Loading...
HomeMy WebLinkAboutFish & Game Commission notice 2.27.09 - changes to Title 14, Mammal Hunting Regulations COMMISSIONERS Cindy Gustafson,President ARNOLD SCHWARZENEGGER JOHN CARLSON,JR. Tahoe City _ EXECUTIVE DIRECTOR dim Kellogg,Vice President 1416 Ninth Street Concord Box 944209 Richard Rogers,Member Sacramento,CA 94244-2090 Carpinteria (916)653-4899 Michael Sutton,Member (916)653-5040 Fax Monterey Governor fgc@fgc.cagov Daniel W.Richards,Member Upland STATE OF CALIFORNIA Fish and Game Commission WARD©FSUPERvlSORS February 27, 2009 MAR 0 4 2009 OROVILLE. CALIFORNIA TO ALL AFFECTED AND INTERESTED PARTIES: This is to provide you with a copy of the notice of proposed regulatory action relative to Sections 265, 353, 360, 361, 362, 3631 364, 365, 555 and 708, Title 14, California Code of Regulations, and relating to tag quota changes, clarifications and urgency changes for the 2009-2010 mammal hunting regulations, which will be published in the California Regulatory Notice Register on February 27, 2009. Craig Stowers, Wildlife Programs Branch, Department of Fish and Game, phone (916) 445-3553, has been designated to respond to questions on the substance of the proposed regulations. Documents relating to the proposed action shall be posted on the Fish and Game Commission website at hfto://www.fqc.ca.gov or may be obtained by writing to our office at the above address. incerely, Jon el trom Associat ovemment Program Analyst Attachment �C r s KAR 0 2009 - 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, 203.1, 331, 332, 1050, 1572, 3452, 3453, 4005,4009.5, 4751, 4902 and 10502 of the Fish and Game Code and to implement, interpret or make specific sections 200, 202, 203, 203.1, 207, 331, 332, 460, 713, 1050, 1570-1572, 1801, 3452, 3453, 3800, 3950, 3951,4005, 4009.5, 4330-4333, 4336, 4751, 4756, 4800-4805, 4902, 10500 and 10502 of said Code, proposes to amend Sections 265, 353, 360, 361, 362, 363, 364, 365, 555 and 708,Title 14, California Code of Regulations, relating to Mammal Hunting Regulations. Pursuant to the provisions of sections 203 and 203.1 of the Fish and Game Code, the Fish and Game Commission will consider populations, habitat,food supplies, the welfare of individual animals, and other pertinent facts and testimony in adopting season, bag and possession limits, and areas of take, and prescribe the manner and means of taking as part of the 2009-2010 Mammal Hunting Regulations. At the-Fish and Game Commission's meeting on February 5,2009, the Department of Fish and Game made the following recommendations for changes relative to game mammal regulations for the 2009-2010 seasons: proposes to amend sections 265, 353, 360, 361, 362, 363, 364, 555, and 708, Title 14, California Code of Regulations, to make tag quota changes, clarifications, and urgency changes for the 2009-2010 Mammal Hunting Regulations. Informative Di-gestlPolicy Statement Overview Section 265, Use of Dogs for PursuitlTake of Mammals of for Dog Training The dog control zone boundaries descriptions were last amended in 2002. Since that time, various roads and other map features used to delineate the dog control zone boundary have changed. This amendment seeks to update those dog control zone boundary descriptions to utilize current road alignments and designations. To the extent possible, the boundaries were retained in their same location. In some cases, the realignment of road resulted in minor location changes. It is not anticipated that dog handlers will have any unreasonable difficulty in understanding the new boundaries. The boundaries should be more accurate and easier comprehend using commonly available maps. Throughout the years the dog tracking and electronic retrieval devices have changed with technology. Dog treeing switches(devices consisting of a switch mechanism which results in a change in the transmitted signals when the dog raises its head to a treed animal)used to be made with a mercury switch: These mercury switches are currently illegal to use. There are now treeing switches used that use magnetic devices to activate the treeing switch. The requirement for the switch to be a"mercury switch "needs to be removed and any treeing switch device needs to be illegal. Treeing switches on dog collars are activated when a dog raises its head to bark at a treed animal. The activated switch sends a signal to the telemetry device the hunter carries. This activation lets the hunter know that an animal is treed. If the treeing switch were allowed,the hunter would have no need to follow the dogs on foot during the chase. The hunter could just wait until the treeing switch went off and walk to the tree and find the treed animal and dogs with telemetry