Preview of the April California Fish and Game Commission meeting

Beginning Wednesday, April 8 – the Fish and Game Commission (FGC) will meet to discuss the items described below.  This overview is fishing-centric and does not delve into the myriad of hunting and other non-fishing related items.  If you are so interested, you can watch the meeting via live stream at www.cal-span.org.  Video and audio recordings will also be made available shortly after the conclusion of the meeting to watch or listen to at your convenience.  The revised Agenda for the April FGC meeting is available at – http://www.fgc.ca.gov/meetings/2015/Apr/04080915agd.pdf.

For each Agenda item that deals with fishing-related issues, we will identify the Item and provide a brief discussion of each.  We will reference materials submitted to the Commission for that item and other information we have.

Agenda Item 1 – Public Forum 

There are a number of items submitted under this Agenda item which impact California’s fisheries, those are noted below.

Abalone – request that start time be back to ½ hour before sunrise and reduce the total take of Abalone to 15 per year to promote opportunities for all abalone fishermen. This request has been scheduled for the June FGC meeting

Feather River spring salmon – two requests: (i) to release low flow provisions up to the Highway 62 bridge to permit increased fishing opportunities and (ii) an early salmon season to commence May 2, with a daily possession limit of one fish. These requests have been scheduled for the June FGC meeting.

Sportfishing, Inyo County limits – a request to establish size and possession limits for Pine Creek. This request has been scheduled for the June FGC meeting.

Market squid – a number of requests including (i) establishing an emergency daily boat limit of 50 tons for conservation purposes next season; and (ii) change in FMP to allow experimental market squid vessel permits. These have been scheduled for the June FGC meeting.

Central Valley salmon – a request to eliminate size and bag limits for striped bass to reduce predation on Central Valley Spring Run Chinook Salmon, Central Valley Steelhead and Green Sturgeon.

Inland filleting of salmon – a request to abolish fillet regulations for inland salmonoids.

Agenda Item 4 – Marine Resources Committee

A brief overview of the Marine Resources Committee meeting held in Marina, Ca on March 4.  Items discussed included Agency updates (Ocean Protection Council and CDFW); Update on Red Abalone Fishery Management Plan; Update on Spiny Lobster Fishery Management Plan and possible endorsement of proposed implementing regulations; Identify and discuss possible amendment to ocean sportfishing regulations for the 2016 season; Presentation by Ca Sportfishing League on enhancing participation in ocean sport fishing; Presentation by US FWS requesting consideration of special closures for seabird marine mammal protection along the central coast; Review of regulations for issuing experimental squid fishing permits under the California Code of Regulations; California’s fishing communities – challenges and opportunities; Updates on items previously before the Committee – Pacific Herring FMP, Fisheries Bycatch Workgroup and Other.

Agenda Item 5 – Update on timeline for Spiny Lobster FMP and rulemaking, and receive DFW’s recommended proposed regulations

A preliminary Draft FMP was made available in late November of last year.  This document was a pre-peer review version and was no public comments were taken on this preliminary draft.  That document is available at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=91448&inline.  The current timeline is as follows:

Mid May 2015 – Final report submitted to the DFW after completion of peer review

June 2015 – Presentation to FGC re overview of the FMP including the harvest control rules

Aug 2015 – FGC to receive FMP and CEQA documents

Dec 2015 – Discussion/possible adoption of FMP and CEQA certification.

New regulations to be in effect for the 2016 – 2017 lobster season.

The following are recommendations which received consensus from the Lobster Advisory Committee (LAC), approval by the Marine Resources Committee and are not being presented to the full FGC.

Recreational Regulatory Changes:

Hole-punching/fin clipping of recreational caught lobsters

This is to address the illegal commercialization of sport caught lobster

New recreational season opening

Opening moved from midnight to 6 AM Saturday.  Why – it helps law enforcement and is envisioned to reduce negative interactions in harbors and jetties.

Hoop net identification

Proposed ID will be the GO ID number which is thought to maintain confidentiality and minimizes risk of ID theft

Clarify “hooked” device

Focus on how lobster may be taken – by hand only for divers – rather than how it cannot be taken.  This would allow carrying a spear gun or pole spear while diving for lobster.

