HomeMy WebLinkAboutFish and Game 2-18-10 COMMISSIONERS ARNOLD SCHWARZ.ENEGGER JOHN CARLSON,JR.
Jim Kellogg,President
EXECUTIVE DIRECTOR
Concord
Richard Rogers,Member •! 1416 Ninth Street
sl3o Box 944209
Carpinteria Michael Sntton,Member Sacramento,CR 94244-.2090
(916)653-4899
Monterey
Daniel W.Richards,Member (916)653-5040 Fax
Upland Governor fgc(a3fgc.cagov
Donald Senninghoven,Member
Santa Barbara
STATE OF CALIFORNIA
Fish and Game Commission
February 18, 2010
TO ALL INTERESTED AND AFFECTED PARTIES UpFR/Zso&S
0441,
-0,
is to provide you with a copy of the notice of proposed regulatory actions relative to 0INIA
"Mammal Hunting Regulations," in the sections identified in Title 14, California Code of
Regulations, which will appear in the California Regulatory Notice Register on February 19,
2010. These documents as well as supporting documents will also be made available on the
Commission's website at hftp:/Iwwwtqc.ca.-gov/regulations/new/2010/proposedregslO.asp.
Please note the dates of the public hearing related to this matter and associated deadlines for
receipt of written and oral comments, beginning on page 13 of this notice.
Dr. Eric Loft, Department of Fish and Game, phone (916) 445-3555, has been designated to
respond to questions on the substance of the proposed regulations; and inquiries concerning
the regulatory process may be directed to me, at (916) 653-4899.
ncerely,
n4Govment
Associate Program Analyst
Attachment
,k
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, 360, 361, 362, 363, 364, 365, 366, 555, 708 and 713, 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 2010-2011 Mammal Hunting Regulations.
At the Fish and Game Commission's meeting on February 4, 2010, the Department of Fish and Game
made the following recommendations for changes relative to game mammal regulations for the 2010-2011
seasons: proposes to amend sections 265, 360, 361, 362, 363, 364, 365, 366, 555, 708 and 713,Title 14,
California Code of Regulations, to make tag quota changes, clarifications, and urgency changes for the
2010-2011 Mammal Hunting Regulations.
Informative Digest/Policy Statement Overview
Amend Subsection 265, Re: Use of Dogs for Pursuit/Take of Mammals or for Dog Training
Existing regulations provide boundaries for dog control zones where dogs are not allowed to be used for
the pursuit/take of mammals or for dog training from the first Saturday in April through the day preceding
the opening of the general deer season.The proposed change modifies the boundaries for the dog control
zones to better align the boundaries with roads and to provide additional areas for dogs to be exercised
and trained.
Existing regulations specify collars worn by dogs during the pursuit or take of mammals shall not have tip
switches or global positioning systems (GPS).The proposed change eliminates this unnecessary
prohibition.
Amend Subsection,36Q(a), Re: Deer: A. B, 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 8,150 5,000-15,000
D3-5 33,000 30,00040,000
D-6 10,000 6,000-16,000
1
4
Deer: §360(a)A, B,C,and D Zone Hunts-Tag Allocations
Zone Current Proposed
D-7 9,000 4,000-10,000
D-8 8,000 5,000-10,000
D_g 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 1,500 500-2,000
D-16 3,000 1,000-3,500
p_17 500 100-800
D_19 1,500 500-2,000
Amend Subsection 360(b), Re: 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.
Deer: §360(b) X Zone Hunts-Tag Allocations
Zone Current Proposed
X-1 2,370 1,000-6,000
X-2 185 50-500
X-3a 240 100-1,200
X 3b 825 200-3,000
X-4 375 100-1,200
X-5a 60 25-200
X-5b 110 50-500
X-6a 325 100-1,200
X-6b 370 100-1,200
X 7a 200 50-500
X-7b 120 25-200
X_8 220 100-750
X-9a 650 100-1,200
X-9b 325 100-600
2
Deer: §360(b) X Zone Hunts-Tag Allocations
Zone Current Proposed
X-9c 325 100-600
X-10 400 100-600
X-12 760 100-1,200
Amend Subsection 360(c) Re: Deer: 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,
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 3 and continue
for two (2)consecutive days and reopen on October 10 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 2 and
October 9, respectively, in order to accommodate for Base operations.
