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HomeMy WebLinkAboutfish & gameCOMiMiSSIOIVERS Jim Kellogg, President Discovery Bay Richard Rogers, Vice President Montecito M1'iichael Sutton, Member Monterey Daniel W. Richards, Member Upland Jack Baytis, Member Los Angeles )Ebi410ND G. BROWN, JR. ,jlh f •F1~- ~,~ .~ Governor STATE OF CALIFORTf1A Fish and Game Commission 1416 Ninth Street Box 944~r79 Srncramento. CA 44244-2090 (914J b~3-4849 (4lbJ bi3-St740 Fax fgc@fgc.ca.gov ~~~~s pROVILL~.i •CALI~ORNIA February 18, 2011 This is to provide you with a copy of the notices of proposed regulatory action relating to Central Valley sport fishing, Klamath River sport fshing, ocean salmon sport fishing, mammal hunting, and Southeast Farallon Island Special Closure, which will be published in the California Regulatory Notice Register on February 18, 2011. The notices are separated by colored sheets in this packet. Please refer to the individual notices for more information. Sincerely, ~'" _ ~v ~_i2/1'U~wn~ Sherrie Fonbuena Associate Governmental Program Analyst Attachments COMMISSIONERS Jim Kellogg, President EI?MOND G. BROWN, JR. Discovery Bay Richard Rogers, Vice President ~y~?`V `~ Mantecito a; Michael Sutton, Member Monterey , °se .~~`" Ilaaiel W. Richards, Member Upland Governor Jack Baylis, Member Las Angeles STATE OF CALIFORNIA Fish and Game Commission February 18, 201'1 1416 Nrnih Slreei Box 944209 Sacramento, CA 94.244-2090 (916J 653-4899 (916J 653-5040 Far fgc@fgc.ca.gov This is to provide you with a copy of the notice of proposed regulatory action relative to sections 7.00 and 7.50, Title 14, California Code of Regulations, relating to Central Valley sport fishing, which will be published in the California Regulatory Notice Register on February 18, 2091. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Mr. Stafford Lehr, Chief, Fisheries Branch, Department of Fish and Game, phone (916) 327-8$40, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, Sherrie Fonbuena Associate Governmental 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, 202, 2D5, 215, 220, 240, 315 and 316.5 of the Fish and Game Code and to implement, interpret or make specific sections 200, 202, 245, 206, 215 and 316.5, of said Code, proposes to amend sections 7.D0 and 7.50, Title 14, California Code of Regulations, relating to Central Valley salmon sport fishing regulations. Informative Di estlPotic Statement Overview The Pacific Fishery Management Council {PFMC) will develop the annual Pacific coast ocean salmon fisheries regulatory options far public review at their March 10, 2011 meeting and develop the final PFMC regulatory recommendations to the National Marine Fisheries Service at their April 14, 2011 meeting. Although there are na PFMC regulatory options to review at this time, there exists a possibility of continued ocean water closures off California due to low Chinook salmon returns to the Central Valley River System in 2010. These ocean closures may result in PFMC recommendations far Central Valley salmon fishery closures. The Department is proposing a range of varied salmon season dates in the American, Feather and Sacramento rivers to encompass possible PFMC 2011 recommendations for Centro! Valley salmon stocks in mid-April. The scope of this option is intentionally broad to increase flexibility for development of the final Central Valley salmon seasons. Further Commission actions affecting the Central Valley salmon sport fishery may be developed after the annual PFMC reports, Review of 2090 Ocean Salmon Fisheries and Preseason Report !Stock Abundance Analysis for 249 9 Ocean Salmon Fisheries, are available in late February 2011. ' Present Regulations The current regulations allow for no salmon fishing in all anadromous Central Valley rivers and streams except for the following short fishing seasons to achieve the 2010 PFMC harvest target of 8,200 Sacramento River Fall Chinook and allow continuance of the Central Valley Late-Fall Chinook fishery. 1) The American River downstream of the southwest boundary of Ancil Hoffman Park [subsection 7.54(b){5}], was open to salmon fishing from October 30 to November 28 with a bag limit of 2 Chinook salmon and existing trout and steelhead bag limits. 2} The Feather River downstream of 1004 feet below the Thermalita Afterbay Outfall (subsection 7.54(b}(68)], was open to salmon fishing from July 31 to August 29 with a bag limit of 2 Chinook salmon and existing trout and steelhead bag limits. 3) The Sacramento River, subsection 7.50(b)(156) was open to salmon fishing as follows; a. between Deschutes Road bridge and Red Bluff Diversion Dam from October 9 to October 31 with a bag limit of 2 Chinook salmon and existing trout and steelhead bag limits [Subsection (H)]; b. between Sycamore Boat Ramp and Highway 113 bridge from October 9 to December 12 with a bag limit of 2 Chinook salmon and existing trout and steelhead bag limits [Subsection {J)]; and c. between Highway 113 bridge and Carquinez bridge from September 4 to October 3 with a bag limit of 2 Chinook salmon and existing trout and steelhead bag limits [Subsection (K)]. Proposed Regulations The range of varied season dates for the American, l=eather and Sacramento rivers are proposed to cover the passible PFMC recommendations for the Commission's fins! action and other associated items are shown below: American River subsection 7.50 b 5 1) Subsection (D) is proposed to be split into two subsections. Subsection (D} will apply to the American River from the SMUD power line crossing at the southwest boundary of Ancil Hoffman Park to the Jibboom Street Bridge. New subsection {E} will apply to the American River from the Jibboom Street Bridge to the mouth. 2) The American River from Nimbus Dam to the mouth [subsections {A} through {E}] will remain closed to salmon fishing from January 1 to July 15 with existing trout and steelhead limits. 3} The American River from Nimbus Dam to Hazel Avenue Bridge [subsection {A)]; from the SMUD power line crossing at the southwest boundary of Ancil Hoffman Park to the Jibboom Street Bridge [subsection {D)]; and from the Jibboom Street Bridge to the mouth [subsection (E)]. a. The proposal is a range of varied dates between July 16 and December 31 to be open to salmon fshing with existing trout and steelhead bag limits. 4) The American River from Hazel Avenue Bridge to the USGS gauging station cable crossing near Nimbus Hatchery [subsection (B}]. a. The proposal is a range of varied dates between July 16 and September 14 to be open to salmon fishing with existing trout and steelhead bag limits. 5) The American River from the USGS gauging station cable crossing near Nimbus Hatchery to the SMUD power line crossing the southwest boundary of Ancil Hoffman Park [subsection (C}]. a. The proposal is a range of varied dates between July 16 and October 31 to be open to salmon fishing with existing trout and steelhead bag limits. Feather River subsection 7.50 b 68 1) There are no proposed changes for the Feather River between Fish Barrier Dam to 1000 feet below the Thermalito Afterbay Outfall [subsections (A) through (C)]. 2) The Feather River from 1,000 feet below the Thermalito Afterbay Outfall to the mouth [subsection (D)]. a. This segment of the Feather River will remain closed to salmon fishing from January 1 to July 15 with existing trout and steelhead limits. b. The proposal is a range of varied dates between July 16 and December 31 to be open to salmon fishing with existing trout and steelhead bag limits. 3) Aline delineating the regulatory boundary at the Feather River mouth is proposed to be added to subsection (D}. 2 Sacramento River above Keswick Dam subsection 7.50 b 156 1 } Subsection 7.50(b)(156) is proposed to be split into two subsections to separate the non- anadromous sections of the Sacramento River (upstream of Keswick Dam) from the anadromous sections (downstream of Keswick Dam): 2} Subsections {A) through (E) which apply only to non-anadromous salmonid regulations above Keswick Dam will remain in subsection (156). 3) There are no other proposed changes for subsections (A) through (E). 4) Subsections (F) through (K} are proposed to be moved to new subsection 7.50(b)(156.5). Sacramento River below Keswick Dam subsection 7.50 b 156.5 1) Subsections (A} through (F) will keep the same area structure of subsections (F) through {K} of Section 7.50(b)(156). 2} The Sacramento River from Keswick Dam to the Carquinez Bridge [subsections (A) through (F}] will remain closed to salmon fshing from January 1 to July 15 with existing trout and steelhead limits. 3} A range of varied dates between July 16 and December 31 is proposed for the Sacramento River from Keswick Dam to the Carquinez Bridge [subsections (A) through (1=)] to be open to salmon fishing with existing trout and steelhead bag limits. Associated Items 1} The Sacramento River note in the Sierra District regulations, subsection 7.00(b)(1}, will be revised to include the new subsection 7.50{b)(156.5). 2} The bag limit of two Chinook is proposed to remain in place for all areas open to salmon fishing in 2011. 3) A minor change is proposed to the note describing wild trout at the end of subsection 7.50{b) to improve clarity and reduce public confusion. 