Emergency Regulatory Action to Amend Sections 5.79, 5.80, 27.90 and 27.92, Title 14, California Code of Regulations (CCR), Regarding White Sturgeon Sport Fish

2024070173

California Fish and Game Commission (CDFGC)

NOE - Notice of Exemption

7/3/2024

7/3/2024

Melissa Miller-Henson

California Fish and Game Commission

Executive Director

Lead/Public Agency

P.O. Box 944209
Sacramento, CA 94244-2090

(916) 653-4899

Melissa.Miller-Henson@fgc.ca.gov

Waters in which white sturgeon are found

Categorical Exemption

Class 7 and 8, California Code of Regulations, Title 14, sections 15307 and 15308

Class 7 of the CEQA Guidelines (Section 15307, Title 14, CCR), consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife conservation activities of the Department. Readoption of emergency regulations amending sections 5.79, 5.80, 27.90 and 27.92, Title 14, CCR will continue through November 11, 2024 the existing 1 fish per year bag limit, 42 to 48-inch slot limit, seasonal and geographical closures, and per day boat limits established by emergency regulation. Readoption of the emergency regulation is necessary to protect the white sturgeon population until a regular regulation can be implemented. During July and August 2022, the San Francisco Bay region experienced a major HAB that resulted in significant mortality of fishes, including sturgeon. The Department recorded over 850 sturgeon carcasses, the majority legal-sized or larger (J. Hobbs, CDFW Region 3, unpublished data). Based on carcass studies and fish kills of other species of sturgeon, it is thought that only a small percentage of the fish killed floated long enough to be detected (Fox et al. 2020). The absolute magnitude of this impact on the white sturgeon population is unknown, but is thought to be significant. Readoption of the emergency regulation is necessary to significantly reduce the fishery exploitation rate of White Sturgeon to sustainable levels and to minimize harassment and handling, in order to protect the surviving population and maintain a recreational fishery in the future. Class 8 of the CEQA Guidelines (Section 15308, Title 14, CCR), consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The emergency action to readopt amendments to sections 5.79, 5.80, 27.90 and 27.92, Title 14, CCR will reduce harvest of white sturgeon effective immediately. The Commission routinely adopts regulations for inland sport fish management. During July and August 2022, the San Francisco Bay region experienced a major HAB that resulted in significant mortality of fishes, including sturgeon. The Department recorded over 850 sturgeon carcasses, the majority legal-sized or larger. Based on carcass studies and fish kills of other species of sturgeon, it is thought that only a small percentage of the fish killed floated long enough to be detected. The absolute magnitude of this impact on the white sturgeon population is unknown, but is thought to be significant. White sturgeon are long lived, potentially in excess of 100 years, with most reaching maturity by approximately 14-15 years. Successful recruitment to the adult population is uncommon, occurring approximately every 6-7 years, highly correlated with above normal water years. The abundance of legal-sized white sturgeon has declined considerably since the 1980s. Readoption of the emergency regulations is necessary to significantly reduce the fishery exploitation rate of white sturgeon to sustainable levels and to minimize harassment and handling in order to protect the surviving population, which is part of the Sacramento-San Joaquin Delta’s biodiverse environment.