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HomeMy WebLinkAboutFish & Game Notice 05.07.14 - Waterfowl RegulationsCommissioners Michael Sutton, President Monterey Richard Rogers, Vice President Santa Barbara Jim Kellogg, Member Discovery Bay Jack Baylis, Member Los Angeles Jacque Hostler-Carmesin, Member McKinleyville LEMON= STATE OF CALIFORNIA Edmund G. Brown Jr., Governor Sonke Mastrup, Executive Director 1416 Ninth Street, Room 1320 Sacramento, CA 95814 (916) 653-4899 (916) 653-5040 Fax www.fgc.ca.gov This is to provide you with a copy of the notice of proposed regulatory action relative to Amending Section 502, Title 14, California Code of Regulations, relating to Waterfowl Regulations for the 2014-2015 seasons,, which are published in the California Regulatory Notice Register on May 9, 2014. deadlines for receipt of wri,ften comments. Melanie Weaver, Wildlife Branch, phone (916) 445-3717, has been designated to respond to questions on'the substance of the proposed regulations. BUTTE COUNTY ADMINTST1i'.X110N MMIEW CAUFORNIA 612oltl.'e TITLE 14. Fish and Game Commission Notice of Proposed Changes in Regulations NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 202 and 355; reference sections 202, 355, and 356, Fish and Game Code; proposes to Amend Sections 360, 361, 362, 363 and 364, Title 14, California Code of Regulations (CCR), relating to Waterfowl Regulations for the 2014-2015 season. Informative Digest/Policy Statement Overview Current regulations in Section 502, Title 14, California Code of Regulations (CCR), provide definitions, hunting zone descriptions, season opening and closing dates, and establish daily bag and possession limits for waterfowl. Changes are proposed for several subsections of Section 502 which are generally described below. Regarding duck season lengths and bag limits, item 3 provides notice that other` framework regulations may change in 2014 when current biological information becomes available. Concerning geese, items 4, 5, and 6 require Flyway Council and Service approval to establish the final bag limits pursuant to the process described below. The Service will consider recommendations from the Flyway Council at their meeting on July 31 and August 1, 2014. At this time, the California Waterfowl Breeding Population Survey has not been conducted and the Service has not established federal regulation "frameworks" which will occur in August after the analysis of current waterfowl population survey, other data, input from the Flyway Councils and the public. The Department's proposals are as follows: 1. Modify the name of the Humboldt Bay South Spit Special Management Area to Humboldt Bay South Spit (West Side). 2. Increase the possession limit for coots and moorhens to triple the daily bag limit statewide. This change will make the possession limit for coots and moorhens consistent with those for other waterfowl throughout the state. 3. Provide a range of waterfowl hunting season lengths (which may be split into two segments) between 38 and 107 days (including 2 youth waterfowl hunt days) for all hunting methods. A range of daily bag limits is also given for ducks in all zones. Federal regulations require that California's hunting regulations conform to those of Arizona in the Colorado River Zone and with Oregon in the North Coast Special Management Area. See table below for season and bag limit ranges. 4. Increase the total daily bag limit for geese in the Northeastern California, Southern San Joaquin Valley, and the Balance of State zones from 10 to 25 geese per day; the Southern California Zone total daily bag limit for geese will increase from 10 to 18 geese per day. 5. Increase the total daily bag limit for white geese in the Northeastern California, Southern San Joaquin Valley, Southern California, and Balance of State zones from 10 to 15 white geese per day; the bag limit for white geese will increase from 10 to 15 per day in the Imperial County Special Management Area. 6. Increase the total daily bag limit for dark geese from 6 to 10 dark geese per day in the Northeastern California, Southern San Joaquin Valley, and Balance of State zones; increase the bag limit for dark geese from 3 to 4 per day in the Colorado River Zone; and increase the daily bag limit for Canada geese from 6 to 10 per day in the North Coast Special Management Area. 7. Since Special Management Areas are not a subset of Balance of State Zones (as might be implied by the present numbering of the regulation) it is recommended that the numbering of these provisions in 502(d)(5)(D) be revised. A new subsection "502(d)(6). Special -Management Areas" is proposed to replace 502(d)(5)(D), with subsequent renumbering of the following subparagraphs. Other references to this subsection are also changed. Also, minor editorial changes are proposed to clarify and simplify the regulations and to comply with existing federal frameworks. Benefits of the regulations The benefits of the proposed regulations are concurrence with Federal law, sustainable