4) Additional minor changes are proposed to improve clarity, reduce public confusion, and simplify Title 14 structure. NOTICE 1S GIVEN that any person interested may present statements, orally or in writing, relevant #o this action at a hearing to be held at the Embassy Suites Los Angeles International Airport-North, 9801 Airport Boulevard, Las Angeles, California, on Thursday, March 3, 2019, at 8:3D 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 at the Lake Natoma Inn, 702 Gold Lake Drive, Folsom, California, on Thursday, April 7, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS FURTHER GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Fish and Game Commission Conference Room, State of California Resources Building, 1416 Ninth Street, Room 1320, Sacramento, California, on Thursday, April 21, 2011, 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 April 15, 2011 at the address given below, or by fax at (916) 653-5040, or by a-mail to FGC(c~fgc.ca.aov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on Apri! 20, 2011. All comments must be received no later than April 21, 2011, at the hearing in Sacramento, CA. If you would like copies of any modifications to #his proposal, please include your name and mailing address. 3 The regulations as proposed in strikeout-underline forma#, as well as an initial statement of reasons, including environmental considerations and all information upon which the proposal is based (rulemaking file), are on fi!e and available for public review from the agency representative, Jon K. Fischer, Acting Executive Director, Fish and Game Commission, 9416 Ninth Street, Box 944209, Sacramento, Cali#ornia 94244-2090, phone (916) 653-4$99. Please direct requests far the above mentioned documents and inquiries concerning the regulatory process to Jon K. Fischer or Sherrie Fonbuena at the preceding address or phone number. Stafford Lehr, Branch Chief, Fisheries Branch, Department of Fish and Game, (996) 327-884f}, 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 http:llwww.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 Cade. 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 th.e 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. lmaact of Reaulatorv 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 Business, 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 changes are necessary for the continued preservation of the resource and therefore the preven#ion of adverse economic impacts. {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. . 4 (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 Cos#slSavings in Federal Funding to the State: Nane. (e) Nondiscretionary CostslSavings to loco! Agencies: None. {f) Programs Mandated on local Agencies or School Districts: None. {g) Costs Imposed on any local Agency or Schooi 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: Nane. 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 or would be as effective and less burdensome to affected private persons than the proposed action. FISH AND GAME COMMISSION Jan K. Fischer Dated: 1=ebruary 8, 2011 Acting Executive Director 5 COMIf ESSYONERS Jim Kcliogg, President Discovery $ay Richard Rogers, Vice President MOnteClt4 Michael Sutton, Member Monterey Daniel 1V. Richards, Member Upland Jack SayEis, Member Los Angeles February 18, 2011 EDM03VD G. 1380\YN, JR. <n;: `~: Governor STATE OP CALIFORNIA Fish and Game Commission 1116 Ninth Sireei Box 93409 5acramenip, cr 94244-?n9o (916J 653-4899 (916) 653-50x0 Fax fgc@fgc.ca.gov This is to provide you with a copy of the notice of proposed regulatory action relative to Section 7.50, Title 14, California Code of Regulations, relating to Klamath River sport fishing, which wilt be published in the California Regulatory Notice Register on February 18, 2011. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Mr. Mark Pisano, Acting Fisheries Program Manager, Northern Region, Department of Fish and Game, phone {530) 225-2284, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, r~ Sherrie Fonbuena Associate Governmental 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, 202, 205, 215, 220, 240, 315 and 316.5 of the Fish and Game Code and to implement, interpret or make specific sections 200, 202, 205, 206, 215 and 315.5, of said Cade, proposes to amend Section 7.50, Title 14, California Code of Regulations, relating to Klamath River Sport Fishing Regulations. Informative Di estlPolic Statement Overview The Klamath River System, which consists of the Klamath River and Trinity River basins, is managed through a cooperative system of State, Federal, and Tribal management agencies. Salmonid regulations are designed to meet natural and hatchery escapement needs for Salmonid stocks, while providing equitable harvest opportunities for ocean recreational, ocean commercial, river recreational and Tribal fisheries. The Pacific Fishery Management Council {PFMC) is responsible for adopting recommendations for the management of recreational and commercial ocean salmon fisheries in the Exclusive Economic Zone {three to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing regulations by the National Marine Fisheries Service (NMFS). The California Fish and Game Commission (Commission) adopts regulations for the ocean salmon recreational (inside three miles) and the Klamath River System recreational fisheries which are consistent with federal fishery management goals. Two Tribal entities within the Klamath River System, the Hoapa Valley Tribe and the Yurok Tribe, maintain fishing rights fior ceremonial, subsistence and commercial fisheries that are managed consistent with federal fishery management goals. Tribal fiishing regulations are promulgated by the Hoopa and Yurok Tribes. Klamath River f=all-Run Chinook Klamath River fall-run Chinook salmon (KRFC) harvest allocations and natural spawning escapement goats are established by the PFMC. The KRFC harvest allocation between Tribal and non-Tribal fisheries is based on court decisions and allocation agreements between the various fishery representatives. The 2011 KRFC in-river recreational fishery allocation recommended by the PFMC is currently unknown. All proposed closures for adult KRFC are designed to ensure sufficient spawning escapement in the Klamath basin and equitably distribute harvest while operating within annual allocations. Klamath River Spring-Run Chinook The Klamath River System also supports Klamath River spring-run Chinook salmon (KRSC}. Naturally produced KRSC are both temporally and spatially separated from KRFC in most cases. In addition to natural stocks, the California Department of Fish and Game's (Department) Trinity River Hatchery facility produces 1.4 million KRSC salmon annually as mitigation for habitat lost above the Trinity Dam. Presently, KRSC stocks are not managed or allocated by the PFMC. The in-river recreational fishery is managed by genera! basin seasons, daily bag limit and possession limit regulations. KRSC harvest will be monitored on the lower Klamath River in 2011 and ensuing years by creel survey. KRFC Allocation Management The 2010 allocation for the Klamath River System recreational harvest was 12,004 adult KRFC. Preseason stack projections of 2011 adult KRFC abundance will not be available from the PFMC until March 2011. The 2011 basin allocation will be recommended by the PFMC in April 2011 and presented to the Commission far adoption prior to its April 2019 teleconference call. For public notice requirements, the Department recommends the Commission consider an allocation range of 4 - 40,000 adult KRFC in the Klamath River basin for the river recreational fishery. This recommended range encompasses the historical range of the Klamath River basin allocations and allows the PFMC and Commission to make adjustments during the 2011 regulatory cycle. The Commission may modify the KRFC in-river recreational salmon harvest allocation which is normally 15% of the non-Tribal PFMC harvest allocation. Commission modifications need to meet biological and fishery allocation goals specified in law or established in the PFMC Salmon Fishery Management Plan otherwise harvest opportunities may be reduced in the California ocean 1•ISheries. The annual KRFC in-river harvest allocation is split into 4 geographic areas with sub-quotas assigned to each. They are as follows; 1. for the main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec 17% of the recreational fishery allocation, 2. for the main stem Klamath River from downstream of the Highway 96 bridge at Weitchpec to the mouth 50% of the recreational fishery allocation, 3. for the Trinity River downstream of the O!d Lewiston Bridge to the Highway 299 West bridge at Cedar Flat 16.5% of the recreationa! fishery allocation, and 4. for the Trinity River downstream from the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River 16.5% of the recreational fishery allocation. The Spit Area {within 100 yards of the channel through the sand spit formed at the Klamath River mouth}, closes to all fishing .after 15% of the lower Klamath River sub-quota {area number 2 above) has been taken downstream of the Highway 101 bridge. This provision only applies if the Department projects that the total Klamath River System recreational fishery allocation will be met. This closure is intended to prevent excessive take near the mouth where fish are concentrated and will help to provide an equitable distribution of KRFC harvest in the.upper river. These geographic areas are based upon historical angler effort distribution and ensure equitable harvest of adult KRFC in the upper Klamath River and Trinity River. The sub-quota system requires the Department to monitor angler harvest of adult KRFC in each geographic area. All areas will be monitored on a real time basis except for the following: Klamath River upstream of Weitchpec and the Trinit River: Due to funding and personnel reductions, the Department will be unable to deploy adequate personnel to conduct harvest 2 monitoring in the Klamath River upstream of Weitchpec and in the Trinity River for the 2011 season. The Department has reviewed salmon harvest and run-timing data for these areas. Based on this review, the Department has developed a Harvest Predictor Model {HPM} which incorporates historic creel survey data from the Klamath River downstream of Iron Gate Dam to the confluence with the Pacific Ocean and the Trinity River downs#ream of Lewiston Dam to the confluence with the Klamath River. The HPM is driven by the positive relationship between KRFC harvested in the Klamath River and Trinity River. The HPM will be used by the Department to implement fishing closures to ensure that anglers do not exceed established sub- quota targets. Current Recreational f=ishery Management The KRFC in-river recreational harvest allocation is divided into geographic areas and harvest is monitored under real time sub-quota management. KRSC in-river recreational harvest is managed by general season, daily'bag limit and possession limit regulations. The Department presently differentiates the two stacks by following dates: Klamath River 1. January 1 through August 14 -General Season KRSC. Far purposes of clarity, daily bag and possession limits apply to that section of the Klamath River downstream of the Highway 96 bridge at Weitchpec. 