HomeMy WebLinkAboutfish gameCOAi~iI55IONER5
Jim Kellogg, President
EDMO~iD G. BROWV, JR. l X116 Ninlh Street
Box 914209
Discovery $ay _,~ ~~. Sacramenlo, CA 94244-2090
Richard Ro ers, Vice PresidenE~
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{916J 653-1899
Montecito ~~ '
r (916J 653-50-101:'ax
,Yiichael Sutton. Member w
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fgc@fgc.ca.gov
Monterey
Daniel W. Richards, Member
UplancE Governor
Jack Baylis, Member
ins Angeles
STATE OF CALIFORNIA
Fish and Game Commission
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,:2011
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March 14, 2011 E ~ALIFO
R
Nlq
TO ALL INTERESTED AND AFFECTED PARTIES:
On March 14, 2011, the Commission adopted emergency regulations concerning ocean
salmon sport fishing. The Administrative Procedure Act requires that we make this
regulation available for public review for at feast five working days prior #o submitting the
regulation to the Office of Administrative Law.
Attached for your review are copies of the notice of emergency regula#ory action, the
emergency regulatory language in strikeout/underline format, and the Statement of
Facts Constituting Need for Emergency Action.
Sincerely,
~ ~~~ u . ~~~ ~~'1 u~
Sherrie Fonbuena
Associate Governmental Program Analyst
Attachments
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TITLE 94. f=ish and Game Commission
Notice of Emergency Regulatory Action
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 Section 27.80, Title 14, California Cade of Regulations, rekating
to ocean salmon sport fishing.
Informative DigestlPoiicy Statement Overview
California's commercial and recreational salmon fsheries have been severely constrained since
2007 when the Sacramento River Fall Chinook {SRFC) escapement failed to meet the minimum
level of its conservation objective of the Pacific Fishery Management Council's (PFMC) Fishery
Management Plan (FMP). The FMP conservation objective is an annual SRFC escapement
range of 122,000 to 180,000 hatchery and natural adult spawners. The SRFC escapements for
2007, 2008 and 2009 ranged from 40,900 to 91,400 adults.
In response to the series of record low SRFC escapements, the National Marine Fisheries
Service (NMFS) and Commission closed the ocean waters off California to-the commercial and
recreational salmon fisheries during 2008 and 2009 and offered limited fshing in 2010. As a
result, the commercial and recreational salmon fisheries were declared a fishery disaster in 2008
by the State of California and the U.S. Department of Commerce. The 2009 and 2010 salmon
fsheries were also declared extensions of the 2008 fishery disaster by the State of California
and the U.S. Department of Commerce. The total projected economic foss to the State for
recent closures of California commercial and recreational salmon fisheries in coastal marine
waters and a Central Valley in-river salmon recreational fishery were $262 million {2008) and
$279 million {2009} and $166 million (2010). Although recreational fishing was allowed in 2010,
considerable economic losses were still projected because the season was shorter in duration
and was closed two days per week.
Recent Developments
On March 1, 2011, the PFMC released the Preseason Report I: Stock Abundance Analysis and
Environmental Assessment Part 1 for 2011 Ocean Salmon Fisheries (Preseason Report I). The
Preseason Report I projects that the 2011 SRFC preseason ocean abundance is 730,000 adult
Chinook which is significantly higher that the 2010 preseason ocean abundance projection.
Based upon this new information on March 9, 2011, the PFMC recommended that the federak
waters of the Fort Bragg, San Francisco, and Monterey port areas should open an April 2, 2091
to recreational salmon fishing. The minimum size limit in all areas is.24 inches total length. The
NMFS will enact this recommendation in federal regulations via routine in season action.
Given this #ederal rule change is pending, this proposed emergency regulatory action would
implement this same opening date of April 2, 2011, in Section 27.80, Title 14, CCR for state
waters.
