HomeMy WebLinkAboutfg4COMMISSIgNERS
Tm Kellogg, President EDMOND G. BROWN, JR.
Discovery Bay
Richard Rogers, Vice President ~ya~' ~~'•
Morttecito ~= .ti -' '
Michael Sutton, Member
Monterey ~ ~ ••
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Daniel W. Richards, Member
Upland Governor
Jack Baylis, Member
Los Angeles
STATE OF CALIFORNIA
Fish and Game Commission
May 17, 201'1
1416 Ninth Streef
Box 944109
Sacramento, C~[ 94144-2090
{916J 653-4899
{916J 653-5040 Faar
fgc@fgc.ca.gov
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MAY 2 3~~ 20ft
OROVlt.#.E, CAi,IFORNIA
This is to provide you with a copy of the notice of proposed regulatory action relative to
sections 300, 311, and 472, Title 14, California Code of Regulations, relating to upland
game 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
(916] 445-3555, has been designated to respond to questions on the substance of
the proposed regulations.
Sincerely,
-`• Sheri 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 200, 202, 203, 355, 3680 and 3800 of the Fish and Game Code
and to implement, interpret or make specific sections 200, 202, 203, 203.1, 215, 220, 355, 356,
3680, 3801 and 3801.5 of said Code, proposes to amend sections 300, 311 and 472, Title 14,
California Code of Regulations, relating to upland game hunting.
Informative DigestlPolicy Statement Overview
Amend Section 300, Title 14, CCR, Re: Upland Game Birds
Current regulations provide general hunting seasons far taking resident game birds. The
Department is recommending 2 changes, including a range of permit numbers far the 2011
sage-grouse hunting season and changing the regulation for white-winged dove harvest to make
it consistent with proposed changes to Federal regulations.
Existing regulations provide a number of permits for the general sage-grouse season in each of
4 zones. These specific numbers are replaced by a range of numbers for the 2011 season as
listed below. The final number will be proposed in June after spring lek counts are completed
and annual data are analyzed.
Permit ranges for sage-grouse hunting in 2011:
East Lassen: 0-50 {2-bird} permits
Centro[ Lassen: 0-50 (2-bird) permits
North Mono: 0-100(1-bird) permits
South Mono: 0-100 {1-bird) permits
Existing regulations in Section 300 {a}(3)(F)(2) provide for take by falconry and establish a 1 bird
per day, 2 bird per season limit in the North Mono and South Mono zones. This regulation is
inconsistent with subsections 300{a){1)(D){2) and 300 {a)(2}{D)(2) where the bag and
possession limits are 1 per day and 1 per season, in the North Mano and South Mono zones.
Also, minor editorial changes are proposed to clarify and simplify the regulations.
Existing regulations permit white-winged dove harvest in San Bernardino, Riverside and Imperial
counties. A proposal to amend the federal regulations to permit white-winged dove harvest
throughout California and the entire Pacific Flyway has been made by the Pacific Flyway. I#
adopted by the Federal government; federal regulations would permit the harvest of white-
winged doves throughout California. The proposal would make the state regulation consistent
with the Federal regulation.
Additionally, an alternative is provided to consider an early youth-only hunt for chukar and quail
in the Mojave Nationa! Preserve. This proposal from the National Park Service would provide far
a youth-only hunt for chukar and quail for the first Saturday in October extending for two days.
Existing regulations for general quail season in Zone Q3 (balance of the state excluding Zone
Q2) open the quail and chukar se~sans on the third Saturday in October and extends through
the last Sunday in January. `
Amend Section 311, Title,l4, CCR, Re: Methods Authorized for Taking Resident Small
Game
Current regulations provide methods authorized for taking resident small game. Air rifles are
authorized for taking resident small game with a minimum of a D.2D caliber for taking wild
turkeys. This proposal would change regulations to allow a minimum of a 0.177 caliber for
taking wild turkeys.
Amend Section 472, Title 14, CCR, Re: Non-game Animals
Under current regulations (Section 472, Title 14, CCR}, only English sparrow and starling, both
non-native, non-game birds, may be taken at any time of the year and in any number. The Fish
and Game Code (Section 3680} however, provides far the take of domestic pigeon, in addition to
English sparrow and starling (Section 3801).
The proposed regulatory change will improve the consistency of California Code of Regulations,
Title 14, Section 472 wi#h Fish and Game Code (Section 3680} and clearly provide for the take
of domestic pigeons.
NOTICE IS GIVEN that any person interested may present statements, orally or in writing, on all
op#ions relevant #o this action at a hearing to be held at the Lexington Plaza Waterfront Hotel,
110 West Fremont Street, Stockton, California, on Thursday, June 30, 2011, at 8:30 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,
on all actions relevant to this action at a hearing to be held at the State of Cali#ornia, Resources
Agency Building Auditorium, 1416 Ninth Street, Sacramento, California, on Thursday, August 4,
2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. ft is requested, but not
required, that written comments be submitted on or before July 28, 2091, at the address given
below, or by fax at {916} 653-5040, or by a-mail to FGCCe7fac.ca.cfov. Written commen#s mailed,
faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on August 1,
2011. All comments must be received no later than August 4, 2011, at the hearing in
Sacramento, CA. If you would like copies of any modifications to this proposal, please include
your name and mailing address.
The regulations as proposed in strikeou#-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 944209, Sacramento, California 94244-2090, phone (916} 653-4899. Please
direct requests for the above mentioned documen#s and inquiries concerning the regulatory
process to Sheri Tiemann at the preceding address or phone number. Dr. Eric Loft, Chie#,
Wildlife Programs Branch, phone {91B) 445-3535, 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 on the Fish and Game Commission website at
httpa/www.fgc.ca.gov.
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Availabilitv._o# Modified Text
Ifi 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 ofi 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.
I~]act of ReAUlatory Action
The potential far 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 laeen made:
{a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including
the Ability of California Businesses to Compete with Businesses in O#her 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.
There are na economic or business impacts foreseen or associated with the proposed
regulation change.
{b} Impact an 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 or Business:
The agency is not aware of any cost impac#s that a representative private person ar
business would necessarily incur in reasonable compliance with the proposed ac#ion.
(d) Costs or Savings to State Agencies or Cos#slSavings in Federal Funding to the State:
None.
{e) Nondiscretionary Casts/Savings to Local Agencies: None.
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(f) Programs mandated an Local Agencies or School Districts: None.
(g) Costs Imposed on Any Local Agency or School Distric# that is required to be Reimbursed
Under Part 7 (commencing with Section 17500) of Division 4, Government Code: None.
(h) Effect on Housing Casts: 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 for 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
.lon K. Fischer
.Dated: May 10, 2011. Executive Director
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