Departmental Rulemaking: Drift Gill Net Transition Program Timeline Extension

Notice of Proposed Rulemaking: Drift Gill Net Transition Program Extension (Section 106.5, Title 14, CCR)

March 5, 2021

The California Department of Fish and Wildlife (Department) published the Notice of Proposed Action to amend Section 106.5 to Title 14, California Code of Regulations (CCR) on March 5, 2021 OAL Z file # 2021-0223-02.

As directed by FGC Section 8583, the Department established the Drift Gill Net Transition Program (Transition Program) to incentivize commercial fishermen to transition out of the drift gill net shark and swordfish fishery, which reduces bycatch and provides for a more sustainable swordfish fishery. The Transition Program allows permittees to voluntarily surrender their drift gill net (DGN) shark and swordfish permit and large mesh DGN(s) to the Department ahead of the prescribed sunset date in exchange for a one-time payment prescribed by FGC Section 8583. The proposed amendments to Section 106.5 would extend the current March 31, 2021 deadline for permittees to complete the Transition Program and extend it to one year from the date of notification of eligibility by the Department or January 31, 2024, whichever is sooner, to allow for the full participation of all voluntary participants. These amendments also aim to clarify that the most recent valid drift gill net shark and swordfish permit held between the 2019/2020 and 2023/2024 permit year will be accepted.

In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action with the Office of Administrative Law for publication in the California Regulatory Notice Register on March 5, 2021.

Any interested person, or his or her authorized representative, may submit written comments on the proposed action to the Department. All written comments must be received by the Department via mail, or e-mail, no later than April 19, 2021, to the contact as follows:

California Department of Fish and Wildlife, Marine Region
Attn: Travis Buck, Senior Environmental Scientist
3883 Ruffin Road
San Diego, CA 92123

The current rulemaking file for this proposal consists of the following documents:

  1. Notice of Proposed Action (PDF)
  2. Amended Section 106.5 regulatory text (PDF) (Title 14, CCR; shown by strikeout/ underline)
  3. Initial Statement of Reasons (ISOR) (PDF)
  4. Economic and Fiscal Impact Statement (Form 399) (PDF) and addendum (PDF)