Emergency action is necessary to conform Section 27.80, Title 14, CGR, to the federal
regulations in order to reduce continued adverse economic impact on the port areas of Fort
Bragg, San Francisco and Monterey. If federal regulations are effective on April 2 opening the
fishery, but fishing and possession of salmon continues to be prohibited in state waters as of this
date, the state alone could be held responsible for continued adverse economic consequences
to these port areas. The proposed changes are necessary to bring needed economic benefit to
local businesses who are recovering from the lingering effects of three years of continuous
salmon fishery closures.
The standard rulemaking process will not provide sufficient time for submission, review, and
filing of the conforming state regulations with the Secretary of State by Apri! 2, 2011.. The lack of
emergency action would result in different state and federal regula#ions governing ocean salmon
recreational fishing season dates in waters off California, creating confusion far the public and
extreme difficulty-regarding enforcement of an opening date. The lack of clarity would also result
in significant hardship and increased operational and management costs to both state and
federal agencies and stakeholders associated with responding to uncertainty as to what rules
actually govern individual fishing activities. Thus, the Commission finds this emergency action is
necessary for the immediate preservation of the public peace and general welfare pursuant to
Section 240 of the Fish and Game Code.
Proposed Regulations
This regulatory action proposes amendment of Section 2'7.80, Title 14, CCR, concerning the
recreational ocean salmon fishing seasons in the ocean waters off California. The changes for
each management area are listed in the following paragraphs:
1) The waters between Horse Mountain and Point Arena will open on April 2, 2011.
2) The waters between Paint Arena and Pigeon Point will open on April 2, 2011.
3) The waters between Pigeon Point and Point Sur will open on April 2, 2011.
4) The waters below Paint Sur will open on April 2, 2011.
The 2011 closing dates far the above four management areas will be decided in April by the
PFMC and Commission, and Section 27.80 will be amended pursuant to the regulatory
process to implement these dates.
This emergency regulatory action is expected to allow salmon fishing opportunities in these four
management areas approximately 1 to 2 months earlier as compared to the standard rulemaking
process, consistent with the pending new federal regulations. This emergency action could
result in $8.2 million in total economic output for businesses that provide goods and services to
salmon anglers and provide support for up to $4 jabs in these businesses that would otherwise
be lost if regulations are delayed because they are implemented via the standard rulemaking
process.
The 2008, 2009 and 2010. combined fishery disaster lasses for the ocean recreational fshery
were $406 million. This emergency action will help salmon related businesses recover from the
recent salmon fishery closures and is necessary for the immediate preservation of the public
peace, health and safety, or general welfare.
Section 240 Finding
Pursuant to the authority vested in it by Section 240 of the Fish and Game Code and far the
reasons set forth in the "Statement of Facts Constituting Need far Emergency Action," the
Commission expressly finds that the adoption of this regulation is necessary for the immediate
preservation of the public peace, health and safety, or general welfare.
2
These proposed changes will help businesses that provide goods and services to salmon
anglers recover from the adverse economic effects of the recent salmon fishery closures.
Public Comments on Proposed Emergency Regulations
Government Code section 11346.1 {a}{2} requires that, at least five working days prior to
submission of the proposed emergency action to the Office of Adminis#rative Law, the adopting
agency provide a notice of the proposed emergency action to every person who has filed a
request for notice of regulatory action with the agency. After submission of the proposed
emergency to the Office of Administrative Law, the Office of Administrative Law shall allow
interested persons five calendar days to submit comments on the proposed emergency
regulations as set forth in Government Cade section 11349.6.
In order to be considered, public comments on proposed emergency regulations must be
submitted in writing to the Office of Administrative Law {OAL}, 300 Capitol Mall, Roam 1250,
Sacramento, CA 95814; AND to the-Fish and Game Commission, 1416 Ninth Street,
Room 1320, Sacramento, CA 95814, or via fax to {916} 653-5040 or via a-mail to
f c f c.ca. ov. Comments must identify the emergency topic and may address the finding of
emergency, the standards set forth in sections 11346.1 and 11349.1 of the Government Code
and Sec#ion 240 0# the Fish and Game Code. Comments must be received within five calendar
days of filing of the emergency regulations. The Commission anticipates filing the emergency
regulations with OAL on March 21, 2011. Please refer to OAL's website www.oal.ca. ov to.
determine the date on which the regulations are filed with OAL.
