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HomeMy WebLinkAboutFish & Game Notice 01.13.15 - relating to taking wildlife with firearms Commissioners STATE OF CALIFORNIA Michael Sutton,President. Edmund C. Brown Jr., Governor Sonke Mlastrup,Executive Director Monterey 1416 Ninth Street, Room 1320 Jack Baylis,vice President Sacramento,CA 95814 Las Angeles (916)653-4899 Jim Kellogg, Member Fish and Game Commission (916)653-5040 Fax Discovery Bay Richard Rogers, Member ��r w�vay.tgc.ca.cJov Santa Barbara Jacque Hostler-Carmesin,Member Btl77t;" McKinleyville ADMtPVlST-R- 2015 January 13, 2616 JAN 2 0 01. CAUFORNIA TO ALL INTERESTED TED AND AFFECTED PARTIES: This is to provide you with a copy of the notice of proposed regulatory action relative to Amending Sections 311, 363, 464, 46 S, 475, and 436; repealing Section 366; and, adding Section 256.1, Title 14, California Code of Regulations, relating to the prohibition on the use of lead projectiles and ammunition using lead projectiles for the take of wildlife with firearms, which will be published in the California Regulatory Notice Register on January 16, 2014. Please note the dates of the public hearings related to this matter and associated deadlines for receipt of written comments. additional information and all associated documents may be found on the Fish and Game Commission website at f c.ca.gov. Craig art , Department of Fish and Wildlife, phone ) 653-4674, has been designated o respond to questions on the substance of the proposed regulations. ;Sincerely, r f i Garen 'oodso�n Associate Governmental Program analyst Attachment r TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by Sections 200, 202, 203, 355, 356, 3003.1, 3004.5, 3800, 4009.5, and 4150 of the Fish and Game Code and to implement, interpret or make specific Sections 200, 202, 203, 203.1, 206, 207, 215, 220, 355, 356, 2005, 2055, 3003.1, 3004.5, 3683, 3800, 3950, 4000, 4001, 4002, 4003, 4004, 4009.5, 4150, and 4902 of said Code, proposes to amend 311, 353, 464, 465, 475, and 485; repeal Section 355; and, add Section 250.1, Title 14, California Code of Regulations, relating to prohibition on the use of lead projectiles and ammunition using lead projectiles for the take of wildlife with firearms. Informative DiciesVPolicy Statement Overview Informative Digest/Policy Statement Overview Assembly Bill 711 (Chapter 742, Statutes of 2013) was signed by the Governor on October 11, 2013, and took effect on January 1, 2014. This legislative action amended Section 3004.5 of the Fish and Game Code, and requires the Fish and Game Commission (Commission)to promulgate regulations to ban the use of lead ammunition when taking any wildlife with a firearm not later than July 2019. The new law expands the existing requirement to use nonlead ammunition within the California condor range and requires the Commission to.- • Promulgate regulations by July 1, 2015, that phase in the requirements of Section 3004.5; • Require partial or full implementation of the new regulations, if practicable, before July 1, 2019; and • Maintain existing condor range restrictions and nonlead certification process until the new regulations are implemented. The Department of Fish and Wildlife (Department) held a series of 16 public meetings . throughout the state between January and August 2014. In addition, the Department provided presentations at the Commission's Wildlife Resources Committee (WRC) meetings in January, July, and September 2014 outlining proposals to phase in the required use of nonlead ammunition for the taking all wildlife with a firearm by July 2019. The Department's revised regulatory recommendation, shown below, was presented at the Commission's September 2014 WRC meeting. Phase 1 - Starting July 1, 2015, nonlead ammunition will be required for taking all wildlife on state Wildlife Areas and Ecological Reserves. These Department lands constitute approximately 925,000 acres in California, with high ecological values and relatively large numbers of hunters. In addition to hunters on Department lands, nonlead ammunition will be required for hunters taking Nelson bighorn sheep anywhere in California. This requirement will affect a small number of hunters as very limited numbers of Nelson bighorn sheep tags are issued annually. In 2014, fourteen tags were issued in California. Phase 2 - Starting July 1, 2016, nonlead ammunition will be required when taking upland game birds with a shotgun, except for dove, quail, and snipe, and any game birds taken on licensed game bird clubs. In addition, nonlead ammunition will be required when taking wildlife, as required by the amendments to Section 3005.5 of the Fish and Game Code. Phase 1 - Effective July 1, 2015, it shall be unlawful to use, or possess with any firearm capable of firing, any projectile(s) not certified as nonlead when taking: (A) Nelson bighorn sheep as authorized by Fish and Game Code Section 4902; or (B) All wildlife in any wildlife area or ecological reserve, as described in sections 551, 552 and 630 of these regulations. Phase 2 - Effective July 1, 2016, it shall be unlawful to use, or possess with any shotgun capable of firing, any projectile(s) not certified as nonlead as described in subsection (b)(3) when taking: (A) Upland game birds as included in Fish and Game Code Section 3683, except for dove, quail, snipe, and any game