HomeMy WebLinkAboutFish & Game Notice 06.18.13 - Sections 502 & 510Commissioners
Michael Sutton, President
Monterey
Richard Rogers, Vice President
Santa Barbara
Jim Kellogg, Member
Discovery Bay
Jack Baylis, Member
Los Angeles
Jacque Hostler-Carmesin, Member
MclCinteyviite
Jlane 18, 2013
STATE OF CALIFORNIA
Edmund G. Brown ,fr., Governor
Fish and Game Commission
~iio
l
TO ALL INTERESTED AND AFFECTED PARTIES:
Sonke Mastrup, Executive Director
141$ Ninth Street, Raam 1320
Sacramento, CA 951314-
(916) 653-4899
{916) 653-5044 Fax
www.fgc.ea.gov
This is #o provide you with a copy of the notice of proposed regulatory action relative to
sections 502 and 510, Title 14, California Code of Regulations, relating to watert'owl
hunting, which will be published in the California Regulatory Notice Register on .tune 21,
2013.
Please note the dates of the public hearings related to this matter and associated
deadlines for receipt of written comments.
Dr, Eric .Loft, Chief, Wildlife Branch, Department of Fish and Game, phone
(916) 445-3555, has been designated to respond to questions on the substance of
the proposed regulations.
Sincerely,
eri Tiemann
f .Staff Services Analyst ~SDOFStII}ERVI~RS
Attachment JUN 2 4 2013
o~viui:, cAU~oi~ll~
Y1 ~ .
1
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 242 and 355 of the Fish and Game Code and to implement,
interpret or make specific sections 202, 355, and 356 of said Cade, proposes to amend Section
502, Title 14, California Code of Regulations, relating to waterfowl hunting.
Informative DigestlPolic~tatement Overview
Current regulations in Section 552, Title 14, California Code of Regulations (CCR), provide
definitions, hunting zone descriptions, season opening and closing dates, and establish daily
bag and possession limits. In addition to the nine proposals contained herein, the U.S. Fish and
Wildlife Service (Service), after analysis of waterfowl population sur--ey and other data, may
change federal regulations; if this occurs, changes in existing and proposed regulations in
California may be necessary. Changes in federal regulations for season opening and closing
dates, elimination or creation of special management areas, season length, and daily bag limits
for migratory birds may occur. Items 2, 3, 5, and 8 require changes in the federal regulations
and must be approved by the Pacific Flyway Council at its meeting on July 26, 2013. item 9
(including the table below) provide a proposed range of season dates and bag limits for
waterfowl. The Service will consider recommendations from the Flyway Council at their meeting
on July 31 and August 1, 2013. 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. Also, minor editorial changes
are proposed to clarify and simplify the regulations and to comply with existing federal
frameworks.
The benefits of the proposed regulations are concurrence with Federal law,. sustainable
management of the waterfowl resources, positive impacts to jobs andlor businesses that
provide services to waterfowl hunters will be realized with the continuation of adopting waterfowl
hunting seasons in 2013-2014.
The Commission does not anticipate non-monetary benefts 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.
The proposed regulations are neither inconsistent nor incompatible with existing State
regulations. No other State agency has the authority to promulgate waterfowl hunting
regulations.
The Department's proposals are as follows:
1. Modify the definition of White geese to include the blue phase of both Ross' and snow
geese. .
2. Increase the possession limit to triple the daily bag limit for Brant, ducks, and geese in all
zones.
3. Increase the white goose bag limit in all zones from 6 geese per day to 10 geese per day.
This change will also result in an increase in the total bag limit from. 8 per day to a total of 10
geese per day.
4. Increase the white goose season length in the Northeastern Zone to 107 days, split the
season into two segments, and allow hunting for white geese after the fast Sunday in
January.
5. Increase the white-fronted goose season length in the Northeastern Zone to 107 days, split
the season into two segments, and allow hunting for white-fronted geese after the last
Sunday in January.
