HomeMy WebLinkAbout6-17-13 Notice of Proposed Rulemaking Received from the DepartmQ~~~~+~~'.~^~{~~
TITLE 14. DEPARTMENT OF FISH AND WILDLIFE JUN ~ ~ ~,
[Notice published June 14, 2013]
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NOTICE OF PROPOSED RULEMAKING
NOTICE IS HEREBY GIVEN that the Department of Fish and Wildlife {Department)
proposes to adopt the regulations described below after considering all comments,
objections, and recommendations regarding 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.
PUBLIC HEARING
The Department will hold a public hearing meeting on Juiy 30, 2013, from 1:30-3:30
p.m., at the Resources Building located at 1416 9t~' Street, Sacramento, California, in
the first floor auditorium. The auditorium is wheelchair accessible. At the public
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 require, that the persons who make oral comments at the hearing also submit
a written copy of their testimony 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. A!I written
comments must be received by the Department at the office below not later than 5:00
p.m. on July 30, 20'13. All written comments must include the true name and mailing
address of the commenter.
Written comments may be submitted by mail, fax, or a-mail as follows:
Department of Fish and Wildlife
Mike Randall
1416 9th Street, Room 1208
Sacramento, CA 95814
Fax: (916) 653-9890
E-mail: mike.randall wildlife.ca. ov
AUTHORITY
Fish and Game Code sections 395, 396, 713, 1002, 1050, 1053, 211$, 2120, 2122,
2150, 2150.2 and 2157 authorize the Department to adopt these proposed regulations.
REFERENCE
The proposed regulations implement, interpret, and make specific sections 355, 356,
395, 396, 39$, 713, 105Q, 1053, 2116, 2116.5, 2117, 2118, 2120, 2125, 2150, 2150.2,
2150.4, 2151, 2157, 2190, 2193, 2271, 3005.5, 3007, 3031, 3503, 3503..5, 3511, 3513,
3950, 10500, 120D0 and 12002 of the Fish and Game Code.
Title 50, Code of Federal Regulations, Parts 21.29 and 21,.30.
INFORMATIVE I]IGESTIPOLICY STATEMENT OVERVIEW
Background:.
The Department of Fish and Wildlife {Department) and the Fish and Game Commission
(Commission} are in the process of promulgating new regulations for the practice of
falconry in California. In order to comply with federal requirements, the Commission
adopted new regulations for the practice of falconry in the state on March 6, 2013, in
Section 670, Title 14, CCR. The regulations currently proposed by the Department in
Section 703 provide for the establishment of falconry fees and forms in accordance with
the new provisions of Section 670. The effective date for the new regulations in both
sections 670 and 703 is January 1, 2014.
The actions proposed will allow the Department to recover its costs for licensing,
permitting and inspection activities associated with the practice of falconry in California.
The action will increase the workload and costs to the Department; however these costs
will be borne by the permit holders. Pursuant to sections 1050 and 2150.2 of the Fish
and Game Code, the Department has set forth in Section 703-fees for permits, permit
applications and facility inspections in amounts sufficient to cover the costs of
administering, implementing, and enforcing the falconry regulations in Section 670.
Additionally, in accordance with Section 700.4, Title 14, CCR, all Licenses, tags, permits,
reservations or other entitlements purchased via the Automated License Data System
(ALDS) shall be subject to a three percent nonrefundable application fee, not to exceed
seven dollars and fifty cents {$7.50} per item, to pay the Department's costs for issuing
that license, .tag,. permit, reservation oc other entitlement.- The total cost including -ALDS
will appear on the relevant form.
Proposed Amendments To Sectiion 703:
The Department is proposing to amend Section 703, Title 14, CCR, by adding a new
subsection 703(b)(1) to provide falconry fees, forms and permits, in accordance with
Section 670 which establishes a State falconry permitting program. The effective date
for the new regulations in Section 703 is January 1, 2014 simultaneous with Section
670. The proposed regulatory changes are needed to allow the Department to recover
its costs in implementing a falconry program in California.
