OAL Approval of Second 90-day Extension of Emergency Regulations: Commercial Groundfish Management Measures
November 13, 2024
OAL approved the second 90-day extension of the emergency regulations, effective November 13, 2024 through February 12, 2025.
Notice of Second Proposed 90-day Extension of Emergency Regulations: Commercial Groundfish Management Measures
October 25, 2024
The Department of Fish and Wildlife (Department) proposes a second extension (re-adoption) for an additional 90 days of the addition of Section 35.00, and amendment of sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR). These emergency regulations created a California Groundfish Restriction Area (CGRA) and established trip limits for commercial take of nearshore rockfish, except for quillback rockfish (Sebastes maliger), and California scorpionfish in state waters outside of the CGRA.
The Department’s proposed action would readopt and extend the emergency regulations implemented on February 12, 2024, and extended for an initial 90 days on August 13, 2024. The original emergency regulations established a 20-fathom boundary line approximating the 20-fathom depth contour because available fishery data indicate quillback rockfish off California are infrequently encountered in waters shallower 20 fathoms. This 20-fathom boundary line would continue for use in management for both the commercial and recreational groundfish fisheries, as needed.
The modifications set in place with the first 90-day emergency extension adjusted the southern boundary from 36° N latitude (near Point Lopez, Monterey County) to 37° 07' N latitude (Ano Nuevo, San Mateo County). This change established a commercial CGRA between the 20-fathom boundary line and the shoreward boundary of the EEZ north of 37° 07' N latitude (i.e., prohibiting commercial groundfish fishing between the 20-fathom and the shoreward boundary of the EEZ in this area). Trip limits for groundfish species authorized for take under a nearshore or deeper nearshore permit continue to be authorized. Commercial take of all other non-nearshore groundfish in state waters north of 37° 07' N latitude continue to be prohibited. This latitudinal boundary modification set in place with the first 90-day emergency extension removed the CGRA and 20-fathom boundary line between 37° 07' and 36° N latitude. South of 37° 07' N latitude, federal commercial groundfish trip limits, except for those species authorized for take under a nearshore or deeper nearshore permit, continue to extend into state waters. South of 37° 07' N latitude, take of nearshore or deeper nearshore permitted species continue to be authorized by state regulation.
This second emergency extension proposes no changes from those in effect with the first emergency extension (effective August 13 through November 13, 2024) already in place. If approved by the Office of Administrative Law, this action would extend the existing regulations an additional 90 days from November 13, 2024 into February 2025, while the standard regulation to make these emergency regulations (i.e., certificate of compliance) are proposed for adoption.
Written Comment Period
Any interested person may present statements, arguments, or contentions, in writing, submitted via U.S. mail or e-mail, relevant to the proposed emergency regulatory action. Written comments submitted via U.S. mail or e-mail must be received at OAL within five days after the Department submits the emergency regulations to OAL for review. The Department anticipates it will submit the rulemaking to OAL on or after November 1, 2024. For the status of the Department’s submittal to OAL for review, and the end of the five-day written submittal period, please consult OAL's website under the heading “Emergency Regulations.”
Please reference submitted comments as regarding “CDFW Emergency Regulations Re-adoption: Commercial Groundfish Management Measures” addressed to:
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Email: staff@oal.ca.gov
Fax: (916) 323-6826
AND
Department of Fish and Wildlife
Attn: Andre Klein
20 Lower Ragsdale Drive, Suite 100
Monterey, CA 93940
Email: groundfish@wildlife.ca.gov
Documents
The current rulemaking file for this proposal consists of the following documents:
A bit more background about the emergency process can be found in the images below. The Office of Administrative Law maintains more general information about the process: About the Emergency Rulemaking Process | OAL.
The emergency rulemaking timeline pursuant to Government Code 11346.1, requires that at least 5 working days before submitting an emergency regulation to OAL that the adopting agency shall send a notice of the proposed emergency action to every person who has filed a request for notice of regulatory action with the agency. This is not technically a comment period, but more of a 5 working day advance notice. Then, the adopting agency submits the emergency action to OAL, which then starts a 10-day emergency public comment period and OAL review. The first 5 calendar days allow for public comment, which must be sent to both the adopting agency AND to OAL. Then, OAL has 5 calendar days to review, and approve, or disapprove.