6. Amend the language in the Balance of State Zane Late Season goose hunt to "During the
Late Season, hunting is not permitted on wildlife areas listed in Sections 550-552 EXCEPT
Type C wildlife areas in the North Central and Central regions."
7. Amend the language in the North Coast and Imperial County Special Management areas
Late Season goose hunt to "I]uring the Late Season, hunting is only permitted on private
lands with the permission of the land owner."
8. Increase the daily bag limit ofwhite-fronted geese in the Sacramento Valley Special
Management Area to 3.
9. 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 al! 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.
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Summary of Proposed Waterfowl Hunting Regulations
AREA SPECIES SEASONS DAILY BAG 8< POSSESSION LIMITS
Statewide Coots & Moorhens Concurrent wlduck season 251da . 25 in ossession
Northeastern Zone Ducks Between 38 & 105 days 4-71day, which may include: 3-7 mallards
Season maybe split for Ducks,
Pintail no more than 1-2 females,
Pintail, Ganvasback,Scaup, 0-3 pintail, 0-3 canvasback, 0-3 redheads,
and Dark and White Geese Canvasback Between 38 & 105 days 0-7 Scaup.
Scaup Possession limit double-tri le the dais ba .
Regular Season
Dark geese: 100 days 8-101 day, which may include: 6-10 white
Geese White geese: 73 days geese, 6 dark geese no more than 2 Large
Late Season Canada geese.
White geese: 32 days Possession limit double-triple the daily bag.
Whitefronts: 5 da s
Southern San Joaquin Ducks Between 38 ~ 105 days 4-71day
which may include: 3-7 mallards
Valley Zone
Pintail ,
no more than 3-2 females, 0-3 entail, 0-3
P~
Season maybe spot far Ducks,
Pintail, Canvasback and Scaup. Canvasback Between 0 & 105 days canvasback, 0- 3 redheads, 0-7 Scaup.
Scaup Possession limit double-triple the daily bag.
8-101 day, which may include: 6-10 white geese,
Geese 100 days 6 dark geese.
Possession limit double-tri le the dail ba .
Southern California Zone Ducks Between 38 8~ 105 days 4-71day, which may include: 3-7 mallards no
Season maybe split fQf DpckS, more than 1-2 hen mallards, 0-3 pintail, 0-3
Pintail, Canvasback and Scaup. Pintail canvasback, 0_3 redheads, 0-7 Scaup.
Canvasback Between 0 & 105 days Possession Limit
Scaup double-tri le the dais ba .
8-101 day, which may include: 6-10 white
Geese 100 days geese, 3 dark geese. Possession limit double-
tri le the dail ba .
Colorado River zone Ducks Between 38 & 105 days 4-71day, which may include: 3-7 mallards
no more than 1.2 females or Mexican-like
Pintail ducks, 0-3 pintail, 0-3 canvasback, 0- 3
Canvasback Befixeen 0 8 105 days redheads, 0-7 Scaup.
Scaup Possession limit double-tri le the dail ba .
6-101day, up tv 6-10 white geese, up to 3 dark
Geese Between 101 & 105 days geese.
Possession limit double-tri le the dail ba .
Balance of State zone Ducks Between 38 & 105 days 4-71day,which may include: 3-7 mallards
Season maybe split for Ducks, no mare than 1-2 females,
Pintail, Canvasback, Scaup and Pintail 0-3 pintail, 0-3 canvasback, 0-3 redheads,
Dark and White Geese. Canvasback Between 0 & 105 days 0-7 Scaup.
Scaup Possession limit double-fri le the doll ba .
Early Season:5 days (CAGO 8_101 day, which may include: 6-10 white
Geese only)Regular Season: 100 days geese
6 dark geese.
