Departmental Rulemaking: Drift Gill Net Transition Program

15 Day Continuation Notice to California Notice Register 2019, No. Z-2019-0325-01 Re: Drift Gill Net Transition Program

June 7, 2019

In accordance with the Administrative Procedure Act, this is a 15 day continuation notice of proposed regulatory action relative to additional amendments to sections 106, 106.5, and 107, Title 14, California Code of Regulations (CCR) for the proposed Drift Gill Net Transition Program regulations. These proposed regulations were published in the California Regulatory Notice Register on April 5, 2019, No. 14-Z: OAL Notice File No. Z-2019-0325-01, and were available for a 45-day public comment period through May 20, 2019 (the “Original Proposed Package”). A public hearing was held on May 23, 2019.

This 15-day comment period allows for public comments only on the Amended Initial Statement of Reasons (ISOR), as indicated by bolded double strikeout and bolded double underline to the Original Proposed Package, not on the aspects of the package that were already noticed during the initial 45-day period. The comments and respective responses from the 45-day period, and comments with responses from the 15-day period, will be published with the Final Statement of Reasons (FSOR), around the time the Department would adopt the revised regulations, and before the planned effective date of October 1, 2019.

Any interested person, or his or her authorized representative, may submit written comments on the changes to the Original Proposed Package to the Department. All written comments must be received by the Department via mail, or e-mail, no later than 5:00 p.m. Sunday, June 23, 2019, to the contact as follows:

California Department of Fish and Wildlife
Regulations Unit – Drift Gill Net Transition Program
Attn: Ona Alminas, Environmental Scientist
1416 Ninth Street, Room 1342-A
Sacramento, CA 95814
Phone: 916-653-1902
Email: Regulations@wildlife.ca.gov

Please direct all questions on the substance of the proposed changes to the Original Proposed Package to the contact person listed above.

The proposed revisions to the rulemaking file consist of the following documents:


Notice of Proposed Rulemaking: Drift Gill Net Transition Program (Sections 106, 106.5 and 107, Title 14, CCR)

April 5, 2019

The California Department of Fish and Wildlife (Department) has published the Notice of Proposed Action to amend sections 106 and 107, and add Section 106.5 to Title 14, California Code of Regulations (CCR).

Senate Bill 1017 (Allen), signed into law on September 27, 2018, directs the Department to establish a voluntary Drift Gill Net Transition Program (Transition Program), which incentivizes drift gill net permittees to transition out of the drift gill net shark and swordfish fishery, reduces bycatch, and provides for a sustainable swordfish fishery (Fish and Game Code sections 8583 and 8583.5).

The Transition Program allows permittees to voluntarily surrender their drift gill net shark and swordfish permit and large mesh drift gill net(s) to the Department ahead of the prescribed sunset date in exchange for a one-time payment prescribed by Fish and Game Code Section 8583. The Transition Program specifies the method of participation and other requirements mandated by Section 8583.

In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the California Regulatory Notice Register on April 5, 2019 (OAL file no. z2019-0325-01).

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 email, no later than 5:00 p.m. on May 20, 2019, to the contact as follows:

California Department of Fish and Wildlife, Regulations Unit
Attn: Ona Alminas, Sr. Environmental Scientist
1416 9th Street, Room 1342-A
Sacramento, CA 95814

Email: Regulations@wildlife.ca.gov

In response to requests, a public hearing on the proposed regulations has been scheduled as follows:

Thursday, May 23, 2019
11:00 a.m. to 1:00 p.m.
CDFW Los Alamitos Office, Conference Room
4665 Lampson Avenue, Suite C
Los Alamitos, California

The hearing will also be accessible via teleconference and internet:

  • link opens in new windowWebEx Meeting
  • Teleconference Line: (888) 808-6929, passcode 9961539 #

The conference room is wheelchair accessible. At the public hearing, any person may present oral and written comments on the proposed regulations. Department staff will be present to receive comments and hear testimony. Any interested person with questions regarding this proposal should email Regulations@wildlife.ca.gov.

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