Mechanized pullers

While the Lobster Advisory Committee recommended this as a means to keep commercial traps from being robbed; the DFW did not agree citing only one reported case over a 10 year period.

Consensus was not reached on effort limitations on the recreational sector (daily bag limits, possession limits) or on the banning of conical hoop nets as such, while hotly debated during the LAC process – the Department will not be forwarding recommendations on these issues.

Commercial Regulatory Changes:

Trap limit

300 traps per permit with each fisherman having the ability to purchase another permit to give them the ability to fish up to 600 traps.

Tagging requirement

Department issued trap tags will be required.  Each permittee will be issued 300 tags before the start of the season.

Catastrophic gear loss

Proposed definition of catastrophic loss is 75 or more tags per permit.  Such claims to be submitted to the DFW for approval with the law enforcement division being the judge.

Allowing SCUBA equipment on board commercial vessels

For the purpose of finding and securing lost traps.  No take authorized by use of SCUBA gear.

More than one permittee may operate from a single vessel

Each permittee must be on the vessel of more than one individual’s traps are being pulled.  In case of a violation, joint and several liability will attach.

7-day soak time using Federal Rules re weather

Adopt language which mirrors 50 CFR §660.230(3).  Traps must be serviced at least once every 7 days.

Limit use of a “note” to service another’s traps

Adopt something similar to the process used in the commercial Dungeness crab fishery

Allow deployment of traps 9 days prior to start of season

The traps must be unbaited with doors wired open until bait day – which remains unchanged.  Traps must be out of the water 9 days after close of season as well.

Additional recommendations not addressed by the Lobster Advisory Committee:

Traps will be considered abandoned in left unserviced for 14 days.

Logbooks and landing receipts to be modified to improve fishery dependent data collection

Agenda Item 7 – Adoption of proposed changes to sportfishing fillet requirements for tunas and bad and possession limits for Pacific bluefin tuna for consistency with federal rules in 2015-16.  (Sections 27.65 and 28.38, Title 14, CCR)

Back in February we wrote a post about this issue – see https://westcoastfisheriesconsultants.wordpress.com/2015/02/14/pacific-bluefin-tuna-why-californias-fishermen-are-impacted/.  This is the adoption hearing which will effectuate the regulations proposed earlier.

Here is the presentation which will be given by the Department to the Commission.  http://www.fgc.ca.gov/meetings/2015/Apr/Exhibits/7_5_DFW_presentation_Item_7_BluefinAdoptionSlides_rev2.pdf

We have yet to report on the fillet requirements for tuna species. To note, these fillet regulations will only apply South of Point Conception and will cover those tuna species covered under the PFMC’s Highly Migratory Species FMP – Pacific bluefin tuna, yellowfin tuna, albacore and skipjack.  The proposed language reads as follows:

For all species of tuna filleted on any boat or brought ashore as fillets south of a line running due west true from Point Conception, Santa Barbara County (34^o27′ N. lat.) each fish must be individually bagged as follows:

(A) The bag must be marked with the species’ common name.

(B) The fish must be cut into six pieces with all skin attached. These pieces are the four loins, the collar removed as one piece with both pectoral fins attached and intact, and the belly fillet cut to include the vent and with both pelvic fins attached and intact.

The fillet regulations are designed to allow law enforcement to determine whether the fillets are from a bluefin tuna compared to any of the other covered species.

The only question that will remain after Wednesday is when will be the effective date of these regulations.

Agenda Item 8 – Adoption of proposed changes to Pacific halibut sportfishing regulations for consistency with federal rules in 2015.  (Section 28.20, Title 14, CCR)

As we have previously discussed, the State reps at the International Pacific Halibut Commission and Pacific Fishery Management Council were able to secure a four-fold increase to California’s share of the region’s Pacific Halibut quota.

The downside of this will be a much closer tracking of landings to ensure California anglers do not exceed their allotted quota – which for 2015 is 25,220 pounds.  This will require in-season management which may lead to a decreased season length.

