HomeMy WebLinkAboutFish and Game Notice 01.15.14 - Ocean Salmon Sport Fishing (2) Commissioners STATE OF CALIFORNIA
Michael Sutton,President Edmund G. Brown Jr.,Governor Sonke Mastrup,Executive Director
Monterey 1416 Ninth Street,Room 1320
Richard Rogers,Vice President Sacramento,CA 95814
SantaFish and Game Commission (916)653-4899
Jim Kellogg,
gg,g, Member (916)653-5040 Fax
Discovery Bay GaMr_`E ,' www.fgc.ca.gov
Jack Baylis, Member z r ?OMs.
Los Angeles a
Jacque Hostler-Carmesin,Member 4 "-fie
McKinleyville
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January 15, 2014 044 11 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
subsections (c) and (e) 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 January 17, 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 2014 and the ocean salmon possession
limit. A separate notice pertaining to the remainder of the 2014 ocean salmon sport
fishing regulations will also be published in the California Regulatory Notice Register on
January 17, 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, at (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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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, 316.5 and 2084 of
said Code, proposes to amend subsections (c) and (e) of Section 27.80, Title 14, California
Code of Regulations, relating to April 2014 sport fishing regulations for ocean salmon and
possession limit for ocean salmon.
Informative Digest/Policv 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
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
Current regulations authorized ocean salmon recreational fishing seven days per week north of
Horse Mountain including Humboldt Bay from May 1 to September 8, 2013. Between Horse
Mountain and Point Arena, ocean salmon recreational fishing was authorized seven days per
week from April 6 to November 10, 2013. Between Point Arena and Pigeon Point, ocean salmon
recreational fishing was authorized seven days per week from April 6 to November 10, 2013,
except during June 1 through July 9, 2013 when salmon fishing was closed on Mondays and
Tuesdays. Areas south of Pigeon Point had an ocean salmon recreational fishing season seven
days per week from April 6 to October 6, 2013, except during June 1 through July 9, 2013 when
salmon fishing was closed on Mondays and Tuesdays. For all areas in 2013, the bag limit was
two fish per day(all species except coho). Areas north of 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 July 31, 2013 and 20 inches total length thereafter. Areas
south of Pigeon Point had a minimum size limit of 24 inches total length. Current regulations
also provide that not more than one daily bag limit of recreationally taken ocean salmon may be
possessed.
On May 1, 2013, NMFS implemented the 2013 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 5, 2014. While federal waters south of Horse Mountain
will open on April 5, 2014, State waters in this area will not open unless the Commission takes
regulatory action to do so.
Proposed Regulations
Two separate Commission actions are necessary to conform the State regulations to federal
rules that will apply in 2014. The current proposed regulation would amend subsection 27.80(c),
establishing salmon fishing regulations for the month of April 2014, and add a new subsection
27.80(e), increasing the recreational salmon possession limit on land to two daily bag limits. In
addition, recreational salmon fishing regulations for May 1 through the end of 2014 will be
considered in a separate rulemaking action, tentatively scheduled for adoption in April 2014.
For public notice purposes to facilitate Commission discussion, the Department of Fish and
Wildlife is proposing the following regulations to encompass the range of federal ocean salmon
regulations that are expected to be in effect April 5 through April 30, 2014. 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 2014 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 5 through April 30, 2014. 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 2014.
In addition, the proposed regulation will provide an ocean salmon possession limit of up to two
daily bag limits when on land. However, on a vessel in ocean waters, the boat limit for salmon
shall be determined by the single daily bag limit and the number of anglers pursuant to
subsection 27.60(c), Title 14, CCR. In the regulatory subsections for each subarea, reference to
the general possession limit(Section 1.17) will be replaced with a reference to new subsection
27.80(e)which will specify the possession limit. The exact possession limits will be determined
by the Commission, considering the federal regulations applicable to each subarea.
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, 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.
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, First Floor Auditorium,
1416 Ninth Street, Sacramento, California, on Wednesday, February 5, 2014, at 8:00 a.m., or as
soon thereafter as the matter may be heard.
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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 Justice Joseph Rattigan Building,
50 D Street, Room 410 A/B, Santa Rosa, California, on Wednesday, March 19, 2014, at
8:00 a.m., or as soon thereafter as the matter may be heard. Written comments may be
submitted at the address given below, or by fax at (916) 653-5040, or by e-mail to
FGC(a fgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission office must
be received before 5:00 p.m. on March 14, 2014. All comments must be received no later than
March 19, 2014, at the hearing in Santa Rosa, 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, 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, Regional 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.
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:
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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. Status quo fishing levels for April 2014 as compared the
2013 April ocean salmon sport fishing season are anticipated.
(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 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.
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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: January 7, 2014 Executive Director
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