GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 2−Z PUBLISHED W EEKLY BY THE OFFICE OF ADM INISTRATIVE LAW JANUARY 10, 2020 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Shell Egg Food Safety — Notice File Number Z2019−1227−01 ........................................... 57 TITLE 13. CALIFORNIA HIGHWAY PATROL Inhalation Hazards Routes, Map 7 — Notice File Number Z2019−1231−05 ................................. 60 TITLE 13. AIR RESOURCES BOARD Alternative Diesel Fuels Regulation — Notice File Number Z2019−1224−03 ................................ 62 TITLE 13.

DEPARTMENT OF MOTOR VEHICLES Electronic Lien and Title Program — Notice File Number Z2019−1224−04 ................................. 67 TITLE 14. FISH AND GAME COMMISSION Klamath−Trinity Spring Chinook Salmon Sportfishing — Notice File Number Z2019−1231−02 ................. 70 TITLE 14. FISH AND GAME COMMISSION Central Valley Sport Fishing — Notice File Number Z2019−1231−03 ...................................... 73 TITLE 14.

FISH AND GAME COMMISSION Klamath River Basin Sport Fishing — Notice File Number Z2019−1231−04 ................................ 77 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination Request for Phase 4 and 5 of the 2017 Storm Damage Department of Water Resources Rehabilitation Project 2080−2019−011−03, Butte, Glenn, Colusa, Sutter, Sacramento, San Joaquin, Tehama, and Yolo Counties ................................................. 81 DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act Consistency Determination Request for 5665 Campbell Road Project 2080−2019−010−05 Santa Barbara County ....................................... 82 (Continued on next page) Time- Dated Material

DECISION NOT TO PROCEED MEDICAL BOARD OF CALIFORNIA Decision Not to Proceed Concerning Physician Assistant Supervision ..................................... 82 RULEMAKING PETITION DECISIONS CALIFORNIA GAMBLING CONTROL COMMISSION Notice of Decision on Petition from Jarhett Blonien Concerning Adoption of Regulations Regarding the Approval of Games and Use of Gambling Equipment ............................ 82 CALIFORNIA GAMBLING CONTROL COMMISSION Notice of Decision on Petition from Jarhett Blonien Concerning Adoption of Regulations Regarding Adequate Financing/Bankroll Procedures Regulations .............................. 84 DISAPPROV AL DECISIONS DEPARTMENT OF INDUSTRIAL RELATIONS Requir ements for Reporting Information Needed to Evaluate Administrative Costs, Expenditures, Solvency, and Performance of Public Self−Insured Employer Workers’ Compensation Programs ......................................................................... 85 DEPARTMENT OF PUBLIC HEALTH Health and Therapeutic Physicist .................................................................. 86 A V AILABILITY OF INDEX OF PRECEDENTIAL DECISIONS CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM Notice of Availability of Precedential Decisions and Decisions Index ...................................... 87

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 87 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE SHELL EGG FOOD SAFETY NOTICE IS HEREBY GIVEN that the Department of Food and Agriculture (herein after referred to as “De- partment”) is proposing to take the action described in the Informative Digest. A public hearing is not sched- uled for this proposal.

A public hearing will be held if any interested person, or his or her duly authorized rep- resentative, submits a written request for a public hear- ing to the Department no later than 15 days prior to the close of the written comment period. Any person inter- ested may present statements or arguments in writing relevant to the action proposed to the person designated in this Notice as the contact person beginning January 10, 2020 and ending at 5:00 p.m. on February 25, 2020.

Following the public hearing, if one is requested, or following the written comment period if no public hearing is requested, the Department, upon its own mo- tion or at the instance of any interested party, may there- after adopt the proposals substantially as described be- low or may modify such proposals if such modifica- tions are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony re- lated to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: Pursuant to the authority vested by sections 407, 27531 and 27533 of the Food and Agricultural Code and

section 25993 of the Health and Safety Code, the Department is proposing to imple- ment, interpret or make specific the requirements for marketing shell eggs in California in accordance with sections 27510, 27510.1, 27518, 27521, 27541 and 27573 of the Food and Agricultural Code, and sections 25990 and 25991 of the Health and Safety Code, as de- scribed in the Informative Digest. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW/BENEFITS Existing law, Proposition 12 (2018) amended the re- quirements of Health and Safety Code sections 25990−25993. Existing law,

section 25990(b)(3) of the Health and Safety Code specifies that a business owner or operator shall not knowingly engage in the sale within the state of a shell egg that the business owner or operator knows or should know is the product of a covered animal who was confined in a cruel manner. Existing law,

section 25991(

b) of the Health and Safety Code defines a business owner or operator to mean any person who owns or controls the operations of a business. Existing law,

section 25991(

e) of the Health and Safety Code defines acts that mean an animal was con- fined in a cruel manner. Existing law,

section 25991 (e)(4) specifies that con- fining in a cruel manner would mean confining an egg− laying hen with less than 144 square inches of usable floorspace per hen. Existing law,

section 25991(

f) of the Health and Safe- ty Code defines a “covered animal” as meaning any calf raised for veal, breeding pig, or egg−laying hen who is kept on a farm. Existing law,

section 25991(

g) of the Health and Safety Code defines an “egg−laying hen” as meaning any female domesticated chicken, turkey, duck, goose, or guineafowl kept for the purpose of egg production. Existing law,

section 25991(

h) of the Health and Safety Code defines “enclosure” as meaning a structure used to confine a covered animal or animals. Existing law,

section 25991(

p) of the Health and Safety Code defines a “shell egg” as meaning a whole egg of an egg−laying hen in its shell form, intended for use as human food. Existing law,

section 25991(

s) of the Health and Safe- ty Code defines “usable floorspace” as meaning the to- tal square footage of floorspace provided to each cov- ered animal, as calculated by dividing the total square footage of floorspace provided to the animals in an en- closure by the number of animals in that enclosure. In the case of egg−laying hens, usable floorspace shall in- clude both groundspace and elevated level flat plat- forms upon which hens can roost, but shall not include perches or ramps. Existing regulations under Subchapter 3 (commenc- ing with

section 1350),

Chapter 1, Division 3, of Title 3 of the California Code of Regulations, specify the re- quirements for egg registrants marketing eggs in California. The Department is proposing amendments to the re- quirements for the marketing of eggs in California in 57

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z

section 1350 (shell egg food safety) of Title 3 of the Cal- ifornia Code of Regulations to conform the Depart- ment’s enclosure requirements for egg−laying hens to existing law,

section 25991 of the Health and Safety Code. This proposal would require any person registered with the Department to engage in business in California as an egg producer or egg handler, and any out−of−state egg handler or egg producer selling eggs in California, to comply with the minimum numeric enclosure re- quirement for egg−laying hens as required by Health and Safety Code

section 25990 if the eggs produced from those hens are sold in California. Anticipated Benefits of the Proposal: Registered egg producers would benefit from this proposal because the Department is making existing enclosure requirements for egg−laying hens consistent with current law, Health and Safety Code sections 25990(b)(3) and 25991(e)(4). Consistency and Compatibility with Existing State Regulations: The Department has evaluated this pro- posal and believes that it is not inconsistent or incom- patible with existing State regulations. The intent is to conform existing

section 1350 of Title 3 of the Califor- nia Code of Regulations to Health and Safety Code sec- tions 25990(b)(3) and 25991(e)(4) regarding enclosure requirements for egg−laying hens. Documents Incorporated by Reference: None. Technical, Theoretical, and Empirical Study, Repot, or Similar Documents: Informational document titled: “California Legislative Analyst’s Office: Proposition 12 Establishes New Standards for Confinement of Cer- tain Farm Animals; Bans Sale of Certain Non−Comply- ing Products.

Initiative Statute.” FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500 et seq. Re- quire Reimbursement: None.

Business Impact:  The Department has determined that this proposed regulatory action will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the expansion of businesses in California.  The Department has made an initial determination that the proposed regulatory action will not have any significant statewide adverse economic impact directly affecting California businesses including the ability of California businesses to compete with businesses in other states.  The Department has made an initial determination that this regulatory proposal will impact registered egg handlers who market their eggs in the state.

Cost Impacts on Representative Private Persons or Businesses: The Department is not aware of cost im- pacts that a representative private person or businesses would necessarily incur in reasonable compliance with the proposed action. This determination is based on the fact this proposal does not have economic impact over what is strictly required by the law itself, which is Health and Safety Code sections 25990(b)(3) and 25991(e)(4).

Anticipated compliance requirements as a result of this proposal:  Egg registrants marketing their eggs in California would need to comply with the minimum enclosure requirements for egg−laying hens as specified in Health and Safety Code sections 25990(b)(3) and 25991(e)(4).  Paperwork/Reporting: There are no new paperwork or reporting requirements under this proposal.

Existing requirements may include standard business records and assessments that may be retained and otherwise required by statute or regulation and submitted to the Department as part of routine business transactions in order for producers to market their eggs in California.  Record−keeping: There are no new record−keeping requirements under this proposal. Businesses now comply with standard record−keeping as may be required by statute or regulation, but the records are not required to be sent to the Department.

The Department conducts routine audits and inspections of farms or facilities to ensure compliance with statutes and regulations. Effect on Housing Costs: None. Effect on Small Businesses: The Department’s pro- posal may affect small businesses as defined in Govern- ment Code

section 11342.610. RESULTS OF ECONOMIC IMPACT ASSESSMENT Impact on Jobs/New Businesses: The Department has determined that this regulatory proposal will not have any impact on the creation of jobs or businesses or the elimination of jobs or existing businesses or the ex- pansion of businesses in California. 58

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z Private Persons/Businesses affected by this proposal: Egg Handler registrants: approximately 2,532 [In− State: 1,181; Out of State: 1,351]. Benefits of the regulation to the health and welfare of California residents, worker safety, and the State’s environment: This proposal does not directly impact human health, worker safety, or the State’s environment. This regula- tory proposal is necessary for the Department to con- form its enclosure requirements for egg−laying hens to Health and Safety Code sections 25990(b)(3) and 25991(e)(4).

