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
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(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: