Fish And Game Commission Adopts New Catch-And-Release Fishing Regs For White Sturgeon

CDFW Environmental Scientist Mike Harris holds a white sturgeon he just tagged in the Delta. (CDFW PHOTO)

Amid plenty of speculation when a petition to list California’s white sturgeon as a threatened species, the California Fish and Game Commission announced new catch-and-release regulations would be in effect starting on Oct. 1 in California inland waters.

NorCal Guides and Sportsmen’s Association president James Stone was opposed to shutting down the white sturgeon fishery and made an argument at the Fish and Game Commission meeting after NCGASA and the Golden Gate Fishermen’s Association co-wrote a letter sent to the Commission, which read in part:

The approval by the Fish and Game Commission of the White Sturgeon candidacy listing petition (CESA Petition White Sturgeon 2023.11.29) has the potential to cause irreparable damage the business and recreational anglers who fish for White Sturgeon in California’s coastal, Delta, and inland waters.

This includes five Commercial Passenger Fishing Vessels with a combined annual revenue of $300,000 for sturgeon fishing, 40 captains operating 6 pack vessels (24 of which are full time at $1.2M and 16 part time at $300,000 revenue),approximately 45 charter/guide services with $1.8M in total revenues, 10-15K recreational boats whose economic impacts are measured in launch fees, gas, bait, tackle, rods, reels, ice and more, and 45,000 individual anglers according to CDFW fisheries data.

Further down the supply chain at bait/suppliers/distributors with an estimated $1M, including approximately 50 tackle stores. According to surveys from our captains and members of the public, we estimate a closure of the sturgeon fishery would cause 20 bait shops would automatically closed their doors. We have already lost 5 businesses since January 2024 (with an estimated economic loss of nearly $100,000).

Over the past year and a half the Department has engaged with various stakeholders on outlining a pathway forward to protecting and conserving white sturgeon in California. First, to be crystal clear, recreational angling is not the cause of concern to the health of this fishery. Instead, this fishery is suffering from the mismanagement of our precious and limited water supplies, allocations of which have resulted in less than ideal breeding and spawning habitat and harmful algal blooms which have indiscriminately killed thousands of fish, sturgeon among them.

Further, the Department lacks the funding and organizational structure to have a solid sense of the actual number of sturgeon in the system. In fact current scientific sampling and analysis underway show that the abundance estimates used are perhaps a magnitude of order to low and we are dramatically underestimating the count.

Regardless, the sturgeon working group, with limited data in hand, came to the conclusion that a 4% exploitation rate would be acceptable given the best available scientific understanding of the current state of the fishery. It is from this information at the October 2023 Commission meeting that the Commissioners recognized the importance of keeping the industry viable and directed the Department and the industry to work together on a solution for the 2024 season.

In an effort to aide data collection on this species NCGASA and GGFA members (guides and charter boat captains out on the water every day) have been participating in citizen led FLAME sturgeon data collection over the past 18 months. To date we have submitted raw data to the Department that includes over 1000 caught sturgeon (not all are harvested, this is total catch including a significant number of releases). This data includes geographic location, time, place, pictures of the fish on a certified ruler, and includes biological characteristics and traits of each individual fish including length and estimated weight. This critical data is the freshest and best available science we currently have to analyze this species, and we look forward to continuing to contribute to this effort and study.

Comparing our catch rates utilizing FLAME data from 2024 to 2023 we have seen a reduction in harvest by 93%. If this holds true among the entire recreational community we are on track to fall well below the 4% exploitation agreed to by the Working Group and implemented by the Commission and CDFW.

We are hopeful that you will continue in this pattern, choosing a pathway that maintains the Department’s conservation objectives, and allows for continued economic vitality of our hard hit fisheries sector. As you have directed Department to study the candidacy listing petition you still have the authority to continue to authorize a limited recreational fishery under Section 2084, and we urge you to do so.

In closing, the Department’s own data indicates the steep and dramatical decline in license sales, harvest tags, and other recreational activities that a complete closure or a “catch and release only” season would inflict. Please also realize that the economic cost of these actions will come to bear on us, and we are already suffering from the 2nd year of a complete salmon season closure that is currently in effect along with the continued decline in the striped bass population.

There is a pathway forward to maintain angler enthusiasm and protect the species and meet the limited harvest objectives defined by the state. We urge you to work with us to find win-win pathways forward for the future of this fishery, anglers, and our industry.

Sincerely,

James Stone
President, Northern California Guides and Sportsmen’s Association

James Smith
Board Member, Golden Gate Fishermen’s Association

Here’s the Fish and Game Commission press release (with the sturgeon decision in bold):

California Fish and Game Commission Holds Hybrid Meeting

The California Fish and Game Commission (Commission) acted on a variety of issues affecting California’s natural resources at its August 14-15 meeting in Fortuna, Humboldt County. The public was also able to participate via webinar and by phone.

The Commission adopted proposed regulations related to commercial California halibut and white seabass set gill nets to address potential bycatch concerns. New regulations will require a maximum service interval, or soak time, of 48 hours, require orange-colored gear marking and establish a maximum net height limit.

