HomeMy WebLinkAboutNotice from Fish&Game - 8-31-10 - groundfish fishing COMMISSIONERS
Jim Kellogg,President ARNOLD SCHWARZENEGGER .ION K.FISCHER.
Discovery Bay ACTING EXECUTIVE DIRECTOR
Richard Rogers,Vice President C �K 1416,VinthStreei
MontecitoBox 944209
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Sacramento.CR 94244-2090
Sacra
Michael Sutton,Member
Monterey (91 b)653-1899
-` ..
Daniel W.Richards,Member (916)453-5040 Fax
Upland Governor fgc@fgc.ca.gov
STATE OF CALIFORNIA
Fish and Game Commission
August 31, 2010 BOARD OF SUPERVISORS
SEP 0'1 .2010
TO ALL AFFECTED AND INTERESTED PARTIES: OROViLLE,CALIFORNIA
This is to provide you with a copy of the notice of proposed regulatory action relative to
section 27.20, et al. Title 14, California Code of Regulations, relating to recreational and
commercial groundfish fishing, which will be published in the California Regulatory
Notice-`Register on September 3, 2010.
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, (806) 568-1246 has been designated to respond to questions on the
substance of the proposed regulations.
Sincerely,
ew��_444
Sherrie Fonbuena
Associate Governmental Program Analyst
Attachment
1,�� �... �. r
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, 215, 220, 240, 702, 7071, 8587.1 and 8588 of
the Fish and Game Code and to implement, interpret or make specific sections 97, 200, 202,
205, 206, 215, 220, 240, 1802, 5508, 5509, 7056, 7071, 8585.5, 8586, 8587, 8587.1 and 8588,
Fish and Game Code; 50 Code of Federal Regulations (CFR) Part 660, Subpart G; 50 CFR
660.384; and Section 27.20, Title 14, California Code of Regulations, proposes to amend
sections 27.20, 27.25, 27.30. 27.32, 27.35, 27.45, 27.50, 27.65, 28.26, 28.27, 28.28, 28.29,
28.48, 28.49, 28.54, 28.55, 28.56,28.58, 28.65, 52.10 and 150.16, and repeal sections 27.40,
28.51, 28.52, 28.53, and 28.57, Title 14, California Code of Regulations (CCR), relating to
recreational and commercial fishing regulations for federal groundfish and associated species
for consistency with federal rules.
Informative Digest/Policy Statement Overview
Under California law, the Commission adopts regulations for recreational groundfish fishing in
state waters zero to three miles from shore. The Commission has authority over commercial
nearshore fishing, whereas the legislature has authority over other commercial fishing in state
waters. The Pacific Fishery Management Council (Council), consisting of representatives from
West Coast states, a tribal representative, and the National Oceanographic and Atmospheric
Administration (NOAA) Fisheries, recommends management measures for jointly managed
fisheries operating in federal waters three to 200 miles from shore. These management
measures are established as federal regulations by the Secretary of Commerce. For
consistency, ease of enforcement, and to avoid confusion on the part of recreational and
commercial fishermen, the Commission routinely adopts regulations to bring state law into
conformance with federal rules for groundfish and other federally-managed species. The
proposed changes described in this action would make the requisite changes to make state
regulations consistent with new federal regulations that are expected to be effective in January,
2011.
Groundfish and Associated Species
There are 90 species of federal groundfish that occur in state and federal waters off the coast of
California, including lingcod, several rockfishes, cabezon, kelp greenling, California scorpionfish,
some flatfishes, and some sharks. These 90 species are managed primarily by the Council
under the Pacific Coast Federal Groundfish Fishery Management Plan (Magnuson-Stevens
Fisheries and Conservation Act 16 U.S.0 Section 1851 et seq. or"Magnuson") and are defined
in Section 1.91, Title 14, CCR. Harvest of California scorpionfish, cabezon, nearshore
rockfishes, and greenlings, all of which are federal groundfish, occurs primarily in state waters.
Management guidelines for these species are also included in the state's Nearshore Fishery
Management Plan (NFMP). California develops regulations for state waters that conform to, or
are more conservative than, federal regulations.