Late Season: 5 days ,
possession limit double-triple the daily bag.
whitefronts and white eese
Summary of Proposed Wa#erfowl Hunting Regulations, Continued
SPECIAL AREA 5PECIES SEASON DAILY BAG & POSSESSION LIMITS
105 days except for Large Blday, only 1 may be a Large Canada goose.
North Coast
All Canada Geese Canada geese which can not
exceed 100 days or extend
Possession limit double triple the daily bag.
Season maybe split beyond the last Sunday in Large Canada geese are closed during the
Janua Late Season.
Humboldt Bay South All species Closed during brant season
S it
Sacramento Valley White-fronted geese Open concurrently with general 2-31day. Possession limit double-triple the daily
oose season throw h Dec 21 ba .
Morro Bay' Ail species Open in designated areas only waterfowl season opens concurrently with
Brant season.
Maros Creek Lake All species Closed until Nov 16
Northern Brant Black Brant From Nov 7 for 30 days 21day. Possession limit double-triple the daily
ba .
Balance of State Brant Black Brant From the second Saturday in 2lday. Possession limit double-triple the daily
November for 30 da s ba .
Imperial County ~ White Geese 102 days 61day. Possession limit double-triple the daily
Season may be split ba .
YOUTH WATERFOWL
HUNTItdG DAYS SPEGIES SEASON DAILY BAG 8 POSSESSION LIMITS
The Saturday fourteen days
Northeastern Zone before the opening of waterfowl
season extendin for 2 da s.
Southern San Joaquin The Saturday following the
Valley Zane closing of waterfowl season
extendin for 2 da s.
Same as regular The Saturday following the Same as regular season
Southern California Zone season closing of waterfow! season
extendin for 2 da s.
The Saturday following the
Colorado River Zone closing for watertowl season
extendin for 2 da s.
The Saturday following the
Balance of State Zone closing of waterfowl season
extendin for 2 da s.
FALCONRY OF DUCKS SPECIES SEASON DA{LY BAG 8 POSSESSION LIMITS
Northeastern Zone Between 38 and 105 da s
Balance of Sta#e Zone Between 38 and 107 da s
Same as regular
Southem San Joaquin
Valle Zone season Between 38 and 107 days 31 day, possession .limit 6-9
Southern California Zone Between 38 and 107 da s
Colorado River Zone []ucks only Between 38 and 107 days
relevant to this action at a hearing to be held at the Department of Consumer Affairs, 1625
North Market Boulevard, Sacramento, California, on Wednesday, June 26, 2013, 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 an Wednesday, August 7, 2013, at
8:30 a.m., or as soon thereafter as the. matter may be heard. The exact location of this meeting
has not yet been determined. When this information is available, a continuation native will be
sent to interested and affected parties. The continuation notice will also be published in the
Regulatory Notice Register. Written comments must be submitted by August 5, 2013 at the
address given below, or by fax at (916) 653-5040, or bye-mail to .All
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comments must be received no later than August 7, 2013, at the hearing. 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 Sheri Tiemann at the preceding address or phone number. Dr, Eric Loft,
Chief, Wildlife Branch, Department of Fish and Wildlife, phone (916}445-3555, has Iseen
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 httpalwww.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 ar repeal of regulations
prescribed in Sections 11343.4, 11346.4 and 11.346.8 of the Government Code. Any person
interested may obtain a copy of said regulations prior to the date of adoption by contacting the
agency represen#ative 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 ActionlResults 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 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, ar the Expansion of Businesses in
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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 2013-14
waterfowl hunting season dates and bag limits within the federal frameworks. Positive
impacts to jabs andlor businesses that provide services to waterfowl hunters will be
realized with the continuation of adopting waterfowl hunting seasons in 2013-14. This is
based on a 2011 US Pish and Wildlife national survey of fishing, hunting, and wildlife
associated recreation far California. The report estimated that migratary bird hunters
contributed about $169,115,000 to businesses in California during the 2011 migratary
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 fang-term intent of the proposed regulations is to
maintain or increase waterfowl, subsequently, the long-term viability of these same small
businesses.