Emergency regulations were adopted for the recreational catch-and-release of white sturgeon pursuant to California Fish and Game Code Section 2084. The approval defines seasons, closed areas, gear and handling restrictions, and report card requirements for catch-and-release fishing of white sturgeon in both inland and ocean waters. The decision opens catch-and-release sport fishing opportunities for anglers and mitigates adverse economic impacts to sturgeon-related businesses. The anticipated opening date for sturgeon fishing under these emergency regulations is Oct. 1, 2024, pending the review of California’s Office of Administrative Law. Until then, recreational fishing for white sturgeon is closed. More information can be found on the Commission’s New and Proposed Regulations – 2024 web page.

The Commission adopted proposed amendments to regulations for freshwater sport fishing bag limits, gear and low-flow information. Under consent, the Commission adopted proposed regulations to update and define areas of commercial marine fishing activity and associated forms and logbooks. Such improvements aim to better document fishing locations and reported catch to support effective fishery management decisions.  

Commission President Samantha Murray, Vice President Erika Zavaleta, and commissioners Jacque Hostler-Carmesin, Eric Sklar and Darius Anderson participated in person with Commission and department staff throughout the meeting. The agenda for this meeting, along with supporting information, is available on the Commission website. Archived video of past Commission meetings is available online. The next California Fish and Game Commission meeting is scheduled to occur in Sacramento on Oct. 9-10, 2024. Participants can attend in person, via Zoom or phone. The location will be determined and updated on the Commission’s website soon.

The Commission also provided updated regulations as follows:

Proposed Emergency Regulatory Language for White Sturgeon Under CESA Candidacy

Proposed Emergency Regulatory Language

Section 5.78, Title 14, California Code of Regulations, is added as follows:

§ 5.78. White Sturgeon Catch and Release Sport Fishing for Inland Waters

Notwithstanding sections 5.79 and 5.80, white sturgeon may not be taken in inland waters statewide except as authorized below.

  1. (a)  Open season (1) From October 1 through June 30: from the west Carquinez Bridge east to downstream of the confluence of the Feather River on the Sacramento River and downstream of the I-5 bridge on the San Joaquin River. (2) From October 1 through December 31: upstream of the confluence of the Feather River to the Highway 162 Bridge on the Sacramento River and upstream of the I-5 bridge on the San Joaquin River.
  2. (b)  Daily limit: zero fish

(c) Annual bag limit: zero fish per calendar year statewide.

(d) Methods of take: Only one single point, single shank, barbless hook shall be used on a line when taking sturgeon. The sturgeon must voluntarily take the bait or lure inside its mouth. No sturgeon may be taken by trolling, snagging or by the use of firearms. Sturgeon may not be gaffed, nor shall any person use any type of firearm or snare to take any sturgeon.

For the purposes of this section, a snare is a flexible loop made from any material that can be tightened like a noose around any part of the fish.

(e) Handling and removal from water: Any sturgeon greater than 60 inches fork length may not be removed from the water and shall be released immediately. Sturgeon of any size shall not be held out of water suspended by the gills, gill plates, mouth, or solely by the tail, and shall not be dragged across the ground, boat decks, or piers.

(f) Sturgeon fishing report card required: All anglers must have a valid Sturgeon Fishing Report Card in their possession while fishing for white sturgeon. Cardholders must complete and return the card pursuant to this section and Section 1.74.

(g) Reporting requirements for released fish

(1) Whenever the cardholder catches and releases a sturgeon, the cardholder shall immediately record the month, day, location code, length, and species of sturgeon.

(2) If all lines in the “sturgeon released” field of the report card are filled, any additional sturgeon caught and released may be recorded on the back of the card.

(3) If the sturgeon has a department reward disk attached, write the reward disk number in the space provided on the report card.

(h) The annual fee for the Sturgeon Fishing Report Card is specified in Section 701.

(i) Special North Coast District Sturgeon Closure (Humboldt, Del Norte, Trinity and Siskiyou counties). It is unlawful to take any sturgeon in the North Coast District at any time.

(j) Special Sierra and Valley District Sturgeon Closure from January 1 to December 31 (Shasta, Tehama, Butte and Glenn counties).

(1) Sacramento River from Keswick Dam to the Highway 162 Bridge. (A) It is unlawful to take any sturgeon.
(B) It is unlawful to use wire leaders.
(C) It is unlawful to use lamprey or any type of shrimp as bait.

(k) Special Yolo Bypass Flood Control System Sturgeon Closure. It is unlawful to take any sturgeon in the Yolo Bypass, Toe Drain Canal, and Tule Canal upstream of Lisbon Weir at any time.

(l) For regulations on take and possession of sturgeon in ocean waters as defined in Section 27.00, see sections 27.93 and 27.95.

NOTE: Authority cited: Sections 200, 205 ,265, 275, 399, and 2084, Fish and Game Code. Reference: Sections 110, 200, 205, 265, and 2084 Fish and Game Code.