HomeMy WebLinkAboutFish and Game - Commercial Halibut Trawl Gear COMMISSIONERS
Cindy Gustafson,President ARNOLD SCHWARZENEGGER JOHN CARLSON,JR
Tahoe City EXECUTIVE DIRECTOR
Jim Kellogg,Vice President 1416 Ninth Street
Concord Box 944209
Richard Rogers,Member Sacramento,CA 94244-2090
Carpinteria (916)653-4699
Michael Sutton,Member (916)653-5040 Fax
Monterey 4D
Governor fgc a fgc.aa.gov
Daniel W.Richards,Member
Upland ORO
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STATE OF CALIFORNIA MAR
Fish and Game Commission >-r ���
CA.0FORIVIA
March 25, 2009
TO ALL AFFECTED AND INTERESTED PARTIES:
This is to provide you with a copy of the continuation notice of proposed regulatory
action relative to Section 124, Title 14, California Code of Regulations, relating to
commercial halibut trawl gear, which will be published in the California Regulatory
Notice Register on March 27, 2009.
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
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O�4s<q ?P R 0 ? 2009
TITLE 14. Fish and Game Commission
Notice of Proposed Changes in Regulations
Continuation of California Notice Register 2009, No. 8-Z,
and Meetings of February 5 and March 5, 2009.)
(NOTE: See Updated Informative Digest changes shown in bold face type.)
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to
the authority vested by sections 8841 and 8495, of the Fish and Game Code and to implement,
interpret or make speck sections 8392, 8494, 8495, 8496, 8497, 8830, 8831, 8837, 8840,
8841 and 8843, of said Code, proposes to amend Section 124, Title 14, California Code of
Regulations, relating to commercial halibut trawl fishing.
Updated Informative Digest/Policy Digest/PolicyStatement Overview
The Fish and Game Commission (Commission) has stated its intent to provide for a sustainable
trawl fishery within the California Halibut Trawl Grounds (CHTG), which are located in certain
sections of state waters between one and three nautical miles from the mainland shore between
Point Arguello and Point Mugu. Existing law establishes the open season for trawling within the
CHTG from Jane 16 to March 14, inclusive. In addition, existing law establishes the minimum
mesh size (7.5 inches), length (29 meshes), and circumference (47 meshes) of the cod end of
any trawl net used within the CHTG. Existing law also allows the use of a double cod end only if
it is hung and tied to each rib line of the trawl so that the knots of each layer.coincide, knot for
knot, for the full length of the double layers. The double mesh section shall not measure over
25 meshes or 12 feet in length, whichever is greater. These laws contribute to the sustainability
of the fishery and they will continue to apply whether or not additional new gear restrictions are
adopted.
The Commission has also stated its intent to minimize the impact from trawling on the soft-
bottom habitats in which the fishery operates. The Southern California Trawlers Association
(SCTA) has proposed a definition for"light touch" trawl gear which would meet the stated
intentions of the Commission. The proposed regulations, including a definition of"rollers"
and "bobbins", are as follows:
(b) Gears. Special gear requirements apply while trawling for California halibut in the California
Halibut Trawl grounds. Each trawl net, including trawl doors and footrope chain, shall meet the
following requirements:
(1) Each trawl net shall have a headrope not exceeding 90 feet in length. The headrope is
defined as a chain, rope, or wire attached to the trawl webbing forming the leading edge of the
top panel of the trawl net. Headrope shall be measured from where it intersects the bridle on
the left side of the net to where it intersects the bridle on the right side of the net.
(2) The thickness of the webbing of any portion of the trawl net shall not exceed 7 millimeters in
diameter.
(3) Each trawl door shall not exceed 500 pounds in weight.
(4)Any chain attached to the footrope shall not exceed one quarter inch in diameter of the link
material. The footrope is defined as a rope or wire attached to the trawl webbing forming the
leading edge of the bottom panel of the trawl net.
(5) The trawl shall have no rollers or bobbins on any part of the net or footrope. Rollers or
bobbins are devices made of wood, steel, rubber, plastic, or other hard material that
encircle the trawl footrope. These devices are commonly used to either bounce or pivot
over seabed obstructions, in order to prevent the trawl footrope and net from snagging
on the seabed.
NOTICE 1S GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held in the Wine and Roses Country Inn, Garden
Ballroom, 2505 West Turner Road, Lodi, California, on Thursday, April 9, 2009, at 8:30 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 hearing to be held in the Resources Building Auditorium,
1416 Ninth Street, Sacramento, California, on Thursday, May 14, 2009, at 8:30 a.m., or as soon
thereafter as the matter may be heard. It is requested, but not required, that written comments
be submitted on or before May 8, 2009 at the address given below, or by fax at (916) 653-5040,
or by e-mail to FG_ C(&-fac_ca.gov. Written comments mailed, faxed or e-mailed to the
'Commission office, must be received before 5:00 p.m. on May 12, 2009. All comments must be
received no later than May 14, 2009 at the hearing in Sacramento, CA. 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, John Carlson, Jr., 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
John Carlson, Jr., or Sherrie Fonbuena at the preceding address or phone number. Ms. Marija
Vojkovich, Regional Manager, Marine Region, Department of Fish and Game,
(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.
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 maybe obtained from the
address above when it has been received from agency program staff.
Impact of Regulatory 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
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 proposed regulation will only apply to approximately 12-
15 commercial halibut trawl vessel operators.
(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 Commission 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.
(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. The
Commission has drafted the regulations in Plain English pursuant to Government Code sections
11342.580 and 11346.2(x)(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 or would be as
effective and less burdensome to affected private persons than the proposed action..
FISH AND GAME COMMISSION
Jon K. Fischer
Date: March 17, 2009 Deputy Executive Director