HomeMy WebLinkAboutF&G - Notice of Proposed Changes in Regulations RE Upland Game Bird MAR 0 5 2018
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Commissioners STATE of CALIFORNIA Valerie Termini,
Eric Sklar,President Edmund G.Brown Jr.,Governor 1416 Ninth Street,Room 1320
Saint Helena Sacramento,CA 95814
Jacque Hostler-Carmesin,Vice President (916)653-4899
McKlnleyville Fish and Game Commission fgc@fgc.ca.gov
Anthony C.Williams,Member www.fgc.ca.gov
Huntington Beach
Russell E.Burns,Member
Napa
Peter S.Silva,Member
Jamul
Wildlife Heritage and Conservation
Since 9870
March 2, 2018
This is to provide you with a copy of the notice of proposed regulatory action relative to
amending subsection 300(a)(1)(D)4., Title 14, California Code of Regulations, relating to
upland (resident) game bird — annual regulations, which is published in the California
Regulatory Notice Register on March 2, 2018.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Additional information and all'associated documents may be found on the Fish and
Game Commission website at.hftp://www.fgc.ca.gov/regulations/ .
Scott Gardner, Senior Environmental Scientist, Department of Fish and Wildlife at
(916) 841-6257, has been designated to respond to questions on the substance of
the proposed regulations.
Sincerel ,
Snell trcm
Associate G vernmental Program Analyst
Attachment
TITLE 14. Fish and Game Commission
Notice of Proposed Changes in Regulations
NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to
the authority vested by Sections 200, 203, 265 and 355 of the Fish and Game Code and to
implement, interpret or make specific sections 200, 203, 203.1, 265, 270, 355 and 356 of said
Code, proposes to amend subsection (a)(1)(D)4. of Section 300, Title 14, California Code of
Regulations, relating to Resident Upland Game Bird Hunting Regulations.
Informative Digest/Policy Digest/PolicyStatement Overview
Current regulations in Section 300, Title 14, California Code of Regulations (CCR), provide
general hunting seasons for taking resident and migratory upland game birds, including sage
grouse. A limited number of hunting permits are issued for greater sage grouse, and that
number is based on annual population surveys. For the 2018-2019 season, the Department of
Fish and Wildlife (Department) will present the Commission a final recommendation for permits
based on the spring 2018 lek counts, which means the Commission will notice a possible range,
and adopt final permit numbers based on the final lek counts.
The Department is recommending the following regulation changes:
Amend subsection 300(a)(1)(D)4. to adjust the annual number of General Season greater
sage grouse hunting permits by zone for the 2018-2019 season.
Non-monetary Benefits to the Public
The Commission anticipates benefits to the health and welfare of California residents through
the sustainable management of sage grouse populations. The Commission does not anticipate
non-monetary benefits to worker safety, the prevention of discrimination, the promotion of
fairness or social equity and the increase in openness and transparency in business and
government.
Consistency and Compatibility with_Existing Regulations
The Commission has reviewed its regulations in Title 14, CCR, and conducted a search of other
regulations on this topic and has concluded that the proposed amendments to Section 300 are
neither inconsistent nor incompatible with existing State regulations. No other State agency has
the authority to promulgate hunting regulations.
Benefits of the regulations
Adoption of sustainable upland game seasons, bag and possession limits, and authorized
methods of take provides for the maintenance of sufficient populations of upland game birds to
ensure their continued existence.
Consistenc and Compatibility with State Regulations
The Fish and Game Commission, pursuant to Fish and Game Code Sections 200, 203 and 265
has the sole authority to regulate hunting in California. Commission staff has searched the
California Code of Regulations and has found no other agency with the authority to regulate
resident and upland game bird hunting in California. Therefore the Commission has determined
that the proposed amendments are neither inconsistent nor incompatible with existing State
regulations.
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, Four Points by Sheraton Ventura Harbor
Resort, 1050 Schooner Drive, Ventura, California, on Thursday, April 19, 2018 at 8:00 a.m., or
as soon thereafter as the matter may be heard.
NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in
writing, relevant to this action at a hearing to be held in Resources Building, Auditorium, First
Floor, 1416 Ninth Street Sacramento California, on Thursday, June 21, 2018, at 8:00 a.m., or as
soon thereafter as the matter may be heard. It is requested, but not required, that written
comments be submitted on or before 5 p.m. on June 7, 2018 at the address given below, or by
email to FGCfgc.ca.gov. Written comments mailed, or emailed to the Commission office, must
be received before 12:00 noon on June 15, 2018. All comments must be received no later than
June 21, 2018, at the hearing in Sacramento, California. Mailed comments should be addressed
to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244-2090. If you would like
copies of any modifications to this proposal, please include your name and mailing address.
Availability of Documents
The Initial Statement of Reasons, text of the regulations, 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 representative, Valerie Termini, 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 regulatory
process to Valerie Termini or Jon Snelistrom at the preceding address or phone number. Scott
Gardner, Senior Environmental Scientist, (976) 801-6257, has been designated to respond to
questions on the substance of the proposed Waterfowl hunting regulations. Copies of the Notice
of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline
and strikeout can be accessed through our website at hftp://www.fqc.ca.-gov.
Availability 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 regulation '
adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be
responsive to public recommendation and comments during the regulatory process may
preclude full compliance with the 15-day comment period, and the Commission will exercise its
powers under Section 202 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
prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Code. Any person
interested 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_f nal statement_of_reasons._may_beobtained_from the . .
address above when it has been received from the agency program staff.
Impact of Regulatory Action/Results.of the Economic Impact Assessment
The potential for significant statewide adverse economic impacts that might result from the
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proposed regulatory action has been assessed, and the following initial determinations relative
to the required statutory categories have been made:
(a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, 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, because the regulations propose only minor changes not
affecting business.
(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 impacts on the creation or elimination of jobs or
businesses in California or on the expansion of businesses in California; and, does not
anticipate benefits to worker safety, because the regulations propose only minor changes
not affecting jobs.
The Commission anticipates benefits to the health and welfare of California residents. The
proposed regulations are intended to provide continued recreational opportunity to the
public. Hunting provides opportunities for multi-generational family activities and promotes
respect for California's environment by the future stewards of the State's resources.
The Commission anticipates benefits to the environment by the sustainable management
of California's upland game resources. The fees that hunters pay for licenses and stamps
are used for conservation.
(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 regulations 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).
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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.
FISH AND GAME COMMISSION
Valerie Termini
Dated: February 20, 2018 Executive Director
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