Loading...
HomeMy WebLinkAbout10-13-11 Dept F&GStatE_of California -The Natural. Resources Agencv EDMUND G. BROWN JR.. Gavernar ~` DEPARTMENT OF FISH AND GAME CNARLTONH. 80NHAM, Direcfor 1416 9'" Street Sacramento, CA 95814 httpalwww_dfg.ca.gov COUNTY OF BUTTE BOARD OF SUPERVISORS 25 COUNTY CENTER DR OROVILLE CA 95965 October 11, 2011 TO AFL INTERSESTED AND AFFECTED PARTIES: BOA#~b pF SUPE#tVISdRS OCT) ~~20)f OROViL~, CALIFORNIA This is to provide you with a copy of the notice of proposed regulatory action relative to Section 602, Title 14, California Code of Regulations, relating to the SHARE Program, which will be published in the California Regulatory Notice Register on October 14, 2011. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Ms. Victoria Barr, SHARE Program Coordinator, Department of Fish and Game, phone (916) 445-4Q34, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, ~~ _~ Craig Stowers Senior Environmental Scientist Conserr~in~ CaCifornia's ~NiCcCCfe Since .l S70 M ~ ~ f~ Title 14. Department of ]Fish and Game Notice published October 14, 201.1 NOTICE OF PROPOSED RULEMAKING The Department of Fish and Game (Department) proposed to adopt the proposed regulations described below after considering all comments, objections, and recoxnmendations regarding the proposed action. PUBLIC HEARING The Department will hold a public hearing starting at 10:00 a.xn. on November 28, 20i 1, in the conference room at 1812 9~i' Street, Sacramento, California 95811. The conference room is wheelchair accessible. At the hearing, any person may present statements or . arguments orally or in writing relevant to the proposed action described in the Informative Digest. The Department requests but does not requixe that the persons who make oral comments at the hearing also submit a written copy of their testi.znony at the hearing. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Department. All written comrents must be received by the Department at this office no later than 5:00 p.m. on November 28, 2011. All written comments must include the true name and mailing address of the commenter. Vi~ritten comments may be submitted by mail, fax, or e-mail, as follows: Department of Fish and Game Wildlife Branch Victoria Barr, SHARE Program Coordinator 1812 9`~' Street Sacramento, CA 95811 Fax: (916) 445-4048 Email: vbarr@dfg.ca.gov AUTHORITY AND REFERENCE Fish and Game Code Section 1572 (b) authorizes the Department to adopt these proposed xegulations. The proposed regulations implement, intezpret, and make specific Sections 1570, 1573, and 1574 of the Fish and Game Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The regulations proposed in this rulemaking action clarifies and makes specific the landowner enrollment process, the public application and permit issuance process, and the general operating conditions for the Shared Habitat Alliance for Recreational- Enhancement (SHARE) program. Fish and Game Cade Sections 1570-1574 also authorizes DFG to: I}enter into contracts with private landowners, nonprofit organizations, governmental entities, or any other entities to provide payment for providing wildlife-dependant recreational activities on their property; 2) establish and impose user fees in an effort to fund the program appropriately; and 3) promulgate regulations to implement the program. Specifically: 1) Section 602(a) defines what constitutes a SHARE program property; 2) Section 602(b) describes the landowner enrollment process; 3) Section 602(c) describes permitted uses allowed on a SIIA.RE property; 4) Section 602(d) places responsibility on the.perrnit holders to follow all state law and regulations governing the permitted activity; 5} Section 602{e and f) describes the public application and permit issuance process; 6) Section 642{g) describes access for law enforcement purposes; S) Section 602(h) describes agreement cancellation. DISCLOSURES REGARDING THE PROPOSED ACTION The department has rrzade the following initial determinations: Mandate on local agencies or school districts: None. Costs or savings to any state agency: None. Cost to any Local agency or school distxict which must be reimbursed in accordance with Government Cade sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Casts or savings in federal funding to the state: None. Significant, statewide adverse economic impact directly affecting business, including the ability of California-businesses to compete with businesses in other states: None. Cast impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Adoption of these z•egulatians will not: (1} create or eliminate jobs within California {2} create new businesses or eliminate existing businesses within California; ar (3) affect the expansion of businesses currently doing business within California Significant effect on housing costs: None. Effect an Small Business It has been detezmirzed that, the adoption of these regulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Govemment Code sections 11342.580 and 11346.2{a)(1). CONSIDERATION OF ALTERNATIVE In accordance with Government Code Section 11346.5, subdivisions (a)(13), the Department must determine that no reasonable alternative it considered 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 this action is proposed or would be as effective and less burdensome to affected private persons that the proposed action. The Department invites interested persons to present statements or arguments with respect to alternatives to the regulations at the scheduled hearing or during the written comment period. COTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed ta: Name: Victoria Barr Address: 1812 Ninth Street Sacramento, CA 95811 Telephone No.: 916-445-4034 Fax No.: 916-445-4048 E-Mail Address: vbarr cr,dfg.ca~a_v The backup contact person is: Name: Craig Stowers Address: 1812 Ninth Street Sacramento, CA 95811 Telephone No.: 916-445-3553 Fax No.: 916-445-4048 E-Mail Address: cstowers(c~dfg.ca.gov V~ebsite Access: Materials regarding this proposal can be found at: www.dfg.ca.~ov/news/pubnotice . Please direct requests for copies of the proposed text {the "express terms") of the regulations, the initial statement of reasons, the modzf ed text of the regulations, if any, or other information upon which the rulemalcing is based to Ms. Barr at the above address. AVAILABILITY OF THE STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Department will have the entire rulemaking file available for inspection and copying throughout the rulerriaking process at its office at the above address. As of the date this notice is published, the rulemalcing file consists of this notice, the proposed text of the regulations, and the initial statement of reasons. Copies maybe obtained by contacting Ms. Barr. AVAILABILITY OF CFL4NGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as described in this notice. ~f the Department makes modifications which are sufficiently related to the originally proposed text, it will make the modified text {with.the changes clearly indicated) available to the public for at Least 15 days before the Department adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Victoria Barr at the address indicated above. The Department will accept written comments on the modified regulations for 1 S days after the date on which the}r are made available. AVAILABLITY OF THE FINAL, STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained'by contacting Ms. Barr at the above address. AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations in underline and strikeout can be accessed through our website at: www.df~.ca. ov/news/ ubnotice .