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Proposal to Amend Private Stocking Permit Regulations

Lawsuit over CEQA compliance led to proposal for sustainable private stocking program. Examine the amendment, laws, and exemptions to protect aquatic species and resources.

jena-garrison
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Proposal to Amend Private Stocking Permit Regulations

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  1. Proposal to Amend Private Stocking Permit Regulations

  2. Background • Lawsuit filed due to lack of CEQA compliance for Department’s Hatchery and Stocking program • Court also identified private fish stocking as an issue • Analysis of impacts on listed and sensitive species was lacking prior to completion of EIR • Performed evaluation of every stocked water in Department’s program

  3. Goals of Proposal • Long-term resource sustainability will ensure public use and enjoyment in the future • Implement private stocking program that does not threaten the sustainability of fish and wildlife resources • Ensure recreation angling opportunities continue

  4. Fish and Game Code(as related to Private Stocking Permits) In 1957, the California Legislature enacted FGC sections 6400 and 6401 FGC Section 6400 - unlawful to place, in waters of this State, live fish without written permission of the Department FGC Section 6401 - a person may stock fish in a stream or lake under a Department permit, pursuant to Commission regulations

  5. Waters of the State(as relates to private ponds or lakes) Fish and Game Code Section 89.1 “Waters of the state”… have the same meaning as Water Code Section 13050(e) Water Code Section 13050(e) states "Waters of the state" means any surface water or groundwater, including saline waters, within the boundaries of the state The Attorney General and state courts have interpreted the term to include all water within the boundaries of the state

  6. Private Stocking Regulations In 1983, the Commission adopted Section 238.5, Title 14, (CCR), pursuant to FGC Section 6401: No person shall stock aquatic plants or animals into waters of the State without a Private Stocking Permit

  7. The Exemption In 1991, Section 238.5 was amended that eight species of fish may be stocked without a permit, by a registered aquaculturist in 37 specified counties or portions if stocked: in a privately-owned reservoir, lake, or pond. in a publicly owned lake covered by a cooperative agreement between the Department and the lake operator.

  8. Rainbow trout Largemouth bass Bluegill Redear sunfish Sacramento perch Channel catfish Blue catfish White catfish Eight Exempted Species

  9. Issues with the Exemption Inability to determine biological impacts on listed and sensitive species Environmental and biological situation has changed significantly in the past twenty years Creates unfair business practices in counties requiring a permit

  10. Issues, continued Statewide, listed fish and amphibian species have increased by 45% to 49 species since 1991 Many newly listed fish and amphibian species are located in the 37 exempted counties

  11. Pre-Stocking Evaluation (PSE) • Desk top review or site visit to determine potential impacts to listed or sensitive species • Review of fisheries or biodiversity management plans, species recovery or conservation plans • Do any of the 89 Decision Species exist at proposed stocking location? • Will stocking of fish impact any of the 89 Decision Species?

  12. Proposed New Fee Structure (as directed by Commission, October 2010)

  13. Review of 2010 PSP Program

  14. 2010 Examples of Deferred PSE • White Rock Lake, Monterey County • Dam located on Black Rock Creek, in critical habitat for CA red-legged frog, a federally listed threatened species • Still awaiting approval from USFWS • Trout Lake, Monterey County • Dam located on San Clemente Creek, where federally listed threatened steelhead are found in the creek • NOAA did not object if an adequate barrier is maintained between the lake and the creek.

  15. Department Request Requesting notice (ISOR) at February meeting to begin public discussion of: • Removing the permit exemption (creating fair business practices) • Recovering program costs • Formalize Pre-Stocking Evaluation process

  16. The Department is NOT requesting regulation changes relating to fishhealth and/or invasivespecies inspections Regulatory authority already exists to: • Test for diseased fish • Prevent stocking of diseased fish • Prevent the spread of invasive species

  17. The Department is not requesting change to the following statutes: • Sport fishing license requirements • Definition of aquaculture or aquaculture facilities

  18. Expected Results • Increase sustainability in management of fish and wildlife resources • Increase long-term viability of businesses dependent upon stocking fish • There will be PSPs denied to protect state and federal listed species

  19. This recommendation is needed to ensure the long-term sustainability of California’s fish and wildlife resources and their continued use and enjoyment by the public.

  20. Questions?

  21. Current PSP Program

  22. Review of 2010 PSP Program

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