California sheephead, ocean whitefish and all greenlings of the genus Hexagrammos are
species that occur almost exclusively within state waters in California and are managed by the
Department of Fish and Game (Department). These state-managed species, otherwise
identified as "associated species" are known to be caught with federal groundfish, and thus are
regulated in conjunction with federal groundfish by the state. The same regulations that apply to
the 90 species of federal groundfish also apply to these associated species_pursuant to
regulations in Title 14, CCR.
Mana.gina to Annual Catch Limits
Past and current management of federal groundfish and associated species include annual
limits on take known as optimum yields (OYs); in the NFMP these limits are called Total
Allowable Catch (TAC). In response to the recent reauthorization of the Magnuson Act, the
Council revised the annual limits to specifically account for scientific and management
uncertainty. These new harvest limits replace the OYs and are called Annual Catch Limits
(ACLs), a federal take limit that accounts for all sources of fishing related mortality and is set at a
level that is expected to prevent overfishing. Recreational and commercial sector-specific
allocation limits are called harvest guidelines (HGs).
The Council develops groundfish regulations on a biennial basis. At its June 2010 meeting, the
Council adopted new ACLs for some federal groundfish species along with HGs for the different
fishery sectors for the 2011 and 2092 cycle. Management measures (e.g., seasons, depth
constraints, bag limits) were also decided by the Council to keep within the new limits for each
state and sector.
Stock Assessment Outcomes
Federal catch limits are adopted by the Council and established in regulation by the Secretary of
Commerce. For state-managed nearshore species (Section 1.90, Title 14, CCR), more
restrictive limits may apply in California depending on application of the fishery control rules of
the NFMP, and set at appropriate levels to maintain healthy stocks using the state's standards
for sustainability.
Overfished Stocks
—!'a stock asses ment reveals that the current population size is at or below 25 percei it of I le
unfished biomass (the historic population size), it is considered "overfished".
Of the six groundfish species in California that are considered overfished species, yelloweye
rockfish is the most constraining to the California recreational fishery.
For areas where yelloweye rockfish are most often encountered, proposed fishing seasons and
depth constraints are similar to status quo. The depth constraint remains at 20 fm north of Point
Arena and was not relaxed in areas further south to avoid yelloweye rockfish encounters. The
Northern Management Area fishing season will only be extended by one and a half months.
Cowcod remains in an overfished status and continues to constrain the season length and
allowable fishing depth to 60 fm in the Southern Management Area (Santa Barbara, Ventura,
Los Angeles, Orange and San Diego Counties). The Cowcod Conservation Area (CCA)
management area already protects a large portion of offshore southern California waters, where
cowcod are most likely to occur. The CCA now has a proposed depth constraint of 30 fm.
Precautionary Stocks
The Council adopted new cabezon ACL values of 179 metric tons (394,600 pounds) for 2011
and 168 metric tons (370,400 pounds) for 2092 based on the new stock assessment
information.
However, according to the NFMP, California is required to manage more conservatively for
stocks whose depletion level is "precautionary," meaning the stock is below the NFMP's
"healthy" target of 60 percent of unfished levels. The new cabezon assessment suggests the
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current population level is only 48 to 57 percent of unfished biomass in northern and southern
California respectively. Following the NFMP's more restrictive control rules that apply when
stocks are above 40 percent and below 60 percent of unfished levels, the Department is
proposing that the Commission set the annual cabezon TAC at 148 metric tons (326,200
pounds).
The proposed TAC would be significantly higher than the current TAC established in Section
52.10, Title 14, CCR (152,100 pounds or approximately 69 metric tons). Because the TAC is
allocated 39 percent to the commercial sector and 61 percent to the recreational sector, the
allocations to each sector that presently are established in Section 52.10 would be adjusted
proportionally so that the recreational fishery would be allowed 199,000 pounds, and the
commercial fishery 127,200 pounds.
Based on the increased ACL, for the recreational sector of the fishery the Council increased the
statewide cabezon bag limit from two to three fish within the ten fish rockfish, cabezon, greenling
(RCG) bag limit. Under a 3-fish bag limit, projected catches are still anticipated to fall below the
recreational allocation of 199,000 pounds.
Commercial harvest is regulated to provide seasonal take of cabezon with cumulative trip limits
per individual permittee. In August 2003, the Commission established cumulative trip limits for
cabezon similar to the federal management approach for nearshore rockfish by limiting each
permittee's take to a specified maximum level in a two-month period. The trip limits need to be
adjusted upward to accommodate the proposed increase to the commercial allocation. The
Department has proposed a range of trip limit options that would accommodate this increase.