The Department believes that registered egg producers would benefit from this proposal because the Department is making existing enclosure require- ments for egg−laying hens consistent with current law, Health and Safety Code sections 25990(b)(3) and 25991(e)(4). The above determinations are based on the fact that the proposed regulation itself does not have impact over what is strictly required by the law, Health and Safety Code sections 25990(b)(3) and 25991(e)(4). Occupations/Businesses Impacted: This proposal will impact egg registrants that market their eggs in California.

Business Reporting Requirement: The regulation does not require a report that shall apply to businesses. There are no new reporting requirements as a result of this proposal. Comparable Federal Regulations: This proposal does not duplicate or conflict with federal regulations be- cause there are no federal regulations governing enclo- sure size requirements for egg−laying hens if those eggs are marketed to California consumers.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more ef- fective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

Any interested person may present statements or ar- guments orally or in writing relevant to the above deter- minations at the hearing (if a hearing is requested) or during the written public comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The Department has prepared an Initial Statement of Reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions and of the Initial Statement of Reasons, and all the information upon which the proposal is based, may be obtained by contacting the persons named below in this Notice or by accessing the Department of Food and Agriculture’s website as indicated below in this Notice.

The rulemaking file consists, at this time, of the pro- posed text, Initial Statement of Reasons, and supporting information as follows: Informational document titled: “California Legislative Analyst’s Office: Proposition 12 Establishes New Standards for Confinement of Cer- tain Farm Animals; Bans Sale of Certain Non− Complying Products.

Initiative Statute.” A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file, which is available for public inspection by contacting the persons named below. Any person may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a written request to the contact persons named below.

CONTACT PERSONS Inquiries and any written comments concerning this proposal are to be addressed to the following: Tony Herrera, Egg Quality Manager Department of Food and Agriculture Animal Health and Food Safety Services Meat, Poultry and Egg Safety Branch Egg Safety and Quality Management Program 1220 N Street, Sacramento, CA 95814 Telephone (916) 900−5004 E−mail: tony.herrera@cdfa.ca.gov The back−up contact person is as follows: Nancy Grillo, Associate Analyst Department of Food and Agriculture Animal Health and Food Safety Services 1220 N Street, Sacramento, CA 95814 Telephone (916) 900−5033 E−mail: nancy.grillo@cdfa.ca.gov 59

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z Website Access: Materials regarding this proposal can be found by ac- cessing the following Internet address: http://www.cdfa.ca.gov/ahfss/regulations.html. TITLE 13. CALIFORNIA HIGHWAY PATROL Inhalation Hazards Routes — Map 7 (CHP−R−2019−06205) The California Highway Patrol (CHP) proposes to amend regulations in Title 13 of the California Code of Regulations, Division 2,

Chapter 6,

Article 2.5,

Section 1157.18, regarding designated routes for highway transportation of inhalation hazards by commercial ve- hicles in the Brawley−El Centro area. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Pursuant to Division 14.3, Transportation of Inhala- tion Hazards, commencing with

Section 32100 of the California Vehicle Code (CVC), the CHP shall adopt regulations specifying highway routes to be used in the transportation of inhalation hazards by commercial ve- hicles. The CVC requires the CHP to keep information current in regulations, with maps clearly indicating des- ignated routes and a list of locations for inspection stops, required inspection stops, and safe stopping places. The CHP’s field commands conduct annual re- views of the inhalation hazards routes and stops to de- termine if changes are necessary.

The proposed amend- ments will keep inhalation hazards routes consistent with the recently constructed Brawley Bypass and ex- panded State Route (SR) 78 and SR 111, and enhance public health and safety in the area. The proposed regu- lation amendments will also change a map label from an inspection stop to a required inspection stop for the newly upgraded In−Ko−Pah Brake Check and Truck Rest Area along Interstate 8 about 40 miles west of El Centro.

The proposed amendments have received concur- rence from the CHP’s Border Division, Brawley Fire Department, El Centro Fire Department, Westmorland Fire Department, Westmorland Police Department, Im- perial County Fire Department, State Fire Marshal, and the California Department of Transportation. This proposed regulatory action will continue to pro- vide a nonmonetary benefit to the protection of the health, safety, and welfare of California’s residents, workers, and environment. The changes to the applica- tion of the regulation are not substantive and bring the regulation in conformance with existing statute.

The proposed changes update and clarify highway routes designated for carriers transporting inhalation hazards, and contribute to transportation safety and public health. During the process of developing these regulations and amendments, the CHP has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent, nor in- compatible, with existing federal and state regulations.

PUBLIC COMMENT Any interested person may submit written comments on the proposed action via facsimile at (916) 322−3154, by electronic mail to cvsregulations@chp.ca.gov, or by writing to: California Highway Patrol Commercial Vehicle

Section Attention: Dr. Tian−Ting Shih P.O. Box 942898 Sacramento, CA 94298−0001 Written comments must be received by February 24, 2020. PUBLIC HEARINGS

Section 32102(

b) CVC requires the CHP to hold pub- lic hearings in each field operation Division of the De- partment in which are located proposed routes. Thus, the CHP will conduct a public hearing on the proposed regulation amendments at: California Highway Patrol Border Division 9330 Farnham Street San Diego, CA 92123−1216 at 9:00 a.m. on March 6, 2020. A V AILABILITY OF INFORMATION The CHP has available for public review an initial statement of reasons for the proposed regulatory action, the information upon which this action is based, and the proposed regulation text in strikeout and underline for- mat.

Requests to review or receive copies of this infor- mation should be directed to the CHP either at the above address, by facsimile at (916) 322−3154, or by calling the CHP, Commercial Vehicle

Section (CVS), at (916) 843−3400. All requests for information should include the following: the title of the rulemaking package, the requester’s name, proper mailing address (including city, state, and zip code), and a daytime telephone num- ber in case the information is incomplete or illegible. 60

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z The rulemaking file is available for inspection. Inter- ested parties are advised to call CHP, CVS, for an appointment. All documents regarding the proposed action are available through the CHP’s Website at https://www. chp.ca.gov/News−Alerts/Regulatory−Actions. Any person desiring to obtain a copy of the adopted text and a final statement of reasons may request them at the above−noted address. Copies will also be posted on the CHP W ebsite.

CONTACT PERSON Any inquiries concerning the written materials per- taining to the proposed regulations or the substance of the proposed regulations should be directed to Dr. Tian− Ting Shih or Sergeant Adam Roha, at (916) 843−3400. ADOPTION OF PROPOSED REGULATIONS After consideration of public comments, the CHP may adopt the proposal substantially as set forth with- out further notice.

If the proposal is modified prior to adoption and the change is not solely grammatical or nonsubstantive in nature, the full text of the resulting regulation, with the changes clearly indicated, will be made available to the public for at least 15 days prior to the date of adoption.

FISCAL IMPACT AND RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The CHP has made an initial determination that this proposed regulatory action: (1) will have no effect on housing costs; (2) will not impose any new mandate up- on local agencies or school districts; (3) will involve no nondiscretionary cost or savings to any local agency, no cost to any local agency or school district for which Government Code (GC) Sections 17500−17630 require reimbursement, no cost or savings to any state agency, nor costs or savings in federal funding to the state; (4) will neither create nor eliminate jobs in the State of Cal- ifornia, nor result in the elimination of existing busi- nesses or create or expand businesses in the State of California; and (5) will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to com- pete with businesses in other states.

Benefits of the Proposed Action: The proposed regu- lation updating designated routes for carriers transport- ing inhalation hazards will continue to provide benefits, including the nonmonetary benefit of protecting public health and safety for residents, workers, and the envi- ronment by providing a regulatory basis for enforce- ment efforts as they relate to safety compliance ratings. The regulated community is encouraged to respond during the comment period of this regulatory process if significant impacts are identified.

COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The CHP is not aware of any cost impacts that a repre- sentative private person or business would necessarily incur in reasonable compliance with the proposed action. EFFECT ON SMALL BUSINESSES The CHP has determined that the proposed regulato- ry action will not affect small businesses. The action is intended to clarify and update the designated routes for commercial vehicles transporting inhalation hazards on highways. As a result, no small business will be affected by the update. ALTERNATIVES In accordance with

Section 11346.5(a)

(13) GC, the CHP must determine that no reasonable alternative con- sidered by the CHP, or otherwise identified and brought to the attention of the CHP, would be more effective in carrying out the purpose for which the action is pro- posed, would be as effective and less burdensome to af- fected private persons than the proposed action, or would be more cost−effective to affected private per- sons and equally effective in implementing the statuto- ry policy or other provision of law.

The CHP invites in- terested parties to present statements or arguments with respect to alternatives to the proposed regulations dur- ing the written comment period. AUTHORITY This regulatory action is being taken pursuant to Sec- tion 32102, CVC. REFERENCE This action implements, interprets, or makes specific Sections 32101, 32102, 32103, 32104, and 32105, CVC. 61

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z TITLE 13. AIR RESOURCES BOARD NOTICE OF PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENTS TO THE REGULATION ON THE COMMERCIALIZATION OF ALTERNATIVE DIESEL FUELS The California Air Resources Board (CARB or Board) will conduct a public hearing at the time and place noted below to consider approving for adoption the proposed amendments to the Regulation on the Commercialization of Alternative Diesel Fuels (ADF). DATE: February 27, 2020 TIME: 9:00 a.m.

LOCATION: California Environmental Protection Agency California Air Resources Board Byron Sher Auditorium 1001 I Street Sacramento, California 95814 This item will be considered at a meeting of the Board, which will commence at 9:00 a.m., February 27, 2020, and may continue at 8:30 a.m., on February 28, 2020. Please consult the agenda for the hearing, which will be available at least ten days before February 27, 2020, to determine the day on which this item will be considered.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS In accordance with the Administrative Procedure Act, interested members of the public may present com- ments orally or in writing at the hearing and may pro- vide comments by postal mail or by electronic submittal before the hearing. The public comment period for this regulatory action will begin on January 10, 2020. Writ- ten comments not physically submitted at the hearing must be submitted on or after January 10, 2020, and re- ceived no later than February 24, 2020. Comments submitted outside that comment period are considered untimely.

