HomeMy WebLinkAboutFish and Game 3-18-10 COMMISSIONERS
Jim Kellogg,President ARNOLD SCIIWARZENEGGER JOHN CARLSON,JR.
DiscoveryBay EXECUTIVE DIRECTOR
Richard Rogers,Member 1416 Ninth Street
Carpinteria Box 944209
Michael Sutton,Member Sacramento,CA 94244-2090
Monterey (916)653-4899
Daniel W.Richards,Member (916)653-5040 Fax
Upland Governor fgc@fgc.ca.gov
Donald Benmiughoven,Member
Santa Barbara
STATE OF CALIFORNIA
Fish and Game Commission
March 18, 2010 BOARD OF SUPLERVISORS
r A,�j 2 4 2010
TO ALL INTERESTED AND AFFECTED PARTIES CROVILLE,CALIFORMIA
This is to provide you with a copy of the notice of proposed regulatory actions relative to"Mammal
Hunting Regulations," in the sections identified in Title 14, California Code of Regulations, which
appeared in the California Regulatory Notice Register on February 19, 2010. Proposed changes to
sections as set forth in Notice Register 2010, No. 8-Z, remain the same, except for Section 265.
These documents as well as supporting documents are also made available on the Commission's
website at http://www.f-c.ca.gov/regulations/new/2010/proposedregsl0.aP.
The proposed language for Section 265 is updated to reflect a request at the Commission's
February 4, 2010 meeting. This update provides for four options in proposed regulations requiring
houndsmen who use GPS and radio telemetry collars on their dogs to register their frequencies with
the Department and maintain the data for at least 24 hours. These proposed changes are intended
to improve enforcement of this section. The initially noticed language is listed as"Option 1"and
the four new options listed as "Option 2"through "Option 5". The initial statement of reasons is also
revised to add road number designations and correct spellings to improve clarity in the language.
NOTE: The Commission is exercising its powers under Section 202 of the Fish and Game
Code "Regulations adopted pursuant to this article shall not be subject to the time periods
for the adoption, amendment, or repeal of regulations prescribed in Sections 11343.4,
113.46.4, 11346.8, and 11347.1 of the Government Code."
Please note the dates of the public hearing related to this matter and associated deadlines for receipt of
written and oral comments.
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
pros a directed to me, at(916)653-4899.
Sincerely,
net o
Governm nt Program Analyst
Attachment
I �
TITLE 14. Fish and Game Commission
Notice of Proposed Changes in Regulations
(Continuation of California Notice Register 2010, No.8-Z,
and Meetings of February 4, 2010 and March 3, 2010)
(NOTE: The Commission is exercising its powers under Section 202 of the Fish and Game Code
as the following changes to the proposed regulations may not be available to the public for the full
public comment period prior to adoption. "The commission shall exercise its powers under this
article by regulations made and promulgated pursuant to this article. Regulations adopted
pursuant to this article shall not be subject to the time periods for the adoption,amendment, or
repeal of regulations prescribed in Sections 11343.4, 11346.4, 11346.8,and 11347.1 of the
Government Code." See the text of this notice.)
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.
At the March 3, 2010, meeting in Ontario,the'Fish and Game Commission received public testimony on
the proposed regulatory changes.
Proposed changes to sections as set forth in Notice Register 2010, No. 8-Z, remain the same,
except for Section 265. The Informative Digest for Section 265 has been amended as follows.
Informative Digest/Policy Digest/PolicyStatement Overview
Amend Subsection 265 Re: Use of Dogs for Pursult/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.
The proposed language is updated to reflect a request at the Commission's February 4,2010
meeting.This update provides four options for regulation change to require houndsmen who use
GPS and radio telemetry collars on their dogs to register their frequencies with the Department
and maintain the data for at least 24 hours.These proposed changes are intended to improve
enforcement of this section. The initially noticed language will be listed as"Option 1"and the
four new options will be listed as "Option 2"through "Option 5".
1
The initial statement of reasons is also revised to add road number designations and correct
spellings to improve clarity in the language.
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 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 byfax at(916)653-5040, or'by e-mail to FGC@fgc.ca_gov. 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.
NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant
to this action at a teleconference hearing to be held in the Resources Building, 1416 Ninth Street,
Conference Room#1320, on April 21, 2010, at 10:00 a.m., or as soon thereafter as the matter may be
heard. Written comments may be submitted at the address given below, but must be received no later
than April 21, 2010 at the hearing in Sacramento. Consideration for adoption of the new regulations will
be by teleconference call meeting on April 21, 2010, in Sacramento. The regulations as proposed in
strikeout-underline format and modifications indicated in double strikeoutfunderline, as well as an initial
statement of reasons, including environmental donsiderations 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.c.a.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,
Youniville, Fresno, Long Beach, Bishop, Eureka, Belmont, Monterey, Chino and San Diego. NO
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 Re ulato Action
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 Businessmen 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
2
other states.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.
(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:
None.
(c) Cost Impacts on Private Persons:
The agency is not aware of any cost impacts that a representative private person 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) Other 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:
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 11 346-2(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: March 19, 2010 Executive Director
3
§265.Use of Dogs for Pursuit/Take of Mammals or for Dog Training.
