of Fish and Wildlife, Conference Room,
20 Lower Ragsdale Drive, Suite 100, Monterey, California; Department of Fish and Wildlife,
Conference Room; 1933 Cliff Drive, Suite 9, Santa Barbara, California; and Department of Fish
and Wildlife, Conference Room, 4665 Lampson Avenue, Los Alamitos, California. Written
comments may be submitted at the address given below, or by fax at (916) 653-5040, or by
e-mail to FGC(cDfgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission
office, must be received before 5:00 p.m. on March 13, 2015. All comments must be received no
later than March 16, 2015, at one of the teleconference hearing locations listed above. 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. Dr. Craig
Shuman, Region Manager of the Marine Region, 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.
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.
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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 statewide adverse economic impact
directly affecting business, including the ability of California businesses to compete with
businesses in other states. The Commission anticipates status quo fishing levels for April
2015 as compared to the April 2014 ocean salmon sport fishing season.
(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 that the proposed regulations will have any impact
on the creation or elimination of jobs, the creation or elimination of businesses or the
expansion of businesses in California.
The Commission anticipates benefits to the health and welfare of California residents.
Salmon sport fishing contributes to increased mental health of its practitioners, provides
opportunities for multi-generational family activities and promotes respect for California's
environment by the future stewards of California's natural resources.
The Commission anticipates benefits to the State's environment in the sustainable
management of salmon resources.
Additional benefits of the proposed regulations are concurrence with federal law, and
promotion of businesses that rely on recreational ocean salmon fishing.
The Commission does not anticipate benefits to worker safety.
(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.
(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.
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(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: December 16, 2014 Executive Director
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