Impact of Rea~latory Action .
The potential for significant statewide adverse economic impacts tha# might result from the
emergency regulatory action has been assessed, and the following 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 changes are necessary to bring needed
economic benefit to local businesses who are recovering from the lingering effects of
three years of continuous salmon fishery closures.
This proposal to open April and May could result iri an angler effort increase for sport
salmon fishing of up to 33.6% for the port areas of Fort Bragg, San Francisco and
Monterey. On a pro-rata basis, increasing the estimated business output for merchants
that provide goods and services to salmon anglers in the State by this same percentage
could result in an average projected increase of about $8.2 million in total economic
output for businesses.
3
(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:
This proposal to open Aprll and May could result in an angler effort increase for sport
salmon fishing of up to 33.5% for the port areas of Fort Bragg, San Francisco, and
Monterey. On a pro-rata basis, the estimated employment impacts could result in an
increase of about 84 jabs in businesses that provide goods and services #o salmon
anglers.
(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.
There are no new reporting requirements imposed as a result of the proposed
regulations.
(d) Costs or Savings to State Agencies or CostslSavings in Federal 1=unding to the State:
None
(e) Nondiscretionary CostslSavings 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 11345.2(a)(1).
Consideration of Alternatives
In view of information currently possessed, no reasonable alternative considered would be more
effective in carrying out the purposes 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
Dated: March 14, 2011 Acting Executive Director
4
Regulatory Language
Section 27.80, Title 14, CCR is amended to read:
§27.80. Salmon.
(a) Methods of take:
(1) General Provisions. Only by angling as defined in Section 1.05. No sinkers or
weights exceeding four pounds may be used, except that a fishing line may be
attached to a sinker or weight of any size if such sinker or weight is suspended
by a separate line and the fishing line is released automatically by a mechanical
device from the sinker or weight when any fish is hooked. See sections 28.65
and 2$.70.
(2) Barbless Hooks. No more than two {2) single point, .single shank barbless
hooks shall be used in the ocean north of Point Conception (34° 2T00"N. lat.}
when salmon fishing or fishing from any boat or floating device with salmon on
board.
(3) Other Hook Restrictions. When fishing with bait in the ocean between Horse
Mountain (40° 05'00"N. lat.) and Paint Conception, if angling by any means other
than trolling, then no more than two (2) single point, single shank, barbless circle
hooks shall be used. The distance between the two hooks must not exceed five
inches when measured from the top of the eye of the top hook to the inner base
of the curve of the lower hook, and both hooks must be permanently tied in place
(hard tied). A circle hook is defined as a hook with a generally circular shape, and
a point which turns inwards, .pointing directly to the shank at a 90 degree angle.
Trolling is defined as angling from a boat or floating .device that is making way by
means of a source of power, other than drifting by means of the prevailing water
current or weather conditions. See Section 28.65{g).
(4) One Rad Restriction north of Point Conception. Salmon may be taken by
angling with na more than one rod in ocean waters north of Point Conception.
See Section 28.65(e).
(b) Season:
(1) North of Horse Mountain {40° 05'00"N. lat.) and Humboldt Bay. All waters of
the ocean north of Horse Mountain and in Humboldt Bay are open to salmon
fishing from May 29, 2010 to September 6, 2010.
Exception: The ocean area surrounding the Klamath River mouth bounded on
the north by 41 ° 38'48"N lat. {approximately 6 nautica! miles north of the Klamath
River mouth), on the south by 41 ° 26'48"N lat. (approximately 6 nautical miles
south of the Klamath River mouth), and extending 3 nautical miles offshore is
closed ~o salmon fishing during August. No salmon may be taken at anytime in
ocean waters at the mouths of the Smith and Klamath rivers and during August
and September at the mouth of the Eel River. See Section 27.75.
