February 1, 2023
File-and-Print Rulemaking Action: Landing Commercially Caught Salmon out of State.
As of February 1, 2023, these regulations have been filed with the Secretary of State and are effective as proposed.
November 16, 2022
Proposed File-and-Print Rulemaking Action: Landing Commercially Caught Salmon out of State
Under current regulations in Title 14, California Code of Regulations, the California Department of Fish and Wildlife (Department) issues permits for commercial landings of fish outside of California. However, federal rules prohibit the landing in California of commercially caught salmon from out of state, and the existing permit form, “Permit to Land California Caught Fish at Points Outside of California” does not include an exclusion for salmon. Commercial fishermen have been using the permit to land California-caught salmon out of the state despite Federal laws prohibiting the action. Further, Section 182, Title 14, CCR does not include specific language prohibiting the landing of California-caught salmon out of the state but does prohibit the action by incorporating all “Federal Designated Routine Management Measures” (Section 182(c)(9), Title 14 CCR). Proposed changes to Section 105.1 include a restriction prohibiting the use of this permit to land California-caught salmon outside of the state, while proposed changes to Section 182 include specific language prohibiting California-caught salmon from being landed outside of the state. Both amendments are proposed with the intent to expressly prohibit California-caught salmon deliveries out-of-state, for consistency with federal regulations, to aid enforcement efforts, and to provide clarity to the salmon industry and the public.
The Director of the Department may repeal or amend any regulation adopted pursuant to Fish and Game Code Section 7652 or any other regulation to conform the regulation to federal regulations pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (“Act,” 16 U.S.C. Sec. 1801 et seq.)) if the director finds that this action is necessary to achieve optimum yield in California. Title 2, Division 3, Part 1, Chapter 3.5 - “Administrative Regulations and Rulemaking” does not apply to Section 7652.2 of the Fish and Game Code.
A hearing regarding these proposed changes will be held by the Department on December 9, 2022 starting at 1:00pm. You can join the hearing on Zoom by clicking this link: https://wildlife-ca-gov.zoom.us/j/83528492113(opens in new tab). You can also join by telephone. Dial: 216 706 7075 (Toll) or 866 390 1828 (Toll-free) and enter conference code: 663759.
For more information or to provide comments by email please contact OceanSalmon@wildlife.ca.gov. Please specify ‘Commercial salmon Regulations’ in the subject line. To provide comments via mail, please address your letter to: Ocean Salmon Project, C/O Grace Easterbrook, Senior Environmental Scientist, Specialist, 619 2nd Street Eureka, CA 95501.