Existing regulations for Additional Hunt G-11 (Vandenberg Either-Sex Deer Hunt)restricts the issuance of
tags to military and Department of Defense personnel only. Under Federal Law certain individuals of
Native American descent have rights to access portions of the base. The base has requested a
modification to this restriction in order to comply with Federal Law. The proposal would modify the
conditions for tag issuance to include individuals authorized by the Installation Commander. This action
would provide the Installation Commander with the flexibility to authorize eligible Native Americans to hunt
on the Base.
Deer: §360(c) Additional Hunts-Tag Allocations
Hunt Number(and Title) Current Proposed
G-1 (Late Season Buck Hunt for Zone C-4) 2,710 500-5,000
G-3(Goodale Buck Hunt) 35 5-50
G-6(Kem River Deer Herd Buck Hunt) 50 25-100
G-7(Beale Either-Sex Deer Hunt) 20 Military* 20 Military
10 Military*and 10 Military*and 10
G-8(Fort Hunter Liggett Antlerless Deer Hunt) 10 Public 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*
500 Military*, DOD
G-11 (Vandenberg Either-Sex Deer Hunt) 500 Military*and and as Authorized
DOD** by the Installation
Commander**
G-12(Gray Lodge Shotgun Either-Sex Deer Hunt) 30 10-50
G-13(San Diego Antlerless Deer Hunt) 300 50-300
:::l3
Deer: §360(c) Additional Hunts-Tag Allocations
Hunt Number(and Title) Current Proposed
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 Muzzleloading 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 Muzzleloading Rifle Either-Sex Deer Hunt) 150 50-150
M-8(Bass Hill Muzzleloading Rifle Buck Hunt) 20 5-50
M-9(Devil's Garden Muzzleloading Rifle Buck Hunt) 15 5-100
M-11 (Northwestern California Muzzleloading Rifle Buck 20 20-200
Hunt)
MA-1 (San Luis Obispo Muzzleloading Rifle/Archery Either- 150 20-150
Sex Deer Hunt)
MA-3(Santa Barbara Muzzleloading Rifle/Archery Buck 150 20-150
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 Deer 15 10-20
Hunt)
J-9(Little Dry Creek Apprentice Shotgun Either-Sex Deer 5 5-10
Hunt)
"'
J-10(Fort Hunter Liggett Apprentice Either-Sex Deer Hunt) 10 Military and 10 Military*and75 Public 75 Public
J-11 (San Bernardino Apprentice Either-Sex Deer Hunt) 40 10-50
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-Sex 75 10-75
Deer Hunt)
J-17(Blue Canyon Apprentice Either-Sex Deer Hunt) 25 5-25
J-18(Pacific-Grizzly Flat Apprentice Either-Sex Deer Hunt) 75 10-75
J-19(Zone X 7a Apprentice Either-Sex Deer Hunt) 25 10-40
J-20(Zone X-7b Apprentice Either-Sex Deer Hunt) 20 5-20
J-21 (East Tehama Apprentice Either-Sex Deer Hunt) 50 20-80
* Specific numbers of fags are provided for military hunts through a system
which restricts hunter access to desired levels and ensures biologically
4
conservative hunting programs.
*` DOD=Department of Defense and eligible personnel as authorized by the Installation
Commander.
Amend Section 361 Re: Archery Deer Hunting
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 hunting on Saturdays, Sundays and holidays only beginning the first Saturday in October
and continuing through November 8, 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 7.