The range would allow the Commission to select any value between zero and 1000 pounds for
each of five two-month cumulative limit periods.
Blue rockfish is another"precautionary" species and its status constrains central California.
Although blue rockfish is not as constraining as it was in 2009-2010, blue rockfish still limits the
2011-2012 season length in Management Areas from Point Arena to Point Conception. The
Council approved a moderate increase in the season length in Central California (Point Arena to
Point Conception) in order to stay within the new HG of 241 metric tons for blue rockfish .
Healthy Stocks
In June, the Council greatly increased the California recreational HG for lingcod from 422 metric
tons in 2010 to 1151 metric tons in 2011 and 2012. In order to maximize opportunity for lingcod
while continuing to avoid overfished species, the Council chose to remove the lingcod spawning
closure for all modes of recreational fishing in California. To allow for additional retention of
lingcod, the Council adopted a new recreational size limit for lingcod of 22 inches (down from 24
inches) in an effort to maximize fishing opportunity and make regulations consistent among
California, Oregon, and Washington. The new proposed fillet length is 14 inches.
The Council chose to increase the scorpionfish depth constraint from 40 to 60 fm in the
Southern Management Area during January and February, making the depth constraint 60 fm
year-round—consistent with the rest of the year.
Increased Fishinq Opportunity
Based on the outcomes of recent stock assessments, and resulting increases to ACLs, the
Council increased recreational fishing opportunities where appropriate. The resulting 2011 and
2012 season structure and depth constraints adopted by the Council are provided in Table 1.
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The proposed regulatory changes in Table 1 will affect boat-based anglers targeting groundfish
and associated species; shore-based fishing and spearFishing continue to be allowed year-round
for these species.
Table 1. Proposed season structure and depth constraints for the California recreational groundfish fishery
for 2011 and 2012, adopted for federal waters by the Council in June 2010.
Mang ement AreaJan Feb Mar A r May Jun Jul AugSe Oct Nov Dec
Northern May 14 2011 or May 12 2012—Oct 31 <20 fm
May 14(2011)or May 12
Mendocino (2012)—Aug 15<20 fm
San Francisco Oen Jun 1—Dec 31 <30 fm
Central Oen May 1—Dec 31 <40 fm
Southern` Oen Mar 1—Dec 31 <60 fm
CCA* Oen Mar 1—Dec 31 <30 fm**
"California scorpionfish is open year-round
" Only nearshore and shelf rockfish,lingcod,cabezon,California scorpionfish,greenlings,California sheephead,and ocean whitefish are
allowed in the CCA.
The Council adopted a 30 fm depth constraint for the Cowcod Conservation Area (CCA), rather
than the current 20 fm, meaning all areas within the CCA that are deeper than 30 fm will
continue to be closed to fishing for groundfish and associated species. The current 20 fm depth
constraint is defined using general depth contours, while the 30 fm depth constraint will be
defined by Federal waypoints. Waypoints are preferable for angler compliance and
enforceability.
^ Fy-faUr-areas withtrrheCCA-eently openerotrnd#ish-ftsfrtg witt beffeeted-by-rrtcreasJ1 lu
the allowable fishing depth to 30 fm: Santa Barbara and San Nicolas Islands, and Tanner and
Cartes Banks. Areas such as Osbourne Bank, which are currently open to 20 fm but drop off
into deeper depths too quickly to allow compliance, will be closed to fishing.
The Council decided to expand the list of rockfish species that may be retained within the CCA
to increase fishing opportunity south of Point Conception. Currently, only nearshore species are
allowed and all shelf rockfish encountered within the CCA must be discarded. The Council
adopted new regulations to allow for the take and possession of shelf rockfish, as defined in
Section 1.91, Title 14, CCR, in the CCA.
Regulation Simplification and Consistency
In addition to changes that are expected to provide increased fishing opportunity, other changes
to California recreational fishing regulations were adopted to simplify regulations. The Council
removed the 10 fm depth closure around the Farallon Islands and Noonday Rock in order to
simplify regulations. Of the habitat currently closed to fishing under this regulation, the vast
majority is now part of the North Farallon Islands State Marine Reserve and Southeast Farallon
Islands State Marine Reserve. The reserves were established May 1, 2010, and prohibit fishing
for groundfish and associated species. The limited area outside the reserves in less than 10 fm
is not a concern for fishery management or conservation and would remain open to groundfish
fishing under the specified depth constraint and season length in that Management Area.
