Notice of Proposed Emergency Action for Commercial Groundfish Management Measures

Approval 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))

February 12, 2024

In accordance with the Administrative Procedure Act, the Office of Administrative Law (OAL) approved(opens in new tab), 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)(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

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