birds taken under the authority of a licensed game bird club as provided for in sections 600 and 600.4 of these regulations; (B) Resident small game mammals as defined in Section 257 of these regulations; (C) Fur-bearing mammals as defined by Fish and Game Code Section 4000; (D) Nongame mammals as defined by Fish and Game Code Section 4150; (E) Nongame birds as defined by Fish and Game Code Section 3800; or (F)Any wildlife for depredation purposes, regardless of whether the take is authorized by a permit issued pursuant to sections 401 or 402 of these regulations. Phase 3 - Effective July 1, 2019, it shall be unlawful to use, or possess with any firearm capable of firing, any projectile(s) not certified as nonlead when taking any wildlife for any purpose in this state. Subsection (e) continues the existing restrictions on the use of lead ammunition in the condor range, as required by subdivision (i) of Fish and Game Code Section 3004.5. These restrictions are currently set forth in subsection (h) of Section 353 and subsection (f) of Section 475. This section will be repealed when the statewide ban on the use of lead ammunition when taking wildlife goes into effect on July 1, 2019. Subsection (f) contains the language specifying the nonlead ammunition certification process moved and updated from existing Section 355. Amend Section 311, Title-14, CCR. This section will be amended to add cross reference to the new 250.1 regulations to improve clarity and consistency of the regulations. This revision will align and simplify Title 14 regulations. Amend Section 353 Title 14 CCR. This section will be amended to remove subsection (h) since the definition of nonlead projectiles and methods of take within the condor range are integrated in subsections (d)(3) and (e) of the new Section 250.1, Title 14, CCR, with an added cross reference to the new section. Other proposed amendments will revise the current exceptions in subsection (a) into two subsections (definitions and exceptions) along with minor changes to improve clarity and consistency of the regulations. 3 Commission office, must be received before Noon on April 3. All comments must be received no later than April 9, 2015, at the hearing in Santa Rosa, California. 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, Sonke Mastrup, 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 Sonke Mastrup or Caren Woodson at the preceding address or phone number. Craig Martz, Department of Fish and Wildlife, phone (916) 653-4674, 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://www.fgc.ca.gov. Availability of Modified Text If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the.Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15-day comment period, and the Commission will exercise its powers under Section 202 of the Fish and Game Code. Regulations adopted pursuant to this section are not subject to the time periods for adoption, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4 and 11346.8 of the Government Code. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final statement of reasons may be obtained from the address above when it has been received from the agency program staff. Impact of Regulatory__Action/Results of the Economic Impact Analysis The potential for significant statewide adverse economic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (a) Significant Statewide Adverse Economic Impact Directly Affecting Business, Including the Ability of California Businesses to Compete with Businesses in Other States: The Commission does not anticipate significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The principle businesses that are expected to be impacted by the proposed regulatory changes are manufacturers and retailers of hunting equipment and businesses that serve hunters on recreational hunting trips. The proposed implementation schedule is structured to limit expected impacts on hunters 5 Department. If full implementation precipitates a five percent decline in hunting activity, the Department license and tag sales revenue could be reduced by approximately $1 million. However, past experience with restricting the use of lead ammunition in the condor range suggests that potential declines in license and tag sales will be less than five percent (for more detail on changes in tag sales within the condor range, please see pages 17-19 in the attached Standardized Regulatory Impact Assessment). Any potential reduction in the number of licenses sold is not expected to significantly impact Federal Pittman-Robertson Funding allocations to the state. The impact of a potential decline in hunting activity of five percent is estimated to result in an approximately$34,000 drop in the state's Pittman-Robertson allocation. The state may experience a decline, but it will be more a function of an anticipated drop in the total quantity of funds collected across the country. (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 17500) of Division 4, Government Code: None. (h) Effect on Housing Costs: None. Effect on Small Business It has been determined that the adoption of these regulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code sections 11342.580 and 11346.2(a)(1). Consideration of Alternatives The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. FISH AND'GAME COMMISSION Sonke Mastrup Dated: Executive Director 7