Archery Deer Hunting: §361 -Tag Allocations
Hunt Number(and Title) Current Proposed
A-1 (C Zones Archery Only Hunt) 1,945 150-3,000
A-3(Zone X-1 Archery Hunt) 270 50-1,000
A-4(Zone X-2 Archery Hunt) 10 5-100
A-5(Zone X-3a Archery Hunt) 25 10-300
A-6(Zone X 3b Archery Hunt) 80 25-400
A-7(Zone X-4 Archery Hunt) 140 25-400
A-8(Zone X 5a Archery Hunt) 20 15-100
A-9(Zone X 5b Archery Hunt) 5 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) 50 10-200
A-14(Zone X-7b Archery Hunt) 25 5-100
A-15(Zone X-8 Archery Hunt) 40 5-100
A-16(Zone X 9a Archery Hunt) 140 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-1 2 Archery Hunt) 170 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
5
Archery peer Hunting: §361 -Tag Allocations
Hunt Number(and Title) Current Proposed
A-32(VenturalLos Angeles Archery Late Season Either-Sex 250 50-300
Deer Hunt)
A-33(t=ort Hunter Liggett Late Season Archery Either-Sex Deer 25 Military*and 25 Military*and
Hunt) 1 25 Public 1 25 Public
* 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.
Amend Subsection 362 Re: Nelson Bi horn Shee
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 2010.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 3-5
Zone 2-Kelso Peak/Old Dad Mountains 4-6
Zone 3-Clark/Kingston Mountain Ranges 1-3
Zone 4-Oroco is Mountains 1-2
Zone 5-San Gorgonio Wilderness 1-2
Zone 6-Sheep Hole Mountains 1-3
Zone 7-White Mountains 3-4
Open Zone Fund-Raisin Ta 0-1
Marble/Cli2eer/Sheep Hole Mountains Fund-Raisin Ta 0-1
Kelso Peak/Old Dad Mountains Fund-Raisin Ta 0-1
TOTAL 14-28
The number of tags allocated for each of the seven hunt zones is based on the results of the
Department's 2009 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.The final number of tags will be
identified and reported in the Final Statement of Reasons based upon findings from the annual winter
surveys.
Amend Section 363 Re: Pron horn Antelo e
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 2010.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
are as set forth below.
2010 Pronghom Antelope
Tag Allocation Ranges
Archery-Only General Season
Hurt Area 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
6
2010 Pronghorn Antelope
Tag Allocation Ranges
Hunt Area Archery-Only General Season
Season
Period 1 Period 2
Buck Doe Buck Doe Buck Doe
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
Zone 5--Big Valle 1-15 0-5 3-150 0-50 0 0
Zone 6—Surprise Valle 1-10 0 3-25 1 0-7 0 0
Likely Tables Apprentice Hunt NIA 1-5 Either-Sex 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-Raisin Hunt NIA 1-10 Buck
Existing regulations do not offer an apprentice pronghorn hunt in the Likely Tables area.The proposed
regulation would establish a new apprentice hunt for pronghorn during a season beginning the Saturday
following the third Wednesday in August and continue for 9 consecutive days.
Amend Section 364 Re: Elle
E=xisting 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.