{2) Between Horse Mountain and Paint Arena (38° 5T30"N. lat.). All waters of the
ocean between Horse Mountain and Point Arena a~ewill open to salmon fshing
April 3--t~~e~terx~eF6r ~ 2, 2011. Note: The rest of the season will be
decided in A ril b the Pacific Fishe Mana ement Council and California Fish
and Game Commission and the section will be amended pursuant to the
regulatory process.)
(3) Between Point Arena and Pigeon Point (37° 11'00"N. lat.). All waters of the
goce~a~n~ /between PointnAq rnena and Pigeon Point a~ewill open to salmon fishing April
d~ Gti-Ftt~ il_!~fl~_~~i-iiE~f'C~-~` F$'~~"rcek. Cr^m 11A~~i 'ir 'yvr~+hr~~n,rh~
, 2, 2011.
Note: The rest of the_season will be decided in April by the Pacific Fishery
Management Council and California Fish and Game Commission and the section
will be amended ursuant to the re ulato rocess. ~ ~~~""""'_.,,,,., „.._
(4) Between Pigeon Point and Point Sur {36° 18'00"N. lat.}. All waters of the
ocean between Pigeon Point and Point Sur afewill open to salmon fishing April
2~~+^ n.~'n~e~en-dayr.TpeFweek. ~~,,,,..~,
Ccn+ernhrar_(t~ 7011 fl~_fi~l~in~i~- nnen Th,,rcrl~v +hrn, rr,h flA.-.nrl~~r nnlir 21 ~ .
Nate: The rest of the season will be decided in April by the Pacific Fishery
_Maragement Council and California Fish and Game Commission and the section
will be amended pursuant to the regulatory process.) ~~ """""""°~~_,.,_.
(5) South of Point Sur. All waters of the ocean south of Point Sur afewill open to
salmon fishing April 3~~A~9- , ~^~e~cn~~cr~c=k. ~r^m nn~„ ~
,
2, 2091. Note: The rest of the season will be decided in A ril b the Pacific
Fishery Management Council and California Fish and Game Commission and the
section will.~,e amended pursuant to the regulator rLprocess.)
{c) Limit:
(1) Two salmon per day. See subsection (c){2) below and Section 1.17.
(2) Statewide Sllyer (coho) Salmon Restrictions: No silver (coho) salmon maybe
retained.
(d) Minimum size: .
(1) ~~^,~" ^~ u^r°° nn^r rn+~fn.- Twenty-four inches tots! length.
.~nr1 +,Rrr~n+ar ~^r rr innhoo +n+.~I lann+Fr +horoo~For
Note: Authority cited: Sections 200, 202, 205, 220, 240, 316.5 and 2084, Fish
and Game Code. Reference: Sections 200, 202, 205, 316.5 and 2084, Fish and
Game Code.
2
CALIFORNIA FISH AND GAME COMMISSION
STATEMENT OF PROPOSED EMERGENCY REGULATORY ACTION
Emergency Action to Amend Section 27.80
Title 14, California Code of Regulations
Re: Ocean Salmon Recreational Fishing
Conformance with Federal Regulations
I. Statement of Facts Constituting the Need for Emergency Regulatory
Ac#ion:
California's commercial and recreational salmon fisheries have been
severely constrained since 2007 when the Sacramento River Fall Chinook
(SRFC) escapement failed to meet the minimum level of its conservation
objective of the Pacific Fishery Management Council's {PFMC) Fishery
Management Plan (FMP). The FMP conservation objective is an annual
SRFC escapement range of 122,000 to 180,000 hatchery and natural
adult spawners. The SRFC escapements for 2007, 2008 and 2009
ranged from 40,900 to 91,400 adults as shown below.