equipment. Without the use of a treeing switch device, the hunter is required to follow the dogs on foot and be with the dogs when an animal is treed or be close enough to hear the barking of the dogs to determine if an animal is treed.The use of treeing switches on dog collars would limit the sporting aspect of fair chase. Section 353 Methods Authorized for Taking Big Game Subsection (f): OPTION#1: Existing regulations provide equipment restrictions to be used to take deer under the conditions of a muzziefoading rifle or muzzieldading rifle/archery deer tag. Currently, sight devices on muzzleloading rifles are restricted to open or"peep"type sights only. By limiting the sights to open or"peep"type sights, 1 a person's visual acuity becomes the primary factor in limiting the effective range of both modern(in-line) and traditional (flintlock,wheellock, matchlock and percussion)muzzleloading rifles. Recent advances.in muzzleloading rifles, propellants and projectiles have increased the power of muzzleloading rifles resulting in higher muzzle velocities and increased effective killing range. When combined with modern higher powered riflescopes the effective killing range of muzzleloading rifles has increased substantially, placing them on par with many modern centerf`ire rifles. Considering the increase in technological advances in the power of muzzleloading rifles and resulting effective downrange velocities, the primary intent of restricting the sight type was to maintain a semblance of"traditional" muzzleloading rifles by restricting their effective shooting distance through control of the sight mechanism. The Department has received several requests from visually impaired hunters to allow the use of scopes on muzzleloading rifles under the conditions of a muzzleloading riffle or muzzleloading riflelarchery deer hunt tag as a reasonable accommodation under the Americans with Disabilities Act of 1990(ADA). The primary concern of these entities is that various sight impairments prevent visually impaired hunters from participatirig in the muzzleloading rifle deer hunts, or preclude them from making accurate shots based on their inability to focus on either, the sights currently authorized, the target object, or both. A scope would provide the visually impaired with the ability to focus the scope,thus providing a clearer sight picture (generally a scope reticle), as well as a more well focused target object. The Department believes that allowing the use of any riflescopes(especially scopes in excess of one power; 1X magnification)on muzzleloading rifle deer hunts would result in an increase in deer harvest and hunter success. By allowing scopes with unlimited power on muzzleloading rifles, the effective shooting range is substantially increased due to the increased resolution and power provided by the scope's additional magnification. The increased effective range would ultimately.result in higher deer harvest and increased hunter success;thereby requiring a significant reduction in tag quotas, possible elimination of some muzzleloading rifle deer hunts, and a reduction in hunter opportunity. However, the Department believes that allowing the use of riflescopes not exceeding one power(1X magnification)would be a reasonable alternative. By limiting the scope power to 1 power(1X magnification)or less, the effective range of muzzleloaders would remain unchanged.and no significant change in deer harvest or hunter success would occur. A one power'(1X)scope would provide the visually impaired with a mechanism that would allow adjustment of the focus on both the sight mechanism (scope reticle)and the target object,thereby providing visual relief and a reasonable accommodation per their request under the ADA. The proposed regulation change would allow hunters, including those with visual impairments, to use rifle mounted scopes or other similar devices, not exceeding 1 power(1X)in magnification,while hunting deer under the conditions of a muzzleloading rifle or muzzleloading riflelarchery tag. No increase in deer harvest or loss of hunter opportunity would result from this action and the proposal is consistent with existing deer herd management plan recommendations. OPTION #2: Allow disabled muzzleloading rifle hunters that have, and can provide upon request by law enforcement personnel,written medical documentation attesting to their inability to use conventional muzzleloading rifle equipment to use a muzzleloading rifle with a scope during the muzzleloading rifle only hunts. This will result in creating another application process which the Department will have to implement and monitor, and depending upon the level of increased hunter success, may lead to tag quota reductions, possible elimination of hunts and unnecessarily reduce hunter opportunity. This alternative was included for consideration at the speck request of the Fish and Game Commission(meeting held February 5, 2009 in Sacramento). Subsection 0) There are currently no f=ish and Game Code laws or California Code of Regulations Title 14 regulations relating to the possession of a loaded muzzleloading firearm in a vehicle. There is a Penal Code section relating to the carrying of a loaded firearm in a public place, but this section does not cover some areas of the state where the Penal Code section is not applicable. These areas are commonly frequented by 2 hunters who travel these areas in vehicles. The Fish and Game Code addresses the carrying of both rifles and shotguns in vehicles but does not address muzzleloading firearms. The muzzleloading firearms do not fall under the Fish and Game Code laws at they relate to loaded firearms. By not having laws or regulations regulating the carrying of loaded muzzleloading firearms in either the Fish and Game Code or the California Code of regulations Title 14, wardens in the field cannot enforce safety regulations relating to the carrying of loaded muzzleloading firearms in vehicles unless the situation falls Under the authority of the Penal Code. The popularity of Muzzloader hunting has increased in recent years due to the increased technology in Muzzleloading firearms. Wardens have seen an increase in the public using muzzleloading firearms. Wardens have come across numerous hunters with loaded muzzleloading firearms in vehicles. The only thing a warden can do in these instances is explain the safety ramifications to the hunters. They have no authority to make the person unload the firearm. This is a safety to both the hunter and warden who is making the contact. With a regulation prohibiting the carrying of a loaded muzzleloading firearm in a vehicle, it will increase the safety for the hunter, public and wardens or others who contact hunters in public places. Section 360 subsection a Deer A 13 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 data are collected in March/April. Because severe winter conditions can have an adverse effect on herd recruitment and overwinter 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 8,575 5,000--15,000 133-5 33,000 30,000-40,000 D-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 11500 500-2,000 D-16 3,000 1,000-3,500 D-17 500 100-800 3 Deer: §360(a)A, B, C,and D Zone Hunts Tag Allocations Zone Current Proposed D-19 1,500 500-21000 Section 360, subsection (b), Deer X Zone 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 March/April. Because severe winter conditions can have an adverse effect on herd recruitment and overwinter adult survival,final tag quotas may fall below the proposed range. Existing regulations provide area descriptions for zones X-7a and X-7b. The area description for each zone references a campground which is no longer in existence. The proposal would delete references to this campground, thereby eliminating any confusion on the part of hunters. Deer: §360(b) X Zone Hunts Tag Allocations Zone Current Proposed X-1 2,280 1,000-6,000 X-2 180 50-500 X-3a 250 100-1,200 X-3b 845 200-3,000 X-4 425 100-1,200 X-5a 60 25-200 X-5b 85 50-500 X-6a 325 100-1,200 X-6b 375 100-1,200 X-7a 205 50-500 X-711b 125 25-200 X-8 230 100-750 X-9a 775 100-1,200 X-9b 325 100-600 X-9c. 325 100-600 X-10 400 100-600 X-12 850 100-1,200 Section 360,subsection(c),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, 4 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 March/April. 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 for hunting to begin on October 4 and continue for two(2)consecutive days and reopen on October 11 and continue for three(3)consecutive days in order to accommodate for 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 3 and October 10, respectively, in order to accommodate for Base operations. No loss of hunter opportunity would result from this action and the proposal is consistent with existing deer herd management plan recommendations. Deer: §360(c) Additional Hunts Tag Allocations Hunt Number(and Title) Current Proposed G-1 (Late Season Buck Hunt for Zone C-4) 2,850 500-5,000 G-3(Goodale Buck Hunt) 35 5-50 G-6 (Kern River Deer Herd Buck Hunt) 50 25-100 G-7(Beale Either-Sex Deer Hunt) 20 Military* 20 Military G-8(Fort Hunter Liggett Antlerless Deer Hunt) 10 Military*and 10 Military*and 10 Public 10 Public G-9(Camp Roberts Antlerless Deer Hunt) 15 Military*and 15 Military*and 15 Public 15 Public G-10(Camp Pendleton Either-Sex Deer Hunt) 400 Military* 400 Military G-11 (Vandenberg Either-Sex Deer Hunt) 500 Military*and. 