2010 Proposed Elk Tag Allocation
m 00 CD
x as
�e � � �V � �'0 m : m m=
Bunt Name m ea m m m m m n
m m m C O 2 O F
i C L
� W N � G �— a �"".�
Q
Roosevelt Elk
Siski ou 0-30 0-30
Dei Norte 0-20 0-15
Marble Mountains 0-30 0-70
Marble Mtns Apprentice 0-4
Marble Mtns
Muzzleloaderl Archery 0-10
Klamath 0-20 0-20
Big Lagoon 0-10 0-10
Northwestern California 1 0-30
7
2010 Proposed Elk Tag Allocation
CD w
Hunt Name pp N 3
cis S o t w m m
a
o —Q m
Rocky Mountain Elk
Northeastern 0-10 0-30 0-20
Northeastern rentice 0-4
Tule Elk
Cache Creek 04 04
Cache Creek Apprentice 0-2
La Panza
Period 1 0-10 0-12
Period 1 Ap rentice 0-2 0-2
Period 2 0-12 0-12
Owens Valle
Multiple-Zone 0-10 0-10
Bishop
Period 1 Muzzleloader 0-10 0-30
Period 2 Apprentice 0-30 0-10
Period 3 0-30 0-10
Period 4 0-30 0-10
Period 5 0-30 0-10
Independence
Period 1 Muzzleloader New 0-10 0-10
Period 2 0-30 0-10
Period 3 0-30 0-10
Period 4 0-30 0-10
Period 5 0-30 0-10
Lone Pine
Period 1 Archery New 0-30 0-10
Period 2 0-30 0-10
Period 3 0-30 0-10
Period 4 0-30 0-10
Period 5 0-30 0-10
Tinemaha
Period 1 Archery 0-30 0-10
Period 2 0-30 0-10
Period 3 0-30 0-10
Period 4 0-30 0-10
Period 5 0-30 0-10
West Tinemaha
Period 1 0-30 0-10
Period 2 0-30 0-10
Period 3 0-30 0-10
Period 4 0-30 0-10
Period 5 0-30 0-10
Tinemaha Mountain New
Period 1 0-8
Period 2 0-8
Period 3 0-8
Period 4 0-8
Period 5 0-8
Whitney(New)
Period 1 Archery 0-30 0-10
Period 2 0-10 0-4
Period 3 0-10 04
Period 4 0-10 0-4
Period 5 0-10 04
Grizzly Island
Period 1 0-12 0-2 0-6
Period 1Apprentice 1 0-2 1 0-2
Period2 0-12 0-3 0-6
Period 2 prentice 0-2
8
2070 Proposed Elk Tag Allocation
m (A Y m m m m m m m N m fn m m m
Hunt Name m m ' o. N0 '�mm � m 0 `m � m
m o oa °m a`W a`Q am
aLU
Period 3 0-12 0-3 0-4
Fort Hunter Liggett
Archery Only 0-12 0-20
Period 1 - 0-28
Period 1 Apprentice 0-8
Period 2 0-32
Period 3 0-28
Period 3 Apprentice 0-4
Muzzleloader Bull new 0-12
Early Season Bull new 0-4
East Park Reservoir
Period 1 0-4
Period 3 0-8
San Luis Reservoir 0-5 0-10 0-10
Mendocino New 0-4 0-4
Bear Valle new 0-2 0-4
Lake Pillsbury New 0-4 04
Alameda New 0-4
Santa Clara New 0-4
Existing regulations do not allow the appropriate allocation of tags to obtain the desired harvest between
subgroups in the Lone Pine zone in the Owens Valley. The proposal will modify the hunt boundary and
create an additional zone(Whitney tule elk hunt). Tags will be issued for the new Whitney zone period
one archery(range 0-30 antlerless, 0-10 bull)and periods two,three,four, and,five general season
methods (range 0-10 antlerless, 0-4 bull).The proposal will provide elk hunting opportunities consistent
with the objectives for tule elk in the Owens Valley.
Existing regulations do not allow the appropriate allocation of tags to obtain the desired harvest between
subgroups in the West Tinemaha zone in the Owens Valley. The proposal will modify the hunt boundary
and create an additional zone(Tinemaha Mountain tule elk hunt). Tags will be issued for the new
Tinemaha zone utilizing existing hunt periods one through five in the Owens Valley(range 0-8 bull).The
proposal will provide elk hunting opportunities consistent with the objectives for tule elk in the Owens
Valley.
Existing regulations do not provide for public tule elk hunting in Mendocino County. The proposal will
establish a new tule elk hunt in a portion of Mendocino County(called Mendocino tule elk hunt)with bull
tags (range 0-4)and antlerless tags(range 0-4)during a season beginning on the Wednesday preceding
the fourth Saturday in September and continue for 12 consecutive days.The proposal will provide
additional elk hunting opportunities, consistent with the statewide management objectives for tule elk.