CARB may, but is not required to, respond to untimely comments, including those raising significant environmental issues. CARB requests that, when possi- ble, written and email statements be filed at least ten days before the hearing to give CARB staff and Board members additional time to consider each comment. The Board also encourages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modification of the proposed regu- latory action.

Comments submitted in advance of the hearing must be addressed to one of the following: Postal mail: Clerks’ Office, California Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: http://www.arb.ca.gov/lispub/ comm/bclist.php Please note that under the California Public Records Act (Gov. Code,

section 6250 et seq.), your written and oral comments, attachments, and associated contact in- formation (e.g., your address, phone, email, etc.) be- come part of the public record and can be released to the public upon request. Additionally, the Board requests but does not require that persons who submit written comments to the Board reference the title of the proposal in their comments to facilitate review.

AUTHORITY AND REFERENCE This regulatory action is proposed under the authority granted in California Health and Safety Code, sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass’n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal.Rptr. 249 (1975). This action is proposed to im- plement, interpret and make specific sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 40000, 43000, 43016, 43018, 43026, 43101, 43830.8 and 43865, Health and Safety Code; and Western Oil and Gas Ass’n. v.

Orange County Air Pollution Control Dis- trict, 14 Cal. 3d 411, 121 Cal.Rptr. 249 (1975). INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT OVERVIEW (GOV . CODE,

section 11346.5, subd. (a)(3)) Sections Affected: Proposed amendments to Cali- fornia Code of Regulations, title 13, division 3,

chapter 5,

article 3, subarticle 2,

section 2293.2 and Appendix 1. Background and Effect of the Proposed Regulatory Action: California Air Resources (CARB or Board) staff is proposing to amend the Regulation on the Commercial- ization of Alternative Diesel Fuels (Alternative Diesel Fuel regulation) to improve the rigor and clarity of its 62

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z testing and certification program. 1 The Alternative Diesel Fuel (ADF) regulation is a key element of Cali- fornia’s Fuels Program;2 it preserves or improves pub- lic health and the environmental and emissions benefits associated with the use of innovative ADFs in Califor- nia. This report presents staff’s proposal to amend the ADF regulation to reinforce the emissions certification testing requirements and require biodiesel additives and ADF formulations uniformly to be certified accord- ing to new certification procedures.

The proposed amendments will further ensure that additives or ADF formulations are certified to mitigate potential oxides of nitrogen (NOx) emissions increases from the use of biodiesel consistent with rigorous and appropriate protocols. CARB may also consider other changes to the sec- tions affected, as listed on page two of this notice, dur- ing the course of this rulemaking process.

Background on the ADF Regulation The ADF regulation governs the introduction and use of innovative alternative diesel fuels in California, while preserving or enhancing public health, the envi- ronment and the emissions benefits of the existing mo- tor vehicle diesel fuel regulations. The regulation con- sists of two major parts: 1) a three−stage process for ADFs to be introduced into the California market in- cluding, if necessary, a determination of mitigation measures needed to ensure no degradation in air quality, and 2) in−use requirements for biodiesel as the first ADF.

The first part of the regulation establishes the admin- istrative and regulatory framework for the commercial- ization of ADFs. The formal framework is necessary for two primary reasons. First, programs such as the Cali- fornia’s Low Carbon Fuel Standard (LCFS) and the fed- eral Renewable Fuels Standard incentivize the rapid de- velopment of ADFs. Many of these fuels provide crite- ria pollutant and toxic air contaminant emission reduc- tions in addition to their greenhouse gas (GHG) benefit. Second, some ADFs may have adverse effects under certain and limited circumstances.

The biodiesel portion of the ADF regulation includes provisions designed to control potential increases in NOx emissions that could otherwise be caused by the 1 Codified at Title 13, California Code of Regulations, sections 2293−2293.9 and Appendix 1 of Subarticle 2. 2 California’s Fuels Program includes several fuels regulations and programs that establish the overarching framework of Cali- fornia’s transportation fuel policies. Background information about the program is available at: https://ww3.arb.ca.gov/fuels/ background.htm. use of biodiesel under certain and limited circum- stances.

The biodiesel provisions contain a process for certification of additives or ADF formulations that have demonstrated, through emissions testing, to mitigate potential NOx increases from the use of biodiesel. Ad- ditives approved for NOx emission control purposes used to meet the in−use requirements must result in emissions equivalence with CARB diesel. Regulatory Development of the ADF Regulation The Board approved the ADF regulation for adoption on September 25, 2015, and the regulation entered into full effect on January 1, 2016. The regulation was sub- sequently amended in 2018.

Beginning in 2016, regulated parties started reporting produced, imported, and blended amounts of all biodiesel blendstocks and the biodiesel blends pro- duced, pursuant to the reporting and recording require- ments of the biodiesel in−use provisions of the regula- tion. The biodiesel in−use requirements, which mitigate potential NOx increases, went into effect on January 1, 2018. Effective January 1, 2018, all biodiesel blends above the NOx control level must be NOx mitigated by using additives or fuel formulations approved by CARB.

In 2018, staff proposed amendments to the ADF biodiesel in−use NOx mitigation sunset provisions and certification requirements of the regulation to ensure long term NOx mitigation. The amendments were adopted by the Board on September 27, 2018 and took effect in January 2019.

The Initial Statement of Reasons (ISOR or Staff Re- port) for the proposed amendments builds on the com- prehensive and extensive work that was done in support of the original 2015 rulemaking 3 and the amendments to the Low Carbon Fuel Standard and Alternative Diesel Fuel Regulations (2018 Amendments). 4 The full regulatory record and background for these ADF regu- lation rulemakings is available at the Alternative Diesel 3 See “Staff Report: Initial Statement of Reasons: Proposed Regu- lation on the Commercialization of Alternative Diesel Fuels.” January 2 (2015); and “Final Statement of Reasons for Rulemak- ing, Including

Summary of Public Comments and Agency Re- sponses.” September (2015). Available at: https://ww3.arb.ca. gov/regact/2015/adf2015/adf2015.htm. 4 See “Staff Report: Initial Statement of Reasons: Proposed Amendments to the Low Carbon Fuel Standard Regulation and to the Regulation on Commercialization of Alternative Diesel Fu- els.” March 6 (2018); and “Final Statement of Reasons: Amend- ments to the Low Carbon Fuel Standard Regulation and to the Regulation on Commercialization of Alternative Diesel Fuels.” November (2018). Available at: https://ww2.arb.ca.gov/ rulemaking/2018/low−carbon−fuel−standard−and−alternative− diesel−fuels−regulation−2018. 63

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z Fuels Rulemaking History webpage. 5 Additional pro- gram information is available at the ADF webpage.6 Proposed Amendments to the ADF Regulation Staff is proposing amendments to reinforce the process for certification of additives and ADF formula- tions. Staff anticipates that parties will continue to wish to undergo certification as demand for ADFs grow. As this market develops, it is appropriate to ensure that all certified products undergo consistent and rigorous test- ing.

At present, however, products have been certified under different versions of the regulation, and the test- ing protocols have changed over time. Accordingly, these amendments require all certified products going forward to use the same testing procedures, and ensure these procedures are rigorous, and consistent with the public health protection purposes of the ADF regulation.

The proposed amendments to the certification proce- dures would require, in addition to various additional clarifying terms, 1) emissions testing at two indepen- dent labs, 2) additional emissions testing with a com- mercially available Designated Equivalent Limits Diesel, 3) presence of a qualified observer during test fuel preparation and emissions testing, 4) more strin- gent chain of custody demonstration provisions.

The amendments would require that any certified additive or alternative diesel fuel formulation would need to pass a statistical test for emissions equivalence with diesel for both NOx and particulate matter (PM) at both emissions testing labs and on both diesel test fuels. Staff is also proposing amendments that would re- quire all biodiesel additives and ADF formulations to be certified according to new certification procedures.

Existing certified products could continue to be used before January 1, 2021 under legacy certifications, but use after that date will be allowed only for products cer- tified under the procedures of these amendments.

Staff is also proposing to include renewable diesel blends with biodiesel and conventional diesel consisting of at least 75 percent renewable diesel and at most 20 percent biodiesel as an approved emissions equivalent formula- tion, as ratios of at least 2.75 to 1 of renewable diesel to biodiesel are sufficient to fully mitigate NOx emissions from biodiesel. 7 Therefore, an R75 B20 fuel would pro- vide NOx emissions reductions compared to CARB Diesel and would be NOx beneficial as a whole. 5 Alternative Diesel Fuels Rulemaking History webpage avail- able at: https://ww2.arb.ca.gov/our−work/programs/alternative− diesel−fuels/alternative−diesel−fuels−rulemaking−history. 6 Alternative Diesel Fuels webpage available at: https://ww2.arb. ca.gov/our−work/programs/alternative−diesel−fuels. 7 See “Proposed Regulation on the Commercialization of Alterna- tive Diesel Fuels — Staff Report: Initial Statement of Reasons.” January 2 (2015).

Available at: https://www.arb.ca.gov/regact/ 2015/adf2015/adf15isor.pdf. Objectives and Benefits of the Proposed Regulatory Action: As discussed above, staff is proposing amendments to reinforce the process for certification of additives and ADF formulations. The objective of the proposed amendments is to ensure that the process for certifica- tion of additives or alternative diesel fuel formulations is consistent for all products in the market and provides assurance that those additives or formulations that pass emissions testing are effective in mitigating the poten- tial NOx emissions from biodiesel use.

Given that the proposed amendments will continue to ensure the NOx emissions reductions required by the ADF regulation, these amendments will also protect public health and safety, worker safety, and the State’s environment. A detailed description of the proposed amendments is provided in

Chapter III of the “Staff Report: Initial Statement of Reasons — Public Hearing to Consider the Proposed Amendments to the Regulation on the Commercialization of Alternative Diesel Fuels,” re- ferred to as the ISOR. The Proposed Regulation Order is Appendix A of the ISOR. Comparable Federal Regulations: There are no current federal regulations comparable to the proposed regulation. An Evaluation of Inconsistency or Incompatibility with Existing State Regulations (Gov. Code,

section 11346.5, subd. (a)(3)(D)): During the process of developing the proposed regu- latory action, CARB conducted a search of any similar regulations on this topic and concluded these regula- tions are neither inconsistent nor incompatible with ex- isting state regulations. DISCLOSURES REGARDING THE PROPOSED REGULATION Fiscal Impact/Local Mandate Determination Regarding the Proposed Action (Gov. Code,

section 11346.5, subds. (a)(5) and (6)): The determinations of the Board’s Executive Officer concerning the costs or savings incurred by public agencies and private persons and businesses in reason- able compliance with the proposed regulatory action are presented below.

Under Government Code sections 11346.5, subdivi- sion (a)(5) and 11346.5, subdivision (a)(6), the Execu- tive Officer has determined that the proposed regulato- ry action would not create costs or savings to any State agency, would not create costs or savings in federal funding to the State, would not create costs or mandates to any local agency or school district, whether or not re- imbursable by the State under Government Code, title 2, division 4,

part 7 (commencing with

section 17500), 64

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z or other nondiscretionary cost or savings to State or lo- cal agencies. Housing Costs (Gov. Code,

section 11346.5, subd. (a)(12)): The Executive Officer has also made the initial deter- mination that the proposed regulatory action will not have a significant effect on housing costs. Significant Statewide Adverse Economic Impact Directly Affecting Business, Including Ability to Compete (Gov.

Code, sections 11346.3, subd. (a), 11346.5, subd. (a)(7), 11346.5, subd. (a)(8)): The Executive Officer has made an initial determina- tion that the proposed regulatory action would not have a significant statewide adverse economic impact direct- ly affecting businesses, including the ability of Califor- nia businesses to compete with businesses in other states, or on representative private persons. Results of The Economic Impact Analysis/ Assessment (Gov. Code,

section 11346.5, subd. (a)(10)): A detailed assessment of the economic impacts of the proposed regulatory action can be found in

Chapter VIII of the ISOR. NON−MAJOR REGULATION: Statement of the Results of the Economic Impact Assessment (EIA): Effect on Jobs/Businesses: The Executive Officer has determined that the pro- posed regulatory action would not affect the creation or elimination of jobs within the State of California, the creation of new businesses or elimination of existing businesses within the State of California, or the expan- sion of businesses currently doing business within the State of California. A detailed assessment of the eco- nomic impacts of the proposed regulatory action can be found in

Chapter VIII of the ISOR. Benefits of the Proposed Regulation: The objective of the proposed regulatory action is to ensure that the process for certification of additives and alternative diesel fuel formulations provides assurance that those additives or formulations that pass emissions testing are effective at mitigating the potential NOx emissions from the use of the biodiesel. A

summary of these benefits is provided, please refer to “Objectives and Benefits,” under the Informative Di- gest of Proposed Action and Policy Statement Over- view Pursuant to Government Code 11346.5(a)(3) dis- cussion, above. Cost Impacts on Representative Private Persons or Businesses (Gov. Code,

section 11346.5, subd. (a)(9)): In developing this regulatory proposal, CARB staff evaluated the potential economic impacts on represen- tative private persons or businesses. CARB is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable com- pliance with the proposed action. Effect on Small Business (Cal. Code Regs., tit. 1,

section 4, subds. (

a) and (b)): The Executive Officer has also determined under California Code of Regulations, title 1,

section 4, that the proposed regulatory action would affect small businesses. In total, up to 59 businesses with California opera- tions maybe impacted by the proposed amendments; 8 biodiesel producers, 15 importers, 32 blenders, 3 addi- tive manufacturers and 1 auto emissions testing lab. Six entities are both producers/importers and blenders. Thirteen importers (out of the total 15 importers) have their headquarters located out of the state. All biodiesel production is located in−state. Five blenders reported their business addresses as out−of−state. The auto emis- sions testing lab is located in−state.

Additive manufacturers are the only directly impact- ed businesses, and all of the additive manufacturers are small businesses. Only those additive manufacturers that wish to certify to supply their products after the ef- fective date for the uniform certification requirement are impacted by the proposed regulation. The proposed amendments require biodiesel additives and ADF for- mulations uniformly to be certified according to new certification procedures.

These three manufacturers would need to certify their additives or formulations ac- cording to new certification procedures if they wished to continue using them in California after January 1, 2021. That certification could result in a one−time ini- tial cost of $525,000 for one manufacturer or $1.6 mil- lion for all three manufacturers combined. Consideration of Alternatives (Gov. Code,

section 11346.5, subd. (a)(13)): Before taking final action on the proposed regulatory action, the Board must determine that no reasonable al- ternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the pur- pose for which the action is proposed, would be as ef- fective and less burdensome to affected private persons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sions of law.

ENVIRONMENTAL ANALYSIS CARB prepared an environmental analysis (EA) for the 2018 Amendments under its certified regulatory program (California Code of Regulations, title 17, sec- tions 60000 through 60008) to comply with the require- 65

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z ments of the California Environmental Quality Act (CEQA; Public Resources Code

section 21080.5). As we discuss below, in light of this analysis, staff conclud- ed that no additional environmental review is required for these amendments.

The EA, included in Appendix D of that ISOR, enti- tled Appendix D: Final Environmental Analysis for the Proposed Amendments to the Low Carbon Fuel Stan- dard and the Alternative Diesel Fuels Regulation (2018 EA), dated September 17, 2018, determined that the im- pacts associated with the 2018 Amendments included: beneficial impacts to energy demand and greenhouse gases (GHG); less than significant impacts to air quality (odor), energy demand, GHGs, hazards and hazardous materials, mineral resources, population, employment, and housing, public services, and recreation; and poten- tially significant and unavoidable adverse impacts to aesthetics, agriculture and forest resources, air quality, biological resources, cultural resources, energy de- mand, geology and soils, hazards and hazardous materi- als, hydrology and water quality, land use planning, mineral resources, noise, transportation and traffic, and utilities and service systems.

The potentially significant and unavoidable adverse impacts are disclosed for both short term, construction related activities, and long−term operational activities, which explains why some resource areas were identi- fied above as having both less than significant impacts and potentially significant impacts.

The EA also identi- fied possible localized operational impacts to air quality from activities including feedstock transport to produc- tion facilities, production of biofuels, transport of fin- ished fuels to blending facilities, and from carbon cap- ture and sequestration (CCS) projects, associated with reasonably foreseeable compliance responses to the LCFS regulation and the ADF regulation. While the EA found these localized impacts unlikely, CARB could not dismiss the potential for these impacts, and conser- vatively identified these impacts as potentially signifi- cant and unavoidable.

While the 2018 EA concluded that many impacts as- sociated with the 2018 Amendments could be reduced to a less−than−significant level through conditions of approval applied to project−specific development, the authority to require and implement that mitigation lies with land use agencies or other agencies approving the development projects, not with CARB.

Consequently, the 2018 EA took a conservative approach in its signifi- cance conclusions and disclosed, for CEQA compli- ance purposes, that impacts from the development of new facilities or modification of existing facilities asso- ciated with reasonably foreseeable compliance re- sponses to the 2018 Amendments could be potentially significant and unavoidable under several resource ar- eas.

These significance determinations are discussed in greater detail in the 2018 EA. 8 In regard to these proposed amendments to the ADF regulation, staff has determined that no additional envi- ronmental review is required because there are no changes that involve new significant environmental ef- fects or a substantial increase in severity of previously identified significant effects than previously identified in the 2018 EA. The basis for reaching this conclusion is provided in

Chapter VI of the ISOR. SPECIAL ACCOMMODATION REQUEST Consistent with California Government Code Sec- tion 7296.2, special accommodation or language needs may be provided for any of the following:  An interpreter to be available at the hearing;  Documents made available in an alternate format or another language; and  A disability−related reasonable accommodation. To request these special accommodations or lan- guage needs, please contact the Clerks’ Office at (916) 322−5594 or by facsimile at (916) 322−3928 as soon as possible, but no later than ten business days before the scheduled Board hearing.

TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de l os siguientes:  Un intérprete que esté disponible en la audiencia;  Documentos disponibles en un formato alterno u otro idioma; y  Una acomodación razonable relacionados con una incapacidad.

Para solicitar estas comodidades especiales o necesi- dades de otro idioma, por favor Ilame a la oficina del Consejo al (916) 322−5594 o envié un fax a (916) 322−3928 lo más pronto posible, pero no menos de 10 días de trabajo antes del día programado para la audien-cia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Re-t ransmisión de Mensajes de California.

AGENCY CONTACT PERSONS Inquiries concerning the substance of the proposed regulatory action may be directed to the agency repre- 8 See “Final Environmental Analysis Prepared for the Proposed Amendments to the Low Carbon Fuel Standard and the Alterna- tive Diesel Fuels Regulation.” September 27 (2018). Available at: https://ww3.arb.ca.gov/regact/2018/lcfs18/finalea.pdf?_ga=2. 153489400.1380169015.1569650930− 60175395.1569650915. 66

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z sentative, James Guthrie, Staff Air Pollution Specialist, Emerging Technology Section, at (916) 327−1508 or Susie Chung, Air Pollution Specialist, Emerging Tech- nology Section, at (916) 327−0647. A V AILABILITY OF DOCUMENTS CARB staff has prepared a Staff Report: Initial State- ment of Reasons (ISOR) for the proposed regulatory ac- tion, which includes a

summary of the economic and environmental impacts of the proposal. The report is en- titled Staff Report: Initial Statement of Reasons — Pub- lic Hearing to Consider the Proposed Amendments to the Regulation on the Commercialization of Alterna- tive Diesel Fuels. Copies of the ISOR and the full text of the proposed regulatory language may be accessed on CARB’s web- site listed below or may be obtained from the Public In- formation Office, California Air Resources Board, 1001 I Street, Visitors and Environmental Services Center, First Floor, Sacramento, California, 95814, on January 7, 2020.

Further, the agency representative to whom nonsub- stantive inquiries concerning the proposed administra- tive action may be directed is Bradley Bechtold, Regu- lations Coordinator, (916) 322−6533. The Board staff has compiled a record for this rulemaking action, which includes all the information upon which the proposal is based. This material is available for inspection upon re- quest to the contact persons. HEARING PROCEDURES The public hearing will be conducted in accordance with the California Administrative Procedure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (commencing with

section 11340). Following the public hearing, the Board may take ac- tion to approve for adoption the regulatory language as originally proposed, or with non−substantial or gram- matical modifications. The Board may also approve for adoption the proposed regulatory language with other modifications if the text as modified is sufficiently re- lated to the originally proposed text that the public was adequately placed on notice and that the regulatory lan- guage as modified could result from the proposed regu- latory action.