2. August 15 to December 31 -KRFC quota management. Trinity River 1. January 1 through August 31 -General Season KRSC. Far purposes of clarity, daily bag and possession limits apply to that section of the Trinity River downstream of the Old Lewiston Bridge to the confluence with the South Fork Trinity River. 2. September 1 through December 31 -KRFC quota management. The daily bag and possession limits apply to bath stocks within the same sub-area and time period. Proposed Changes The Department is proposing the following changes to current regulations: No changes are proposed far the general {KRSC) opening and closing season dates. KRFC Season Bag Limit, and Possession Limit For public notice requirements, a range of KRFC bag and possession limits are proposed until the 2fl11 basin quota is adopted. As in previous years, no retention of adult KRFC salmon is proposed for the following areas, once the sub quota has been met. The proposed open seasons and range of bag limits for KRFC salmon stocks are as follows: 1. Klamath River -August 15 to December 31 2. Trinity River -September 1 to December 31 3. Bag Limit - [4-4] Chinook salmon -only [a-3] fish over 22 inches total length until sub quota is met, then 0 fish over 22 inches total length. The possession limit is proposed as a range of [0-9] Chinook salmon of which [0-6] aver 22 inches total length may be retained when the take of salmon over 22 inches total length is allowed. 3 Removal of Section 7.50 subsection b 91.1 E 6.c. Can on Creek from re ulations ertainin to anadromous waters of the Klamath River basin Section 7.50 subsection (b)(91.1) is intended to regulate all anadromous waters of the Klamath River basin. Pursuant to the first paragraph of Section 7.50 subsection (b){91.1 }(E}, the anadromous waters of Canyon Creek are closed to all angling. The waters of Canyon Creek upstream of the falls located about four miles north of the wilderness area boundary are non- anadromous waters, but have been inappropriately included in the anadromous Klamath River basin regulations. The Department wishes to correct this discrepancy by relocating the subsection concerning the non-anadromous waters of Canyon Creek from Klamath Basin regulations and appropriately adding it to the Alphabetical List of Waters with Special Regulations as Section 7.50 subsection {b)(35.6}. Minor changes are also proposed to improve the clarity and consistency of the 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 at the Embassy Suites Las Angeles International Airport-North, 9801 Airport Boulevard, Los Angeles, California, on Thursday, March 3, 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, relevant to this action at a hearing to be held at the Lake Natoma inn, 702 Gold Lake Drive, Folsom, California, on Thursday, April 7, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS IFURTHER GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in the Fish and Game Commission Conference Room, State of California Resources Building, 1416 Ninth Street, Room 1320, Sacramento, California, on Thursday, April 21, 2011, 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 April 15, 2011 at the address given below, or by fax at {916) 6S3-5040, or by a-mail to FGC f c.ca. ov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on April 20, 2011. All comments must be received no later than April 21, 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 strikeout-underline format, as well as an initial statement of reasons, including environmental considerations and all information upon which the proposal is based (rulemaking fie}, are on file and available for public review from the agency representative, Jan 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 documents and inquiries concerning the regulatory process to .ion K. Fischer or Sherrie Fonbuena at the preceding address or phone number. Mr. Mark Pisano, Acting Fisheries Program Manager, Northern Region, ©epartment of Fish and Game, X530) 225-2280, 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 shag be posted on the Fish and Game Commission website at h tt p :Ilwww. fg c. c a. g ov. 4 Availability of Modified Text If the regulations adopted by the Commission differ from but are sufi'iclently related to the action proposed, they will be available to the public for at least 95 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 19346.8 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 ReaulatorY 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 Business, 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 projected to have an unknown impact on the net revenues to businesses servicing sport fishermen. This is not likely to affect the ability of California businesses to compete with businesses in other states. The preservation of Klamath River salmon stocks is necessary far the success of lower and upper Klamath River Basin businesses which provide goods and services related to fishing. The proposed changes are necessary for the continued preservation of the resource and therefore the prevention of adverse economic impacts. (b) Impact on the Creation or l=limination of Jabs within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California: None. (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 CostslSavings in Federal Funding to the State: None. (e) Nondiscretionary CostslSavings to t_ocal Agencies: None. 5 (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 17540} of Division 4, Government Code: None. (h) Effect an Housing Casts: 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 fior 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: February 8, 2(311 Acting Executive Director 6 COMMISSIONERS Jim Kellogg, President EBMONI) G. BROWN, JR. laiscovery I3ay ` Richard Rogers, Vice President :e,Y -- ~~, Montecito ,~- ~'' ` Michael Sutton, Member . ~ Monterey Daniel W. Richards, Member Upland Governor Jack Baylis, Member Los Angeles STATE OF CALIFORNIA Fish and Game Commission February 18, 2011 1.116 Ninth 5lreei Bos 944109 Sacramento, C.4 94144-1090 (9I6J 653-4899 (916) 653-5090 Fax fgc@Fgc.ca.gov This is to provide you with a copy of the notice of proposed regulatory action relative to Section 27.80, Title 14, California Code of Regulations, relating to ocean salmon sport fishing, which will be published in the California Regulatory Notice Register on February 18, 2011. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Ms. Marija Vojkovich, Marine Region Manager, Department of Fish and Game, phone (805) 56$-1246, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, Sherrie Fonbuena Associate Governmental 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, 202, 205, 220, 240, 316.5 and 2084 of the Fish and Game Code and to implement, interpret or make specific sections 200, 202, 205, 316.5 and 2084 of said Code, proposes to amend Section 27.80, Title 14, California Code of Regulations, relating to ocean salmon sport fishing regulations. In#orrnative Di estlPolic Sta#ement Overview The Pacific Fishery Management Council {PFMC} annually reviews the status of wes# coast salmon populations. As part of that process, it recommends ocean salmon fisheries regulations aimed at meeting biological and fishery allocation goals specified in law or established in the Salmon Fishery Management Plan {I=MP). These recommendations coordinate west coast management of sport and commercial ocean salmon fisheries in the Federal fishery management zone (3 to 200 miles offshore) off Washington, Oregon and California. These recommendations are subsequently implemented as ocean fishing regulations by the National Marine Fisheries Service. California's sport fishing regulations will need to conform to the new Federa! regulations to achieve optimum yield in California under the FMP. The Fish and Game Commission (Commission} adopts regulations for the ocean salmon sport fishery in State waters (zero to three miles offshore} which are consistent with Federal fishery management goals and are effective at the same time. PFMC Regulatory Outlook On March 10, 2011, the PFMC will develop the ocean salmon fisheries regulatory options for public review