The Commissiarti anticipates benefits to the health and welfare of California residents.
The proposed regulations are in#ended to provide additional recreational opportunity to
the public.
The Commission anticipates benefits to the environmen# by the sustainable
management of California`s waterfowl resources.
{c) Cast 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:
None.
(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
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}.
S
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: June ~ 1, 2013 Executive Director
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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 Section 355, Fish and Game Code and to implement, interpret or make
specific sections 355 and 3700 of said Cade, proposes to amend Section 510, Title 14,
California Code of Regulations, relating to State Duck Stamp.
Informative DiAestlPollicy Statement Overview
Current regulations in section 510, Title 14, California Code of Regulations (CCR),
require the state duck stamp to be affixed to a hunter's license for taking ducks, geese,
or Brant. The implementation of the Automated License Data System (ALDS} eliminated the
requirement of physical duck stamps to be affixed to the hunter's license. The proposa! would
update the section to be consistent with Fish and Game Code section 3700.1 clarifying that any
person who is hunting under the authority of a junior hunting license is exempt from obtaining a
duck validation.
The benefits of the proposed regulations are in concurrence with Federal law, sustainable
management of the waterfowl resources, positive impacts to jabs andlor businesses that
provide services to waterfowl hunters will be realized with the continuation of selling duck stamp
validations far the waterfowl hunting season in 2013-2014.
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.
The Commission has searched the California Code of Regulations and has determined that
there are no other regulations that are neither inconsistent nor incompatible with the proposed
regulations.
The Department's proposal is as follows:
Amend the current language to "Any adult license holder taking ducks, geese, or Brant must
have a current state duck validation in his or her possession. Ariy person hunting under the
authority of a valid junior hunting license is exempt from this section."
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 Department of Consumer Affairs, 1625
North Market Boulevard, Sacramento, California, on Wednesday, June 26, 2013, 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 on Wednesday, August 7, 2013, at
8:30 a.m., or as soon thereafter as the matter may be heard. The exact location of this meeting
has not yet been determined. When this information is available, a continuation notice will be
sent to interested and affected parties. The continuation notice will also be published in the
Regulatory Notice Register. Written comments.must be submitted by August 5, 2013 at the
address given below, or by fax at (916) 653-5040, or by a-mail to FGCCa7fac.ca.aov. All
comments must be received no later than August 7, 2013, at the hearing. 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 {rufemaking file), are on fiile and available for public review from the agency
representative, Sonke Mastrup, Executive Director, Fish and Game Commission, 1416 Ninth
Street, Box 944209, Sacramento, California 942442090, phone {916} 653-4899. Please direct
requests for the above mentioned documents and inquiries concerning the regulatory process to
Sonke Mastrup or Sheri Tiemann at the preceding address or phone number. Dr. Eric Loft,
Chief, Wildlife Branch, Department of Fish and Wildlife, phone {91S) 445-3555, 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 httpalwww.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., #iming 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 Comrr~ission 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 1134E.8 of the Government Code. Any person
interested may obtain a copy of said regulations prior to the date ofi 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 Requlatorv ActionlResults of the Economic Impact Ana~,ysis
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 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, ar 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:
2
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 Commission anticipates benefits to the health and welfare of California residents.
The proposed regulation is intended to provide clarity to the hunting public.
{c) Cost Impacts on a Representative Private Person or Business:
The Commission is not aware ofi 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 CnstslSavings in Federal Funding to the State:
None.
(e} Nondiscretinnary CostslSavings to Local Agencies: None.
(f) Programs Mandated on Local Agencies or School Districts: None.
(g) Costs impaled 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 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
mare 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 cast-effective to affected private persons and equally effective in implementing the
statutory policy or other provision of law.
FISH AND GAME COMMISSION
Dated: June 11, 2013
Sonke Mastrup
Executive Director
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