Sacramento River Fall Chinook
Adult Escapment 1980-2010
900,000
800, 000
700,000
~ &00,000
m
500,000
U
W .400,000
is
~ 300,000
t
~ z0o,oo0
~Oa,aOo
0
00 ~~ °h o° o~ ~°` 01 00 0° o° o°
Year
In response to the series of record low SRFC escapements, the National
Marine Fisheries Service {NMFS} and California Fish and Game
Commission {Commission) closed the ocean waters off California to the
commercial and recreational salmon fisheries during 2008 and 2009 and
offered limited fishing in 2010. As a result, the commercial and
recreational salmon fisheries were declared a fishery disaster in 2008 by
the State of California and the U.S. Department of Commerce. The 2009
and 20'10 salmon fisheries were also declared extensions of the 2008
fishery disaster by the State of California and the U.S. Department of
Commerce. The total projected economic loss to the State for recent
closures of California commercial and recreational salmon fisheries in
coastal marine waters and a Central Valley in-river salmon recreational
fishery were $262 million (2008} and $279 million (2009) and $166 million
(2010}. Although recreational fishing was allowed in 20'10, considerable
economic losses were still projected because the season was shorter in
duration and was closed two days per week.
Recent Developments
On March 1, 2011, the PFMC released the Preseason Report l: Stock
Abundance Analysis and Environmental Assessment Part 1 for 2011
Ocean Salmon Fisheries {Preseason Report I). The Preseason Report I
projects that the 2011 SRFC preseason ocean abundance is 730,000
adult Chinook which is significantly higher that the 2010 preseason ocean
abundance projection.
Based upon this new information on March 9, 2011, the PFMC
recommended that the federal waters of the Fort Bragg, San Francisco,
and Monterey port areas should open on April 2, 2011 to recreational
salmon fishing. The minimum size limit in all areas is 24 inches total
length. The NMFS will enact this recommendation via a routine inseason
action.
Given this federal rule change is pending, this proposed emergency
regulatory action would implement this same opening date of April 2,
2011, in Section 27.80, Title 14, CCR for state waters along with a
statewide size limit of 24 inches.
Emergency action is necessary to conform Section 27.80, Title 14, CCR,
to the federal regulations in order to reduce continued adverse economic
impact on the port areas of Fort Bragg, San Francisco and Monterey. If
federal regulations are effective on April 2 opening the fishery, but fishing
and possession of salmon continues to be prohibited in state waters as of
this date, the state alone could be held responsible for continued adverse
economic consequences to these port areas. The proposed changes are
necessary to bring needed economic benefit to local businesses who are
recovering from the lingering effects of three years of continuous salmon
fishery closures.
z
The standard rulemaking process will not provide sufficient time for
submission, review, and ding of the conforming state regulations with the
Secretary of State by April 2, 2011. The lack of emergency action would
result in different state and federal regulations governing ocean salmon
recreational fishing season dates in waters off California, creating
confusion for the public and extreme difficulty regarding enforcement of an
opening date. The lack of clarity would also result in significant hardship
and increased operational and management costs to both state and
federal agencies and stakeholders associated with responding to
uncertainty as to what rules actually govern individual fishing activities.
Thus, the Commission finds this emergency action is necessary for the
immediate preservation of the public peace and general welfare pursuant
to Section 240 of the Fish and Game Code.
Proposed Regulations
This regulatory action proposes amendment of Section 27.80, Title 14,
CCR, concerning the recreational ocean salmon fishing seasons and the
statewide size limit of 24 inches in the ocean waters off California. The
changes for each management area are listed in the following paragraphs:
1) The waters between Horse Mountain and Point Arena will open on
April 2, 2011.
2) The waters between Point Arena and Pigeon Point will open on
April 2, 201'1.
3) The waters between Pigeon Point and Point Sur will open on April
2, 2011.
4} The waters below Point Sur will apen on April 2, 2011:
The 2011 closing dates for the above four management areas will be
decided in April by the PFMC and Commission, and Section 27.80 will
be amended pursuant to the regulatory process to implement these
dates.
Jus#ification
In 2010, the 2011 opening dates for recreational salmon fisheries south of
Horse Mountain were not established by the PFMC for the first time since
1977 to enhance protection of SRFC due to the stock failing to meet the
minimum conservation objective for three consecutive years and the
uncertainty in the recent abundance forecasts. Prior to the 2008 and 2009
salmon fishery closures, the recreational salmon fishery always opened on
the Saturday nearest February 15 in Fort Bragg and on the first Saturday
in April for the San Francisco and Monterey port areas. These opening
dates were always enacted the prior year during the PFMC process.
The April and May ocean recreational salmon fisheries are very important
economically to the Fort Bragg, San Francisco, and Monterey port areas.
3
Far the Fort Bragg port area, April and May accounts for about 4,9% and
11.4%, respectively, of that coastal community's total economic beneft
from each salmon season. For the San Francisco port area, April and
May accounts for 7.8% and 13.3%, respectively, of that community's tots{
economic benefit from each salmon season. For the Monterey port area,
April and May accounts for 40.7% and 19.0%, respectively, of that
community's total economic benefit from each salmon season.
Economic Contribution of Ocean Salmon Angling In Total Economic Output, By Nlonth and By Port,
Averaged Over Years 2000-2014
3.5 j _ - - _..4 ..- -- - --- - - ~ _ _ . __ - ~ - - -- - -- _ i
.~ f
3.0
2.5
2.0
oooan {341tllena isms) '' ~'
.;
1.0
~ ` • ~ _ b
~ ~ ~~
Mw ~ ~ „ '~
A Mgt »~ ~ ,µ'"-C'""',~.a.:' ~- si Son Frendsca
Jd ; 'tg~' FortWOpp PoR
Month ~ 3ep ~,
Nov
When limited salmon fishing reopened in 2010 after being closed for two
successive seasons, April was a particularly important month for several
port areas and a significant portion of the salmon revenue for the entire
season was generated in that month. 35% of all salmon angler trips and
31 % of al! Charter Passenger Fishing Vessels (CPFV) salmon trips
occurred in April. The April 2010 angler trips for Monterey were 20%
higher as compared to the 2000-07 mean number of angler trips. Fort
Bragg port showed a similar 15% jump for the same comparison while
San Francisco port dropped 5.3%. The poor San Francisco salmon
fishing in April 2010 was primarily due to bad weather and longer travel
times to the fishing grounds.
In addition, the CPFV fleets in the Fort Bragg, San Francisco, and
Monterey port areas have been severely reduced as a result of being
closed or significantly constrained for three successive salmon seasons,
which is compounded by a poor economy in general and signifcant
increases in fuel prices. Since 2001, the number of CPFVs targeting
salmon has decreased almost 30% (120 to 86) in California. The CPFV
fleet has decreased 53%, 45% and 13% in Fort Bragg (number=8),
Monterey {number=22) and San Francisco ports (number=49),
respectively. Many CPFVs in San Francisco and Monterey switched to
4
sight-seeing andlorwhaIe-watching trips in order to survive economically
during the salmon fishery closures in recent years.
Industry contacts indicated that there has been a 30% reduction in coastal
retail businesses that provide goods and services to salmon anglers. The
economic benefit of opening April and May is desperately needed to keep
the salmon-related businesses from suffering continued losses during
these fiscally challenging times.
This emergency regulatory action is expected to allow salmon fishing.
opportunities in these four management areas approximately 1 to 2
months earlier as compared to the standard rulemaking process,
consistent with the pending new federal regulations. This emergency
action could result in $8.2 million in total economic output for businesses
that provide goods and services to salmon anglers and provide support for
up to 84 fobs in these businesses that would otherwise be lost if
regulations are delayed because they are implemented via the standard
rulemaking process.
The 2008, 2009 and 2010 combined fishery disaster losses for the ocean
recreational fishery were $406 miiliori. This emergency action will help
salmon-related businesses recover from the recent salmon fishery
closures and is necessary for the immediate preservation of the public
peace, health and safety, or general welfare.
II. Alternatl~es:
In view of information currently possessed, no reasonable alternative
considered would be more effective in carrying out the purposes for which
the action is proposed or would be as effective and less burdensome to
affected private persons than the proposed action.