If this occurs, the full regulatory text, with the modifications clearly indicated, will be made avail- able to the public, for written comment, at least 15 days before final adoption. The public may request a copy of the modified regu- latory text from CARB’s Public Information Office, Air Resources Board, 1001 I Street, Visitors and Environ- mental Services Center, First Floor, Sacramento, Cali- fornia, 95814.

FINAL STATEMENT OF REASONS A V AILABILITY Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice or may be accessed on CARB’s website listed below. INTERNET ACCESS This notice, the ISOR and all subsequent regulatory documents, including the FSOR, when completed, are available on CARB’s website for this rulemaking at https://ww2.arb.ca.gov/rulemaking/2020/adf2020. TITLE 13.

DEPARTMENT OF MOTOR VEHICLES The Department of Motor Vehicles (department) pro- poses to adopt Sections 153.00, 153.02, 153.04, 153.06, 153.08, 153.10, 153.12, 153.14, 153.16, 153.18, 153.20, 153.22, 153.24, 153.26 and 153.28 in

Article 3.0,

Chapter 1, Division 1, Title 13 of the California Code of Regulations, regarding the Electronic Lien and Title Program to implement provisions relating to sec- tion 4450.5 of the Vehicle Code. PUBLIC HEARING A public hearing regarding this proposed regulatory action is not scheduled.

However, a public hearing will be held if any interested person or his or her duly autho- rized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period. DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized rep- resentative may submit written comments relevant to the proposed regulations to the contact person identi- fied in this notice.

All written comments must be re- ceived at the department no later than midnight, Febru- ary 25, 2020, the final day of the written comment peri- od, in order for them to be considered by the department before it adopts the proposed regulation. 67

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z AUTHORITY AND REFERENCE The department proposes to adopt these regulations under the authority granted by Vehicle Code sections 1651 and 4450.5, in order to implement Vehicle Code

section 4450.5. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Vehicle Code

section 4450.5 directs the department to develop an Electronic Lien and Title program, in con- sultation with stakeholders, that would require lien- holders’ title information be stored electronically, if the department determines that such a program is cost− effective compared to its paper system. In 1989, the department developed its Electronic Lien and Title pilot program and participation was vol- untary. General Motors Acceptance Corporation was the first lienholder to join.

Under the Electronic Lien and Title program, when the department receives an application for title or regis- tration showing the lienholder’s name, address, and Electronic Lien and Title ID number an electronic lien record is produced, by the department, in lieu of a paper title. A web−based connectivity system was imple- mented to allow for Secure File Transfer between soft- ware vendors/service providers and the department.

California Relay Telephone Service for the deaf or hard of hearing from TDD Phones: 1−800−735−2929; from Voice Phones: 1−800−735−2922 Vehicle Code sections 1801 and 1801.1 authorize the department to allow a person to submit any document required to be submitted to the department by using electronic media deemed feasible by the department in- stead of requiring the actual submittal of the original document. Vehicle Code

section 1801.1(

c) authorizes the department to, among other things, establish securi- ty standards and technological requirements, or terms and conditions, including methods of authentication for electronically submitted signatures. This proposed action would implement Vehicle Code

section 4450.5 and make specific the forms an Electron- ic Lien and Title Program service provider applicant and lienholder applicant must submit to the department to apply to become a participant. Additionally, this pro- posed action would specify program administration structure. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION This action will benefit the welfare of California resi- dents and worker safety by reducing titling fraud of vehicles.

CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS During the process of developing these regulations, the department conducted a search for similar regula- tions on the topic of the electronic lien and title program and has concluded that the proposed regulations are nei- ther inconsistent nor incompatible with existing state regulations. COMPARABLE FEDERAL STATUTES OR REGULATIONS The department conducted a review of federal regula- tions related to the electronic lien and title program and has determined that there are no comparable federal regulations.

DOCUMENTS INCORPORATED BY REFERENCE The following documents are incorporated by reference:  Electronic Lien and Title (ELT) Program Service Provider Application, REG 670 (NEW 1/2019  Electronic Lien and Title (ELT) Service Provider Permit, REG 672 (NEW 1/2019)  Electronic Lien and Title (ELT) Program Lienholder Application, REG 671 (NEW 1/2019)  Electronic Lien and Title (ELT) Program Information Security and Disclosure Statement Service Provider/Lienholder Employee, REG 677 (NEW 1/2019)  Electronic Lien and Title (ELT) Program Information Security and Disclosure Statement Service Provider/Lienholder Firm, REG 678 (NEW 1/12019)  Electronic Lien and Title (ELT) Lienholder Permit, REG 672 F (NEW 1/2019)  Electronic Lien and Title (ELT) Program Change Request, REG 673 (NEW 1/2019)  Electronic Lien and Title (ELT) Program Withdrawal Request, REG 674 (NEW 1/2019) 68

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z These documents will not be published in the Califor- nia Code of Regulations because it would be impracti- cal and cumbersome to do so; however, the documents are readily available to interested parties by contacting the department representative identified below.

Economic and Fiscal Impact Determinations The department has made the following initial deter- minations concerning the proposed regulatory action:  Cost or Savings to Any State Agency: None.  Other Non−Discretionary Cost or Savings to Local Agencies: None.  Costs or Savings in Federal Funding to the State: None.  Cost to any local agency or school district requiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None.  Effects on Housing Costs: None.  Impacts Directly Affecting Businesses: The proposed adoptions will require lienholders who hold an interest in California titled vehicles to participate.  Significant, Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: None.  Cost Impact on Representative Private Persons or Businesses: While the department does not anticipate a cost impact to the lending industry, the department does anticipate fiscal and economic benefits as they will no longer have to store and manage paper documents.  Small Business Impact: This proposed action will affect small businesses in the same manner it will affect any business.  Local Agency/School Districts Mandate: The proposed regulation action will not impose a mandate on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

section 17500) of Division 4 of the Government Code. Results of the Economic Impact Statement The department has determined that this proposed ac- tion will not affect the creation or elimination of jobs within the state, the creation of new businesses or the elimination of existing businesses within the state, or the expansion of businesses currently doing business within the state. This action will benefit the welfare of California resi- dents and worker safety by reducing titling fraud of vehicles. PUBLIC DISCUSSION OF PROPOSED REGULATIONS A pre−notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed dur- ing the comment period.

ALTERNATIVES CONSIDERED The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, or would be effective as and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

CONTACT PERSON Any inquiries or comments concerning the proposed rulemaking action may be addressed to: Tracy Brazil, Regulations Analyst Department of Motor Vehicles Legal Affairs Division P.O.

Box 932382, MS C−244 Sacramento, CA 94232−3820 Any inquiries or comments concerning the proposed rulemaking action requiring more immediate response may use: Telephone: (916) 657−8919 Facsimile: (916) 657−6243 E−Mail: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in- quiries should be directed to the following back−up person: Shelly Johnson Marker, Chief of Staff Department of Motor Vehicles Telephone: (916) 657−6469 A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action, and has available all the information upon which the proposal is based.

The contact person identified in this notice shall 69

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z make available to the public upon request the Express Terms of the proposed regulatory action using under- line or italics to indicate additions to, and strikeout to in- dicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of public records, including reports, documentation and other materials related to the proposed action.

In addition, the above−cited materials (the Notice of Proposed Regula- tory Action, the Initial Statement of Reasons, and Ex- press Terms) may be accessed at http://www.dmv.ca. gov/portal/dmv/detail/about/lad/regactions. A V AILABILITY OF MODIFIED TEXT Following the written comment period, and the hear- ing if one is held, the department may adopt the pro- posed regulations substantially as described in this no- tice.

If modifications are made which are sufficiently related to the originally proposed text, the fully modi- fied text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regu- lations. Request for copies of any modified regulations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made avail- able to the public. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 315, 316.5, 399 and 2084 of the Fish and Game Code and to implement, interpret or make specific sections 200, 205, 265, 270, 316.5 and 2084 of said Code, proposes to adopt subsection (b)(91.2) of

Section 7.50, Title 14, California Code of Regulations, relating to upper Klamath−Trinity spring Chinook salmon sport fishing. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. BACKGROUND The Klamath River Basin spring−run Chinook Salmon (Oncorhynchus tshawytscha) in−river sport fishery is managed by the Commission via general basin seasons, daily bag limit, and possession limit reg- ulations.

Regular creel surveys and tag returns from an- glers provide information on the status of spring−run Chinook Salmon in the Klamath River Basin. (Spring Chinook salmon may also be referred to as upper Klamath−Trinity spring Chinook Salmon — UKTSCS, Klamath River Spring Chinook — KRSC, “Klamath Spring Chinook,” “Trinity Spring Chinook,” or simply “spring−run Chinook”.) In February 2019, the Commission accepted a peti- tion to list UKTSCS, which confers candidacy status. Under the California Endangered Species Act (CESA), take prohibition measures apply (Fish and Game Code

Section 2085). The Commission adopted emergency regulations in February 2019 for certain portions of the Klamath and Trinity Rivers to prohibit take and help protect UKTSCS by minimizing confusion by sport an- glers who may not have been aware of the CESA candi- dacy protections. The Commission also received testi- mony and letters from the public, as well as the Del Norte County and Siskiyou County boards of supervi- sors that a complete prohibition on take of spring−run Chinook Salmon would create economic harm to busi- nesses.

The public requested that the Commission con- sider shortening the closed periods, or otherwise allow some sport fish take during the spring Chinook Salmon fishing season. The California Department of Fish and Wildlife (De- partment) assessed the ability under

Section 2084 of the Fish and Game Code to allow for some level of sport fishing take by hook and line, while still providing pro- tective spring−run Chinook Salmon regulatory mea- sures. On April 17, 2019, the Commission adopted emergency regulations to mitigate the potential adverse economic and fiscal impacts of a complete prohibition of take.