Emergency and Certificate of Compliance timeline: Commercial Groundfish Management Measures (PDF)
Notice of Proposed Rulemaking: Commercial Groundfish Management Measures (Certificate of Compliance) (Adopt Section (§) 35.00, Amend Sections (§) 150.06, 150.16, 189 Title 14, CCR)
October 11, 2024
The Department has proposed to adopt Section 35.00 and amend sections (§) 150.06, 150.16, 189, Title 14, California Code of Regulations (CCR) on a permanent basis. The purpose of this proposed regulatory change is to continue into the long-term existing regulations put in place by emergency action (OAL # 2024-0202-02E and 2024-0726-02EE) by way of a “certificate of compliance” regular rulemaking.
The Department’s proposed action would preserve allowable state permitted nearshore opportunity, while also complimenting recent changes to federal regulations regarding the commercial take of groundfish south of 37° 07' N latitude. Without the Department’s proposed certificate of compliance action, impacts to quillback rockfish from the unlimited non-nearshore commercial groundfish fishery would continue to accrue past an expiration of the current emergency in effect.
[updated October 25, 2024:] This standard rulemaking proposes no substantive changes from those in effect with the first emergency extension (effective August 13 through November 13, 2024) already in place. If approved by the Office of Administrative Law, this action would make permanent the existing regulations effective February 2025, while the second 90-day extension would maintain the emergency regulations in place until then.
After consideration of all public comments, objections, and recommendations regarding the proposed action, the Department may adopt the proposed regulations.
Public Hearing
A virtual public hearing is scheduled by as follows:
Date: Wednesday, December 4, 2024
Time: 1:00 p.m. to 2:00 p.m.
Location: Teleconference and Webinar
Meeting: Join the meeting
Meeting ID: 276 226 261 051
Passcode: id3q9PJ6
Phone Number: 916-535-0984
Phone Conference ID: 145 819 788#
At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Department requests, but does not require, that the persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing.
Written Comment Period
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 Wednesday, December 4, 2024, to the contact as follows:
California Department of Fish and Wildlife
Regulations Unit
Attn: Ona Alminas, Regulations Unit Manager
P.O. Box 944209
Sacramento, CA 94244-2090
Email: Regulations@wildlife.ca.gov
Documents
The current rulemaking file for this proposal consists of the following documents:
OAL Approval of 90-day Extension of Emergency Regulations: Commercial Groundfish Management Measures (Updates to Sections 150.06, 150.16, Title 14, California Code of Regulations (CCR))
August 13, 2024
OAL approved the 90-day extension of the emergency regulations, effective August 13, 2024 through November 12, 2024. The Department of Fish and Wildlife plans to request a second 90-day re-adoption to extend the regulation into early 2025.
Notice of Proposed 90-day Extension of Emergency Regulations: Commercial Groundfish Management Measures (Updates to Sections 150.06, 150.16, Title 14, California Code of Regulations (CCR))
July 19, 2024
The Department of Fish and Wildlife (Department) proposes to re-adopt the Section 35.00, and amend sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR) that created a California Groundfish Restriction Area (CGRA) and established trip limits for commercial take of nearshore rockfish, except for quillback rockfish (Sebastes maliger), and California scorpionfish in state waters outside of the CGRA.
The Department’s proposed action would readopt and extend the emergency regulations implemented on February 12, 2024, with modifications. The original emergency regulations established a 20-fathom boundary line approximating the 20-fathom depth contour because available fishery data indicate quillback rockfish off California are infrequently encountered in waters shallower 20 fathoms. This 20-fathom boundary line would be readopted and available for use in management for both the commercial and recreational groundfish fisheries, as needed. Additionally, the proposed modifications would adjust the southern boundary from 36° N latitude (near Point Lopez, Monterey County) to 37° 07' N latitude (Ano Nuevo, San Mateo County). The results of this modification would establish a commercial CGRA between the 20-fathom boundary line and the shoreward boundary of the EEZ north of 37° 07' N latitude (i.e., would prohibit commercial groundfish fishing between the 20-fathom and the shoreward boundary of the EEZ in this area). Trip limits for groundfish species authorized for take under a nearshore or deeper nearshore permit would continue to be authorized. Commercial take of all other non-nearshore groundfish in state waters north of 37° 07' N latitude would continue to be prohibited.