III. Impact of Regulatory Action:
The potential for significant statewide adverse economic impacts that
might result from the emergency regulatory action has been assessed,
and the following determinations relative to the required statutory
categories have been made:
(a) Significant Statewide Adverse Economic Impact Direc#ly Affecting
Businesses, 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
5
proposed changes are necessary to bring needed economic benefit to
local businesses who are recovering from the lingering effects of three
years of continuous salmon fishery closures.
This proposal to open April and May could result in an angler effort
increase for sport salmon fishing of up to 33.6% for the port areas of Fort
Bragg, San Francisco and Monterey. On a pro-rata basis, increasing the
estimated business output for merchants that provide goods and services
to salmon anglers in the State by this same percentage could result in an
average projected increase of about $8.2 million in total economic output
for businesses.
(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:
This proposal #o open April and May could result in an angler effort
increase for sport salmon fishing of up to 33.6°/a for the port areas of Fort
Bragg, San Francisco, and Monterey. On a pro-rata basis, the estimated
employment impacts could- result in an increase of about 84 jobs in
businesses that provide goods and services to salmon anglers.
(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. There are no new reporting requirements rmposed
as a result of the proposed regulations.
(d} Costs or Savings to State Agencies or CostslSavings in Federal
Funding to the State: None
(e) Nondiscretionary CostslSavings to Local Agencies: None.
(f} Programs Mandated on Local Agencies or School Districts: None.
{g} Casts Imposed on Any Local Agency or School District that is Required
to be Reimbursed Under Part 7 (commencing with Section 1750x} of
Division 4, Government Code: None.
{h} Effect on Housing Costs: None
IV. Plain English Statement:
It has been determined that the amendment of these regulations may
affect small businesses. The Commission has drafted the regulations in
6
Plain English pursuant to Government Code sections '# 1342{e) and
11346.2{a)(1).
V. Au#hority and Reference:
The Fish and Game Commission proposes this emergency action
pursuant to the authority vested by sections 200, 202, 205, 220, 240,
316.5, and 2084 of the Fish and Game Cade and to implement; interpret,
or make specific sections 200, 202, 205, 316.5; and 2084 of said Gode.
VI. Express Finding of Emergency:
Pursuant to the authority vested in it by Section 240 of the Fish and Game
Code and for the reasons set forth above in the "Statement of Facts
Constituting Need for Emergency Action," the Commission expressly finds
that the adoption of this regulation is necessary for the immediate
preservation of the public peace, health and safety, or general welfare.
These proposed changes will help businesses, that provide goods and
services to salmon anglers, recover from the adverse economic effects of
the recent salmon fishery closures.
VII. Specific Agency Statu#ory Requirements:
The Commission has complied with the special statutory requirements
governing the adoption of emergency regulations pursuant to Section 240
of the Fish and Game Code. The Commission will hold a public hearing on
this regulation on March 14, -2011, and the above Ending that this
regulation is necessary for the immediate preservation of the public peace,
health and safety, or general welfare, -meets the requirements of Section
240.
VIII. Documents Relied Upon for Rulemaking:
PFMC, 2011, Preseason Report !: Stock Abundance Analysis and
Environmental Assessment Part 9 for 2019 Ocean Salmon Fisheries,
PFMC, 7700 NE Ambassador Place, Suite 200, Portland, Oregon 97220-
1384.
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Informative Digest (Plain English 4vervie~
California's commercial and recreational salrnon fisheries have been severely
constrained since 2007 when the Sacramento River Fall Chinook (SRFC}
escapement failed to meet the minimum level of its conservation objective of the
Pacific Fishery Management Council's (PFMC) Fishery Management Plan
(FMP}. The FMP conservation objective is an annual SRFC escapement range
of 122,000 to 180,000 hatchery and natural adult spawners. The SRFC
escapements for 2007, 2008 and 2009 ranged from 40,900 to 91,400 adults.
In response to the series of record low SRFC escapements, the National Marine
Fisheries Service {NMFS) and California Fish and Game Commission
{Commission) closed the ocean waters off California to the commercial and
recreational salmon fisheries during 2008 and 2009 and offered limited fishing in
2010. As a result, the commercial and recreationa! salmon fisheries were
declared a fishery disaster in 2008 by the State of California and the U.S.
