HomeMy WebLinkAboutFish & Game Notice 06.20.14 - proposed emergency regulatory action - Pacific halibut sport fishing (2)Commissioners
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
June 20, 2014
STATE OF CALIFORNIA
Edmund G. Brown Jr., Governor
OEM
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 sections 200.12, 200.29 and 200.31, Title 14, California Code of Regulations,
relating to the prohibition of the use of tiger salamanders as bait, which are published in
the California Regulatory Notice Register on June 20, 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 www.fgc.ca.gov.
Laura Patterson, Wildlife Branch, phone (916) 341 -6981, has been designated to respond
to questions on the substance of the proposed regulations.
Attachment
V
IOMMMM
JU4 19 2014
alyst
OROVILLE, WORNIA
2
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 2000, 2000.5, 2001, 2013, 2120, 2121, 2122, 2270, 2270.5,
2271, 2272, 6300, 6301, 6303, 6306, 6401, 8437, 8461, 8462, 8463, 8490, 8491, 15005, 15006
and 15101, Fish and Game Code.; proposes to Amend Sections 200.12, 200.29, and 200.31,
Title 14, California Code of Regulations (CCR), relating to Tiger Salamander.
Informative Digest/Policy Statement Overview
Current regulations in sections 200.12, 200.29, and 200.31, Title 14, California Code of
Regulations (CCR), provide for the legal use of waterdogs (i.e. tiger salamanders) as freshwater
bait fish. These current regulations conflict with subsection 671(a) which specifies that it is
.'unlawful to import, transport, or possess" restricted species including tiger salamanders, which
are listed in subsection 671(c)(3)(C)1.
The Commission proposes to remove the conflicting provisions in these sections from the
regulatory text.
Benefits of the requlations
The benefits of the amended regulations, which remove references to "waterdogs" in sections
200.12, 200.29, and 200.31, will be in making these sections consistent with subsection 671(a)
This will resolve any public confusion over the illegal use of waterdogs as bait in California.
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. The
amended regulations clarify for the public that the use of waterdogs as bait is not permitted in
the state.
Evaluation of incompatibility 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 sections 200.12,
200.29, and 200.31 are neither inconsistent nor incompatible with existing state regulations.
The changes will resolve existing inconsistencies with Section 671.
NOTICE IS GIVEN that any person 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 .fgc.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 Snellstrom at the preceding address or phone number. Laura
Patterson, Wildlife Branch, phone (916) 341 -6981, 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.
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 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, because the amendments merely make existing regulations
in these sections consistent with the prohibited use of these animals which are listed as
a restricted species subsection 671(c)(3)(C)l.
(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, because the amendments merely make existing regulations in
these sections consistent with the prohibited use of these animals which are listed as a
restricted species subsection 671(c)(3)(C)1.
rd
The Commission does not anticipate benefits to the health and welfare of California
residents or to worker safety because the proposed amendments do not affect health,
welfare, or safety.
The Commission anticipates benefits to the state's environment because the
amendments make existing regulations in these sections consistent with the prohibited
use of these animals which are listed as a restricted species (subsection 671(c)(3)(C)1.)
due to their detrimental effects on native wildlife.
(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: June 10, 2014 Executive Director