HomeMy WebLinkAboutF&G Notice - Waterfowl Regulations Commissioners STATE OF CALIFORNIA Mike Yaun,Acting Executive Director
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
McKinleyville Fish and Game Commission www.fgc.ca.gov
Anthony C.Williams,Member
Huntington Beach
Vacant,Member
Vacant,Member
Wildlife Heritage and Conservation0/?01/71
Since 1870
CA/po�/4
February 26, 21016
This is to provide you with a copy of the notice of proposed regulatory action relative to
Amending sections 502 and 507, Title 14, California Code of Regulations, relating to
Waterfowl Regulations for the 2016-2017 season, which are published in the California
Regulatory Notice Register on February 26, 2016.
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.htt ://www._fgc.ca.gov/regulations/2016/index.asp
Ms. Melanie Weaver, Wildlife Branch, phone (916) 445-37'17, has been designated
to respond to questions on the substance of the proposed regulations.
Sinceely,
on D. Snell m
Ass i, Governme tal Program Analyst
Attachment
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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 202 and 355 of the Fish and Game Code
and to implement, interpret or make specific Sections 202, 355 and 356 of said Code,
proposes to amend section 502 and 507, Title 14, California Code of Regulations
(CCR), relating to Waterfowl hunting.
Informative Digest/Policy Statement Overview
Section 502
Current regulations in Section 502, Title 14, California Code of Regulations (CCR),
provide definitions, hunting zone descriptions, season opening and closing dates, and
establish daily bag and possession limits for waterfowl hunting.
The frameworks for the 2016-17 season have been approved by the Flyway Councils
and adopted at the Service Regulation's Committee meeting October 20-21, 2015. The
proposed frameworks allow for a liberal duck season which includes a 107 day season,
7 daily duck limit including 7 mallards but only 2 hen mallards, 2 pintail, 2 canvasback, 2
redheads, and 3 scaup (during an 86 day season). Duck daily bag limits ranges, duck
season lengths ranges and goose season length ranges have been provided to allow
the FGC flexibility. Lastly, Federal regulations require that California's hunting
regulations conform to those of Arizona in the Colorado River Zone and with Oregon in
the North Coast Special Management Area. Based on the frameworks, the Department
of Fish and Wildlife (Department) provides an annual recommendation to the Fish and
Game Commission.
The Department recommendations are as follows:
1. Changes in current subsection 502(d)1 propose to allow hunting on the
Department's Type C wildlife areas and public waters during the late season hunt in
the Northeastern Zone.
2. Changes in current subsection 502(d) propose to increase the total daily bag limit for
geese in the Northeastern, Southern San Joaquin Valley, and the Balance of State
zones from 25 to 30 geese per day; the Southern California Zone total daily bag limit
for geese will increase from 18 to 23 geese per day. The bag limit for white geese
will increase from 15 to 20 per day in the zones referenced.
3. Proposed changes in current subsection 502(d)(5)(D)8 increase the white goose
daily bag limit in the Imperial County Special Management Area from 15 to 20 per
day.
4. Proposed changes in current subsection 502(e) modify the age limit to participate in
the Youth Waterfowl Hunting Days from 15 years of age and under to 17 years of
age and under.
Minor editorial changes are also proposed to clarify and simplify the regulations and to
comply with existing federal frameworks.
Section 507
Current regulations in Section 507(a)(2), Title 14, California Code of Regulations
(CCR), prohibit archery hunters from carrying a firearm while hunting migratory birds.
However, since there is no specific archery only hunt set aside for migratory birds, there
is no reason to think individuals would take a bird with a firearm but pretend it was
taken with archery equipment. Consequently, there is no reason to restrict archers from
carrying firearms when taking migratory birds. The existing regulation also refers to
"crossbows bolts," rather than the proposed "crossbow bolts." This amendment is
intended to correct a grammatical error and is necessary to improve the clarity of the
regulation.
The Department proposes to delete that part of subsection 507(a)(2) prohibiting the
possession of a firearm while archery hunting.
Benefits of the reciulations
The benefit of the proposed regulation is consistency in regulations. Adoption of
scientifically-based criteria for migratory waterfowl provides for the protection and
maintenance of waterfowl populations to ensure their continued existence. The
benefits of the proposed regulations are in sustainable management of the State's
waterfowl resources, the businesses that rely on sport fishing in California and Federal
guidelines.
Consistency with State and Federal 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 502 are neither inconsistent nor incompatible with existing State regulations.
No other State agency has the authority to promulgate waterfowl hunting regulations.
Pursuant to Section 355, Fish and Game Code, the commission may, annually adopt
regulations pertaining to migratory birds to conform with or to further restrict the rules
and regulations prescribed pursuant to the federal Migratory Bird Treaty Act.
NOTICE IS GIVEN that any person interested may present statements, orally or in
writing, relevant to this action at in the Flamingo Conference Resort & Spa, 2777 Fourth
Street, Santa Rosa, CA 95405, California, on Thursday, April 14, 2016, at 8:30 a.m., or
as soon thereafter as the matter may be heard. Written comments may be submitted at
the address given below or by a mail to FGC@fgc.ca.gov. Written comments mailed or
e-mailed to the Commission office must be received before 8;00 a.m. on April 14, 2016.
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If you would like copies of any modifications to this proposal, please include your name
and mailing address.
The regulations as proposed in strikeout-underline format, as well as an initial
statement of reasons, including environmental considerations and all information upon
which the proposal is based (rulemaking file), are on file and available for public review
from the agency representative, Mike Yaun, Acting 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 Mike Yaun or Jon Snellstrom at the
preceding address or phone number. Melanie Weaver, Senior Environmental
Scientist, Waterfowl Program, Department of Fish and Wildlife, phone (916) 445-
3717, has been designated to respond to questions on the substance of the
proposed regulations. Copies of the Initial Statement of Reasons, including the
regulatory language, may be obtained from the address above. Notice of the proposed
action shall beposted on the Fish and Game Commission website at
http://www.fgc.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 final statement of reasons may be obtained
from the address above when it has been received from the agency program staff.
Impact of Regulatory Action/Results of the Economic Impact Analysis
The potential for significant statewide adverse economic impacts that might result from
the 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:
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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.
The proposed regulations are intended to provide additional recreational
opportunity to the public. The response is expected to be minor in nature.
(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, the creation of new business, the elimination of existing businesses or
the expansion of businesses in California. The proposed waterfowl regulations
will set the 2016-17 waterfowl hunting season dates and bag limits within the
federal frameworks. Positive impacts to jobs and/or businesses that provide
services to waterfowl hunters will be realized with the proposed regulations for
the waterfowl hunting season in 2016-17. This is based on a 2011 US Fish and
Wildlife national survey of fishing, hunting, and wildlife associated recreation for
California. The report estimated that migratory bird hunters contributed about
$169,115,000 to businesses in California during the 2011 migratory bird hunting
season. The impacted businesses are generally small businesses employing
few individuals and, like all small businesses, are subject to failure for a variety of
causes. Additionally, the long-term intent of the proposed regulations is to
sustainably manage waterfowl populations, and consequently, the long-term
viability of these same small businesses.
The Commission anticipates benefits to the health and welfare of California
residents. 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 State's
environment by the sustainable management of California's waterfowl resources.
The Commission does not anticipate any impacts to worker safety because the
proposed amendments will not affect working conditions.
(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.
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(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).
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
Mike Yaun
Dated: February 16, 2016 Acting Executive Director
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