Existing regulations provide limited opportunities for public tule elk hunting in Lake County. The proposal
will establish a new tule elk hunt in a portion of Lake County(called Lake Pillsbury tule elk hunt)with bull
tags(range 0-4)and antlerless tags (range 0-4)during a season beginning on the second Wednesday in
September and continue for 10 consecutive days.The proposal will provide additional elk hunting
opportunities, consistent with the statewide management objectives for tule elk.
Existing regulations provide none or limited opportunities for public tule elk hunting in portions of Colusa,
Lake, and Yolo Counties. The proposal will establish a new tule elk hunt in portions of Colusa, Lake,and
Yolo Counties(called Bear Valley tule elk hunt)with bull tags (range 0-)and antlerless tags (range 0-2)
during a season beginning on the second Saturday in October and continue for 9 consecutive days.The
proposal will provide additional elk hunting opportunities, consistent with the statewide management
objectives for tule elk.
Existing regulations do not provide for public tule elk hunting in portions of Alameda and San Joaquin
Counties. The proposal will establish a new tule elk hunt in portions of Alameda and San Joaquin
Counties(called Alameda tule elk hunt)with bull tags(range 0-4)during a season beginning on the
9
second Saturday in October and continue for 16 consecutive days.The proposal will provide additional elk
hunting opportunities, consistent with the statewide management objectives for tule elk.
Existing regulations provide none or limited opportunities for public tule elk hunting in portions of Merced,
Santa Clara, and Stanislaus-Counties. The proposal will establish a new tule elk hunt in portions of
Merced, Santa Clara, and Stanislaus Counties (called Santa Clara tule elk hunt)with bull tags(range 0-4)
during a season beginning on the second Saturday in October and continue for 16 consecutive days.The
proposal will provide additional elk hunting opportunities, consistent with the statewide management
objectives for tule elk.
Existing regulations establish season dates for the Fort Hunter Liggett tule elk hunts. The proposed
regulations for Fort Hunter Liggett increase the number of hunt days for each hunt. The proposal modifies
the following: extends the season dates for the archery either-sex from five days to nine days beginning on
the first Saturday in September; mod fes the archery antlerless from the second Thursday in October to
the fourth Saturday in September and extends it from five to nine consecutive days; modifies the period
one antierless(general and apprentice)from the second Thursday in October to the third Saturday in
October and extends it from five to nine consecutive days; modifies the period two antlerless from the
fourth Wednesday in November to the third Saturday in November and extends it from five to nine
consecutive days; modifies the period three bull(general and apprentice)from the last Wednesday in
December to the fourth Wednesday in December and extends it from five to 12 consecutive days in order
to increase hunter opportunity accommodate military operations.
Existing regulations end the fund raising tag in the Northwestern Roosevelt elk zone prior to the close of
the general season. The proposed regulation modifies the ending date of the fund raising tag to end on
the same day as the general hunt. Season shall open on the last Wednesday in August and continue for
19 consecutive days.
Existing regulations end the fund raising tag in the Northeastern Rocky Mountain elk zone prior to the
close of the general season. The proposed regulation modifies the ending date of the fund raising tag to
end on the same day as the general hunt. Season shall open on the Wednesday preceding the last
Saturday in August and continue for 33 consecutive days.
Existing regulations specify boundaries for the Marble Mountain Roosevelt elk hunt and Northeastern
Rocky Mountain elk hunt. The proposed change expands the Marble Mountain and Northeast zone south
to encompass additional area occupied by elk and is consistent with the-natural range expansion of elk
which has occurred since these hunts were established. The proposal is necessary to improve hunter
opportunity and is consistent with management objectives for elk in these areas.
Existing regulations specify the boundary for the Big Lagoon Roosevelt elk hunt. The proposed change
modifies the boundary from a power line right of way to a road in order to better distinguish the boundary
between zones.