To simplify the names used to describe the recreational Management Areas, the longer, less
intuitive status thio names will be replaced with single word names that relate to the geographic
location of the area. In addition, the Council chose to combine the Monterey (from Pigeon Point
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to Point Lopez) and Morro Bay (Point Lopez to Point Conception) South-Central Groundfish
Management Areas into one area.
The Department proposes to combine regulations concerning minor federal groundfish into one
section of Title 14, CCR, for simplification. These species include: Petrale sole, starry flounder,
soupfin shark, Dover sole, English sole, arrowtooth flounder, spiny dogfish, big skate, California
skate, longnose skate, catfish, Pacific rattail, finescale codling, Pacific Cod, Pacific whiting,
sablefish, longspine thornyhead and shortspine thornyhead.
For added consistency, the Council adopted gear restrictions such that no more than one line
and two hooks may be used to recreationally take cabezon and greenlings. This action will
make angling gear restrictions consistent among cabezon, greenlings, rockfish and lingcod,
which are commonly caught and managed together as the RCG complex.
The specific proposed Title 14 regulation changes identified in this regulatory package (outlined
below) are necessary in order to make the State's recreational groundfish regulations consistent
with the new federal rules that will be established by NMFS following the Council's actions. The
proposed changes are necessary to provide the best fishing opportunities possible while staying
within federal and state harvest limits.
Modifications to Section 27.20, Groundfish Management Areas, Seasons, Depth,
Exceptions, and Fishery Closure/Rule Change Process Described.
Existingre in subsection regulations g 27.20(e) describe the fishery closure and/or rule change
process. A harvest limit includes optimum yield, recreational HG, and recreational harvest
target. Proposed changes would include "annual catch limit" and "annual catch target" as valid
types of harvest limits.
Modifications to Section 27.25, Northern Groundfish Management Area.
Existing seasons, depth constraints, and special closure areas regulations (subsection 27.25(b))
establish a May 15 through September 15 season with a maximum depth constraint of 20 fm
(120 feet) for groundfish and associated species for the waters between the Oregon border and
the 40° 10' North Latitude management line near Cape Mendocino (Humboldt County).
Proposed regulations would expand the fishing season for all groundfish and associated species
by changing the season duration to May 14, 2011 (May 12, 2012) through October 31, and
maintain the maximum depth constraint of 20 fm (120 feet).
Modifications to Section 27.30, North-Central North of Point Arena Groundfish
Management Area.
The name of the North-Central North of Point Arena Groundfish Management Area, defined in
subsection 27.30(a), would be changed to the "Mendocino Groundfish Management Area" for
brevity and ease of use.
Existing seasons, depth constraints, and special closure areas regulations (subsection 27.30(b))
establish a May 15 through August 15 season for groundfish and associated species with a
maximum depth constraint of 20 fm (120 feet) for the waters between the 40° 10' North Latitude
management line near Cape Mendocino (Humboldt County) and Point Arena (Mendocino
County). Proposed regulations would keep the fishing season for all groundfish and associated
species near status quo, only changing the opening date to May 14, 2011 (May 12, 2012) rather
than May 15, while maintaining the maximum depth constraint of 20 fm (120 feet).
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• Modifications to Section 27.32 North-Central South of Point Arena Groundfrsh
Management Area.
Section 27.32 would be renumbered as Section 27.35.
The name of the North-Central South of Point Arena Groundfish Management Area, defined in
subsection 27.32(a)would be changed to the "San Francisco Groundfish Management Area" in
subsection 27.35(a).
Existing seasons, depth constraints, and special closure areas regulations in subsection
27.32(b) establish.a June 13 through October 31 season for groundfish and associated species
with a maximum depth constraint of 30 fm (180 feet) for the waters between Point Arena
(Mendocino County) and Pigeon Point (San Mateo County). Regulations proposed for
subsection 27.35(b) would expand the fishing season for all groundfish,and associated species
by changing the season length to June 1 through December 31, and maintain the maximum
depth constraint of 30 fm (180 feet).
