HomeMy WebLinkAboutFish and Game Commission notice - tribal take in north coast BUTTF COUNTY
ADMINISTRATION
Commissioners STATE OF CALIFORNIA OCT 05 201&alerie Termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr.,Governor 1416 Ninth Street, Room 1320
Saint Helena CALIFORNIAacramento,CA 95814
Jacque Hostler-Carmesin,Vice President OROViLLE, (916)653-4899
McKinleyville Fish and Game Commission www,fgc.ca.gov
Anthony C.Williams,Member
Huntington Beach
Russell E.Burns,Member
Napa ;:,,
Peter S.Silva,Member
Chula Vista
Wildlife Heritage and Conservation
Since 9870
October 5, 2016
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a copy of the notice of proposed regulatory action relative to
Section 632, Title 14, California Code of Regulations, relating to tribal take in north
coast marine protected areas, which will be published in the California Regulatory
Notice Register on October 7, 2016.
Please note the date of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Sincerely,
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(c), 220, 240, 1590, 1591,
2860, 2861 and 6750, Fish and Game Code; and Sections 36725(a) and 36725(e),
Public Resources Code, and to implement, interpret or make specific Sections 200,
202, 205(c), 220, 240, 2861, 5521, 6653, 8420(e) and 8500, Fish and Game Code; and
Sections 36700(e), 36710(e), 36725(a) and 36725(e), Public Resources Code,
proposes to amend Section 632, Title 14, California Code of Regulations, relating to
tribal take in north coast marine protected areas.
Informative Digest/Policy Statement Overview
The Marine Life Protection Act (Fish and Game Code Sections 2850-2863) established
a programmatic framework for designating marine protected areas (MPAs) in the form
of a statewide network. The Marine Managed Areas Improvement Act (Public
Resources Code Sections 36600-36900) standardized the designation of marine
managed areas (MMAs), which include MPAs. The overriding goal of these acts is to
protect, conserve, and help sustain California's valuable marine resources including
maintaining natural biodiversity through adaptive management.
Existing regulations in Section 632, Title 14, California Code of Regulations (CCR)
provide definitions, and site-specific area classifications, boundary descriptions,
commercial and recreational take restrictions, and other restrictedlallowed uses,
including exemptions from the area and take regulations for those tribes in the north
coast region that submitted factual records of historic and current uses in specific
geographies.
Proposed Amendments:
The regulatory text in subsection 632(b)(6) is proposed to be amended to add Cher-Ae
Heights Indian Community of the Trinidad Rancheria and Resighini Rancheria to the list
of tribes exempt from the area and take regulations for Reading Rock State Marine
Conservation Area.
The regulatory text in subsections 632(b)(1) and 632(b)(2) is proposed to be updated to
reflect Smith River Rancheria's name change to Tolowa Dee-Ni' Nation.
Other changes are proposed for clarity and consistency
Goals and Benefits of the Proposed Regulations
The proposed regulations will provide clarity and consistency within the regulations and
will align current exemptions from the area and take regulations in the north coast
region with factual records of historic and current uses submitted by federally
recognized tribes to the Commission.
Consistency with Other State Regulations
The proposed regulations are consistent with regulations concerning sport and
commercial fishing and kelp harvest found in Title 14, CCR. The State Water
Resources Control Board may designate State Water Quality Protection Areas and the
State Park and Recreation Commission may designate State Marine Reserves, State
Marine Conservation Areas, State Marine Recreational Management Areas, State
Marine Parks and State Marine Cultural Preservation Areas; however, only the Fish and
Game Commission has authority to regulate commercial and recreational fishing and
any other taking of marine species in MMAs. Fish and Game Commission staff has
searched the CCR and has found no other regulations pertaining to authorized activities
in MPAs and therefore has determined that the proposed amendments are neither
inconsistent, nor incompatible, with existing state regulations.
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,
19294 th 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.
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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. 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 Regulatory 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 because the proposed amendments will
neither increase nor decrease recreational or commercial fishing opportunities
within marine protected areas..
(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, and Other
Benefits:
The Commission does not anticipate any impacts on the creation or elimination
of jobs, creation of new businesses, elimination of existing businesses or
expansion of businesses in California because these changes will neither
increase nor decrease recreational or commercial fishing opportunities within
marine protected areas.
The Commission does not anticipate any benefits to the health and welfare of
California residents, to worker safety, or the environment.
The proposed regulations will provide clarity and consistency within the
regulations and will align current exemptions from the area and take regulations
in the north coast region with factual records of historic and current uses
submitted by federally recognized tribes to the Commission.
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(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 27, 2016 Executive Director
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