Existing regulations specify boundaries for the West Tinemaha tule elk zone. The proposal modifies the
boundary by dividing the zone into two separate zones.This will create a new zone called Tinemaha
Mountain. This will allow more precise allocation of tags to allow appropriate harvest between subgroups
Existing regulations specify boundaries for the Lone Pine tule elk zone. The proposal modifies the
boundary by dividing the zone along highway 395 into two separate zones.This will create a new zone
called Whitney. This will allow more precise allocation of tags to allow appropriate harvest between
subgroups.
Existing regulations specify hunts for the Marble Mountain elk hunts. The proposed change adds an
additional combination archery and muzzleloader hunt after the existing hunt period. Either-sex tags
(range 0-10)would be issued during a season beginning the last Saturday in October and continuing for
nine consecutive days.The proposal is necessary to improve hunter opportunity and is consistent with
management objectives for elk in the area.
Existing regulations do not offer muzzleloader hunts at Fort Hunter Liggett. The proposed regulation
would establish a muzzleloader bull hunt(range 0-6)during a season beginning the first Saturday in
November and continuing for nine consecutive days.
10
Existing regulations do not offer an early season general method bull hunt at Fort Hunter Liggett. The
proposed regulation would establish a new hunter for bull tule elk(range 0-2)for military use during a
season beginning on the second Tuesday in September and continuing for nine consecutive days.
Existing regulations allow the Owens Valley early season region wide archery tags to be utilized in all the
Owens Valley zones(Bishop, Independence, Lone Pine,Tinemaha, and West Tinemaha). The proposed
regulation would limit the zones the tags are valid in to the Bishop, Independence, Lone Pine,Tinemaha
Mountain(new), and Whitney(new)zones and change the name of hunt to the Owens Valley early
season multiple zone archery hunt.
Existing regulations specify methods of take for each hunt period in the Owens Valley. In an effort to
increase hunter success the proposed regulation modifies the period one hunt in the Independence zone
from archery to muzzleloader and the Lone Pine zone period one hunt from muzzleloader to archery.
Existing regulations authorize tags that are valid in both the Tinemaha and West Tinemaha zones. In an
effort to manage harvest between these groups of elk the proposed regulation would issue tags
independently for each zone.
Existing regulations for the Siskiyou Roosevelt elk hunt authorizes either-sex and antierless tags. In an
effort to better manage harvest the proposal would convert the either-sex tags to bull tags.
Existing regulations for the Marble Mountain, Northeastern, and Big Lagoon elk hunts authorizes either-
sex general tags. In an effort to better manage harvest and allow more opportunity to hunters the
proposal would convert general either-sex tags to bull and antlerless tags.
Amend Subsection 365 Re: Bear
Existing subsection 365(a), Title 14, California Code of Regulations, provides a description of the bear
hunting area for California. The proposed regulation change provides additional hunting opportunity by
enlarging the Northern California bear hunting area to include deer hunting zone X-3b in Modoc and
Lassen counties, enlarging the Southern California bear hunting area to include portions of San Luis
Obispo County, and the Southeastern Sierra bear hunting area by including an additional portion of Inyo
County to make the boundary more enforceable.
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.
In addition, there is a minor edit to clarify the regulations by specifying that the limit for bear hunting is one
bear per hunting license year rather than one bear per season.
Amend Subsection 366 Re: Arche Bear Hunting
Existing Section 366,Title 14, California Code of Regulations, provides a statewide archery bear hunting
seaon beginning the third Saturday in August for 23 consecutive days.The proposed change would begin
the archery bear seasons with the archery deer seasons.This would eliminate a problem in deer hunting
zone A,where the general bear hunting season opens before the archery bear hunting season.
Current regulations specify that one bear may be taken per season.This is confusing for individuals who
hunt both the general and archery seasons, because only one bear may be taken per year.The proposed
change clarifies that one bear may be taken per license year.