Further, the proposed latitudinal boundary modification would remove the CGRA and 20-fathom boundary line between 37° 07' and 36° N latitude. South of 37° 07' N latitude, federal commercial groundfish trip limits, except for those species authorized for take under a nearshore or deeper nearshore permit, would be extended into state waters. South of 37° 07' N latitude, take of nearshore or deeper nearshore permitted species would continue to be authorized by state regulation.
Written Comment Period
Any interested person may present statements, arguments, or contentions, in writing, submitted via U.S. mail or e-mail, relevant to the proposed emergency regulatory action. Written comments submitted via U.S. mail or e-mail must be received at OAL within five days after the Department submits the emergency regulations to OAL for review. The Department anticipates it will submit the rulemaking to OAL on or after July 25, 2024. For the status of the Department’s submittal to OAL for review, and the end of the five-day written submittal period, please consult OAL's website under the heading “Emergency Regulations.”
Please reference submitted comments as regarding “CDFW Emergency Regulations Re-adoption: Commercial Groundfish Management Measures” addressed to:
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Email: staff@oal.ca.gov
Fax No.: (916) 323-6826
AND
Department of Fish and Wildlife
Attn: Andre Klein
20 Lower Ragsdale Drive, Suite 100
Monterey, CA 93940
Email: groundfish@wildlife.ca.gov
Documents
The current rulemaking file for this proposal consists of the following documents:
Approval of Emergency Rulemaking (180 days): Commercial Groundfish Management Measures (Add Section 35.00 and Amend Sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR))
February 12, 2024
In accordance with the Administrative Procedure Act, the Office of Administrative Law (OAL) approved, on February 12, 2024, the regulatory action to add Section 35.00 and amend Sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR). The OAL regulatory file number for this OAL action is 2024-202-02E. In its review, OAL only made non-substantive edits, such as punctuation or spacing, or adjusted some references. The new regulations are effective as of February 12, 2024, and are in effect for at least 180 days pursuant to Government Code Section 11346.1 and 11349.6. The final approval to the rulemaking file consists of the following documents:
Notice of Proposed Emergency Rulemaking: Commercial Groundfish Management Measures (Add Section 35.00 and Amend Sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR))
January 26, 2024
The California Department of Fish and Wildlife (Department) is providing Notice of Proposed Emergency Action to add Section 35.00 and amend sections 150.06, 150.16, and 189, Title 14, California Code of Regulations (CCR).
The California Department of Fish and Wildlife (Department) proposes an emergency action that will create a California Groundfish Restriction Area (CGRA) and will establish trip limits for commercial take of nearshore rockfish, except for quillback rockfish (Sebastes maliger), and California scorpionfish in state waters outside of the CGRA. The CGRA would extend from 36° N latitude (near Point Lopez) to the California Oregon Border and from an easterly boundary line approximating 20 fathoms to a westerly boundary line that is defined as the boundary of the Exclusive Economic Zone or EEZ, generally three nautical miles from shore. Take and possession of all other non-nearshore groundfish not listed would be prohibited in state waters north of 36° N latitude. The goal of the CGRA is to minimize interaction with particular species of groundfish that cannot be selectively avoided and must be protected by limiting or prohibiting fishing in certain depths or areas for federal groundfish and all greenlings of the genus Hexagrammos.
Written Comment Period
Any interested person may present statements, arguments, or contentions, in writing, submitted via U.S. mail or e-mail, relevant to the proposed emergency regulatory action. Written comments submitted via U.S. mail or e-mail must be received at OAL within five days after the Department submits the emergency regulations to OAL for review. The Department anticipates it will submit the rulemaking to OAL on or after February 2, 2024. For the status of the Department’s submittal to OAL for review, and the end of the five-day written submittal period, please consult OAL's website(opens in new tab) under the heading “Emergency Regulations.”
Please reference submitted comments as regarding “CDFW Emergency Regulations: Commercial Groundfish Management Measures” addressed to:
Reference Attorney
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
Email: staff@oal.ca.gov
Fax No.: (916) 323-6826
AND
Department of Fish and Wildlife
Attn: Andre Klein
20 Lower Ragsdale Drive, Suite 100
Monterey, CA 93940
Email: groundfish@wildlife.ca.gov
Documents
The current rulemaking file for this proposal consists of the following documents: