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HomeMy WebLinkAboutfg1COMMISSIOR'ERS JiEn Kellogg, Fresident Discovery Bay Richard Rogers, Vice President Montecito Michael Suf#ou, Member Monterey Daniel W. Richards, Member Upland Jack Sayiis, Member Los Angeles EDMOND G. BROWN, JR. '~~ .~ x' ~~" ~, ~y~~,. Governor l4I4 Nrnrh Street Box 444209 5ncramerrlo, CA 94244-2090 (914J 653-~&99 (9! 6J b53-5040 Far fgc@fgc.ca.gov STATi= OF CALIFORNIA Fish and Game Commission May 17, 2011 $dARD p~ 51JPEit1/ISQRS MAY ~ ~'~~if DRDVfLLE, CALfFDf~Nlq This is to provide you with a copy of the notice of proposed regulatory action relative to Section 502, Title 14, California Code of Regulations, relating to waterfowl hunting, which will be published in the California Regulatory Notice Register on May 20, 2011. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Dr. Eric Loft, Chief, Wildlife Branch, Department of Fish and Game, phone (91fi) 445-3555, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, heri Tiemann Staff Services 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 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, Title 14, California Code of Regulations, relating to waterfowl hunting. informative DigestlPolicy Statement Over~+iew 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. In addition to the five proposals contained herein, the U.S. Fish and Wildlife Service {Service), after analysis of waterfowl population survey and other data, may change federal regulations; if this occurs, changes in existing and proposed regulations in California maybe necessary. Changes in federa! regulations for season opening and closing dates, elimination or creation of special management areas, season length, and daily bag limits far migratory birds may occur. Items 1, 2, and 4 require changes in the federal regulations and must be approved by the Pacific Flyway Council at its meeting on July 21, 2011. Item 5 (including the table below) provide a proposed range of season dates and bag limits for waterfowl. The Service will consider recommendations from the Flyway Council at their meeting on July 28, 2011. At this time, the California Waterfowl Breeding Population Survey has not been conducted and the Service has no# established federal regulation "frameworks" which will occur in August after the analysis of current waterfowl population survey, other data, input from the Flyway Councils and the public. Also, .minor editorial changes are proposed #o clarify and simplify the regulations and to comply with existing federal frameworks. The Department's proposals are as follows: 1. Remorie the restriction on the Small Canada goose daily bag limit in the Northeastern Zone. 2. Increase the white-fronted and white goose season length to 105 days in the Balance of State Zone and split the season into two segments. 3. Increase the white-fronted goose daily bag limit to 6 geese per day in the Northeastern, Southern San Joaquin Valley, and Balance of State zones. 4. Extend the white-fronted goose season length in the Sacramento Valley Special Management area by 7 days. 5. Provide a range of waterfowl hunting season lengths {which may be split into two segments) between 38 and 107 days (including 2 youth waterfowl hunt days) for all hunting methods. A range of daily bag limits is also given for ducks in all zones. Federal regulations require that California's hunting regulations conform to those of Arizona in the Colorado River Zone. See table below for season and bag limit ranges. Summary of Proposed Waterfowl Hunting Regulations AREA SPECIES SEASONS DAILY BAG 8 POSSESSION LIMITS Statewide Coots & Moorhens Concurrent wlduck season 251da . 25 in ossession Northeastern Zone Ducks Between 38 & '! 05 days 4-7/day, which may include: 3-7 mallards Season may be split far Ducks, d Pmtaft but no more than 1-2 females, Pintail, Canvasback an Scaup. Ganvasback Between 0 & 105 days 0-3 pintail, 0-3 canvasback, 0-2 redheads, 0-7 Scaup Scaup. Possession limit double the Bail ba . 81 day, which may include: 6 white geese, 6 Geese 100 days dark-geese no mare than 4-6 white-fronts, 2 Large Canada geese,1-6 Smolt Canada goose. Possession limit double the dal ba . Southern San Joaquin Ducks Between 38 & 105 days 47/day, which may include: 3-7 mallards Vattey Zone Pintail no more than 1-2 females, Season maybe split forDUCks, Canvasback Between 0 & 105 da s y 0-3 pintait, 0-3 canvasback, 0-2 redheads, 0-7 Pintail, Canvasback and Scaup. Scaup SCaUp. Possession limit double the Bail ba . 8/day, which may include: 6 white geese, 6 Geese 10p days darts geese no more than 4-6 white-fronted geese. Possession limit double the dal ba . Colorado Rlver Zone ^ucks Between 38 8 105 days 47/day, which may include: 3-7 mallards no Pintail more than 1-2 hen mallards or Mexican-like Canvasback Between 0 ~ 105 days ducks, 0-3 pintail, 0-3 canvasback, 0-2 redheads, 0-7 Scaup. Possession limit Bauble Scaup the dal ba . Geese Between 101 & 105 days 61 day, up to 6 white geese, up to 3 darts geese. . Possession limit double the Bail ba . Southern California Zone Ducks Between 38 & 105 days 47/day, which may include: 3-7 mallards Season may be split farDucks, na more than 1-2 ferrates, Pintail, Ganvasback and Scau . P Pintail 0-3 pintail, 0-3 canvasback, 0-2 redheads, Canvasback Beiween 0 & 105 days 0-7 Scaup. Scaup Possession limit double the Bail ba . Geese 100 days 81day, up to 6 white geese, up to 3 dark geese. Possession Limit double the Bail ba . Balance of State Zone Ducks Between 38 & 105 days 471day,which may include: 3-7 mallards Season maybe split for Ducks, Pintail no mare than 1-2 females, Pintail, Canvasback, Scaup and Dart[ and tNhite Geese_ Ganvasback Between 0 & 105 days 0-3 pintait, 0-3 canvasback, 0-2 redheads, 0-7 Scaup Scaup Possession limit double the dal! ba . 900-105 days 81 day, which may include: 6 white geese, Geese (Large Canada geese 105 6 dark geese no more than 46 white-fronted days) geese. Possession limit double the dal ba . . a. ... SPECIAL AREA SPECIES SEASON DAILY BACy 8 POSSESSION LIMITS 105 days except for Large Nor#h Coast All Canada Geese Ganada geese which can not exceed 100 days or extend 61day, only 3 may be a Large Ganada goose. season may be split beyond the last Sunday in Passessian limit double: the daily bag. Janua Humboldt Ba South S it All s ecies Closed Burin brant season Open concurrently with general Sacramento Valley White-fronted geese goose season through Dec f4 21day. Possession limit double the daily bag. 21 Morro Bay All species Open in designated areas only Waterfowl season opens concurrently with brantseason. Mortis Creek Lake All species Closed until Nav 16 Northern Brant Black Brant From Nov 7 far 30 days 2/day. Passessian limit double the daily bag. Balance of State Brant Black Brant From the second Saturday in November for 30 da s 21day. Possession limit double the daily hag. Imperial Couniy Season ma be s lit White Geese 902 days 61day. Possession limit double the daily bag. YOUTH WATERFOWL HUNTING DAYS SPECIES SEASON DAILY BAG & POSSESSION LIMITS The Saturday fourteen days Northeastern Zone before the opening of waterfowl season ex#endin for 2 da s. Southern San Joaquin The Saturday fallowing the Valley Zane closing of watertowl season extendin for 2 da s. Same as regular The Saturday following the Same as regular season Southern California Zane season closing of waterfowl season extendin for 2 da s. The Saturday following the Colorado River Zone closing far waterfowl season exlendin for 2 da s. The Saturday following the Balance of State Zone closing of watertowl season ' extendin far 2 da s. FALCONRY OF DUCKS SPECIES SEASON DAILY BAG & POSSESSION LIMITS Northeastern Zane Between 38 and 105 da s Balance of State Zone Between 38 and 907 da s Same as regular Southern San Joaquin Valle Zone season Between 38 and 907 da s Y 31 day, possession limit 6 Southern California Zone Between 38 and 107 da s Colorado River Zane Ducks only Between 38 and 107 days NOTICE IS GIVEN that any person interested may present statements, orally or in writing, an all options relevant to this action at a hearing to be held at the Lexington Plaza Waterfront Hotel, 110 West Fremont Street, Stockton, California, on Thursday, June 3a, 2011, at 8:3a a.m., or as soon thereafter as the matter may be heard. NOTICE 1S ALSO GIVEN that any person interested may present statements, orally or in writing, an all actions relevant to this action at a hearing to be held at the State of California, Resources Agency Building Auditorium, 1416 Ninth Street, Sacramento, California, on Thursday, August 4, 2a11 at 8:30 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 July 28, 2011, at the address given below, or by fax at {916) 653-5040, ar by a-mail to FGCCa~fgc.ca.ctov. Written comments mailed, faxed or e-mailed to the Commission ofFce, must be received before 5:00 p.m. on August 1, 2011. Ail comments must be received no later than August 4, 2091, at the hearing in Sacramen#o, CA. 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, Jon K. Fischer, Acting Executive Director, Fish and Game Commission, 1416 Ninth Street; Box 9442x9, Sacramento, California 94244-2x90, phone (916) 653-4899. Please direct requests for the above mentioned documents and inquiries concerning the regulatory process to Sheri Tiemann at the preceding address or phone number. Dr. Eric Loft, Chief, Wildlife Programs Branch, phone (916) 445-3555, 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. be posted an the Fish and Game Commission website at httpalwww.fgc. ca. gov. 3 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 leas# 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 0# the Fish and Game Code. Regulations adapted 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 da#e 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 Re~ulatory Action 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: 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: None. (c) Cast Impacts on a Representative Private Person ar 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. (d) Casts or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None. (e) Nondiscretionary CostslSavings to Local Agencies: None. (f) Programs mandated on Local Agencies or School Districts: None. 4 (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 Cade: 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. 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 far which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action. FISH AND GAME COMMISSION Jon K. Fischer Dated: May 10, 2011 Executive Director 5