The emergency regulations, which went into ef- fect June 26, 2019, allow limited sport fishing take of spring−run Chinook Salmon on the Klamath River downstream of the Highway 96 bridge at Weitchpec be- tween July 1 and August 14, and the Trinity River from the Old Lewiston Bridge to the mouth of the South Fork Trinity River, and the New River main stem down- stream of the confluence of the East Fork to the conflu- ence with the Trinity River between July 1 and August 31. REGULATORY PROPOSAL This proposed rulemaking will make permanent the June 2019 emergency regulations allowing limited 70

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z sport fish take of UKTSCS in most of the same reaches. The proposed regulation would allow continued limited sport fishing take of UKTSCS on the Klamath River downstream of the Highway 96 bridge at Weitchpec be- tween July 1 and August 14, and the Trinity River from the Old Lewiston Bridge to the mouth of the South Fork Trinity River between July 1 and August 31, with a bag limit of one Chinook Salmon and a possession limit of two Chinook Salmon, after which fall season regula- tions under subsection (b)(91.1) of

Section 7.50 will ap- ply. This proposed rulemaking does not make perma- nent the language for the New River reach (main stem downstream of the confluence of the East Fork to the confluence with the Trinity River between July 1 and August 31). BENEFITS OF THE PROPOSED REGULATIONS Compared to the full closure under CESA, the pro- posed regulations provide increased recreational fish- ing opportunity for a July 1 start during the peak of the season, and through August 14 (Klamath River — six weeks) or August 31 (Trinity River — eight weeks).

The July 1 opening date in the lower Klamath River pro- tects the majority of wild−origin UKTSCS which enter and migrate through the lower Klamath River by reduc- ing the spring Chinook Salmon fishing season by six months (opening July 1 instead of January 1). These wild salmon are destined for spawning in the upper Salmon River and upper South Fork Trinity River. Sim- ilarly, the July 1 opening date on the upper Trinity River protects wild UKTSCS by reducing the fishing season by six months.

Making permanent this six to eight−week window re- duces potential economic impacts and helps mitigate the risk of hardship to local businesses and communi- ties from a full closure to fishing under CESA, while protecting UKTSCS during its migratory and spawning phases. Allowing limited take at the end of the tradition- al spring season for sport fish by hook and line of UKTSCS is consistent with Fish and Game Code Sec- tion 2084. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV ,

Section 20 of the State Constitution speci- fies that the Legislature may delegate to the Commis- sion such powers relating to the protection and propaga- tion of fish and game as the Legislature sees fit. The Legislature has delegated authority to the Commission to authorize the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or can- didate species (Section 2084, Fish and Game Code). The Commission has reviewed its own regulations and finds that the proposed regulations are neither inconsis- tent nor incompatible with existing State regulations.

Commission staff has searched the California Code of Regulations and has found no other State regulations re- lated to spring Chinook Salmon sport fishing in the Kla- math River Basin. SCHEDULED HEARINGS NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Natural Resources Building Auditorium, 1416 Ninth Street, Sacramento, California, 95814, on Friday, February 21, 2020, at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in the Natural Re- sources Building Auditorium, 1416 Ninth Street, Sacramento, California, 95814, on Thursday, April 16, 2020, at 8:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that writ- ten comments be submitted on or before on April 2, 2020, at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received be- fore 12:00 noon on April 10, 2020.

All comments must be received no later than April 16, 2020, at the hearing in Sacramento, California. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244−2090. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Executive Director, Fish and Game Commission, 1416 Ninth Street, P.O. Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899. Please direct requests for the above− mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or Sherrie Fonbuena at the preceding address or phone number.

Wade Sinnen, Senior Environmental Scientist, De- partment of Fish and Wildlife, (707) 822−5119 or Wade.Sinnen@wildlife.ca.gov, has been designated to respond to questions on the substance of the pro- posed regulations. 71

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Making permanent the June 2019 emergency regulations via the certificate of compliance process would both create permanent incentives for more tourists to travel to coastal northern California, and help stimulate the local economies in Del Norte, Siskiyou, Trinity and neighboring counties. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’ s Environment: The Commission does not anticipate any significant impact on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses, or the expansion of businesses in California.

This is due to the re−opening of limited sport fishing take during the peak of the season, starting July 1, and through August 14 (Klamath River) or August 31 (Trinity River). Compared to the full closure under CESA, the proposed regulation provides increased recreational fishing opportunity for the six− to eight−week window between July and August in the Klamath River Basin. The Commission anticipates benefits to the health and welfare of California residents through the activity of fishing for salmon.

The Commission does not anticipate any benefits to worker safety because the proposed regulation will not affect existing working conditions. The Commission anticipates a neutral impact to the state’s environment, as the majority of fish present in the river reaches during the limited six− or eight−week windows are believed to be of hatchery origin. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to overnment Code Sections 11342.580 and 1346.2(a)(1). G 1 72

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 200, 205, 265, 270, 275, 315, 316.5, 399, and 2084 of the Fish and Game Code and to implement, interpret or make specific Sections 200, 205, 255, 265, 270, 275, 316.5, and 2084 of said Code, proposes to amend Sections 2.35 and 7.00, and subsec- tions (b)(5), (b)(68), (b)(124), and (b)(156.5) of

Section 7.50, Title 14, California Code of Regulations, relating to Central Valley sport fishing regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. Current regulations in subsections (b)(5), (b)(68), (b)(124), and (b)(156.5) of

Section 7.50 prescribe the 2019 seasons and daily bag and possession limits for Sacramento River fall−run Chinook Salmon (On- corhynchus tshawytscha; SRFC) sport fishing in the American, Feather, Mokelumne, and Sacramento rivers, respectively. Collectively, these four rivers con- stitute the “Central Valley fishery” for SRFC for pur- poses of this document.

Each year, the Department of Fish and Wildlife (Department) recommends new Chi- nook Salmon bag and possession limits for considera- tion by the Fish and Game Commission (Commission) to align the fishing limits with up−to−date management goals, as set forth below. The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for the man- agement of recreational and commercial ocean salmon fisheries in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington, Oregon, and California.

When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing regulations by the National Marine Fisheries Service (NMFS). The PFMC will develop the annual Pacific coast ocean salmon fisheries regulatory options for public re- view at its March 2020 meeting and will adopt its final regulatory recommendations at its April 2020 meeting based on the PFMC salmon abundance estimates and recommendations for ocean harvest for the coming sea- son.

Based on the April 2020 recommendation by PFMC, the Department will recommend specific bag and possession limit regulations to the Commission at its April 16, 2020 meeting. The Commission will then consider adoption of the Central Valley sport fishing regulations at its May 14, 2020 teleconference. PROPOSED REGULATIONS CHINOOK SALMON BAG AND POSSESSION LIMITS The Department recognizes the uncertainty of SRFC in−river harvest projections.

Therefore, for the 2020 Central Valley fishery, the Department is presenting three regulatory options for the Commission’s consid- eration to tailor 2020 Central Valley fishery manage- ment to target 2020 in−river fisheries harvest projections.  Option 1 is the most liberal of the three options, and allows take of any size Chinook Salmon up to the daily bag and possession limits.  Option 2 allows for take of a limited number of adult (age three to five) Chinook Salmon, with grilse (age two) Chinook Salmon making up the remainder of the daily bag and possession limits.  Option 3 is the most conservative option, and allows for a grilse−only Chinook Salmon fishery.

All three options will also increase fishing opportuni- ties on Chinook Salmon by extending the Chinook Salmon sport fishing season on the Sacramento River from the Deschutes Road bridge to the Red Bluff Diver- sion Dam from a closure date of December 16 to a clo- sure date of December 31. A minor correction will also be made to subsections 7.50(b)(124)(A), (B), and (D), to ensure consistency in the format in which the daily bag and possession limit for hatchery trout or hatchery steelhead is displayed in the regulatory text.

All options would be applicable to the following river segments and time periods: American River, subsection 7.50(b)(5): (

B) From the USGS gauging station cable crossing near Nimbus Hatchery to the SMUD power line crossing the southwest boundary of Ancil Hoffman Park, July 16 through October 31 (

C) From the SMUD power line crossing at the southwest boundary of Ancil Hoffman Park to the 73

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z Jibboom Street bridge, July 16 through December 31 (

D) From the Jibboom Street bridge to the mouth, July 16 through December 16 Feather River, subsection 7.50(b)(68): (

D) From the unimproved boat ramp above the Thermalito Afterbay Outfall to 200 yards above the Live Oak boat ramp, July 16 through October 31 (

E) From 200 yards above the Live Oak boat ramp to the mouth, July 16 through December 16 Mokelumne River, subsection 7.50(b)(124): (

A) From Comanche Dam to Elliott Road, July 16 through October 15 (

B) From Elliott Road to the Woodbridge Irrigation District Dam and including Lodi Lake, July 16 through December 31 (

D) From the Lower Sacramento Road bridge to the mouth, July 16 through December 16 Sacramento River below Keswick Dam, subsection 7.50(b)(156.5): (

B) From Deschutes Road bridge to the Red Bluff Diversion Dam, August 1 through December 31 (

C) From the Red Bluff Diversion Dam to the Highway 113 bridge, July 16 through December 16 (

D) From the Highway 113 bridge to the Carquinez Bridge, July 16 through December 16. The following options are provided for Commission consideration: Option 1 — Any Size Chinook Salmon Fishery This option is the Department’s preferred option if the 2019 SRFC stock abundance forecast is sufficiently high to avoid the need to constrain inland SRFC har- vest. Bag limit of [0−4] Chinook Salmon. Possession limit — [0−12] Chinook Salmon. Option 2 — Limited Adult and Grilse Salmon Fishery Bag limit of [0−4] Chinook Salmon of which no more than [0−4] fish over 27 inches total length may be re- tained.

Possession limit — [0−12] Chinook Salmon of which no more than [0−4] fish may be over 27 inches total length. Option 3 — Grilse Salmon Fishery Only Bag limit of [0−4] Chinook Salmon less than or equal to 27 inches total length. Possession limit — [0−12] Chinook Salmon less than or equal to 27 inches total length. EXTEND CHINOOK SALMON SPORT FISHING SEASON ON THE SACRAMENTO RIVER Sport fishing interests have requested the Chinook Salmon sport fishing season on the Sacramento River be extended from the current December 16 closure date to December 31 to enhance late−season fishing oppor- tunity on the river.