500 Military*and DOD** DOD** 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 MuzAeloading Rifle 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 MuzzJeloading Rifle Either-Sex Deer Hunt) 150 50-150 M-8(Bass Hill Muzzleloading Rifle.Buck Hurt) 20 5-50 M-9(Devil's Garden Muzzleloading Rifle Buck Hunt) 15 5-100 M-11 (Northwestern California Muzzleloading Rifle 20 20-200 Buck Hunt) 2 Deer: §360(c) Additional Hunts Tag Allocations Hunt Number(and Title) Current Proposed MA-1 (San Luis Obispo Muzzleloading Rifle/Archery 150 20-150 Either-Sex Deer Hunt) MA-3(Santa Barbara Muzzleloading Rifle/Archery 150 20-150 Buck Hunt) J-1 Lake Sonoma Apprentice Either-Sex Deer Hunt) 25 10-25 J-3(Tehama Wildlife Area Apprentice Buck Hunt) 15 15-30 J-4 Shasta-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 15 10-20 Deer Hunt) J-9(Little Dry Creek Apprentice Shotgun Either-Sex 5 5-10 Deer Hunt) J-10(Fort Hunter Liggett Apprentice Either-Sex Deer 10 Military*and 10 Military"and Hunt) 75 Public 75 Public J-11 (San Bernardino Apprentice Either-Sex Deer 40 10-50 Hunt) J-12(Round Valley Apprentice Buck Hunt) 10 10-20 , J-13(Los Angeles Apprentice Either-Sex Deer Hunt) 40 25-100 J-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- 75 10-75 Sex Deer Hunt) J-17(Blue Canyon Apprentice Either-Sex Deer Hunt) 25 5.255 J-18(Pacific-Grizzly Flat Apprentice Either-Sex Deer 75 10-75 Hunt) J-19(Zone X-7a Apprentice Either-Sex Deer Hunt) 25 10110 J-20(Zone X-7b Apprentice Either-Sex Deer Hunt) 20 5-20 J-21 (East Tehama Apprentice Z=ither-Sex.Deer Hunt) 50 20-80 * Specific numbers of tags 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 Section 361,Archery Deer Hunts Existing 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 final number of tags cannot be determined until spring herd data are collected in-March/April. Because severe winter conditions can have an adverse effect on herd recruitment and overwinter 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 3 hunting on Saturdays, Sundays and holidays only beginning the first Saturday in October and continuing through November 9, except if rescheduled by the Base Commander between the season opener and December 31 with Department concurrence. The proposal would modify the season to account for the annual calendar shift by changing the season closing date to November 8. Archery Deer Hunting: §361 Tag Allocations Hunt Number(and Title) Current Proposed A-1 (C Zones Archery Only Hunt) 2,045 150-3,000 A-3(Zone X-1 Archery Hunt) 255 50-1,000 A-4(Zone X-2 Archery Hunt) 15 5-100 A-5(Zone X-3a Archery Hunt) 35 10-300 A-6(Zone X-3b Archery Hunt) 95 25.400 A-7(Zone X-4 Archery Hunt) 135 25-400 A-8(Zone X-5a Archery Hunt) 25 15-100 A-9(Zone X-5b Archery Hunt) 10 5-100 A-11 (Zone X-6a Archery Hunt) 55 10-200 A-12(Zone X-6b Archery Hunt) 140 10-300 A-13(Zone X-7a Archery Hunt) 60 10-200 AA 4 (Zone X-7b Archery Hunt) 20 5-100 A-15(Zone X-8 Archery Hunt) 55 5-100 A-16(Zone X-9a Archery Hunt) 150 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-20(Zone X-12 Archery Hunt) 200 50-500 A-21 (Anderson Flat 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 A-26(Bass Hill Archery Buck Hunt) 30 10-100 A-27(Devil's Garden Archery Buck Hunt) 10 5-75 A-30(Covelo Archery Buck Hunt) . 40 20-100 A-31 (Los Angeles Archery Either-Sex Deer Hunt) 1,000 200-1,500 A-32(VenturalLos Angeles Archery Late Season Either- 250 50_300 Sex Deer Hunt) A-33(Fort Hunter Liggett Late Season Archery Either-Sex 25 Military*and 25 Military"and Deer Hunt) 25 Public 25 Public *. Specific numbers of tags are provided for military hunts through a system 4 which restricts hunter access to desired levels and ensures biologically conservative hunting programs. Section 362 Nelson Bin Horn Sheep Existing regulations provide for the number of bighorn sheep hunting tags for each hunt zone. This proposed regulatory action would provide for tag allocations for most hunt zones pending final tag quota determinations based on survey results that should be completed by February of 2009.The final tag quotas will provide for adequate hunting opportunities while allowing for a biologically appropriate harvest of bighorn sheep. The following proposed number of tags was determined using the procedure described in Fish and Game Code Section 4902: HUNT ZONE NUMBER OF TAGS Zone 1 -Marble Mountains 4 Zone 2-Kelso Peak/Old Dad Mountains 6 Zone 3-Clark/Kingston Mountain Ranges 2 Zone 4-Oroco is Mountains 0 Zone 5-San Gorgonio Wilderness 0-2 Zone 6-Sheep Hole Mountains 1 Zone 7-White Mountains 3 Open Zone Fund-Raisin Tags 2 TOTAL 18-20 The number of tags allocated for each of the seven hunt zones is based on the results of the Department's 2008 estimate of the bighorn sheep