Proposed Emergency Action for Commercial Groundfish Management Measures

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.

• Final regulatory text for re-adoption (PDF) (strikeout-underline of sections 150.06, 150.16, and no changes from the original emergency to sections 35.00 and 189, Title 14, CCR)
• OAL approval (PDF) (re-adoption valid from 11/13/2024 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:

• Notice of Proposed Re-adoption Action (PDF)
• Regulatory text (no changes from 1st 90-day readoption): Add Section 35.00 and amend sections 150.06, 150.16, and 189 (PDF) (Title 14, CCR)
• Finding of Emergency/ Emergency Statement for Re-adoption ("ESOR") (PDF)
• Economic and Fiscal Impact Statement (Form 399) and addendum (available upon request)

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.

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. (meeting details will be made available at least seven days in advance of the meeting)
Location: Teleconference and Webinar
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:

• Notice of Proposed Action (PDF)
• Proposed regulatory text – adopt Section 35.00, amend Sections 150.06, 150.16, 189 (PDF) (Title 14, CCR; shown by strikeout/underline)
• Initial Statement of Reasons (ISOR) (PDF)
• Economic and Fiscal Impact Statement (Form 399) and addendum (available upon request)

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.

• Final regulatory text for re-adoption (PDF) (strikeout-underline of sections 150.06, 150.16, and no changes from the original emergency to sections 35.00 and 189, Title 14, CCR)
• OAL approval (PDF) (re-adoption valid from 8/13/2024 through November 12, 2024)

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:

• Notice of Proposed Re-adoption Action (PDF)
• Regulatory text with proposed modifications shown by strikeout-underline- Add Section 35.00 and amend sections 150.06, 150.16, and 189 (Title 14, CCR) (PDF)
• Finding of Emergency/ Emergency Statement for Re-adoption ("ESOR") (PDF)
• Economic and Fiscal Impact Statement (Form 399) and addendum (available upon request)

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:

• Final OAL Approval (PDF)
• Final Regulatory Text adding Section 35.00 and amending Sections 150.06, 150.16, and 189, Title 14, CCR (PDF)

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:

• Notice of Proposed Emergency Action (PDF)
• Proposed regulatory text - Add Section 35.00 and amend sections 150.06, 150.16, and 189 (PDF) (Title 14, CCR; shown by strikeout/underline)
• Finding of Emergency/ Emergency Statement ("ESOR") (PDF)
• Economic and Fiscal Impact Statement (Form 399) and addendum (available upon request)