HomeMy WebLinkAboutFish and Game Commission Notice - Groundfish and other species Commissioners STATE OF CALIFORNIA Valerie"termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr.,Governor 1416 Ninth Street,Room 1320
Saint Helena Sacramento,CA 95614
Jacque Hostler-Carmesin,Vice President (916)653-4899
McKinleyville Fish and Game Commission www.fgc.ca.gov
Anthony C.Williams,Member
Huntington Beach
Russell Burns,Member
Napai:�a..
Peter Silva,Member
Chula Vista :-
Wildlife Heritage and Conservation
Since 7870
September 15, 2016
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
amending subsections (a) and (b) of Section 27.20, Sections 27.25, 27.30, 27.35,
27.40, 27.45, 27.50, 28.27, 28.49, and 28.55; and adding Section 28.47, Title 14, CCR,
relating to recreational fishing regulations for federal groundfish and associated species
for consistency with federal rules for 2017 and 2018, which will be published in the
California Regulatory Notice Register on September 16, 2016.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Additional information and all associated documents may be found on the Fish and
Game Commission website at.hftp://www.fgc.ca.gov/regulations/2016/index.aspx.
Joanna Grebel, Marine Region, Department of Fish and Wildlife, (831) 601-2279,
has been designated to respond to questions on the substance of the proposed
regulations.
Sincerely, �n
a��v` Jlti�nn�
Sherrie Fonbuena
Associate Governmental Program Analyst
Attachment
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, 702, 7071 and 8587.1, of the Fish and
Game Code and to implement, interpret or make specific Sections 200, 202, 205, 220, 1802,
7071 and 8585.5, Fish and Game Code; Title 50, Code of Federal Regulations, Part 660,
Subpart G; and Section 27.20, Title 14, California Code of Regulations (CCR), proposes to
amend subsections (a) and (b) of Section 27.20, Sections 27.25, 27.30, 27.35, 27.40, 27.45,
27.50, 28.27, 28.49, and 28.55; and add Section 28.47, Title 14, CCR, relating to recreational
fishing regulations for federal groundfish and associated species for consistency with federal
rules for 2017 and 2018.
Informative DigestlPolicy Statement Overview
Biennially, the Pacific Fishery Management Council (PFMC) reviews the status of west coast
groundfish populations. As part of that process, it recommends groundfish fisheries regulations
aimed at meeting biological and fishery allocation goals specified in law or established in the
Pacific Coast Groundfish Fishery Management Plan (FMP).
These recommendations coordinate west coast management of recreational and commercial
groundfish fisheries in the Exclusive Economic Zone (EEZ) (three to 200 miles offshore) off
Washington, Oregon and California. These recommendations are subsequently implemented as
federal fishing regulations by the National Marine Fisheries Service (NMFS).
For consistency, the Commission routinely adopts sportfishing regulations to bring State law into
conformance with federal law for groundfish and other federally-managed species.
Current regulations establish season lengths, depth constraints, methods of take, and size, bag
and possession limits within the five groundfish management areas for all federal groundfish and
associated species.
Summary of Proposed Amendments
The Department of Fish and Wildlife (Department) is proposing the following regulatory changes
to be consistent with PFMC recommendations for federal groundfish regulations in 2017 and
2018. This approach will allow the Commission to adopt State recreational groundfish
regulations to timely conform to those taking effect in federal ocean waters in January 2017.
The proposed regulatory changes will implement the following changes:
1. Seasons and Depths
A. Extend the season length in the Northern and Mendocino Management Areas;
B. Increase the allowable depth in the Northern, San Francisco and Central
Management Areas;
C. Allow for the take of all species with no depth restrictions November 1 through
December 31 in the Northern and Mendocino Management Areas;
2. Bag Limits
A. Increase the bag limit for canary rockfish from zero to one fish;
B. Decrease the bag limit for black rockfish from five to three fish;
C. Eliminate the three fish sub-bag limit for bocaccio;
D. Decrease the bag limit for lingcod from three to two fish;
3. Allow petrale sole and starry flounder to be retained year round at all depths;
4. Clarifications
A. Clarify language pertaining to Rockfish Conservation Areas; and
B. Clarify and make consistent other provisions of the regulations.
The benefits of the proposed regulation changes are consistency with federal law, sustainable
management of groundfish resources and promotion of businesses that rely on recreational
groundfish 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 (Fish and Game Code, Sections 200, 202 and 205). The proposed regulations are
consistent with regulations for sport fishing in marine protected areas (Section 632, Title 14,
CCR), with Nearshore Fishery Management Plan regulations (Sections 52.00 through 52.10,
Title 14, CCR) and with sport fishing regulations in Chapters 1 and 4 of Subdivision 1 of
Division 1, and Section 195, Title 14, CCR. Conimission staff has searched the California Code
of Regulations and has found no other State regulations related to the recreational take of
groundfish.
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 Red Lion Hotel, 1929 4th Street
Eureka, California, on Wednesday, October 19, 2016, 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 hearing to be held in the Hilton Garden Inn San Diego Mission
Valley/Stadium, 3805 Murphy Canyon Road, San Diego, California, on Wednesday,
December 7, 2016, at 8:00 a.m., or as soon thereafter as the matter may be heard. Written
comments mailed to the address given below or emailed to FGC@fgc.ca.gov must be
received before 12:00 noon on December 2, 2016. All comments must be received no later
than December 7, 2016, at the hearing in San Diego, California. If you would like copies of
any modifications to this proposal, please include your name and mailing address.
Availability of Documents
Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the
regulations in underline and strikeout format can be accessed through our website at
www,fgc.ca.gov. The regulations as well as all related documents upon which the proposal is
based (rulemaking file), are on file and available for public review from the agency
representative, Valerie Termini, 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
Valerie Termini or Sherrie Fonbuena at the preceding address or phone number. Senior
Environmental Scientist, Joanna Grebel, Department of Fish and Wildlife, has been
designated to respond to questions on the substance of the proposed regulations.
Ms. Grebel may be reached at(831) 601-2279 or Joanna.Grebel@wildlife.ca.gov.
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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.
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 Re ulato Action/Results of the Economic Impact Assessment
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 increased opportunities for the
recreational groundfish fishery in 2017-2018 compared to 2016.
(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 any significant impacts on the creation or
elimination of jobs, the creation of new business, the elimination of existing businesses
or the expansion of businesses in California.
The Commission anticipates benefits to the health and welfare of California residents.
Providing increased fishing opportunities for groundfish encourages recreation, which
can have a positive impact on the health and welfare of California residents. Groundfish
taken in the sport fishery and later consumed may have positive human health benefits.
The Commission does not anticipate any benefits to worker safety.
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The Commission anticipates benefits to the environment. The proposed management
actions include increased fishing opportunity, along with the continuation of the
reasonable and sustainable management of recreational groundfish resources and the
protection of listed and special status species. Adoption of scientifically-based seasons,
depth restrictions, and recreational bag limits provide for the maintenance of sufficient
populations of groundfish to ensure their continued existence.
(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, 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
Valerie Termini
Dated: September 2, 2016 Executive Director
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