population in each zone.Tags are proposed to allow the take of less than 15 percent of the mature rams estimated in each zone Section 363, Pronghorn Anteloue Existing regulations provide for the number of pronghorn antelope hunting 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 2009.The final tag quotas will provide for adequate hunting opportunities while allowing for a biologically appropriate harvest of bucks and does in specific populations. The proposed tag allocation ranges for the hunt zones areas set forth below. Pronghorn Antelope Tag Allocation Ranges-2009 Hunt Area Archery--Only General Season Season Period 1 Period 2 Buck Doe Buck Doe Buck Doe Zone 1 —Mount Dome 1-10 0-3 3-60 0-20 0 0 Zone 2—Clear Lake 1-10 - 0-3 5-80 0-25 0 0 Zone 3—Likely Tables 2-20 0-7 25-150 0-50 25-130 0-50 Zone 4—Lassen 2-20 0-7 25-150 0-50 25-150 0-50 5 Zone 5--Big Valley 1-15 0-5 3-150 0-50 0 0 Zone 5--Surprise Valley 1-10 0 3-25 0-7 0 0 Big Valley Apprentice Hunt NIA 1-15 either-sex 0 Lassen Apprentice Hunt NIA 1-15 either-sex 0 Surprise Valley Apprentice Hunt NIA 1-4 either-sex 0 Fund-Raising Hunt NIA 1 1-10 Buck Section 364, Elk Existing regulations specify elk license tag quotas for each hunt. In order to maintain 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 to adjust for fluctuations in population numbers. Periodic quota changes are necessary to maintain hunting quality in accordance with management goals and objectives. 2009 Proposed Elk TO Allocation Muzzle Muzzle- Murlre• loader loader loader Archery Archery Arc Hunt Name Antledess Either-Sex Bull Spike Bali Aaftless Ei her-sex Ether-Sex An lerless Bull Roosevelt Elk Siski au 0-30 0-30 Del Norte 0-20 0-10 Marble Mountains 0-80 Marble Mtns Apprentice 0 4 Klamath 0-20 0-20 Bi -Ugoon oon 0-10 Northwestem California 0-25 Rocky Mountain Elk Rocky Mtn Elk Northeastern 0-20 0-10 Northeastem Apprentice 0-4 'rule Elk Cache Creek 0-4 0-4 Cache Creek Apprentice .0-2 La Panza Period 1 0-12 0-12 Period 1 _LApPrentice 0-2 0-2 Period 2 0-12 0-12 Owens Valle Region wide 0-10 Bishop Period 1 Muzzleloader 0-10 0-30 0-10 Period 2 '.—Apprentice, '020 0-10 0-10 6 2 Proposed Elk Tag Allocation Muzzle- Muzzle- Muzzle- . loader loader loader Archery Archery Archery Hunt Name Antledess Either-Sex Bull Spike Bull AntleNess Either-sex Either-Sex Anderless Bull Period 3 0-30 0-10 0-10 Period 4 0-30 0-10 0-10 Period 5 0-30 0-10 0-10 Independence Period 1 Archery 0-10 0-30 0-10 Period 2 0-30 0-10 0-10 Period 3 0-30 0-10 0-10 Period 4 0-30 0-10 0-10 Period 5 0-30. 0-10 0-10 Lone Pine Period 1 Muzzleloader 0-10 0-30 0•-10 Period 2 0-30 0-10 0-10 Period 3 0-30 0-10 0-10 Period 4 0-30 0-10 0-10 Period 5 0-30 0-10 0-10 Tinemaha& W.Tnemaha Period 1 Archery 0-10 1 0-30 0-10 Period 2 0-30 0-10 0-10 Period 3 0-30 0-10 0-10 Period 4 0-30 0-10 0-10 Period 5 0-30 0-10 0-10 Grizzly Island Period 1 0-12 0-6 Period 1 Apprentice .0-2 0-2 Period 2 0-12 0-3 0-6 Period 2 Apprentice 0-2 Period 3 0-12 0-3 0-4 Fort Hunter Li ett Archery Only 0-6 0-10 Period 1 0-14 Period 1 ApErentice 0-4 Period 2 0-14 Period 3 0-14 Period 3 Apprentice 0-2 East Park Reservoir Period 1 0-2 Period 3 0-10 San Luis Reservoir 0-5 0-10 0-10 Existing regulations establish season dates for the Fort Hunter Liggett tule elft hunts. The proposed regulations for Fort 7 Hunter Liggett do not change the number of hunt days. The proposal slightly modifies the season dates for the period 3 bull hunt(including the apprentice hunt)from the fourth Saturday in December to the last Wednesday in December and the archery only either-sex hunt from the last Saturday in August to the first Thursday in September in order to accommodate military operations. Existing regulation establish season dates for the East Paris Reservoir tule elk hunts. The proposal for East Park Reservoir modifies the season dates for the bull elk hunt to match the dates for the antlerless elk hunts. Existing regulation establishes the number of fund raising tags available. The proposal converts one Grizzly Island fund raising tag to be valid in five elk zones without increasing the overall of fund raising tags available.The proposal diversifies elk hunting opportunities in other areas of the state without increasing the overall number of fund raising tags available. Section 365, Bear Existing subsection 365(a)(4),Title 14, California Code of Regulations, provides a description of the bear hunting area for the Southern California bear hunting area. This hunt area includes several counties in Southern California, including Santa Barbara County, adjacent to San Luis Obispo County.Currently, bear hunting in San Luis Obispo County is not allowed.The proposed regulation change enlarges the Southern California bear hunting area to include San Luis Obispo County to provide additional hunting opportunity. 