and the final PFMC regulation recommendations will be made on April 14, 2011. The various ocean salmon sport fishery alternatives that the PFMC will examine in the process of adapting options may include: 1. the minimum size of salmon that maybe retained; 2. the number of rods anglers may use (e.g., one, two, or unlimited); 3. the type of bait andlor terminal gear that may be used (e.g., amount of weight, hook type, and type of bait or na bait); 4. the number of salmon that may be retained per angler-day or period of days; 5. the definition of catch limits to allow for combined boat limits versus individual angler limits; 6. the allowable fishing dates and areas; and 7. the overall number of salmon that may be harvested, by species and area. Commission Regulatory Outlook Although there are no PFMC regulatory options to review at this time, the PPMC March options will serve as the basis for the Commission's 2011 regulatory action affecting the State's ocean salmon sport fishery. There exists a possibility of continued ocean water closures off California due to low Chinook salmon returns to the Central Valley River System andlor the Klamath River Basin in 2010. Further Commission actions affecting the ocean salmon sport fishery may be developed after the annual PFMC reports, Review of 2090 Ocean Salmon Fisheries and Preseason Report ! Stock Abundance Analysis for 2097 Ocean Salmon Fisheries, are available in late February 2011. Present Regulations Current regulations had recreational salmon fishing north of Horse Mountain including Humboldt Bay from May 29 to September 6, 2010. Between Horse Mountain and Point Arena, there was recreational salmon fishing from April 3 to September 6, 2014. All areas south of Point Arena had recreational salmon fishing season from April 3 to September 6, 2010 with 7 days per week until Apri! 30 and 5 days per week running Thursday to Monday from May 1 to September 6. Al! recreations{ salmon fishing is c+~rrently closed until further action by the PFMC andlor the Commission. Proposed Regulations Far public notice purposes to #acilitate Commission discussion, the Department of Fish and Game (Department} is proposing three regulatory options to encompass a!l possible actions far Commission consideration: 1) All areas remain closed to salmon fishing (no change option), 2) Varied [evels of salmon fishing in all areas, and 3) Automatic conformance with federal regulations to facilitate in-season changes and emergency actions. The proposed changes from current regulations are shown below: O tion 1 - No fishin in all areas This is the no change option as all salmon fishing seasons are currently closed in the Section 27.$0 regulations. O Lion 2 --Varied levels of salmon fishin in all areas The date ranges in the following areas are proposed to encapsulate all possibilities of the Commission final action on the PFMC 2011 recommendations in mid-April. This approach will allow final State ocean salmon regulations to be effective at the same time as salmon regulations in federal ocean waters. (1) For the all waters of the ocean north of Horse Mountain and in Humboldt Bay: The season, if any, may occur within the range of May 1 -September 30. The exact opening and closing dates, and the length of the season will be determined in April by the PFMC. (2) For the area between Horse Mountain and Point Arena: The season, if any, may occur within the range of May 1 -November 13. The exact opening and closing dates, and the length of the season will be determined in April by the PFMC. (3) For the area between Point Arena and Pigeon Paint: The season, if any, may occur within the range of May 1 -November 13. The exact opening and closing dates, and the length of the season will be determined in Apri! by the PFMC. 2 {4) For the areas between Pigeon Paint and Point Sur: The season, if any, may occur within the range of May 1 -October 2. The exact opening and closing dates, and the length of the season will be determined in Apri! by the PFMC. (S) For the areas south of Point Sur: The season, if any, may occur within the range of May 1 - October 2. The exact opening and closing dates, and the length of the season will be determined in April by the PFMC. (6) Minimum Size Range: a. North of Horse Mountain: The minimum size may range from 20 to 24 inches total length. b. South of Horse Mountain: The minimum size may rarige from 20 to 24 inches total length. O tion 3 --Automatic conformance with federal re ulations The Department is proposing this option to replace the existing regulations for Commission consideration. Significantly more stakeholder and public involvement takes place each year during the annual Federal PFMC salmon regulatory process. This option is included to reduce administrative workload on Department and Commission staff and to allow fior quicker implementation of season opening date regulations, since the Federal process is far more expedient than the State`s. The Commission's final action on ocean salmon fishing in late April each year is almost always limited to adopting state regulations that exactly mirror Federal regulations that have already been approved by PFMC.earlier in the month of April This option proposes automatic conformance of State ocean salmon regulations with Federal regulations. This approach will ensure that State ocean salmon regulations are effective at the same time as salmon regulations in Federal ocean waters and would simplify application of Federal emergency or in-season action to 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 at the Embassy Suites Los Angeles International Airport-North, 9801 Airport Boulevard, Los Angeles, California, on Thursday, March 3, 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, relevant to this action at a hearing to be held at the Lake Natoma Inn, 702 Gald Lake Drive, Folsom, California, on Thursday, April 7,2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS FURTHER GIVEN that any person interested may present statements, orally or in writing, relevant to ,this action at a hearing to be held in the Fish and Game Commission Conference Room, State of California Resources Building, 1416 Ninth Street, Room 1320, Sacramento, California, on Thursday, April 21, 2011, 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 April 15, 2011 at the address given below, or by fax at (916) 653-5040, or by a-mail to FGCCcr~,fgc,ca.aov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. ~on April 20, 2011. All comments must be received no later than April 29, 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. 3 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 944209, Sacramento, California 94244-2090, phone {916} 653-4899. Please direct requests for the above mentioned documents and inquiries concerning the regulatory process to Jon K. Fischer or Sherrie Fonbuena at the preceding address or phone number. Marija Voj[covich, Marine Region Manager, Department of Fish and Game, (805) 568-1246, has been designated to respond to questions on the substance of the proposed reguilations. 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 http:llwww.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 fuEl compliance with the 15-day comment period, and the Commission will exercise its powers under Section 202 of the Fish and Game Cade. Regulations adopted pursuant to this section are not subject to the time periods #or 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 Rectullatory 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 ca#egories have been made: (a) 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 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 changes are necessary for the continued preservation of the resource and therefore the prevention of adverse economic impacts. (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. 4 (c} Cost Impacts on a Representative Private Person or Business: The Commission is not aware of any cast 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 CostslSavings in Federal Funding to the State: None. (e) Nondiscretionary CostslSavings to Local Agencies: None. (f} Programs Mandated on Local Agencies or School Districts: None. {g) Costs Imposed on any Locai 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 Casts: 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 or would be as effective and less burdensome to affected private persons than the proposed action. FISH AND GAME COMMISSION Jon K. Fischer Dated: February 8, 2011 Acting Executive Director 5 Tim Kellogg, President EDiVxOND G. BROWN, JR. Discovery Bay Richard Rogers, Vice President "'' a- Montecito ,~~`. ' Michael Sutton, Member Monterey Daniei W. Richards, Member upland Governor dark Baylis, Member Las Angeles STATE OF CALIFORNIA Fish and Game Commission February 18, 2011 1415 Ninth Street Box 944209 Sacramento, CA 94144-2090 (916) 653-4$99 (9!6} 65.1-5040 Fax fgcQt'gc.ca.gov This is to provide you with a copy of the notice of proposed regulatory action rela#ive to Sections 353, 354, 360, 361, 362, 363, 364, 365, 366.702, 708, 711 and new Sections 708.1, 708.2, 708.3, 708.4, 708.5, 708.6, 708.7, 708.8, 708.9, 708.10, 708.11, 708.'12, 708.13, 708.14, 708.15, 708.16 and 708.17, Title 14, California Code of Regulations, relating to Mammal Hunting Regulations, which will be published in the California Regulatory Notice Register on February 18, 2011. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. Mr. Dan Yparraguirre, Wildlife Program Manager, Department of Fish and Game, phone (916) 928-6881, has been designated to respond to questions on the substance of big game changes and Ms. Maria Melchiorre, license and Revenue Branch, Department of Fish and Game, phone (916) 928-6881, has been designated to respond to questions on the substance of permit procedures in the proposed regulations. ~~ D mmental Program Analyst Attachment TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations NOTICE IS HI=REBY GIVEN that the Fish and Game Commission {Commission), pursuant to the authari#y vested by sections 200, 202, 203, 205, 215, 219, 220, 240, 331, 332, 460, 1050, 1053, 1055, 1055.1, 1572, 3452, 3453, 3454, 4302, 4331, 4336, 4340, 4347 and 10502 of the Fish and Game Code and to implement, interpret or make specific sections 200, 201, 202, 203, 203.1, 205, 206, 207, 210, 215, 219, 220, 240, 331, 332, 458, 459, 460, 713, 1050, 1053, 1055, 1055.1, 1570, 1571, 1572, 3452, 3453, 3454, 3950, 3951, 4302, 4330, 4331, 4332, 4333, 4334, 4336, 4340, 4341, 4652, 4653, 4654, 4655, 4657, 4750, 4751, 4752, 4753, 4754, 4755, 4756, 4902, 10500 and 10502, of said Code, proposes to amend SectlOn5 360, 361, 362, 363, 364, 365, 366 702 and 711, and subsections 353(Ic), 354(j), and 478.1 (a) and {c}; and add Sections 708.1 through 708.17; and repeal Section 708, Title 14, California Code of Regulations, relating to mammal hunting regulations. !n#ormative DigestlPolicv Statement Overview 3B0 a Re: Deer A B C and D Zone Hunts Existing regulations provide for the number of license tags available for the A, B, C, and D Zones. This regulatory proposal changes the number of tags for all existing zones to a series of ranges presented in the following table. These ranges are necessary, as the final number of tags cannot be determined until spring herd da#a are collected in MarchlApril. Because severe winter conditions can have an adverse effect on herd recruitmen# and over-winter adult survival, final tag quotas may fall below the proposed range. Deer: § 360(a) A, B, C, and D Zone Hunts Tag Allocations Zone Current Proposed A 65,000 30,000-65,000 B 55,500 35,000-65,000 C 8,150 5,000-15,000 D3-5 33,000 30,000-40,000 ^-6 10,000 6,000-16,000 D-7 9,000 4,000-10,000 D-8 8,000 5,000-10,000 D-9 2,000 1,000-2,500 D-10 700 400-800 D-11 5,500 2,500-6,000 D-12 950 100-1,500 D-13 4,000 2,000-5,000 D-14 3,000 2,000-3,500 D-15 1,500 500-2,000 D-16 3,000 1,000-3,500 D-17 500 100-800 D-19 1,500 500-2,000 360[b] Re: Deer X-Zane Hunts Existing regulations provide for the number of hunting tags for the X zones. The proposal changes the number of tags for all existing zones to a series of ranges presented in the following table. These ranges are necessary, as the final number of tags cannot be determined until spring herd data are collected in MarchlApril. Because severe winker conditions can have an adverse effect on herd recruitment and over- winter adult survival, final tag quotas may fall below the proposed range. Deer: § 360{b) X-Zane Hunts Tag Aliacations Zone Current .Proposed X-1 1,275 1,000-6,000 X-2 190 50-500 X-3a 230 100-1,200 X-3b 875 200-3,000 X-4 355 100-1,200 X-5a 65 25-200 X-5b 110 50-500 X-6a 325 100-1,200 X-6b 370 100-1, 200 X-7a 200 50-500 X-7b 120 25-200 X-8 220 100-750 X-9a 650 100-1,200 X-9b 325 100-600 X-9c 325 100-600 X-10 400 100-640 X-12 760 100-1,200 36t1(c) Re: Deer Additional Hunts Existing regulations provide for the number of hunting tags in the Additional Hunts. The proposal changes the number of tags for all existing hunts to a series of ranges as indicated in the table below. The proposal provides a range of tag numbers for each hunt from which a final number will be determined, based on the post-winter status of each deer herd. These ranges are necessary, as the final number of tags cannot be determined until spring herd data are collected in MarchlApril. Existing regulations for Additional Hunts G-8 (Fort Hunter Liggett Antlerless Deer Hunt) and J-10 (Fort Hunter Liggett Apprentice Either-Sex Deer Hunt} provide far hunting to begin on October 2 and continue #or two (2) consecutive days and reopen on October 9 and continue for three {3) consecutive days in order to accommodate far Base operations and other hunt opportunities. The proposal would modify the season to account for the annual calendar shift by changing the season opening dates to October 1 and October 8, respectively, in order to accommodate for Base operations. Existing regulations provide for additional premium deer hunts on several military bases {Hunts G-7, G-8, G-9, G-10, G-11 and J-10). Under Special Conditions for these deer hunts, it specifes that in the event the Base Commander cancels the hunt, tagholders will only have the option of exchanging the unused tag for any remaining deer tag or receiving a refund. However, current regulations only provide for the refund of deer tag application fees under a very limited set of circumstances and conditions as specified in 2 Section 708.14. These military hunt Specia[ Conditions are in direct conflict with tag application refund policies addressed in Section 708.14 and may crew#e confusion in the event of hunt cancellation. In addition, existing regulations for these premium deer hunts on military bases do not address the restoration of accumulated or earned preference points for tags issued through the Big Game Drawing in the event of hunt cancellation. The proposed change would eliminate reference to #ag application fee refunds far cancelled military hunts under Special Conditions, thereby eliminating conflict with other regula#ions and policies. In the event of hunt cancellation, the proposal wou[d also provide for the restoration of accumulated and earned preference points far those fags issued through the Big Game Drawing following procedures described in Section 708.14. Deer: § 360(c) Additional Hunts Tag Alloca#ions Hunt Number (and Title) Current Proposed G-1 (Late Season Buck Hunt for Zane G4) 2,710 500-5,000 G-3 (Goodale Buck Hunt) 35 5-50 G-B (Kern River Deer Herd Suck Hunk} 50 25-100 G-7 (Beale Either-Sex Deer Hunt) 20 Military * 20 Military G-8 (Fart Hunter Ligget# Antlerless Deer Hunt) 10 Military * and 1fl Public 10 Military * and 10 Public G-9 (Camp Roberts Antlerless Deer Hunt} 15 Military * and 15 Public 15 Military * and 15 Public G-10 (Camp Pendleton i=ither-Sex Deer Hunt) 400 Military * 400 Military G~11 (Vandenberg Either-Sex Deer Hunt) 500 Military * and DOD *.* 500 Military'", DOD and as Authorized by the Installation Commander G-12 (Gray Lodge Shotgun Either-Sex Deer Hunt} 30 10-50 G-13 {San Diego Antlerless Deer Hunt) 300 50-300 G-19 {Sutter-Yuba Wildlife Areas Either-Sex Deer Hunt), 25 10-50 G-21 {Ventana Wilderness Buck Hunt} 25 25-100 G-37 {Anderson Flat Buck Hunt) 25 25-50 G-38 {X-10 Late Season Buck Hunt) 300 50-300 G-39 (Round Valley Late Season Buck Hunt) 5 5-150 M-3 (Doyle Muzzleloading Rifle Buck Hunt) 20 ~ 10-75 M-4 (Horse Lake Muzzleloading R'rfle Buck Hunt} 10 5-50 M-5 (East Lassen Muzzleloading Rifle Buck Hunt) 10 5-50 M-6 (San Diego Muzzleloading Rifle Either-Sex Deer Hunt) 80 25.100 M-7 (Ventura Muzzleloading Rifle Either-Sex Deer Hunt) 150 50-150 M-8 (Bass Hill Muzzleloading Rifle Buck Hunt} 20 5-50 M-9 (Devil's Garden Muzzleloading Rifle Buck Hunt} 15 5-100 M-11 (Northwestern California Muzzlelaading Rifle Buck Hunt) 20 20-200 MA-1 (San Luis Obispo Muzzlelaading RiflelArchery Either-Sex Deer Hunt} 150 20-150 Deer: § 3fi0(c) Addi#ianal Hunts Tag Allocations Hunt Number {and Title) Current ~ Proposed MA-3 (Santa Barbara MuzzJeloading RiflelArchery Buck Hun#) 150 20-150 J-1 Lake Sonoma Apprentice Either-Sex Deer Hunt) 25 10-25 J-3 (Tehama Wildlife Area Apprentice Buck Hunt) 15 15-30 J-4Shasta-Trinity Apprentice Buck Hunt) 15 15-50 ~J-7 (Carson River Apprentice Either-Sex Deer Hunt) 15 10-50 J-8 {Daugherty Hill Wildlife Area Apprentice Either-Sex Deer Hunt) 15 10-20 J-9 {Little Dry Creek Apprentice Shotgun Either-Sex Deer Hunt} 5 5_10 J-10 {Fort Hunter Ligge#t Apprentice Either-Sex Deer Hunt} 10 Military * and 75 Public 10 Military * and 75 Public J-11 (San Bernardino Apprentice Either-Sex Deer Hunt) 40 10-50 J-12 (Round Valley Apprentice Buck Hunt) 10 10-20 J-13 (Los Angeles Apprentice Either-Sex Deer Hunt) 40 25-100 .~-14 (Riverside Apprentice Either-Sex Deer Hunt) 30 15-75 J-15 (Anderson Flat Apprentice Buck Hunt) 10 5-30 J-16 (Bucks Mountain-Nevada City Apprentice Either-Sex Deer Hunt) 75 10-75 J-17 (Blue Canyon Apprentice Either-Sex Deer Hunt) 25 5-25 J-18 (Pacific-Grizzly Flat Apprentice Either-Sex Deer Hunt) 75 10_75 J-19 {Zone X-7a Apprentice Either-Sex Deer Hun#) 25 10-40 J-20 {Zone X-7b Apprentice Either-Sex Deer Hunt) 20 5-20 J-21 {East Tehama Apprentice Ei#her-Sex Deer Hunt} 50 20-80 * Specific numbers of fags are provided for military hunts through a system which restricts hunter access to desired levels and ensures biologically conservative hunting programs. **DOD = Department of Defense and eligible personnel as authorized by the Installation Commander. 