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The following is a summary of the fees proposed in Section 703(b){1 }:
743{b {1)[A) 2013-2414 Falconry Fees New Fee {Eff. 111114)
1. License A lication $ 13.75
2. Examination $ 50.00
3. Inspection Fee for 1 to 5 enclosures
Each enclosure over 5 $ 259.00
$ 12.75
4. Re-ins ectian $ 215.00
5. Data Ent of Federal Form 3-186A $ 12.75
6. S ecial Ra for Ca tore Drawin A lication $ 7.50
7. S ecial Ra for Ca tore Permit $ 12.75
8. Nonresident Falconer Ra for Ca tore Permit $ 319.00
The forms are proposed to be incorporated by reference in Section 703(b){1):
743{b} 1 Forms New Form date)
B Falcon License Renewal Application FG 360 (New 2113
C New Falcan License A lication FG 360b New 2113
D A rentice Falconer's Annual Pro ress Re ort FG 360c New 2113
E) Ra for Facilities and Falcan E ui ment Ins ection Report FG 360d New 2113
(F} Resident Falconer Raptor Capture Recapture and Release
Report FG 360f (New 2113}
G Falcon Huntin Take Re ort FG 360h New 2113
H Special Ra for Ca tore Drawin Application FG 360i (New 2113)
I Nonresident Falconer A lication for Ra for Ca tore Permit FG 361 New 2113
J Nonresident Falconer Raptor Ca tore Permit and Re ort FG 361a New 2113)
Benefits of the proposed regulation:
Regulations for the practice of falconry in California are contained in Title 14, CCR,
Section 670 Under these regulations, the Department issues licenses and permits,
inspects facilities, and monitors falconry activities. The new provisions of Section 703
se# forth the necessary fees and forms in accordance with Section 670. The benefits of
the proposed regulations are concurrence with Federak law, and sustainable
management of the State's- raptor populations while continuing to provide recreational
opportunity. Fees proposed under Section 703 will ensure that adequate funding is
availabke for the Department to continue issuing licenses, inspecting falconry facilities,
and monitoring the capture and disposition of wild raptors for the practice of falconry.
Consistency with existing regulations:
The Fish and Game Commission adopted new regulations for falconry on March 6,
2013, in Section 670, Title 14, CCR, The new regulations were developed to meet
federal requirements of the U.S. Fish and Wildlife Service as outlined in 50 CFR 21.29
and 21.30. The Department conducted a search of the CCR and the proposed
regulations are neither inconsistent nor incompatible with existing State regulations
related to the practice of falconry. The proposed regulations are compatible with
existing federal falconry regulations.
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DISCLOSURES REGARDING THE PROPOSED ACTION:
Mandate on local agencies or school districts: None
Costs or savings to any state agency: The fees established by the Department are
in an amount sufficient to recover all reasonable adminis#rative and implementation
costs relating to the falconry program.
Cost to any local agency or school district which must be reimbursed in
accordance with Government Code sections '17500 through 17630: None
Other nondiscretionary costs or savings imposed on local agencies: None
Costs or savings in federal funding to the state: There are no related costs or
savings in Federal Funding to the State.
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 affect a relatively small number of individuals engaged in the
practice of falconry in California, primarily for recreation. The Department anticipa#es
that the proposed regulations will affect very few, if any, businesses that .rely an raptors.
Therefore the proposed action will nat have a significant statewide adverse economic
impact directly affecting business, including the ability of California businesses to
compete with businesses in other states.. Considering the small number of permits
issued over the entire state, this proposal is economically neutral to business.
Effect on small business: The Department concludes thafithe proposed regulations
are unlikely to affect small business. The proposed action will affect a relatively small
number of individuals engaged in the practice of falconry in California, primarily for
recreation. The Department anticipates that the proposed regulations will affect very
few,. if any, businesses that rely on raptors.