At issue is regulating the closure date to minimize contact in the fishery with federally and state−listed as endangered winter−run Chinook Salmon. The Department supports extending the fishing sea- son from December 16 to December 31 upstream of the Red Bluff Diversion Dam (River Mile (RM) 243), which will provide late season fishing for late−fall−run Chinook Salmon without negatively impacting winter− run Chinook Salmon.

Proposal: Amend subsection 7.50(b)(156.5)(C), Sacramento River Extend the Chinook Salmon sport fishing season on the Sacramento River from the Deschutes Road bridge to the Red Bluff Diversion Dam to December 31. REMOVE EXCEPTION FOR TAKE OF COHO SALMON IN THE FEATHER RIVER

Section 7.00 includes an exception for the take of Co- ho Salmon in Lake Oroville and Oroville−Thermalito Complex, and the Feather River from the Diversion Pool Dam to the Fish Barrier Dam.

Section 7.00 also in- cludes an exception for incidentally hooked Coho Salmon in the same area. Coho Salmon have not been stocked in Lake Oroville since 2013. Coho Salmon are no longer planted in the Feather River water impound- ments. Therefore, the exceptions for take and inciden- tally hooked Coho Salmon stated in

Section 7.00 should be removed. Proposal: Amend

Section 7.00, Re: Take of Coho Salmon in the Feather River Remove exception for take and incidentally hooked Coho Salmon in Lake Oroville and Oroville− Thermalito Complex, and the Feather River from the Diversion Pool Dam to the Fish Barrier Dam. PROHIBIT FISHING AT CONCRETE FLOOD CONTROL WEIRS Annually, during the rainy season, fish often get trapped below the concrete flood control weirs on the Sacramento River. Fish trapped in these areas are often state or federally listed as endangered or threatened species and, therefore, should not be exposed to angling opportunity. Subsections 7.50(b)(156.5)(

D) and (

E) in- clude a “Note” which states that it is unlawful to take fish 0−250 feet downstream from the overflow side of the Moulton, Colusa, Tisdale, Fremont, and Sacramen- to weirs. However, there is no regulation in place that makes angling near flood control weirs unlawful. Sec- tion 2.35 prohibits angling near fishways and egg− 74

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z taking stations, dams, weirs or racks with fishways or egg−taking stations, and the upstream side of fish screens; but does not apply to areas, except for Fremont Weir, described in the notes in subsections 7.50(b)(156.5)(

D) and (E). Proposal 1: Amend

Section 2.35, Regarding Take of Fish at Weirs Amend

Section 2.35 to include and differentiate flood control weirs in the Central Valley from other types of weirs and include a fishing closure of 0−250 feet downstream from the overflow side of Moulton, Tisdale, Fremont, and Sacramento weirs. Proposal 2: Amend subsections 7.50(b)(156.5)(

D) and (E), Sacramento River Remove Note which states it is unlawful to take fish 0−250 feet downstream from the overflow side of the Moulton, Colusa, Tisdale, Fremont, and Sacramento weirs. These fishing closures will now be stipulated in Title 14,

Section 2.35, with the exception of the Colusa Weir. BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates benefits to the environ- ment in the sustainable management of Central Valley Chinook Salmon resources. Other benefits of the pro- posed regulations are consistency with federal fishery management goals, health and welfare of California residents, and promotion of businesses that rely on Cen- tral Valley Chinook Salmon sport fishing. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV ,

Section 20 of the State Constitution speci- fies that the Legislature may delegate to the Fish and Game Commission such powers relating to the protec- tion and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the Commis- sion the power to regulate recreational fishing in waters of the state (Fish and Game Code sections 200, 205, 315 and 316.5). The Commission has reviewed its own regulations and finds that the proposed regulations are neither in- consistent nor incompatible with existing state regula- tions.

The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to Chinook Salmon recreational fishing seasons, bag, and possession limits for Central Valley sport fishing. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Building Auditorium, 1416 Ninth Street, Sacramento, California, 95814 on Friday, February 21, 2020 at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Building Auditorium, 1416 Ninth Street, Sacramento, California, 95814 on Thursday, April 16, 2020 at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a teleconference hearing originating in the Commission’s conference room, 1416 Ninth Street, Suite 1320, Sacramento, California, 95814, on Thurs- day, May 14, 2020, at 8:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not re- quired, that written comments be submitted on or before Friday, May 1, 2020 at the address given below, or by email to FGC@fgc.ca.gov.

Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on Monday, May 11, 2020. All com- ments must be received no later than Thursday, May 14, 2020, at the teleconference hearing. If you would like copies of any modifications to this proposal, please in- clude your name and mailing address. Mailed com- ments should be addressed to Fish and Game Commis- sion, P.O. Box 944209, Sacramento, CA 94244−2090.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or Craig Castleton at the preceding address or phone number. Karen Mitchell, Senior Environmental Scientist, Department of Fish and Wildlife, (916) 445−0826 or Karen.Mitchell@wildlife.ca.gov, has been designat- 75

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z ed to respond to questions on the substance of the proposed regulations. A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption.

Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed changes are necessary for the continued preservation of the resource, while providing inland sport fishing opportunities and thus, the prevention of adverse economic impacts. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Commission does not anticipate significant adverse economic impacts but acknowledges the potential for short−term negative impacts on the creation or elimination of jobs within the state.

The Commission anticipates no adverse impacts on the creation of new business, the elimination of existing businesses or the expansion of businesses in California. Minor variations in the bag and possession limits and/or the implementation of a size limit are unlikely to significantly impact the volume of business activity.

The loss of up to 27 jobs with Option 3 is not expected to eliminate businesses because reduced fishing days will be partially offset by the extension of the salmon fishing season by two weeks on a portion of the Sacramento River from the Deschutes Road bridge to the Red Bluff Diversion Dam, and by opportunities to fish for grilse Chinook Salmon and other species. The Commission anticipates benefits to the health and welfare of California residents. Providing opportunities for a Chinook Salmon sport fishery encourages consumption of a nutritious food.

The Commission anticipates benefits to the environment by the sustainable management of Chinook Salmon resources in the Central Valley. The Commission does not anticipate any benefits to worker safety. Other benefits of the proposed regulations are concurrence with federal fishery management goals and promotion of businesses that rely on Central Valley sport fishing. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. 76

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 315, 316.5, 399, and 2084 of the Fish and Game Code and to implement, interpret or make specific sections 200, 205, 265, 270, 316.5, and 2084 of said Code, proposes to amend subsection (

f) of

Section 5.87 and subsection (b)(91.1) of

Section 7.50, Title 14, California Code of Regulations, relating to Klamath River Basin sport fish- ing regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations (CCR). The Klamath River Basin, which consists of the Kla- math River and Trinity River systems, is managed for fall−run Chinook Salmon (Oncorhynchus tshawytscha) through a cooperative system of State, federal, and trib- al management agencies. Salmonid regulations are de- signed to meet natural and hatchery escapement needs for salmonid stocks, while providing equitable harvest opportunities for ocean sport, ocean commercial, river sport, and tribal fisheries.

The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for the man- agement of sport and commercial ocean salmon fish- eries in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing regulations by the National Marine Fisheries Service (NMFS).

The Commission adopts regulations for the ocean salmon sport (inside three miles) and the Klamath River Basin (in−river) sport fisheries, which are consistent with federal fishery management goals. Tribal entities within the Klamath River Basin main- tain fishing rights for ceremonial, subsistence, and commercial fisheries that are managed consistent with federal fishery management goals. Tribal fishing regu- lations are promulgated by the tribes.

Klamath River Fall−Run Chinook Salmon Adult Klamath River fall−run Chinook Salmon (KRFC) harvest allocations and natural spawning es- capement goals are established by the PFMC. The Kla- math River Basin in−river sport salmon fishery is man- aged using adult quotas. The KRFC harvest allocation between tribal and non−tribal fisheries is based on court decisions and allo- cation agreements between the various fishery repre- sentatives.

For the purpose of implementing PFMC adult alloca- tion and California Department of Fish and Wildlife (Department) salmon fishery harvest assessment, with- in the Klamath River Basin the Department currently considers 22 inches total length as a provisional cutoff. Salmon greater than 22 inches total length are defined as adult salmon (ages 3−5) and salmon less than or equal to 22 inches total length are defined as grilse salmon (age−two). PFMC Overfishing Review KRFC stocks have been designated as “overfished” by the PFMC. This designation is the result of not meet- ing conservation objectives for this stock.

Management objectives and criteria for KRFC are defined in the PFMC Salmon Fishery Management Plan (FMP). The threshold for overfished status of KRFC is a three−year geometric mean less than or equal to 30,525 natural area adult spawners. This threshold was not met for KRFC during the 2015−2017 period. The 30,525 KRFC natu- ral area adult spawners is considered the minimum stock size threshold, per the FMP. The KRFC adult nat- ural area spawning escapement for 2018 was 53,624 natural area adult spawners, which exceeded the one− year conservation threshold of 40,700 natural area adult spawners.

The three−year geometric mean is still less than the required 40,700 natural area adult spawners, therefore the KRFC are still considered as an “over- fished” stock. Accordingly, the FMP outlines a process for prepar- ing a “rebuilding plan” that includes assessment of the 77

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z factors that led to the decline of the stock, including fishing, environmental factors, model errors, etc. The rebuilding plan includes recommendations to address conservation of KRFC, with the goal of achieving re- built status. Rebuilt status requires meeting a three− year geometric mean of 40,700 adult natural area KRFC spawner escapement. The plan developed by represen- tatives of NMFS, PFMC, U.S.

Fish and Wildlife Ser- vice, California Department of Fish and Wildlife (De- partment), and Tribal entities, was submitted to the PFMC in February 2019, adopted by the PFMC in June 2019 and submitted to the NMFS in August 2019. Forthcoming recommendations from the rebuilding plan may alter how KRFC are managed in the future, in- cluding changing the in−river allocation number, and/ or allocating less than the normal target number. KRFC Allocation Management The PFMC 2019 allocation for the Klamath River Basin sport harvest was 7,637 adult KRFC.