361 Re: Archery Deer Hunting 1=xisting regulations provide for the number of hunting tags for existing area-specific archery hunts. The proposal changes the number of tags for existing hunts to a series of ranges presented in the table below. These ranges are necessary, as the fins! number of tags cannot be determined until spring herd data are collected in MarchlApril. Because severe winter conditions can have an adverse effect on herd recruitment and over-winter adult survival, final tag quotas may fall below the proposed range. Existing regulations for Archery Hunt A-33 (Fort Hunter Liggett Late Season Archery Either-Sex Deer Hunt) provide for hunting on Saturdays, Sundays and holidays only beginning the first Saturday in October and continuing through November 8, except if rescheduled by the Base Commander between the season opener and December 31 with Department concurrence. The Base Commander has requested the season be modified to include weekdays as well, and extend the season through the Veterans Day holiday 4 (original proposed season from 2007 Environmental Document), in order #o provide equal hunting access and opportunity to those military personnel normally assigned to work on weekends and holidays. The proposal would modify the season to include all weekdays and weekends between the season opener and Veterans Day. No lass of hunter opportunity would result from this action and the proposal is consistent with existing deer herd management plan recommendations. Existing regulations provide for additional premium deer hunts on military bases (Hunt A-33). Under Specia! Conditions for these deer hunts, it specifies that in the event the Base Commander cancels the hunt, tagholders will only have the option of exchanging the unused #ag for any remaining deer tag or receiving a refund. However, current regulations only provide for the refund of deer tag application fees under a very limi#ed set of circumstances and conditions as specified in Section 708.14. These military hunt Special Conditions are in direct conflict with tag application refund policies addressed in Section 708.14 and may create confusion in the event of hunt cancellation. In addition, existing regulations for these premium deer hunts on military bases do not address the restoration of accumulated or earned preference points for tags issued through the Big Game Drawing in the event of hunt cancellation. The proposed change would eliminate reference to tag application fee refunds for cancelled military hunts under Special Conditions, thereby eliminating conflict with other regulations and policies. In the event of hunt cancellation, the proposal would also provide for the restora#ion of accumulated and earned preference points for those tags issued through the Big Game Drawing following procedures described in Section 708.14. Archery Qeer Hunting: § 3G'i Tag Allocations Hunt Number (and Title) Current Proposed A-1 (C Zones Archery Only Hunt) 1,945 150-3,000 A-3 (Zone X-1 Archery Hunt) 130 50-1,000 A-4 (Zone X-2 Archery Hunt) 10 5-100 A-5 (Zone X-3a Archery Hunt) 30 10-300 A-6 (Zone X-3b Archery Hunt) 90 25-400 A-7 (Zone X-4 Archery Hunt) 11 S 25-400 A-8 (Zone X-5a Archery Hunt) 15 15-100 A-9 (Zone X-5b Archery Hunt) 5 5-100 A-11 {Zone X-fia Archery Hunt) 55 10-200 A-12 {Zone X-fib Archery Hunt) 140 10-300 A-13 {Zone X-7a Archery Hunt) 50 10-200 A-14 {Zone X-7b Archery Hunt) 25 5-100 A-15 {Zone X-8 Archery Hunt) 40 5-100 A-16 {Zone X-9a Archery Hunt) 140 50-500 A-17 (Zone X-9b Archery Hunt) 300 50-500 A-18 (Zone X-9c Archery Hunt) 350 50-500 A-19 (Zone X-10 Archery Hunt) 120 25-200 A-ZO (Zone X-12 Archery Hunt) 170 50-500 A-21 (Anderson t=1at Archery Buck Hunt} 25 25-100 A-22 (San Diego Archery Either-Sex Deer Hunt} 1,000 200-1,500 A-24 (Monterey Archery Either-Sex Deer Hunt} 100 25-200 A-25 (Lake Sonoma Archery Either-Sex Deer Hunt) 35 20-75 Archery I]eer Hunting:. § 36'1 Tag Allocations Hunt Number (and Title) Current Proposed A-26 (Bass Hill Archery Buck Hunt) 30 10-100 A-27 (Devil's Garden Archery Buck Hunt) 10 5-75 A-34 (Covelo Archery Buck Hunt) 40 20-100 A-31 {Los Angeles Archery Either-Sex Deer Hunt) 1,000 200-1,500 A-32 {VenturalLas Angeles Archery Late Season Either-Sex Deer Hunt) 250 54-300 A-33 {Fort Hunter Liggett Late Season Archery Either-Sex Deer Hunt) 25 Mili#ary* and 25 Public 25 Military" and 25 Public Specific numbers of tags are provided for military hunts through a system which restricts hunter access fo desired levels and ensures biologically conservative hunting programs. 362 Re: Nelson Bighorn Sheep The existing regulation provides for limited hunting of 22 Nelson bighorn rams in specified areas of the State. The proposed change is intended to adjust the number of tags based on biennial bighorn sheep population surveys conducted by the Department. The number of tags allocaked for each of the nine hunk zones is based on the results of the Department's 2010 estimate of the bighorn sheep population in each zone. Tags are proposed to ensure the take of no more than 15 percent of the mature rams estima#ed in each zone. Final tag quota determinations will be completed by February of 2011 pending completion of all surveys and analyses. The following proposed number of tags was determined using the procedure described in Fish and Game Code Section 4902: ' HUNT.ZON~_ NUMBER:.OF TAGS. Zone 1 -Marble Mountains 3-4 Zone 2 -Kelso PeaklOld Dad Mountains 3-4 Zone 3 - ClarklKin stop Mountain Ran es 2 Zone 4 - Oroco is Mountains 1-2 Zone 5 -San Gor onio Wilderness 2-3 Zone 6 - 5hee Hole Mountains 1-2 Zone 7 -White Mountains 3-5 Zone 8 -South Bristol Mountains 2-3 Zone 9 -Cad Mountains 3-4 O en Zone Fund-Raisin Ta 1 MarblelClipperlSouth Bristol Moun#ains Fund-Raising Tag 1 Kelso PeaklOld Dad Mountains Fund-Raising Tag 1 TOTAL. 23-32 Existing regulations provide for limited hunting of Ne{son bighorn rams in 7 hunt zones located in San Bernardino, Inyo, and Riverside counties. The proposed change creates two additional (Zone 8 and Zone 9) hunt zones located in the South Bristol Mountains and Cady Mountains (San Bernardino County), 6 respec#ively. This proposal is in compliance with Fish and Game Code Section 4902, which provides for Eimited hunting of Nelson bighorn sheep in management units for which herd plans have been prepared. Existing Regulations define the boundaries of the Kelso PeaklOld Dad Mountains Hunt Zone. The prolapsed change will modify the western boundary of this hunt zone to exclude the South Soda Mountains. This change is intended to facilitate expansion of the population of bighorn sheep now established in the South Soda Mountains which will no longer be part of the Kelso PeaklOld Dad Mountains Hunt Zone. Existing regulations provide for afund-raising tag to be allocated in the MarblelClipper and Sheep Hole Mountains hunt zones. The proposed change would remove the Sheep Hole Mountains and add the South Bristol Mountains as valid hunt zones permitted for this fund-raising tag. This change to the fund- raising tag zone is necessary to take advantage of the potentially higher revenue generated from adding a hunting opportunity in a new area where mature rams are known to occur. 363 Re: Pronghorn Antelope Existing regulations provide for the number of pronghorn antelope hun#ing tags for each hunt zone. This proposed regulatory action would provide for tag allocation ranges for most hunt .zones pending final tag quota determinations based on winter survey results that should be completed by March of 2011. The final tag quotas will provide for adequate hunting opportuni#ies while allowing for a biologically appropriate harvest of bucks and does in specific populations. The proposed 2011 tag allocation ranges for the hunt zones are as set forth below. ,20~-1 Pr4~ghorn ,A~te(lope `Ta :Allocation R~irii es. Hunf Area Archery-Only Season Genera! Season Period 1 Period 2 Buck Doe Buck Doe Buck Doe Zone 1 -Mount Dome 1-1q 0-3 3-60 0-20 0 0 Zone 2 -Clear Lake 1-10 0-3 5-80 0-25 0 D Zone 3- Likel Tables 2-20 0-7 25-150 0-50 25-130 0-50 Zone 4 -Lassen 2•-20 D-7 25•-150 0-50 25-150 0-50 Zane 5- Bi Valle 1-15 D-5 3-150 D-50 0 0 Zone 6 -Sur rise Valle 1-10 0 3-25 0-7 0 0 Likel Tables A rentice Hunt NIA 1•-5 Either-Sex 0 tai Valle A rentice Hunt NIA 1-15 Either-Sex 0 Lassen A rentice Hunt NIA 1-15 Either-Sex 0 Sur rise Valle A rentice Hunt NIA 1-4 Either-Sex 0 Fund-Raisin Hunt NIA 1-10 Buck 3fi4 Re: Elk Existing regulations specify elk license tag quotas for each hunt. In order to main#ain hunting quality in accordance with management goals and objectives, it is periodically necessary to adjust quotas in response to dynamic environmental and biological conditions. This proposed amendment modifies elk tag numbers to ranges of tags #o adjust for fluctuations in population numbers. Periodic quota changes are necessary to maintain hunting quality in accordance with managemen# goals and objectives. 