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 insignificant to the bear population, and the cost of notifying all hunters by mail is an unnecessary expense. Section 555 Cooperative Elk Hunt Areas Existing regulations specify that hunters who purchase an elk tag from a Cooperative Elk Hunting Area must be a resident of California. SB 1032(Hollingsworth), signed by the Governor in September, 2006, eliminated the California residency requirement(beginning in 2007)for general season elk tag holders. California residency is also not required for the purchase of an elk tag under the Enhancement and Management of Fish and Wildlife and their Habitat on Private Lands(PLM)Program or the Fund-Raising License Tag Program.. To provide consistency among regulations,the proposed amendment eliminates the California residency requirements for hunters wishing to purchase an elk tag from a Cooperative Elk Hunting Area. The proposed amendment makes a change to a sub-section reference for payment of tag fees.The new reference accurately identifies the correct sub-section for the fees. Section 708 Big Game License Tqg.Application, Distribution and Reporting Existing regulations provide for the issuance of deer tags. This regulatory proposal would establish new definitions/classifications of deer hunts and the time frame that deer tags may be issued would be based on when the tag quota for the hunt or zone filled during the previous license year. This proposal would establish criteria for deer tag exchanges and eliminate most refunds for deer tag application fees under certain circumstances. Additionally,this proposed regulatory action would specify that the fee paid by the purchaser of a fund-raising elk or big horn sheep license tag would include the cost and processing fee of an annual hunting.license. 1�.� I. .. G• �x�i,' �YLi�qo�„, -; V t3 illd lose p° 1 I on u ate' aI I y U PREMIUM HUNTZONES emium Deer Hunt Tags shall include all deer hunt tags where the tag quota filled on or befo the first business day atter July 1 in the immediately preceding license year. A3 A3 ARCHERY HUNT IN ZONE X1 255 "6/1812008 7-SepZ28 255 Y First-Deer A4 A4 ARCHERY HUNT IN ZONE X2 15 -6/18/2008 7-Sep-08 15 Y First-Deer A5 A5 ARCHERY HUNT IN ZONE X3A 35 `6/18/2008 7-S 08 35 Y First-Deer AS A6 ARCHERY HUNT IN ZONE X313 95 "6/18/2008 7-Sep-08 95 Y First-Deer A7 A7 ARCHERY HUNT IN ZONE X4 135 `6/18/2008 7-Se 8 135 Y First-Deer A8 A8 ARCHERY HUNT IN ZONE X5A 25 `6/18/2008 7-Sep-08 1 25 Y - First-Deer 8 A9 A9 ARCHERY HUNT IN ZONE X513 10 -6/18/2008 7-Sep-08 1 10 Y First Deer A11 A11 ARCHERY HUNT IN ZONE X6A 55 *6/18/2008 7-Sep-08 55, Y First-Deer Al2 Al2 ARCHERY HUNT IN ZONE X6B 140 *6/18/2008 7-Sep-08 140 Y First-Deer A13 A13 ARCHERY HUNT IN ZONE X7A 60 *6/18/2008 7-Sep-08 60 Y First-Deer A14 A14 ARCHERY HUNT IN ZONE X7B 20 *6/18/2008 7-Sep-08 20 Y First-Deer A15 A15 ARCHERY HUNT IN ZONE X8 55 "6/18/2008 7-Sep-08 55 Y First-Deer A16 A16 ARCHERY HUNT IN ZONE X9A 150 *6/18/2008 7-Sep-08 150 Y First-Deer A20 A20 ARCHERY HUNT IN ZONE X12 200 -6/18/2008 7-Sep-08 200 Y First-Deer A21 A21 ANDERSON FLAT HUNT 25 *6/18/2008 21-Nov-08 25 Y First-Deer A24 A24 MONTEREY HUNT 100 *6/18/2008 9-Nov-08 100 Y First-Deer Issued brave 2008 Quota ' Saason tirawr tJpotx Application zONE DESCRIPTION Hunt in Lluota filled Date lose Dat im Requests Gsed To Apply' �,Quantl 46 A25 A25 LAKE SONOMA HUNT 35 *6/18/2008 27-Oct-08 35 Y First-Deer A26 A26 BASS HILL HUNT 30 *6/18/2008 7-Deo-08 30 Y First-Deer A27 A27 DEVILS GARDEN HUNT 10 *6/18/2008 9-Nov-08 10 Y First-Deer A30 A30 COVELO HUNT 40 *6/18/2008 23-Nov-08 40 Y First-Deer A33 A33 FORT HUNTER LIGGETT(LATE 25 "6/18/2008 9-Nov-08 25 Y First-Deer SEASON C L C ZONES GENERAL SEASON ONL 8,575 6/12/2008 26-Oct-08 3504 5071 N First-Deer D12 ZONE D12 950 6/12/2008 23-Nov-08 950 N First-Deer D17 ZONE D17 500 5/20/2008 2-Nov-08 500 N First-Deer GI G1 LATE SEASON HUNT IN C4 2,850 *6!1812008 2-Nov-08 2850 Y First-Deer G3 G3 GOODALE HUNT 35 *6/18/2008 21-Dec-08 35 Y First-Deer G6 G6 KERN RIVER DEER HERD HUNT 50 *6/18/2008 14-Dec-08 50 Y First-Deer G8 G8 FORT HUNTER LIGGETT HUNT 10 *6/18/2008 13-Oct-08 10 Y First-Deer G9 G9 CAMP ROBERTS HUNT 15 *6/18/2008 1-Sep-08 15 Y First-Deer G12 G12 GRAY LODGE HUNT 30 *6/18/2008 28-Sep-08 30 Y First-Deer G13 G13 SAN DIEGO HUNT 300 *6/18/2008 16-Nov-08 300 Y First-Deer G19 19 SUTTER-YUBA WILDLIFE AREAc 25 *6/18/2008 31-Dec-08 25 Y First-Deer HUNT G21 G21 VENTANA WILDERNESS HUNT 25 -6118/2008 30-Nov-08 25 Y First-Deer G37 G37 ANDERSON FLAT HUNT 25 *6/18/2008 30-Nov-08 25 Y First-Deer G38 G38 LATE SEASON HUNT IN X10 300 *6/18/2008 2-Nov-08 300 Y