Regulations in Subsection 27.32(b)(4) establish a 10 fm or less fishing closure around the
Farallon Islands and Noonday Rock. The proposed regulations would eliminate the 10 fm depth
closure. Areas shallower than 10 fm within the Northern Farallon Islands or the Southeast
Farallon Islands State Marine Reserves would continue to be closed; areas shallower than 10 fm
outside the reserves would allow for groundfish fishing.
• Modifications to Section 27.35, Monterey South-Central Groundfish Management Area
and Section 27.40, Morro Bay South-Central Groundfish Management Area.
Section 27.35 would be renumbered as Section 27.40.
Proposed regulations would combine the Monterey South-Central Groundfish Management
Area, defined in subsection 27.35(a), and the Morro Bay South-Central Groundfish Management
Area, defined in Section 27.40(x) into one management area. The new management area
would be named the"Central Groundfish Management Area" and defined in 27.40(a) as ocean
waters between Pigeon Point (San Mateo County) and Point Conception (Santa Barbara
County).
Existing seasons, depth constraints, and special closure areas regulations (subsections 27.35(b)
and 27.40(b)) establish a May 1 through November 15 season for groundfish and associated
species, with a maximum depth constraint of 40 fm (240 feet), in both the Monterey and the
Morro Bay South-Central Groundfish Management Areas. Regulations proposed for the new
Central Groundfish Management Area in subsection 27.40(b) would expand the fishing season
for all groundfish and associated species by changing the season length to May 1 through
December 31. The maximum depth constraint would be maintained at the status quo of 40 fm
(240 feet).
• Modifications to Section 27.45. Southern Groundfish Management Area.
Existing seasons, depth constraints, and special closure areas regulations (Section 27.45(b))
establish a March 1 through December 31 season for groundfish and associated species with a
maximum depth constraint of 60 fm (360 feet) for the waters between Point Conception (Santa
Barbara County) and the U.S.-Mexico border, except that California scorpionfish may be taken in
January and February with a maximum depth constraint of 40 fm (240 feet). Proposed
regulations would keep the open fishing season at status quo, but increase the 40 fm California
scorpionfish depth constraint to 60 fm. This action would make the Southern California
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scorpionfish depth constraint (60 fm) consistent with the Southern groundfish depth constraint
(60 fm), and California scorpionfish would continue to be open year-round.
• Modifications to Section 27.50 Cowcod Conservation Areas
Existing seasons and depth constraint regulations (subsection 27.50(b)) establish a March 1
through December 31 season for specific groundfish and associated species with a maximum
depth constraint of 20 fm (120 feet) for the waters inside the CCA as defined by general depth
contour lines, except California scorpionfish may be taken year-round. Proposed regulations
would increase the depth constraint inside the CCA from 20 fm to 30 fm year-round, as defined
by Federal waypoints. Proposed regulations would add shelf rockfish, as defined in subsection
1.91(b), to the list of allowable species or species groups to be taken or possessed March 1
through December 31.
• Modifications Conceminq Linqcod to Sections 27.25, Northern_Groundfish_Management
Area; 27.30 North-Central North of Point Arena Groundfish Management Area. 27.32 North-
Central South of Point Arena Groundfish Management Area; 27.35, Monterey South-Central
Groundfish Management Area; 27.40, Morro Bay South-Central_Groundfish Management Area;
27.45, Southem Groundfish Management Area; and 27.50, Cowcod Conservation Areas.
Existing lingcod season regulations in subsections 27.25(c)(3), ( ) O{ ),
27.30 c)(2 , 27.32 c 3
27.35(c)(3), 27.40(c)(3),.27.45(c)(3), and 27.50(c)(2) establish a lingcod spawning closure during
January through March, and December for shore-based anglers. Proposed regulations would
allow for take and possession of recreationally caught lingcod during these months from
beaches, banks, piers, jetties, breakwaters, docks, and other man-made structures connected to
the shore.
Existing lingcod season regulations described in subsections 27.25(c)(4), 27.30(c)(3),
27.32(c)(4), 27.35(c)(4), 27.40(c)(4), 27.45(c)(4), and 27.50(c)(3) establish a lingcod closure
during January through March, and December for divers and spearfishers. Proposed
regulations would remove the diving/spearfishing provision so that recreational divers and
spearfishers would be allowed to take and possess lingcod during these months.