Currently, subsection 366(f)specifies that"no more than 15,000 bear tags shall be issued pursuant to
section 367."This subsection refers to old regulatory language which no longer exists.The proposed
change deletes this subsection.
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Amend Section 555 Re: Cooperative Elk Huntina Areas
Existing regulations specify that the Department will issue tags by random drawing from the pool of
qualified applicants. In recent years for many of the cooperative elk hunts the number of applicants has
exceeded the number of available tags. In an attempt to issue tags in an equitable manner the proposed
amendment implements one year of non-eligibility for previously successful applicants for cooperative elk
hunts with more applicants than tags.
Amend Subsection-360(d), Section 702 &Subsections 708 a 2 A and(D),708(b)(11,708
708(d)(1) 708(cl)(1)(K); and Add Subsections 708(g)(1)(L)and 708(h) Re: Hunting Applications,
Tarts, Seals, Permits, Reservations and Fees: and Big Game License Tag,Application, Distribution
and Resorting Procedures
Adjust the hunting fees in regulation as allowed under Fish and Game Code. Existing regulations provide
for the issuance of deer tags based on when the tag quota for the hunt or zone filled during the previous
license year. This regulatory proposal would repeal the exceptions for C, D12 and D17 deer tags.This
proposal would specify requirements for hunters who appeal for preference points.
Option 1 would allow any hunter who was awarded an elk, antelope or big horn sheep tag in the big game
drawing to return the tag under specific conditions. Option 2 would allow any hunter who was awarded an
elk, antelope or big horn sheep tag in the big game drawing to return the tag to the Department for any
reason upon payment of a nonrefundable processing fee.
Additionally, this proposed regulatory action would allow the Department to conduct a random drawing for
fund-raising big game license tags.
005-2009 Summary of C, D12,and D17 Tag Quotas
Tag Year Tag Quota Date Tag Quota Comments Date of
Filled Drawing
2005 9,025 7/6/2005 Tag quota filled after the drawing 6/1712005
2006 9,025 6/27/2006 Tag quota filled after the drawing 6/17/2006
Tag quota filled in third round of
2007 8,575 6/20/2007 the drawing. 1,005 hunters drawn 6/20/2007
out of 3,390 3rd choice
applicants
C Tag quota filled in second round
2008 8,575 6/18/2008 of the drawing.3,504 hunters 6/18/2008
drawn out of 6,754 2nd choice
applicants
Tag quota filled in second round
2009 8,150 6/16/2009 of the drawing.2,126 hunters 6/16/2009
drawn out of 6,052 2nd choice .
applicants.
2005 950 7/19/2005 Tag quota filled after the drawing 6/17/2005
2006 950 7/10/2006 Tag quota filled after the drawing 611712006
Tag quota filled in third round of
D12 2007 950 6/20/2007 the drawing.24 hunters drawn 6/20/2007
out of 77 3rd choice applicants
2008 950 6112!2008 Tag quota filled prior to the 6/18/2008
drawing
2009 950 6/2/2009 Tag quota filled prior to the 6116/2009
drawing
Tag quota filled in third round of
D17 2005 500 6/17/2005 the drawing.36 hunters drawn 6/17/2005
out of 119 3rd choice applicants
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005-2009 Summary of C, D12,and D17 Tag Quotas
MR:
Tag quota fille!in econd round
2006 500 6/17/2006 of the drawinghunters 6/17/2006drawn out of 1d choice
applicants
2007 500 6/8/2007 Tag quota filled prior to the 6/20/2007
drawing
2008 500 5/20/2008 Tag quota filled prior to the 6/18/2008
drawing
2009 500 5/15/2009 Tag quota filled prior to the 6/16/2009
drawing
Add Section 713 Re: Condemned Big-Game Carcasses
Existing regulations require big-game hunters to make all reasonable efforts to retrieve big-game animals
and tag them immediately with the appropriate tag. Current regulations do not allow the Department to
issue a duplicate tag if a harvested animal was sick, injured, or chemically immobilized rendering the
carcass inedible or unfit for human consumption; once the animal is killed current regulations require the
hunter to lawfully tag the animal and count as their bag limit for the hunt. This proposal establishes a
regulatory procedure whereby a hunter in this situation can be issued a duplicate tag for the remainder of
the season; be issued a tag for the subsequent season; have an additional point added to their original
point total for that species to compete in the following big-game drawing; or request a refund and have
their point total restored to the original amount.
