Amend Sections 27.20, et al., Title 14, CCR; Re: Recreation Fishing Regulations for Federal Groundfish for 2024

2024040274

California Fish and Game Commission (CDFGC)

NOE - Notice of Exemption

4/5/2024

4/5/2024

Melissa Miller-Henson

California Fish and Game Commission

Executive Director

Lead/Public Agency

PO Box 944209
Sacramento, CA 94244-2090

(916) 653-4899

FGC@fgc.ca.gov

California State Waters

Categorical Exemption

15307 and 15308

In compliance with the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.), the Commission adopted the regulation by also relying on the categorical exemptions contained in CEQA Guidelines sections 15307 (Action by Regulatory Agencies for Protection of Natural Resources) and 15308 (Action by Regulatory Agencies for Protection of the Environment). The exemptions apply to agency actions to assure the maintenance, restoration, and enhancement of natural resources and the environment, respectively. It is the policy of this state to encourage the conservation, sustainable use, and, where feasible, restoration of California’s marine living resources for the benefit of all citizens of the state (Section 7050, Fish and Game Code). Benefits of the proposed management actions include maintaining consistency with federal law and implementing state recreational groundfish fishery regulations that conform to, or are more restrictive than, federal regulations to ensure that biological and fishery allocation goals are not exceeded and to avoid federal preemption under the Magnuson-Stevens Fishery Conservation Act. The proposed regulations will preserve fishing opportunity and continue the reasonable and sustainable management of groundfish resources and the protection of listed and special status species. Specifically, quillback rockfish populations have been designated as overfished by the National Marine Fisheries Service, and data collected by the California Department of Fish and Wildlife revealed that fishing pressure has exceeded sustainable levels. Adopting scientifically-based seasons, depth constraints, and recreational bag limits provides for the maintenance of sufficient populations of quillback rockfish and other groundfish to ensure their continued existence. As such, the Commission concluded that the proposal is an activity that is the proper subject of CEQA’s Class 7 and 8 categorical exemptions. No Exceptions to Categorical Exemptions Apply . Based on review of all available information, the Commission also concluded that the relevant exceptions to categorical exemptions set forth in CEQA Guidelines Section 15300.2 (b)-(f), including the prospect of unusual circumstances and related effects, do not apply. The proposed project presents no risk of cumulative impacts from successive projects of the same type. There is also no reasonable possibility that the adoption of the regulation will have a significant effect on the environment due to unusual circumstances, based on the California Supreme Court’s 2015 decision in Berkeley Hillside Preservation v. City of Berkeley. Compared to the activities that fall within Classes 7 and 8 generally, which include natural resource enhancement activities such as the regulatory effort here, there is nothing unusual about the adopted amendments. In addition, even if there were unusual circumstances, no potentially significant effects on either a project-specific or cumulative basis are expected. Therefore, reliance on the class 7 and 8 categorical exemptions is not precluded by the exceptions set forth in CEQA Guidelines Section 15300.2.