First-Deer G39 G39 ROUND VALLEY LATE SEASON 5 *6/18/2008 9-Nov-08 5 Y First-Deer J1 J1 LAKE SONOMA HUNT- 25 '6/18/2008 2-Nov-08 25 Y First-Deer J3 J3 TEHAMA WILDLIFE AREA HUNT- 15 *6/18/2008 30-Nov-08 15 Y First-Deer J4 J4 SHASTA-TRINITY HUNT- 15 *6/18/2008 30-Nov-08 15 Y First-Deer J7 J7 CARSON RIVER HUNT- 15 "6118/2008 26-Qct-08 15 Y First-Deer J8 J8 DAUGHERTY HILL WA HUNT- 15 "6/18/2008 31-Dec-08 15 Y First-Deer J9 J9 LITTLE DRY CREEK HUNT- 5 `6/18/2008 28-Sep-08 5 Y First-Deer J10 J10 FORT HUNTER LIGGETT HUNT 75 "6/18/2008 13-Oct-08 75 Y First-Deer J11 JI I SAN BERNARDINO HUNT- 40 *6/18/2008 23-Nov-08 40 Y First-Deer J12 J12 ROUND VALLEY HUNT- 10 *6/18/2008 21-Dec-08 10 Y First-Deer J13 J13 LOS ANGELES HUNT- 40 *6/18/2008 23-Nov-08 40 Y First-Deer J14 J14 RIVERSIDE HUNT- 30 6/1812008 23-Nov-08 30 Y First-Deer J15 J15 ANDERSON FLAT HUNT- 10 *6/18/2008 30-Nov-08 10 Y First-Deer JIG 16 SUCKS MOUNTAIN/NEVADA CITY 75 *6/18/2008 2-Nov-08 75 Y First-Deer " _: 0 Fill e�d Close T U ra " ratio K, -� DESCRIPTION rx� s0aba , i d •-- x.. �Qua a� ,.. a. Quint J17 J17 BLUE CANYON- 25 *6/18/2008 2-Nov-08 25 Y First-Deer J18 J18 PACIFICIGRIZZLY FLAT- 75 *6/18/2008 2-Nov-08 75 Y First-Deer J19 J19 HUNT IN ZONE VA- 25- *6/18/2008 19-Oct-08 25 Y First-Deer J20 J20 HUNT IN ZONE X78- 20 *6/18/2008 19-Oct-08 20 Y First-Deer J21 J21 EAST TEHAMA- 50 *6/18/2008 2-Nov-08 50 Y First-Deer MAI MA1 SAN LUIS OBISPO HUNT 150 `6/18/2008 14-Deo-08 150 Y First-Deer MA3 MA3 SANTA BARBARA HUNT 150 *6/1812008 14-Dec-08 150 Y First-Deer M3 M3 DOYLE HUNT 20 *6/18/2008 23-Nov-08 20 Y First-Deer M4 M4 HORSE LAKE HUNT 10 *6118/2008 .2-Nov-08 10 Y First-Deer MS M5 EAST LASSEN HUNT 10 *6/18/2008 2-Nov-08 10 Y First-Deer M6 M6 SAN DIEGO HUNT 80 611812008 31-Dec-08 80 Y First-Deer M7 M7 VENTURA HUNT 150 *6/18/2008 14-Dec-08 150 Y First-Deer M8 M8 BASS HILL HUNT 20 *6/18/2008 2-Nov-08 20 Y First-Deer M9 M9 DEVIL'S GARDEN HUNT 15 "611812008 9-Nov-08 15 Y First-Deer 9 M19 M11 NW CALIFORNIA BUNT 20 '6/18/2008 23-Nov-08 20 Y First-Deer X1 ZONE X1 2,280 "6/18/2008 19-Oct-08 2280 Y First-Deer X2 ZONE X2 180 '6/18/2008 19-Oct-08 180 Y First-Deer X3A ZONE X3A 250 *6/18/2008 19-Oct-08 250 Y First-Deer X3B ZONE X36 845 *6/18/2008 19-Oct-08 845 Y First-Deer X4 ZONE X4 425 '6/18/2008 19-Oct-08 425 Y First-Deer X5A ZONE X5A 60 *6/18/2008 19-Oct-08 60 Y First-Deer X5B ZONE X513 85 "611812008 19-Oct-08 85 Y First-Deer X6A ZONE X6A 325 "6/18/2008 19-Oct-08 325 Y First-Deer X613 ZONE X613 375 '6/18/2008 19-pct-08 375 Y First-Deer X7A ZONE X7A 205 *6/18/2008 19-Oct-08 205 Y First-Deer X76 ZONE X78 125 *6/18/2008 19-Oct-08 125 Y First-Deer X8 ZONE X8 230 *6/18/2008 12-Oct-08 230 Y First-Deer X9A ZONE X9A 775 *6/18/2008 13-Oct-08 775 Y First-beer X913 ZONE X96 325 *6/18/2008 13-Qct-08 325 Y First-Deer X9C ZONE X9C 325 *6/18/2008 9-Nov-08 325 Y First-Deer X10 ZONE X10 400 *611$12008 12-Oct-08 400 Y First-Deer X12 ZONE X12 850 *6/18/2008 13-Oct-08 850 Y First-Deer "Qpata $8asan pQ d 2008 Drawn U n Draw 4 ZONE" DESCRIPTIpN filled Close atlon Applic Qaata Date uantr 17equesk liurrtn 2008 Used Tb Apply . ..:- � .Ztuantr . . .. Restricted Deer Hunt Tags shall include all non-Premium deer hunt tags where the tag quo RESTRICTED HUNT ZONES filled on or before the first business day after August 1 in the immediately preceding license r. Al ***Al ARCHERY HUNT IN C ZONES 2,045 9-Jul-08 I 7-Sep-08 I 911 1134 Y First&Second D6 ZONE D6 1 10.000 4-Aug-08 I 2-Nov-08 1 4127 5$73 N. First&Second UNRESTRICTED HUNT ZONES nrestricted Deer Hunt Tags shall include all deer hunt tags where the tag quota did not fill a or before the first business day after August 1 in the immediately preceding license year. AO **AO#1 &AO#2 ARCHERY ONLY 99,999 23-Nov-08 645 4223 N First&Second A17 All 7 ARCHERY HUNT IN ZONE X913 300 7-Sep-08 73 118 Y First&Second A18 All 8 ARCHERY HUNT IN ZONE X9C 350 7-Sep-08 36 65 Y First&Second A19 A19 ARCHERY HUNT IN ZONE X10 120 31-Aug-08 12 39 Y First&Second A22 A22 SAN DIEGO HUNT 1,000 17-Dec-08 31-Dec-08 76 924 Y First&Second A31 A31 LOS ANGELES HUNT 1,000 12-Sep-08 31-Dec-08 269 731 Y First&Second A32 A32 VENTURA S ANGELES LATE SEASON 250 30-Nov-08 25 106 Y First&Second .. A ZONE A 65,000 21-Sep-08 3417 27988 N First&Second B ALL B ZONES 55.500 26-Oct-08 4267 34799 N First&Second 133-5 ZONES D3,D4,AND D5 33,000 2-Nov-08 4706 24628 N First&Second D7 ZONE D7 9,000 19-Au -08 2-Nov-08 1422 7578 N First&Second �a .S�SUe�, 3 t 2008 , DfBwn la 0, Z� DESCRIPTION r w" APP1iaa4to - �, - Y e �. II�cI r. � GIQS'C t.a;� , 'mill,_:� `�C z q s�a ''i k� d 8 Ord ,R�.@(�Uest M-:..9zw, '...,e.r� .,�n,._..t...:: a.,f.n_ .,. t.�.."