Preseason stock projections of 2020 adult KRFC abundance will not be available from the PFMC until March 2020. The 2020 basin allocation will be recommended by the PFMC in April 2020 and presented to the Commission for adoption as a quota for the in−river sport harvest at its May 2020 teleconference meeting. The Commission may modify the KRFC in−river sport harvest quota, which is normally a minimum of 15 percent of the non−tribal PFMC harvest allocation. Commission modifications need to meet biological and fishery allocation goals specified in law or established in the FMP.

The annual KRFC in−river sport harvest quota is specified in subsection 7.50(b)(91.1)(D)1. The quota is split between four geographic areas with a subquota for each area, expressed as a percentage of the total in−river quota, specified in subsection 7.50(b)(91.1)(D)2. For angler convenience, the subquotas, expressed as the number of fish, are listed for the affected river segments in subsection 7.50(b)(91.1)(E).

The in−river sport sub- quota percentages are shown in Figure 1, and are as fol- lows: 1. for the main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec — 17 percent of the in−river sport quota; 2. for the main stem Klamath River from downstream of the Highway 96 bridge at Weitchpec to the mouth — 50 percent of the in−river sport quota; 3. for the Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat — 16.5 percent of the in−river sport quota; and 4. for the Trinity River downstream from the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River — 16.5 percent of the in−river sport fishery quota.

PROPOSED CHANGES Because the PFMC recommendations are not known at this time, ranges are shown in [brackets] in the pro- posed regulatory text below of bag and possession lim- its which encompass historical quotas. A range is also shown for the Department’s grilse salmon size limit cut- off delineating between adult and grilse salmon. All are proposed for the 2020 KRFC fishery in the Klamath and Trinity rivers. The final KRFC bag and possession lim- its will align with the final federal regulations to meet biological and fishery allocation goals specified in law, or established in the FMP.

KRFC SPORT FISHERY (QUOTA MANAGEMENT): Quota: For public notice requirements, the Depart- ment recommends the Commission consider a quota range of 0−67,600 adult KRFC in the Klamath River Basin for the in−river sport fishery. This recommended range encompasses the historical range of the Klamath River Basin allocations and allows the PFMC and Com- mission to make adjustments during the 2020 regulato- ry cycle.

Subquotas: The proposed subquotas for KRFC stocks are as follows:  Main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec — 17 percent of the total quota equates to [0−11,492];  Main stem Klamath River from downstream of the Highway 96 bridge at Weitchpec to the mouth — 50 percent of the total quota equates to [0−33,800];  Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat — 16.5 percent of the total quota equates to [0−11,154]; and  Trinity River downstream from the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River — 16.5 percent of the total quota equates to [0−11,154].

Seasons: No changes are proposed for the Klamath River and Trinity River KRFC seasons:  Klamath River — August 15 to December 31  Trinity River — September 1 to December 31 Bag and Possession Limits: As in previous years, no retention of adult KRFC is proposed once the subquota has been met. KRFC Size Limit (Grilse Size Considerations) The Department is proposing a grilse salmon size limit cutoff range of less than or equal to 22 inches (55.9 78

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z cm) to 23 inches (58.4 cm) total length (TL) for discus- sion before the Department makes a final recommenda- tion. Considered in this context, the size limit cutoff dis- cussion is a trade−off between restricting take of the available adult salmon and quota management versus increasing harvest of two−year−old grilse salmon.

In preparation for the proposed regulatory changes for the 2020 KRFC in−river recreational fishing season, the Department has completed an evaluation of the poten- tial impacts to KRFC from increasing the size limit cut- off distinguishing age−two fish from age−three fish for in−river recreational harvest (Appendix A to the Initial Statement of Reasons — ISOR). The Department ana- lyzed a range of grilse size limits between 21 and 24 inches total length. A 21 inch TL size limit was consid- ered overly conservative, and would prevent fishing op- portunity on grilse KRFC with little benefit to adult stocks.

Raising the maximum grilse size to 24 inches TL was considered too liberal. The range of proposed bag and possession limits for KRFC stocks are as follows:  Bag Limit — [0−4] Chinook Salmon — of which no more than [0−4] fish over [22−23] inches total length may be retained until the subquota is met, then 0 fish over [22−23] inches total length.  Possession limit — [0−12] Chinook Salmon of which no more than [0−4] fish over [22−23] inches total length may be retained when the take of salmon over [22−23] inches total length is allowed.

KRSC SPORT FISHERY: The Klamath River Basin also supports Klamath Riv- er spring−run Chinook Salmon (KRSC). Presently, KRSC stocks are not managed or allocated by the PFMC. No regulatory changes are proposed for the gen- eral KRSC opening and closing season dates, and bag, possession and size limits. Brown Trout Bag and Possession Limit Increase on the Main Stem Trinity River The Department is proposing to increase the daily bag and possession limit for Brown Trout on the main stem of the Trinity River from a five−fish daily bag/10−fish possession limit to a 10−fish daily bag/20−fish possession limit.

This proposed change will increase fishing opportunity on a non−native trout species. As the focus for the Trinity River is on native fish production, a reduction of brown trout may help en- hance habitat availability for native fish, consistent with the goals of the federally−administered Trinity River Restoration Program. Other Changes for Clarity The Department is proposing additional changes for clarity, as follows: 1. Amend subsection 5.87(

f) to ensure that the size limit cutoff between a grilse and adult Chinook Salmon in the Klamath River Basin is consistent with the size limit cutoff listed in subsection 7.50(b)(91.1). 2. Add paragraph (3) to subsection 7.50(b)(91.1)(

A) to include a reference to

Section 1.74, Title 14, CCR for sport fish report card requirements. 3. Amend the heading of subsection 7.50(b)(91.1)(

A) to read, “Restrictions and Requirements.” 4. Throughout the regulatory text in subsection 7.50(b)(91.1), update the year from 2019 to 2020. BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates benefits to the environ- ment in the sustainable management of Klamath River Basin salmonid resources. Other benefits of the proposed regulations are confor- mance with federal fishery management goals, health and welfare of California residents and promotion of businesses that rely on salmon sport fishing in the Kla- math River Basin. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV ,

Section 20 of the State Constitution speci- fies that the Legislature may delegate to the Fish and Game Commission such powers relating to the protec- tion and propagation of fish and game as the Legislature sees fit. The Legislature has delegated authority to the Commission to promulgate sport fishing regulations (Fish and Game Code sections 200, 205, 315, and 316.5). The Commission has reviewed its own regula- tions and finds that the proposed regulations are neither inconsistent nor incompatible with existing State regu- lations.

Commission staff has searched the California Code of Regulations and has found no other State regu- lations related to sport fishing in the Klamath River Basin. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Building Auditorium, 1416 Ninth Street, Sacramento, California, 95814 on Friday, February 21, 2020 at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in the California Natural Resources Building Auditorium, 1416 Ninth Street, Sacramento, California, 95814 on Thursday, 79

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z April 16, 2020 at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a teleconference hearing originating in the Commission’s conference room, 1416 Ninth Street, Suite 1320, Sacramento, California, 95814, on Thurs- day, May 14, 2020, at 8:30 a.m., or as soon thereafter as the matter may be heard.

It is requested, but not re- quired, that written comments be submitted on or before Friday, May 1, 2020 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on Monday, May 11, 2020. All com- ments must be received no later than Thursday, May 14, 2020, at the teleconference hearing. If you would like copies of any modifications to this proposal, please in- clude your name and mailing address. Mailed com- ments should be addressed to Fish and Game Commis- sion, P.O. Box 944209, Sacramento, CA 94244−2090.

A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244−2090, phone (916) 653−4899.

Please direct requests for the above mentioned documents and inquiries concerning the reg- ulatory process to Melissa Miller−Henson or Craig Castleton at the preceding address or phone number. Wade Sinnen, Senior Environmental Scientist, De- partment of Fish and Wildlife, (707) 822−5119 or Wade.Sinnen@wildlife.ca.gov, has been designated to respond to questions on the substance of the proposed regulations.

A V AILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories have been made: (

a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulations are projected to range from minor to no impact on the net revenues to local businesses servicing sport fishermen.

If the 2020 KRFC quota is reduced, visitor spending may correspondingly be reduced, and in the absence of alternative visitor activities, the drop in spending could induce some business contraction. If the 2020 KRFC quota remains similar to the KRFC quotas allocated in previous years, then local economic impacts are expected to be unchanged. Neither scenario is expected to directly affect the ability of California businesses to compete with businesses in other states. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: An estimated 30−50 businesses that serve sport fishing activities are expected to be directly and/or indirectly affected depending on the final KRFC quota. The impacts range from no impact 80

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 2-Z (Projection 1 under the Economic Impact Assessment (EIA), below) to small adverse impacts (Projection 3, EIA, below). Depending on the final KRFC quota, the Commission anticipates the potential for some impact on the creation or elimination of jobs in California. The potential adverse employment impacts range from no impact to the loss of 22 jobs.

Under all alternatives, due to the limited time period of this regulation’s impact, the Commission anticipates no impact on the creation of new businesses, the elimination of existing businesses, or the expansion of businesses in California. For all of the proposed scenarios, the possibility of growth of businesses to serve alternative recreational activities exists. Adverse impacts to jobs and/or businesses would be less if fishing of other species and grilse KRFC is permitted, than under a complete closure to all fishing.

The impacted businesses are generally small businesses employing few individuals and, like all small businesses, are subject to failure for a variety of causes. Additionally, the long−term intent of the proposed regulatory action is to increase sustainability in fishable salmon stocks and, consequently promote the long−term viability of these same small businesses. The Commission anticipates benefits to the health and welfare of California residents. Providing opportunities for a salmon sport fishery encourages a healthy outdoor activity and the consumption of a nutritious food.

The Commission anticipates benefits to the environment by the sustainable management of California’s salmonid resources. The Commission does not anticipate any benefits to worker safety because the proposed action does not affect working conditions. (

c) Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (

d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these reg- ulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1). CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost−effective