Cost impacts on a representative private person or business: There will be cos#s
to private persons (e.g. falconers) who are among the 575 current licensees, and new
applicants, who must comply with this proposed regulation. However, generally., the
new fees are not charged annually but are charged one-time dependent on the service
extended by the state. Those one time fees, lis#ed as 1-3, are: initial License
Applica#ion, $13.75; Examination, $50.00; and initial Inspection, $259.00 (and $12.75
for addition enclosures); totaling $322.75. The re-inspection fee, 4, is only charged
when there is a failed inspection. The other fees, listed as 5-8, are charged based on
the falconer's request for the service.
The fees established by the Department are in an amount sufficient to recover all
reasonable administrative and implementation costs relating to the falconry program.
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Significant effect on housing costs: None
RESULTS OF THE ECONOMIC IMPACT ANALYSIS
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:
The Department does not anticipate any impacts on the creation or elimination of jobs,
the creation of new business, the elimination of existing businesses, the expansion of
businesses in California, or benefits to worker safety.
Benefits of the regulation to the health and welfare of California residents, and
the state's environment:
The Department expects that the proposed regulations concerning falconry fees and
permits will provide non-monetary benefits to the environment and to the health and
welfare of California residents l7y improving the monitoring and reporting of raptor
captures and the take of wildlife under a falconry permit. It is the- policy of this state to
encourage the conservation, maintenance, and utilization of existing raptor populations
for their ecological values and for their use and enjoyment by the public. Adoption of a
self-supporting falconry program in California, including raptor species harvest quotas
and inspection of raptor housing facilities, supports preservation of sustainable raptor
populations for their continued existence in California.
The Department does not anticipate benefits to worker safety, the prevention of
discrimination, the promotion of fairness and social equity, or to the increase in
openness and #ransparency in business and government.
CONSIDERATION OF ALTERNATIVES:
The intent of the proposed regulation is to implement new Department fees and forms in
accordance with the Commission's newly adopted falconry regulations in Section 670.
The Department must determine that no reasonable .alternative it considered or that has
otherwise been identified and brought to its attention would be more effective in carrying
out the purpose for which the action is proposed, would be as 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 provision of law.
MITIGATION MEASURES REQUIRED BY REGULATORY ACTION:
The proposed regulatory action will have no negative impact on the environment;
therefore, no mitigation measures are needed.
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BOIARQ OF SUFERIl190RS
CONTACT PERSONS SUN ~ ~ 2013
Mike Randall
1416 9t" Street
Sacramento, CA 95814
The backup contact person is:
Craig Martz
1416 9t" Street
Sacramento, CA 95814
Telephone: {916) 653-4678
Fax: {916) 653-9$90
E-mail: mike.randall wildlife.ca. ov
Telephone: {916) 653-4674
Fax: (916) 653-9890
E-mail: crai .martz wildlife.ca. ov
AVAILABILITY OF THE INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED
REGULATIONS, AND RULEMAKING FILE:
The Department will have the entire rulemaking file available for inspection and copying
at its office, at 1416 9{" Street, Sacramento. As of the date this notice is published, the
rulemaking file consists of this notice,. the proposed text of the regulations, the proposed
Falconry Forms, the Economic lmpact Analysis, the Economic and Fiscal Impact
Assessment (STD. Farm 399) and the Initial Statement of Reasons. Please direct
requests for copies of the rulemaking file to Mike Randall as indicated above.
AVAILABILITY OF DOCUMENTS ON THE INTERNET:
Website Access: The entire rulemaking file can be found at:
www.df_.q ca.govlnewslp~abnotice
AVAILABILITY OF CHANGED 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. If 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 adapts the
regulations as revised. Please send requests for copies of any. modified regulations. to
the attention of Mike Randall as .indicated above. The Department will-accept written
comments on the modified regulations for 15 days after the date on which they are
made available.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS:
Upon its completion, copies of the Final Statement of Reasons- may be obtained by
contacting Mike Randall as indicated above.
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