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 Double Tree Hotel—Ontario Airport, Ontario, California, on
Wednesday, March 3, 2010, 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 in The La Grande Room, Beach Resort Monterey, 2600 Sand Dunes
Dr., Monterey, California, on Thursday,April 8, 2010, at 8:30 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 6, 2010
at the address given below, or by fax at(916)653-5040, or by e-mail to FGCCa_fgc.ca.aov. All comments
must be received no later than April 8, 2010, at the meeting in Monterey. 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 and modifications indicated in double
strikeout/underline, 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, John Carlson, Jr., 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 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, 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.
Draft environmental documents, associated with the proposed regulatory actions for Bear and Elk Hunting,
were made available for comment commencing January 27, 2010. Oral or written comments relevant to
these documents will be received at the March 3, 2010, meeting in Ontario. Written comments on these
documents may be submitted to the Commission office(address given herein)until 5:00 p.m., March 13,
2010. Draft environmental documents are available for review at the Commission office and at the
Department of Fish and Game's,Wildlife Programs Branch office in Sacramento. Copies of the
documents are also available for review at the Department offices in Redding, Rancho Cordova,
Yountville, Fresno, Long Beach, Bishop, Eureka, Belmont, Monterey, Chino and San Diego. NO
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WRITTEN COMMENTS ON DRAFT ENVIRONMENTAL DOCUMENTS WILL NOT BE ACCEPTED
AFTER 5:00 P.M. ON MARCH 13, 2010.
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
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 actions 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.
Section 265
The proposed action eliminates unduly restrictions on outdoor recreation by modifying dog control
zone boundaries and removing restrictions pertaining to the use of tip switches and GPS
technology on dog collars. Given the number of individuals who use or train dogs for hunting
purposes will remain relatively static in California,this proposal is economically neutral to
business.
Subsection 360{a}
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.
Subsection 360(b)
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.
Subsection 360(c)
The proposed action would modify season dates for two hunts, modify tag restrictions for one
military hunt and adjust 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.
Section 361
The proposed action adjusts tag quotas for existing hunts and modifies the season closing date
for one hunt: Given the number of tags available and the area over which they are distributed,
these proposals are economically neutral to business.
Section 362
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.
Section 363
Considering the small number of tags issued over the entire state, this proposal is economically
neutral to business.
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Section 364
Considering the small number of tags issued over the entire state, this proposal is economically
neutral to business.
Section 365
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.
Section 366
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.
Section 555
Considering the small number of tags issued over the entire state, this proposal is economically
neutral to business.
Sections 702 and 708 and subsection 360(d)
The proposed action adjusts the issuance of deer tags. These proposals are economically neutral
to business.
Section 713
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.
For all Sections
(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:
The net impacts are unknown at this time.
(c) Cost Impacts on a Representative Private Person or Business:
The agency is not aware of any cost impacts that a representative private person or business
would necessarily incur in reasonable compliance with the proposed action. The proposed action
will open up new marketing opportunities for the California's aquaculture and retail seafood
industries which will offset the new permit fees and inspection costs.
(d) Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State:
The proposed regulation changes would provide a cost recovery mechanism to offset Department
costs related to permitting restricted species and for escaped animals.
(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.
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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 or would be effective as and less burdensome to
affected private persons than the proposed action.
FISH AND GAME COMMISSION
John Carlson, Jr.
Dated: February 9, 2010 Executive Director
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