�� iJatilt D8 ZONE D8 8,000 26-Oct-08 1042 6347 N First&Second D9 ZONE D9 2,000 14-Aug-08 26-Oct-08 639 1361 N First&Second D10 ZONE D10 700 26-Oct-08 94 454 N First&Second Di i ZONE D11 ALSO D13 AND 015 5,500 9-Nov-08 217 4300 N First&Second D13 ZONE D13 ALSO DI AND D15 4,000 9-Nov-08 279 2885 N First&Second D14 ZONE D14 3,000 9-Nov-08 325 2672 N First&Second D15 ZONE D15 ALSO D11 AND D13 1,500 1 9-Nov-08 38 382 N First&Second D16 ZONE 016 3,000 23-Nov-08 198 2311 N First&Second D19 ZONE D19 1,500 2-Nov-08 72 1284 N First&Seoond *2008 Draw was run on June 18,2008 **A0#1 &AO#2 are combined for 2008 to reflect change in 2009 for Archery Only In 2008 this zone was a Premium Hunt Zone 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 Bali Room, Yolo Fliers Club, 17980 County Road 94B,Woodland, California,on Wednesday, March 4, 2009 at 10:00 a.m., or as soon thereafter as the matter may be heard. 10 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 Garden Ball Room, Wine& Roses Country Inn, 2505 W Turner Road, Lodi, California, on Thursday,April 9, 2009 at 8:30 a.m., or as soon thereafter as the matter may be heard. NOVICE IS FURTHER GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a teleconference hearing to be held in the Fish and Game Commission Conference Room 1320, Resources Building, 1416 a Street, Sacramento, California, on Tuesday, April 21, 2009 at 9:30 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 21, 2009 at the address given below, or by fax at(916)653-5040, or by,e-mail to FGC(a_f4c.ca.Qov.Written comments mailed,faxed or e-mailed to the Commission office, must be received before 5:00 p.m.on April 20, 2009.All comments must be received no later than April 21, 2009 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 considerafions and all information upon which the proposal is based(rulemaking tile), are on file and available for public review from the agency representative, John Carlson, Jr., Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090, phone(916)6534899. Please direct requests for the above mentioned documents and inquiries concerning the regulatory process to John Carlson,Jr., or Jon Snellstrom at the preceding address or phone number. Craig Stowers,Wildlife Programs Branch, Department of Fish and Game, phone(916)445-3553, 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, maybe obtained from the address above. Notice of the proposed action shall be posted on the Fish and Game Commission website at http:/Iwww.fgc.ca.gov. Availability of Modified Text If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed,they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.)or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15-day comment period, and the Commission will exercise its powers under Section 202 of the Fish and Game Code. Regulations adopted pursuant to this section are not subject to the time periods for adoption, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Code_ Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final statement of reasons may be obtained from the address above when it has been received from the agency program staff. Impact of Regulatory Action 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: Section 265-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. These proposals are economically neutral to business. Section 353-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 modifies method of take regulations for existing hunts. Given the number of tags available and the area over which they are distributed, these proposals are economically neutral to business. Sections 360,361, 362, 363,364, 365, 555 -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. 11 Section 708-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 the issuance of deer tags. These proposals are economically neutral to business. The following"impacts of Regulatory Action apply to all sections in this notice: (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 a Representative Private Person or Business: The Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. (d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: None.. (e) Nondiscretionary Costs/Savings to Local Agencies: None. (f) Programs Mandated on Local Agencies or School Districts: None. (g) Costs Imposed on any Local Agency-or School District that is Required to be Reimbursed Under Part 7 (commencing with Section 97500)of Division 4: None_ (h) Effect on Housing Costs: None. Effect on Small Business It has been determined that the adoption of these regulations may affect small business. Consideration of Alternatives The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission,would be more effective in carrying out the purpose 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 17, 2009 Deputy Executive Director 12