Here is the presentation which will be given by the Department to the Commission.  http://www.fgc.ca.gov/meetings/2015/Apr/Exhibits/8_6_DFW_Presentation_Item_8_P_hal_Adoption.pdf.  In it you will see the rule’s objectives, a summary of recent decisions made by the PFMC, 2015 season dates, allowable method of take (one line with two hooks and use of a harpoon is OK to assist in landing) and the procedures being contemplated to effectuate inseason closure of the fishery.

Agenda Item 9 – Request for authorization to publish notice of intent to amend Dungeness crab and crab trap sportfishing regulations (Sections 29.80 and 29.85, Title 14, CCR)

This is something that first got on the Department’s radar resulting from the FGC’s December 2013 meeting.  Through this action, the Department seeks FGC authorization to publish a notice of its intent to proposed regulatory changes to the Dungeness crab fishery as follows:

Make bag and size limits uniform statewide for California Commercial Passenger Fishing Vessels (sport boats).

Require sport crab traps contain a destruct device to prevent ghost fishing by lost traps

Require trap buoys display information identifying the crab trap owner to deter theft of crabs from traps.

Implementation of a 7-day waiting period prior to the start of the Dungeness crab recreational season for deploying crab traps.

Adding language which clarifies that Pt Arguello is in Santa Barbara County.

Here is the presentation which will be given by the Department to the Commission.  http://www.fgc.ca.gov/meetings/2015/Apr/Exhibits/9_6_DFW_Presentation.pdf

Because this appears to have widespread support, we envision this will move forward as proposed.

Agenda Item 10 – Request for authorization to publish notice of intent to amend commercial market squid light regulations and market squid logbooks (Section 149 and Appendix A, Title 14, CCR)

The Department proposes the following regulatory changes impacting California’s commercial squid fishery:

Modifications of information required on light/brail boat and market squid vessel logbooks.

Citing the increased usage of LED lights in the fishery, changing the unit of measurement for lights from watts to lumens which replacing “filament” with “bulb” in the shielding requirements.

Ban the use of underwater lights in the fishery.

We expect the logbook modifications and a limited version the second proposal to proceed.  While we are not seeing the wide-spread use of LED lights within the fishery today; future iterations of LED light technology may be more effective in the commercial take of squid.  We envision requiring the shielding of the entire bulb will be limited to LED lights as to apply it across the board will result in great expense to the fishery participants in designing and having fabricated replacement light shields.   For a number of reasons, we don’t expect to see the proposal to ban the use of underwater lights moving forward.

Agenda Item 11 – Receive Department summary of proposed changes to marine protected area regulations to be included in proposed rulemaking scheduled for notice in August

The definition of “take” is to be clarified.  The goal being to streamline language and reduce redundancies.

Updating allowable uses for the following MPAs:

Drakes Estero SMCA – remove aquaculture allowance

Morro Bay St Marine Recreational Management Area – modify aquaculture use

Ano Nuevo – change from a SMCA to a SMR

Most MPAs will have their boundaries adjusted to reflect accuracy

Adjust shared boundary between Laguna Beach SMR and Laguna Beach no-take SMCA. Shared boundary to be moved south by 943 feet.

Agenda Item 18 – Discussion of proposed changes to Central Valley river salmon sport fishing regulations (Subsections 7.50(b)(5), (b)(68) and (b)(156.5), Title 14 CCR)

This a follow-up discussion on regulations that were initially introduced in September, 2014.  Note:  There will still be a public comment period during the April 8 meeting; but the adoption hearing will take place via telephonic conference call on April 17 following the adjournment of the April PFMC meeting.

Agenda Item 21 – Department informational items

A few items here are deserving of being shared:

The DFW’s Marine Region – 2014 by the Numbers (http://www.fgc.ca.gov/meetings/2015/Apr/Exhibits/21B_1_CDFW_MarineRegion_ByTheNumbers_032315_reduced.pdf)

The DFW’s Marine Region – Year in Review (http://www.fgc.ca.gov/meetings/2015/Apr/Exhibits/21B_2_CDFW_MarineRegion_2014YrInReview_032615_reduced.pdf)

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