Amend Subsection (c)(9) of Section 165, and Subsections (c), and (k)(2)(I) of Section 165.5, Title 14, CCR, Regarding Commercial Bull Kelp Harvest Restrictions
Summary
SCH Number
2025110261
Public Agency
California Fish and Game Commission
(CDFGC)
Document Title
Amend Subsection (c)(9) of Section 165, and Subsections (c), and (k)(2)(I) of Section 165.5, Title 14, CCR, Regarding Commercial Bull Kelp Harvest Restrictions
Document Type
NOE - Notice of Exemption
Received
Posted
11/7/2025
Document Description
The regulatory amendments extend the current temporary commercial bull kelp harvest restrictions in Del Norte, Humboldt, Mendocino, and Sonoma counties; the current temporary weekly reporting of bull kelp harvest in Del Norte and Humboldt counties; and the current temporary closure of the three lease-only administrative kelp beds in Del Norte, Humboldt and Mendocino counties, which would otherwise sunset on January 1, 2026. The closures and limits would sunset on January 1, 2029. The amendments also correct a coordinate error for an administrative kelp bed.
Contact Information
Name
Melissa Miller-Henson
Agency Name
California Fish and Game Commission
Job Title
Executive Director
Contact Types
Lead/Public Agency
Phone
Location
Counties
Del Norte, Humboldt, Mendocino, Sonoma
Regions
Northern California
Other Location Info
Ocean waters
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
California Code of Regulations, Title 14, sections 15307 and 15308
Reasons for Exemption
At its October 8-9, 2025 meeting, the California Fish and Game Commission (Commission) took final action under the California Fish and Game Code and the Administrative Procedure Act with respect to the above-named project. In taking its final action for the purposes of the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.), the Commission adopted amendments to sections 165 and 165.5 of Title 14, California Code of Regulations (CCR) (“Project”), relying on the categorical exemptions for actions by regulatory agencies for protection of natural resources and the environment” contained in CEQA Guidelines sections 15307 and 15308 (class 7 and 8 categorical exemptions, CCR, Title 14, sections 15307 and 15308).
The rulemaking will assist the California Department of Fish and Wildlife (Department) in carrying out its duty to protect marine resources in state waters, specifically bull kelp. Starting in 2014, bull kelp populations in Mendocino and Sonoma counties have declined dramatically—outside their range of normal variability—due to changing oceanographic and ecological conditions. Satellite imagery data through the fourth quarter of 2024 illustrates the decline in Mendocino and Sonoma counties, 91% and 96%, respectively, has continued. Satellite data for Humboldt and Del Norte counties also reflect bull kelp declines of 29% and 48%, respectively.
The adopted January 1, 2029 sunset date will provide time for the Department and its partners to continue the development of a comprehensive, statewide kelp restoration and management plan for giant and bull kelp and critical studies addressing knowledge gaps around bull kelp biomass and harvest. Both studies are currently underway.
An additional regulatory amendment will correct a coordinate error for administrative kelp bed 109 that was introduced in rulemaking file 2013-1205-01S.
The adopted regulations will result in continued protection for bull kelp in areas with sustained loss. The class 7 and 8 categorical exemptions described in the CEQA Guidelines apply because the extended harvest restrictions for the commercial harvest of bull kelp will help reduce the risk of overharvest, thereby ensuring the maintenance and enhancement of marine resources and the marine environment.
Attachments
Notice of Exemption
Disclaimer: The Governor’s Office of Land Use and Climate Innovation (LCI) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. For more information, please visit LCI’s Accessibility Site.