Amend Sections 165 and 705.1 of Title 14, California Code of Regulations (CCR), Regarding Commercial Harvest of Kelp and Other Aquatic Plants; Commercial Kelp H

2025050188

California Fish and Game Commission (CDFGC)

NOE - Notice of Exemption

5/6/2025

5/6/2025

Melissa Miller-Henson

California Fish and Game Commission

Executive Director

Lead/Public Agency

PO Box 944209
Sacramento, CA 94244-2090

(916) 653-4899

Melissa.Miller-Henson@fgc.ca.gov

Ocean waters, statewide

Categorical Exemption

California Code of Regulations, Title 14, sections 15307, 15308

The proposed regulations will help reduce the risk of overharvest for sea palm and restrict incidental take of marine invertebrates. Commission adoption of regulations to protect natural resources and the natural environment is an activity that is the proper subject of CEQA’s class 7 and 8 categorical exemptions. At its April 16-17, 2025 meeting, the California Fish and Game Commission (Commission) took final action under the California Fish and Game Code and the Administrative Procedure Act with respect to the above-named project. In taking its final action for the purposes of the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.), the Commission adopted amendments to sections 165 and 705.1 of Title 14, California Code of Regulations (CCR) (“Project”), relying on the categorical exemptions for “Actions by Regulatory Agencies for Protection of Natural Resources and the Environment” contained in CEQA Guidelines sections 15307 and 15308 (class 7 and 8 categorical exemptions, CCR, Title 14, sections 15307 and 15308). Class 7 and 8 categorical exemptions apply to agency actions to protect natural resources and the environment. The rulemaking will assist the California Department of Fish and Wildlife (Department) in carrying out its duty to protect marine resources in state waters, specifically sea palm. Sea palm can be susceptible to overharvest due to its morphology, limited spore dispersal, and existing allowable harvest methods for commercial take. Additionally, there is concern for the species based on Multi-Agency Rocky Intertidal Network (MARINe) monitoring. Researchers with MARINe, a partnership of universities, agencies, and private groups, conduct long term monitoring of rocky intertidal ecosystems on the U.S. west coast. Although not all sites are monitored every year, the MARINe dataset is a robust tool to detect changes over time for species monitored and is the best available fishery-independent data source for sea palm in California of which the Department is aware. MARINe data depict a drop in sea palm density after 2014, with the most loss in its southern range, which coincides with the Northeast Pacific Marine Heatwave that began in mid-2014. Additionally, MARINe monitoring shows slow recovery at most sites, especially in its southern range and a lack of recovery at some sites. The amendments specify changes for commercial sea palm harvest to define allowable harvest methods, require central latitude/longitude coordinates of harvest location, restrict incidental take of marine invertebrates during harvest, and prohibit harvest in the southern portion of its range (from Pigeon Point, San Mateo County southward). Additionally, the amendments update the kelp harvesting license fee and provide clarifying edits and update references. New subsections in Section 705.1 allow for the removal of Kelp Harvesting License and Drying Application DFW 658 (incorporated by reference) from Title 14 and negate the need for annual regulation updates to the form. The project also updates the Commercial Kelp Harvester’s Monthly Report (DFW 113) and the Commercial Edible Seaweed/Agarweed Aquatic Plant Harvester’s Monthly Report (DFW 113A) to include harvest reporting changes for commercial harvest of all marine algae to identify the day of harvest, specify if take is “drift” or “beached”, and include additional information on harvest effort; and clarifies language and updates outdated references in the Commercial Kelp Harvesting License and Drying Application (DFW 658), monthly harvest reports, and sections 165 and 705.1. The proposed regulations will result in increased protection for sea palm along the California coast and the intertidal ecosystems that depend on its health and viability. The class 7 and 8 categorical exemptions described in the CEQA guidelines apply because the updated set of guidelines and requirements for the commercial harvest of sea palm will help reduce the risk of overharvest and will ensure the maintenance and enhancement of marine resources and the marine environment.