2011 Pro osed Elk Ta Allocation HuntName a~ d G` a w ~ as~+ ~ _ ~ m a: ,c 'a. fn o- ~ -°'m ~ L ~ ~ o a~ NN`ma: N ++ ~ a o~ x mW~ ~ y ~ ~, ~N a~ ~~ L Z a~ ~~ m ~~ L r. as ~'_ d- ~~ ~ m a Roosevelt Elk Siski ou 0-30 0-30 Del Norte 0-20 0-15 Marble Mountains 0-30 0-70 Marble Mtns A rentice 0-4 Marble Mtns Muzzleloader! Arche 0-10 Klamath 0-20 0-20 8i La oon 0-10 0-10 Northwestern California 0-30 Roc Mountain Elk Northeastern 0-10 0-30 0-20 Northeastern A rentice 0-4 Roose~eltlTule Elk Mendocino 0-4 0-4 Tule Elk Cache Creek 0-~ 0-4 Cache Creek Apprentice 0-2 La Panza Period 1 0-10 0-12 Period 1 A rentice 0-2 0-2 Period 2 0-12 0-12 Owens Valle Multi le-Zane 0-10 0-10 Bisho Period 1 Muzzleloader 0-10 0-30 Period 2 A rentice 0-30 0-10 Period 3 0-30 0-10 Period 4 0-30 0-10 Period 5 0-30 0-10 inde endence Period 1 Muzzleloader 0-10 0-10 Period 2 0-30 0-10 Period 3 0-30 0-10 Period ~i 0-30 0-10 Period 5 0-30 0-10 Lone Pine Period 1 Arche 0-30 0-10 Period 2 0-30 0-10 Period 3 0-30 0-10 Period 4 0-30 0-10 2011 Pro osed Elk Ta Allocati on Hunt Name N `~ as a ~ rn ~, ;~ _ m Y a. ~' ~ ° ~ ~ °~ ~~ ~ ~ (~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ a ~ L °s x ~ 'w N ~~, ~ ~ ~} dy ~ ~ m o ~ ~ ~ w a= a~ w a m~- ~ m a Period 5 q-30 0-10 Tinemaha & West Tinemaha Period 1 Arche 0-30 0-20 Period 2 0-30 0-20 Period 3 0-30 0-20 Period 4 0-30 0-20 Period 5 0-30 0-20 Tinemaha Mountain Period 1 0-8 Period 2 0-8 Period 3 0-8 Period 4 0-8 Period 5 0-8 Whitne Period 1 Arche 0-30 0-10 Period 2 0-10 0-4 Period 3 0-10 0-~4 Period 4 0-10 0-4 Period 5 0-10 0-4 Grizzl Island Period 1 0-12 0-3 0-6 Period 1 A prentice 0-2 0-2 Period 2 0-12 0-3 0-B Period 2 A rentice 0-2 Period 3 0-12 0-3 0-4 Period 4 0-4 0-2 0-2 Period 5 0-4 0-2 0-2 Fort Hunter Li ett Arche Onl 0-12 0-20 Period 1 0-28 Period 1 A rentice 0-8 Period 2 0-32 Period 3 0-28 Period 3 A rentice 0-4 Muzzleloader Bull 0-12 Earl Season Bull 0-4 East Park Reservoir Period 1 0-4 Period 3 0-8 San Luis Reservoir 0-5 0-10 0-10 Bear Valle 0-2 0-4 Lake PiiisfJU 0-4 0-4 Alameda 0-4 Santa Clara 0-4 Existing regulations establish season dates far the Fort Hunter Liggett tine elk hunts. The proposal modifies the following modifies the period three bull (general and apprentice} from the fourth Wednesday in December to the fourth Thursday in December continuing for twelve consecutive days; modifies the early season bull hunt from the second Tuesday in September #o the third Wednesday in August continuing far five consecutive days and reopening on the fourth Wednesday in August continuing for five consecutive days. ' Existing regulations specify bull and antlerless tag holder's hunt during the same time frame for the Lake Pillsbury tole elk hunt. The proposal modifies the following: modifies the Lake Pillsbury antlerless hunt #rom the second Wednesday in September to the Wednesday preceding the second Saturday in September and continuing for ten consecutive days; modifies the Lake Pillsbury bull hunt from the second Wednesday in September to the Monday following the fourth Saturday in September and continuing for ten consecutive days. Existing regulations do not allow the appropriate allocation of tags to obtain the desired harvest in the Tinemaha and West Tinemaha zones in the Owens Valley. The proposal will au#horize tags valid in both the Tinemaha and West Tinemaha zones utilizing the existing hunt periods. The proposal will provide elk hunting opportunities consistent with the objectives for tole elk in the Owens Valley. Existing regulations specify three hunt periods during the Grizzly Island elk hunts. In an effort to better distribute hunters the current proposal adds two additional hunt periods. The proposa! adds the following hunt periods; Period four, the season for antlerless elk shall open on the second Tuesday in September and continue far four consecutive days, whereas the season for bulls and spike bulls shall open on. Thursday following the second Tuesday and continue for four consecutive days; Period five, the season for antlerless elk shall open on the third Tuesday in September and continue for four consecutive days, whereas the season for bulls and spike bulls shall open on the Thursday following the third Tuesday in September and continue for four consecutive days. Currently the Mendocino elk hunt is classified as a tole elk hunt. Since there are both Roosevelt elk and tole elk within the zone it does not accurately reflect the current status of elk and creates confusion among hunters as to which subspecies they are actually hunting. The proposal modifies the name of the hunk to the Mendocino elk hunt. 365 Re• Bear Existing subsection 365(b), Title 14, California Code of Regulations, requires the bear season to close early when the Department receives notification that 1,700 bears have been taken. In addition, the Department is required to send a letter to each bear hunter when this early closure occurs. The proposed change eliminates the early closure of the bear hunting season, because it is unnecessary and insignifiicant to the bear population, and the cost of notifying all hunters by mail is an unnecessary expense. In addition, there is a minor edit to clarify the regulations by specifying tha# the limit for bear hunting is one bear per hunting license year rather than one bear per season. 366 Re: Archery Bear Wuntins~ Existing Section 366, Title 14, California Code of Regulations, provides a statewide archery bear hunting season beginning the third Saturday in August for 23 consecutive days. The proposed change would begin the archery bear seasons with the archery deer seasons. This would eliminate a problem in deer hunting zone A, where the general bear hunting season opens before the archery bear hunting season. Current regulations specify that one bear may be taken per season. This is confusing far individuals who hunt both the general and archery seasons, because only one bear may be taken per year. The proposed change clarifies that one bear may be taken per license year. Currently, subsection 366(f) specifies that ono more than 15,000 bear tags shall be issued pursuant to section 367." Section 367 was repealed by regulatory action in 2002. The proposed change deletes this subsection. ~o 3fi3(k], , 17) _354 478.1 a and [c1, 702. 708, and 711 (and Add 708.1 throucth 708._ Re: Methods Authorized to Take Bi Game Arche E ui ment and Crossbow Re ulations Bobcat Hunting Tags, Huntins~ Applications and Fees, Cold StoraaelFrozen Food Locker Plant Records and Distribution of Bi Game License Ta sand Re ortin Procedures in an Automated License Data System Existing regulations specify rules to issue big game license tags in a paper license system. The Department began piloting an Automated License Data System {ALDS) in August 2010. Beginning in 2011, recreation licenses will be issued via ALDS paint of sale terminals at Department license sales offices and license agents. ALDS customers no longer need to fill out multiple paper applications or forms to apply fora license or other entitlement. !#ems such as deer tags and bear tags, that were previously only available at nine Department license sales ofllces, will now be issued to hunters at point of sale terminals from a network of approximately 1,400 license agen#s located throughout the state and neighboring states. Hunters would now be able to apply for premium deer, elk antelope or big horn sheep tags issued from the big game drawing at any Department sales office or license agent. Hun#ers would receive a paper receipt from the point of sale terminal as proof of entering the big game drawing. Establish specific dates for hunters to apply for the annual big game drawing, leftover and restricted deer tags•and payment of fees for elk, antelope, and bighorn sheep tags. Under existing regulations, deer tags are issued based on the tag choice the hunter entered on the deer tag application. This proposal would allow restricted deer tags to be issued if available and would not be dependent on what order the hunter requested the tag. The instructions for filling out a big game tag would also be standardized. Establish procedures to replace big game tags and limit the number of replacements to prevent issuing hunters more #ags than are allowed. Standardize renewal eligibility requirements for some disabled hunting permits. Adjust the hunting fees in regulation as allowed under Fish and Game Code. Editorial division and relocation of Section 708 to new Sections 708.1. through 708.96 is proposed to establish individual sections based on subject and to improve readability for the public. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this ac#ion at a hearing to be held at the Embassy Suites Los Angeles international Airport -North, 9801 Airport Boulevard, Los Angeles, California, on Thursday, March 3, 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, relevant to this action at a hearing to be held at the Lake Natoma Inn, 702 Gold Lake Drive, Folsom, California, on Thursday, April 7, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. NOTICE IS FURTHER GIVEN that any person interested may present statements, orally or in writing, relevant to this action a# a hearing to be held in the Lake Arrowhead Room, Doubletree Hatei, Ontario Airport, 222 North Vineyard Avenue, Ontario, California, on Thursday, May 5, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. Ifis requested, but not required, that written comments be submitted on or before April 21, 2091 at the address given below, or by fax at {916} 653-5040, or by a-mail to FGC c(~,fgc.ca_gov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on May 4, 2011. All comments must be received no later than May 5, 2011, at the hearing in Ontario, 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 environments[ considerations and all information upon which the proposal is based {rulemakirig file}, are on fife 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 far the above mentioned documen#s and inquiries concerning the regulatory process to Jon K. Fischer or Sherrie Fonbuena at the preceding address or phone number. Dan Yparraguirre, Department of Fish and Game, (916) 445-3686, has 11 been designated to respond to questions on the substance of the proposed reputations. 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 http:llwww.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. Circumskances 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 Reaulatorv Action The potential for signifcant 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 Businessmen to Compete with Businesses in Other States. 36U(a) -The proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses #o compete with businesses in other states. The proposed action adjusts tag quotas for existing hunts. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. 360(b} -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 action adjus#s tag quotas for existing hunts. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. 36t)(c} -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 action would adjust tag quotas for existing hunts, modify season dates for two hunts and clarifies refund and preference point policies in the event of military hunt cancellation. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. 361 --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 action adjusts tag quotas far existing hunts, modifies the season far one hunt and clarifies refund and preference point policies in the event of military hunt cancellation. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. 362 -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 action adjusts tag quotas for existing hunts. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. 12 363 -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. Considering the small number of tags issued over the entire state, this proposal is economically neutral to business. 364 -The proposed action will not have a significant statewide adverse economic impact directly affec#ing business, including the ability of California businesses to compete with businesses in other s#ates. Considering the small number of tags issued over the entire state, this proposal is economically neutral to business. 365 -The proposed action will not have a signifcant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed action modifes the statewide black bear harvest. Given the number of individuals willing to participate in bear hunting will remain relatively stable statewide, this proposal is economically neutral to business. 366 -The proposed action will not have a signifcant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed action adjusts season dates for existing hunts. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. 353(k), 354(j), 478.1{a} and (c), 702, 708, 708.1 through 748.17 and 711 -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 action adjusts tag quotas for existing hunts. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to 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. None. {c) Cost Impacts on Priva#e Persons. 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) Costs or Savings to State Agencies or CostslSavings in Federal Funding to the State. None. (e} Qther Nondiscretionary CostslSavings to Local Agencies. None. {f) Programs Mandated on Local Agencies or School Dis#ricts. None. (g) Casts Imposed on Any Local Agency or School District that is Required to be Reimbursed under Part 7 (commencing with Section 17500) of Division 4. None. (h} Effect on Housing Costs. None. 13 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(x)(1). Considers#ion 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 ac#ion. FISH AND GAM1= COMMISSION Jon K. Fischer Dated: February 8, 2011 Acting Executive Director 14 CO\IMISSIOti'EIIS Jim Kellogg, President EDMONb G. BRO\V~1, JR. Discovery Say ~ Richard Rogers, Vice President w,-:~`~ '' ~ ~ Montecito ' : ~; .x ~: Michael 5ut#oQ, Member Monterey ,, .~ Daniel W,ltiehards, Member Upland Governor Jack Baylis, Member Los Angeles STATE OF CALIFORNIA Fish and Game Commission February 18, 2011 1116 Ninih Street Sox 911109 Sacramento, C.4 912~l4-2090 {9/6J 653-1849 (916) 653-5010 Fax fgc@fgaca.gov This is to provide you with a copy of the notice of proposed regulatory action relative #o Section 632, Title 14, California Cade of Regulations, relating to Southeast Farallon Island Special Closure, which will be published in the California Regulatory Notice Register on February 18, 2011. Please note the dates of the public hearings related to this matter and associated deadlines for receipt .of written comments. Ms. Marija Vojko~ich, Marine Region Manager, Department of Fish and Game, phone (805) 568-'1246, has been designated to respond to questions on the substance of the proposed regulations. Sincerely, u Sherrie Fonbuena Associate Go~emmental 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, 202, 203.1, 205(c), 219, 220, 1590, 1591, 2860, 2861, and 6750, Fish and Game Code; and sections 36725(x) and 36725(e), Public Resources Code and to implement, interpret or make specific sections 200, 202, 203.1, 205(c), 219, 220, 1580, 1583, 2881, 5521, 6653, 8420(e), and 8500, Fish and Game Code; and sections 36700(e), 36710(e), 36725(x} and 36725{e}, Public Resources Code, proposes to amend Section 632, Ti#le 14, California Code of Regulations, relating to Southeast Farallon Island Special Closure. Informative DigestlPolicyStatement Overview On August 5, 2009, the California Fish and Game Commission {Commission} adapted regulations to implement marine protected areas (MPAs} in the north central coast region of California, the second study region considered under the Marine Life Protection Act (MLPA, State. 1999, ch. 1015). These regulations went into effect May 1, 2010. Subsequent to their implementation, an error was identified in the regulations for the special closure established at Southeast Farallon Island. As originally proposed by the Blue Ribbon Task Force {BRTF), the Southeast Farallon lsland Special Closure specified the area from Fisherman's Bay to East Landing be a seasonal closure only (from December 1 through September 14), thus allowing boat access during the remainder of the year. However, the regulation that was adopted and went into effect on May 1, 2010 did not include this seasonal component for the area, and was instead defined in regulation as a year-round closure. This error was identified through public tee#imony. A review of supporting documents from the regulation development process verified that the original intent was to make this portion of the special closure seasons! in nature, and that inclusion of a year-round closure in this area was a drafting error. Therefore, subsection 632(b}(33)(B) is proposed to be amended to add a seasonal component to the closure area between Fisherman's Bay and East Landing within the Southeast Farallon Island Special Closure, as originally intended and reflected in the maps and supporting documents. In addition, feedback from enforcement and the public has highlighted that the complexity of the regulations language describing boundaries and exceptions to year-round closure are confusing as described in the existing regulations. As a result of the confusion, there is heavy reliance on mapped images in order to understand the written boundaries. Therefore, subsection 632(b){33)(B) is proposed to be modified to improve clarity and ease public understanding by sub-dividing the description of areas that provide exceptions to year-round closure, and modifying only the description of the boundaries without modifying the boundaries. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held at the Embassy Suites Los Angeles International Airport-North, 9801 Airport Boulevard, Los Angeles, California, on Thursday, March 3, 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, relevant to this action at a hearing to be held in the Lake Natoma Inn, 702 Gold Lake Drive, Folsom, California, on Thursday, April Z, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard. [t is requested, but not required, that written comments be submitted on or before April 1~, 2011 at the address given below, or by fax at (916) 653-5040, or by a-mail to FGC(a7fgC.ca,QQV. Written comments mailed, faxed Or e-malted to the Cammission office, must be received before 5:00 p.m. on April 4, 2011. All comments must be received no later than April 7, 2011 at the hearing in Folsom, 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 I]irector, 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 Jon K. Fischer or Sherrie Fonbuena at the preceding address or phone number. Ms. Marija Vojkovich, Regional Manager, Department of Fish and Game, }hone (805} 568-1246, 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 propased action shall be posted on the Fish and Game Commission website at http:llwww.fgc.ca.gov. Availabili 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 da#e of adoption. 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 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 Business, 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. Allowing seasonal access to the area from Fisherman's Bay to East Landing, within the Southeast Farallon Island Special Closure, may reduce potential local adverse impacts identified in OAI_ File 2010-0413-02SR and may benefit the local economy. (b) Impact on the Creation or Elimination of .lobs within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California: None. (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) Casts or Savings to State Agencies or CostslSavings in Federal Funding to the State: Any additional costs to State agencies far enforcement, monitoring, and management of MPAs are difficult to estimate and depend on not only the impacts of the proposed regulation but also other regulations and processes. Given that the proposed activities were previously occurring in the area from Fisherman's Bay to East Landing, within the Southeast Farallon Island Special Closure, it is unlikely that changes to existing enforcement would be required. (e) Nondiscretionary CostslSavings 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 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. The Commission has drafted the regulations in Plain English pursuant to Government Cade 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 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: February 8, 2011 Acting Executive Director