Existing lingcod season regulations in subsections 27.45(b)(1), and 27.50(b)(1)through
27.50(b)(4) establish a lingcod spawning closure during January through,March, and December
for boat-based anglers in the Southern Groundfish Management Area and the CCA. Proposed
regulations would allow for the statewide take and possession of recreationally caught lingcod
during these months from any vessel when the season for groundfish and associated species is
open by management area.
• Modifications to Section 27.65, Filleting Fish on Vessels
Existing regulations in subsection 27.65(b)(3) establish a 16 inch minimum fillet length for
lingcod filleted on a vessel. Proposed regulations would lower the minimum lingcod fillet length
to 14 inches when filleted on a vessel. This action is necessary to accommodate the decrease
in the statewide lingcod minimum size limit from 24 inches to 22 inches total length. Each fillet
would still need to bear intact a one-inch square patch of skin for identification.
• _Modifications to Section 28.26 California Sheephead, Section 28.27 Lingcod; Section
28.28 Cabezon; Section 28.29 Kelp Greenling. Rock Greenling: Section 28.49 Dover Sole
English Sale, Petrale Sole, Arrowtooth Flounder, and Starry Flounder, Section 28.51 Spiny
Dogfish, Souofin Shark; Section 28.52 Big Skates, California Skates, and Longnose Skates,_
Section 28.53 Raffish, Rattails and Codlings; Section 28.54 Califomia Scorpionfish.(Scul in
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Section 28.65 Rockfish (Sebastes); Section 28.56 Leopard Shark, Section 28.57 Pacific Cod,
Pacific Whiting,_Sablefish, and Thornyhea_ds; and Section 28.58 Ocean Whitefish.
Thero osed regulations would combine p p g e Sections 28.49 Dover Sole, English Sole, Petrale
Sole, Arrowtooth Flounder, and Starry Flounder; Section 28.59 Spiny Dogfish, Soupfin Shark;
Section 28.52 Big Skates, California Skates, and Longnose Skates; Section 28.53 Raffish,
Rattails and Codlings; and Section 28.57 Pacific Cod, Pacific Whiting, Sablefish, and
Thornyheads into one section, Section 28.49.
Existing regulations establish seasons and depth constraints for these species or species
groups. Additionally, some species or species groups have size, bag limits, exceptions, and/or
gear restrictions. The proposed regulations would change season dates and/or depth
constraints to match the proposed regulations for the different Groundfish Management Areas
discussed above.
Modifications to Section 28.27, Linqcod.
Subsections 28.27(a)(1) through 28.27(a)(7) define the open season for lingcod in each
Management Area. Existing regulations in these subsections would be modified to make the
lingcod season consistent with the general groundfish season as described above.
Existing regulations in subsection 28.27(c) establish a minimum size limit of 24 inches for
lingcod statewide. The proposed regulations would modify the lingcod minimum size limit from
24 inches to 22 inches.
Existing regulations in subsection 28.27(d) establish a method of take for targeting lingcod. The
allowable gear used to take lingcod is defined as not more than two hooks and one line. The
proposed-regul i-Ons-would-clarify these gear restrictions apply an recreationt angling
for lingcod. Lingcod take by hand or while diving or spearfishing would continue to be allowed.
• Modifications to Section 28.28, Cabezon.
Existing regulations in subsection 2828(b) provide for a two fish bag limit within the ten fish
aggregate bag limit for rockfish, cabezon and greenling (the RCG complex). Proposed
regulations would increase the cabezon bag limit from two fish to three fish, within the RCG
complex bag limit.
Modifications to subsection 28.28(d)would define an allowable method of take for cabezon while
angling. This action would restrict the cabezon method of take to not more than two hooks and
one line, consistent with the lingcod and rockfish regulations.
• Modifications to Section 28.29, Kelp and Rock Greenlina.
Modifications to subsection 28.29(d) would define an allowable method of take for kelp and rock
greenling while angling. This action would restrict the kelp and rock greenling method of take to
not more than two hooks and one line, consistent with the lingcod and rockfish regulations.
• Modifications to Section 28.54, California Scorpionfish (Sculpin).
Existing open areas, seasons, and depth constraints regulations (subsection 28.54(a)(6))
establish a January 9 through December 31 season for Scorpionfish for the Southern Groundfish
Management Area with a maximum depth constraint of 60 fm (360 feet) during March through
December and a maximum depth constraint of 40 fm (240 feet) during January and February.
Proposed regulations would change the January and February depth constraint for California
scorpionfish to 60 fm (360 feet).