management of the waterfowl resources, positive impacts to jobs and/or businesses that provide services to waterfowl hunters will be realized with the continuation of adopting waterfowl hunting seasons in 2014-15. Non -monetary benefits to the public The Commission does not anticipate non -monetary benefits to the protection of public health and safety, worker safety, the prevention of discrimination, the promotion of fairness or social equity and the increase in openness and transparency in business and government. Evaluation of incompatibility with existinct re ulations The Commission has reviewed the Title 14, CCR, and conducted a search of any similar regulations on this topic and has concluded that the proposed amendments to Section 502 are neither inconsistent nor incompatible with existing state regulations. No other State agency has the authority to promulgate waterfowl hunting regulations. K Summary of Proposed Waterfowl Hunting Regulations AREA SPECIES SEASONS DAILY BAG & POSSESSION LIMITS Statewide Coots & Moorhens Concurrent wlduck season 251da . 25-75 in possession Northeastern Zone Ducks Between 38 & 105 days 4-7/day, which may include: 3-7 mallards Season maybe split for Ducks, no more than 1-2 females, Pintail Pintail, Canvasback,Scaup, and Dark and white Geese Canvasback Between 38 & 105 days 0-3 pintail, 0-3 canvasback, 0-3 redheads, Scaup 0-7 scaup. Possession limit triple the daily bag. Regular Season Dark geese: 100 days 10-251 day, which may include: 10-15 white Geese White geese: 73 days geese, 6-10 dark geese no more than 2 Large Late Season Canada geese. White geese: 32 days Possession limit triple the daily bag. Whitefronts: 5 days Southern San Joaquin Valley Zone Ducks Between 38 & 105 days 4-7/day, which may include: 3-7 mallards Season may be split for Ducks, Pintail no more than 1-2 females, 0-3 pintail, 0-3 Pintail, Canvasback and Scaup. Canvasback,- -Between 0 & 105 days canvasback, 0- 3 redheads, 0-7 scaup. Scaup Possession limit triple the daily bag. 10=25/ day, which may include: 10-15 white Geese 100 days geese, 6-10 dark geese. Possession limit triple the daily bag. Southern California Zone Ducks . Between 38 &100 days 4-7/day, which may include: 3-7 mallards no Season may be split for pucks, more than 1-2 hen mallards, 0-3 pintail, 0-3 Pintail Pintail, Canvasback and Scaup. Canvasback Between 0 &100 days canvasback, 0-3 redheads, 0-7 scaup. Scaup Possession limit triple the daily bag. 10-181 day, which may include: 10-15 white Geese 100 days geese, 3 dark geese. Possession limit triple the daily bag. Colorado River Zone Ducks Between 38 & 101 days 4-7/day, which may include: 3-7 mallards Season may be sprit for Ducks, Pintail, Canvasback and Scaup. no more than 1-2 females or Mexican -like Pintail Canvasback Between 0 & 101 days ducks, 0-3 pintail, 0-3 canvasback, 0-3 Scaup redheads, 0-7 scaup. Possession limit triple the daily bag. 101day, up to 10 white geese, up to 3-4 dark Geese 101 days geese. Possession limit triple the daily baq. Balance of State Zone Ducks Between 38 & 100 days 4-7/day, which may include: 3-7 mallards Season may be split for Ducks, Pintail, Canvasback, Scaup and no more than 1-2 females, Pintail Dark and White Geese. Canvasback Between 0 & 100 days 0-3 pintail, 0-3 canvasback, 0-3 redheads, Scaup 0-7 Scaup. Possession limit triple the daily bag. Early Season:5 days (CAGO oniy)Regular Season: 100 days 10-251 day, which may include: 10-15 white Geese Late Season: 5 days geese, 6-10 dark geese. Whitefronts and whitegeese) Possession limit triple the daily bag. Summary of Proposed Waterfowl Hunting Regulations, Continued SPECIAL SPECIES SEASON DAILY BAG & POSSESSION LIMITS MANAGEMENT AREAS 105 days except for Large 6-1 Dlday, only 1 may be a Canada geese which cannot Large Canada goose. North Coast All Canada Geese exceed 100 days or extend Possession limit triple the daily bag. Large Season maybe spot beyond the last Sunday in Canada geese are closed during the Late January. Season. Humboldt Bay South All species Closed during brant season Spit West Side Sacramento Valley White -fronted geese Open concurrently with general Dose season through Dec 21 31day. Possession limit triple the daily bag. Waterfowl season opens concurrently with Morro Bay All species Open in designated areas only brant season. Martis Creek Lake All species Closed until Nov 16 Northern Brant Black Brant From Nov 7 for 30 days 2/day. Possession limit triple the daily bag. Balance of State Brant Black Brant From the second Saturday in November for 30 days 2/day. Possession limit triple the daily bag. Imperial County White Geese 102 days 10-1 5/day. Possession limit triple the daily bag. Season mav be s tit YOUTH WATERFOWL SPECIES SEASON DAILY SAG & POSSESSION LIMITS HUNTING DAYS The Saturday fourteen days Northeastern Zone before the opening of waterfowl season extending for 2 days. The Saturday following the Southern San Joaquin closing of waterfowl season Valle Zone Y Same as regular extending for 2 days. Same as regular season The Saturday following the Southern California Zone season closing of waterfowl season extending for 2 days. The Saturday following the Colorado River Zone closing for waterfowl season extending for 2 days. The Saturday following the Balance of State Zone closing of waterfowl season extending for 2 days.