Department of Commerce. The 2009 and 2010 salmon fisheries were also
declared extensions of the 2008 fishery disaster by the State of California and
the U.S. Department of Commerce. The total projected- economic loss to the
State for recent closures of California commercial and recreational salmon
fisheries in coastal marine waters and a Central Valley in=river salmon
recreational fshery were $262 million (2008) and $279 million (2009) and $166
million (2010). Although recreational fishing was allowed in 2010, considerable
economic losses were still projected because the season was shorter induration
and was. closed two days per week.
Recent Developments
Qn March 1, 2011, the PFMC released the Preseason Report I: Stock
Abundance Analysis and Environmental Assessment Part 1 for 2011 Ocean
Salman Fisheries (Preseason Report I). The Preseason Report I projects that
the 2011 SRFC preseason ocean abundance is 730,000 adult Chinook which is
significantly higher that the 2010 preseason ocean abundance projection.
Based upon this new information on March 9, 2011, the PFMC recommended
that the federal wa#ers of the Fort Bragg, San Francisco, and. Monterey port
areas should open on April 2, 2011 to recreational salmon fishing. The minimum
size limit in all areas is 24 inches total length. The NMFS will enact this
recommendation in federal regulations via routine in season action.
Given this federal rule change is pending, this proposed emergency regulatory
action would implement this same opening date of April 2, 2011, in Section
27.80,~Titie 14, CCR for state waters.
Emergency action is necessary to conform Section 27.80, Title 14, CCR, to the
federal regulations in order to reduce continued adverse economic impact on the
port areas of Fort Bragg, San Francisco and Monterey. If federal regulations are
effective on April 2 opening the fishery, but fishing and possession of salmon
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continues to be prohibited in state waters as of this date, the state alone could be
held responsible for continued adverse economic consequences to these port
areas. The proposed changes are necessary to bring needed economic benefit
to local businesses who are recovering from the lingering effects of three years of
continuous salmon fishery closures.
The standard rulemaking process will not provide sufficient time for submission,
review, and filing of the conforming state regulations with the Secretary of State
by April 2, 2011. The lack of emergency action would result in different state and
federal regulations governing ocean salmon recreational fishing season dates in
waters off California, creating confusion for the public and extreme difficulty
regarding enforcement of an opening date. The lack of clarity would also result in
significant hardship and increased operational and management costs to both
state and federal agencies and stakeholders associated with responding to
uncertainty as to what rules actually govern individual fishing activities. Thus, the
Commission finds this emergency action is necessary for the immediate
preservation of the public peace and general welfare pursuant to Section 240 of
the Fish and Game Code.
Proposed Regulations
This regulatory action proposes amendment of Section 27.80, Title 14, CCR,
concerning the recreational ocean salmon fishing seasons in the ocean waters
off California. The changes far each management area are listed in the following
paragraphs:
1) The waters between Horse Mountain and Point Arena will open on April 2,
2011.
2) The waters between Point Arena and Pigeon Point will open on April 2,
2011.
3) The waters between Pigeon Point and Point Sur will open on April 2,
2011.
4) The waters below Point Sur will open on April 2, 2011.
The 2011 closing dates for the above four management areas will be decided
in April by the PFMC and Commission, and Section 27.80 will be amended
pursuant to the regulatory process to implement these dates.
This emergency regulatory action is expected to allow salmon fishing
opportunities in these four management areas approximately 1 to 2 months
earlier as compared to the standard rulemaking process, consistent with the
pending new federal regulations. This emergency action could result in $8.2
million in total economic output for businesses that provide goods and services to
salmon anglers and provide support for up to 84 jobs in these businesses that
would otherwise be lost if regulations are delayed because they are implemented
via the standard rulemaking process.
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The 2008, 2009 and 2010 combined fishery disaster losses for the ocean
recreational fishery were $406 million. This emergency.action will help salmon-
related businesses recover from the recent salmon fishery closures and is
necessary for the immediate preservation of the public peace, health and safety,
or general welfare.
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