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• Modification to Section 28.55 Rockfish (Sebastes).
Existing regulations in subsection 28.55(d) establish a method of take for targeting rockfish. The
allowable gear used to take rockfish is defined as not more than two hooks and one line. The
proposed regulations would clarify these gear restrictions apply only when recreational angling
for rockfish. Rockfish take by hand or while diving or spearfishing would continue to be allowed.
• Modification to Section 28.65, General Fin Fish Gear Restrictions.
Regulations in subsection 28.65(c) define the angling gear restriction when rockfish or lingcod
are aboard or in possession as only one line and not more than two hooks. Proposed
regulations would extend this gear restriction to cabezon and kelp and rock greenlings.
• Modifications to Section 52.90 Take of Shee head Cabezon and Greenlin .
Current regulations in subsection 52:10(x)(2) set the annual TAC for cabezon at 152,100
pounds (69 metric tons). Proposed changes would increase the statewide TAC to 326,200
pounds (1 48 metric tons); consistent with the NFMP guidelines and the higher ACL adopted by
the Council.
The commercial and recreational fisheries are each allocated a specified portion of the TAC in
current regulation--subsections 52.10(a)(2)(A and B). Thus, the allocated harvest amounts for
the commercial and recreational fisheries would need to be adjusted proportionally upward to
account for the increase to the TAC. The current allocation ratio is 39 percent to the commercial
sector and 61 percent to the recreational sector. This existing ratio was applied to the proposed
new TAC to generate proposed sector allocations:
The commercial fishery allocation would increase from 59,300 pounds to 127,200 pounds.
The recreational fishery allocation would increase from 92,800 pounds to 199,000 pounds.
• Modifications to Section 950.16 Commercial Take of Nearshore Fishes.
The current cabezon two month cumulative trip limits per individual, established in subsection
150.16(e)(6)(A), are designed to keep catches to the allowable commercial catch of 59,300
pounds and are as follows:
January-February: 300 pounds
March-April: 100 pounds
May-June: 250 pounds
July-August: 150 pounds
September-October: 900 pounds
November-December: 100 pounds
The Department has proposed a range of trip limit options to accommodate the proposed
increase to the commercial allocation in Section 52.10. The proposed values per each two-
month period range from 0 to 1,000 pounds. The Commission may select values from that range
which will provide for commercial fishing yet ensure the commercial fishery does not exceed its
new higher annual allocation (see above under Modifications to Section 52.10) and which will
continue to align the cabezon season with the minor nearshore rockfish season set by the
Council.
Additional changes are proposed to clarify and simplify the regulations.
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NOTICE IS GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held at the Lions Gate Hotel, 3410 Westover Street,
McClellan, California, on Thursday, September 16, 2010 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 Four Points by Sheraton Hotel, 8110 Aero
Drive, San Diego, California, on Thursday, October 21, 2010 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 October 14, 2010 at the address given below, or by fax at (916) 653-
5040, or by e-mail to FGC@f.qc.ca.gov. Written comments mailed, faxed or e-mailed to the
Commission office, must be received before 5:00 p.m. on October 18, 2010. All comments
must be received no later than October 21, 2010, at the hearing in San Diego, 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, Jon K. Fischer, Acting 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 Jon K. Fischer, or Sherrie Fonbuena at the preceding address or phone
number. 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 ad rens 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, tinning 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
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:
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(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 management actions would relax recreational
groundfish fishing regulations in all of the Groundfish Management Areas for one or more
fish species and may have positive impacts to some businesses in California. Sport
fishing business owners, boat owners, tackle store owners, boat manufacturers, vendors
of food, bait, fuel and lodging, and others that provide goods or services to those that
recreationally pursue groundfish off California may be positively affected to some degree
from increases to business if the 2011 and 2012 seasons are adopted, relative to
previous management cycles. Likewise, commercial fishing industry businesses may
realize positive benefits from increased catches of cabezon. However, anticipated
impacts are speculative and would vary considerably by geographic location and by the
nature and extent of the regulatory action taken.
(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:
The proposed regulatory action could produce some impact on the creation or
elimination of jobs or businesses that rely on recreational or commercial fishing for
groundfish and associated species. However, the degree of impact is highly speculative
in nature and cannot be quantified. See response to (a) above.
(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).
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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
Dated: August 23, 2010 Acting Executive Director
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