__ FALCONRY OF DUCKS SPECIES SEASON DAILY BAG & POSSESSION LIMITS Northeastern Zone Same as regular Between 38 and 105 days Balance of State Zone Between 38 and 107 days Southern San Joaquin season Between 38 and 107 days 31 day, possession limit 9 Valley Zone Southern California Zone Between 38 and 107 days Colorado River Zone Ducks only Between 38 and 107 days Benefits of the regulations The benefits of the proposed regulations are concurrence with Federal law, sustainable management of the waterfowl resources, positive impacts to jobs and/or businesses that provide services to waterfowl hunters will be realized with the continuation of adopting waterfowl hunting seasons in 2014-15. Non -monetary benefits to the r)ublie The Commission does not anticipate non -monetary benefits to the protection of public health 4 and safety, worker safety, the prevention of discrimination, the promotion of fairness or social equity and the increase in openness and transparency in business and government. Evaluation of incom atibilit with existing regulations The Commission has reviewed the Title 14, CCR, and conducted a search of any similar regulations on this topic and has concluded that the proposed amendments to Section 502 are neither inconsistent nor incompatible with existing state regulations. No other State agency has the authority to promulgate waterfowl hunting 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 in the River Lodge Conference Center, 1800 Riverwalk Drive, Fortuna, California, on Wednesday, June 4, 2014, at 8:00 a.m., or as soon thereafter as the matter may be heard. NOTICE IS ALSO`GIVEN that any persdn interested may present statements, orally or in writing, relevant to this action at a hearing to be at the Hilton San Diego Mission Valley 901 Camino Del Rio South, San Diego, California, on Wednesday, August 6, 2014, at 8:00 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that written comments be submitted on or before July 24, 2014 at the address given below, or by fax at (916) 653-5040, or by e-mail to FGC(cDfgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission office, must be received before 5:00 p.m. on July 31, 2014. All comments must be received no later than August 6, 2014 at the hearing in San Diego. 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 Jon Sneilstrom at the preceding address or phone number. Melanie Weaver, Wildlife Branch, phone (916) 445-3717, 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 5 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 following initial determinations relative to the required statutory categories have been made. (a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The proposed action will not have a significant statewide adverse economic impact - directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulations are intended to provide additional recreational opportunity to the public. The response is expected to be minor in nature. (b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State's Environment: The Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California. The proposed waterfowl regulations will set the 2014-15 waterfowl hunting season dates and bag limits within the federal frameworks. Positive impacts to jobs and/or businesses that provide services to waterfowl hunters will be realized with the proposed regulations for the waterfowl hunting season in 2014-15. This is based on a 2011 US Fish and Wildlife national survey of fishing, hunting, and wildlife associated recreation for California. The report estimated that migratory bird hunters contributed about $169,115,000 to businesses in California during the 2011 migratory bird hunting season. The impacted businesses are generally small businesses employing few individuals and, like all small businesses, are subject to failure for a variety of causes. Additionally, the long-term intent of the proposed regulations is to sustainably manage waterfowl populations, and consequently, the long-term viability of these same small businesses. The Commission anticipates benefits to the health and welfare of California residents. Hunting provides opportunities for multi -generational family activities and promotes respect for California's environment by the future stewards of the State's resources. The Commission anticipates benefits to the State's environment by the sustainable management of California's waterfowl resources. The Commission does not anticipate any impacts to worker safety because the proposed amendments will not affect working conditions. C. (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 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: April 23, 2014 Executive Director 7