Subsection(a)(4)(B)is amended as follows:
8 Northem California Dog Control Zone:Those Portions of Butte Del Norte Glenn Humboldt Lake Lassen Mendocino Plumas Shasta Sierra
Siskiyou,Tehama,Trinity and Yuba counties within a line beginnin-q at the intersection of Highway 101 and the California—Oregon state line•south along
Highway 101 to Highway 36•east along 36 to the Humboldt-Trinity county line south along the Humboldt-Trinity county line to its intersection with the
Mendocino county,linen west aloag the Mendocino-HijWhnIdt county line to its inteESaatjQn with ffighway JjQI-south along Highway 101 to its
inrarse.C&n with HA9hMffly2Q-east along Hlabmmy-M to its intersecfign H[dd&Creek west of fhe tpwn o... . —
Creek
Roadto intersectign with Bear Creek Rpad,east along Rear Creek Road fo fts-i0fe 49
intersection with Forest Route Lake Gountv fine;east then seuM alene the Glenn Lake Go,
18NO2(Open Rid a Black Diamond Road•east along Forest Route 18NO2 to CountV Road 3060 north along County Road 306 to County Road 200'west
along County Road 200 to the Glenn Tehama county line'west along the Glenn-Tehama county,line to the eastem Mendocino National Forest bounds
north along the eastern Mendocino National Forest boundary to its intersection with the Trinity National Forest boundaly west and north along the
Mendocino-Trinity National Forest boundary to the Tehama-Trinitycounty line'north along the Tehama-Trini county line to its intersection with the
Shasta county fine'north and east alon the Trini -Shasta coun line to the Hi hwa 299'east alongHighway 299 to Highway 273 north alongHighway
273 to Interstate 5•north alongInterstate 5 to the southem shore of Shasta Lake•east and north along the southem shore of Shasta Lake to Fendlees
Ferry Road;southeast aloncl Fendler's Ferry Road to Highway 299;southwest atong Highway 299 to Oakrun Road:south along Oakrun Road to Oakrun
to Fem Road in town of Oakrun•northeast along Oakrun to Fem Road to East Fem Road in the town of Fem'south along East Fem Road to Whitmore
Road in the town of Whitmore west along Whitmore Road to Ponderosa Wa south along Ponderosa Way to Innwood Road'southwest along Inwood
Road to Hi hwa 44;east along Highway 44 to Wilson Hill Road'south along Wilson Hill Road to Rock Creek Road'south along Rock Creek Road to the
Shasta-Tehama county line:east along the Shasta-Tehama county line to Ponderosa Way,south along Ponderosa Way to Lassen Trail;south along
Lassen Trail to Ponderosa Way:south along Ponderosa Way to Cohasset Stage Road-,south along Cohasset Stage Road to the Tehama-Butte county
line;east and north along the Tehama-Butte county line to Hi0wa 32'south along Highway 32 to Highway 99 in the town of Chico'south along High
99 to Highway 162;east and north along Highway 162 to Oroville-Quint Highway-,north along Oroville-Quingy Highway to the Butte-Plumas county line'
south and east along the Butte-Plumas county line to its intersection with the Yuba county line;northeast along the Plumas-Yuba county line to its
intersection with the Sierra coup line east alon the Plumas-Sierra coup line to Hi hwa 395 north alon Hi hwa 395 to Highway 360 north and west.
along Hiahway 36 to Hi hwa 44 Feather Lake Hi hwa •northwest alon Hi hwa 44 to Hi hwa 89 near Old Station'north and west alon Hi hwa 89
to Interstate 5;north along Interstate 5 to Highway 3(Fort Jones Road);southwest along Highway 3 to Scott River Road in Fort Jones'north along Scott
River Road to Highway 96;east along Highway 96 to Interstate 5•north alonq Interstate 5 to the Califomia-Or on state line'west along the Califomia-
Oregon state line to the point beginning.
Subsection(a)(4)(C)is amended as follows:
SC)Southern Sierra Don Control Zone:Those portions of AI ine Fresno Ino Madera Mariposa,Mono Tulare and Tuolumne counties within a line
beginning at the intersection of the Califomia-Nevada state line and the Mono-Alpine county line'south alona the Mono-Alpine coup line to its
intersection with the Tuolumne county line'west along the Alpine-Tuolumne county line to Clark Fork Road-,southwest along Clark Fork Road to Hi hwa
108:southwest along Highway 108 to Highway 120;west along Highway 120 to the westem boundaa of Yosemite National Park;south and east along
the westem boundary of Yosemite National Park to Highway 41 near the town of Fish Cam •south along Highway 41 to Bass Lake Road);
southeast along Rnad 222 to Road 274 eMalum Ridge Road];south along Road 274 to Road 225- Mammoth
Pool Road-we alon $Q3iL295 to Road 222 south aloe Road 222 to Auberry Road;south along Auberry Road to the Madera-
Fresno Coun line'east alae the Madera Fresno Coun line to Italian Bar Road Raad 225 at the Italian Bar Bridge;south along Italian Bar Road to
Jose Basin Road Coun Road M2441 east aloe Jose Basin Road to ifs intersection with Forest Service Road 8S08 Old Railroad Grade Road);
northeast along Old Railroad Grade Road to Dawn Road south aloe Dawn Road to Hi hwa 168(Tollhouse,Road);south along Highway 168 to Dinkey
Creek Road'east alar Dinke Creek Road toalaaa QinkeV--TfimmerBpyd to Black 92ark Road(f LS=
g2gfE�Rh Read(412121 at Rafg
Camp-east alaBlack Rock Road to the decommissioned 11 507 Rod ers Rid a Road at Black Rock Reservoir Dam'east along Rodgers Rid e
Road to Garlic Spur,south along Garlic Spur to the Kings River,west alon the Kin s River to Verplank Rid e-Hoisje Ridge:south along Verplank Ridge-
Hois a Ridge to Forest Route 13565'southeast alon Forest Route 13S65 to Forest Route 13503'southeast along Forest Route 13503 to Highway 180
near Ch eny Gap:south along Wighway i$0 to the north boundary of Kin s Can nIS uoia National Park;south along the westem boundary of Kings
Canyon/Sequoia National Park to the northem bounds of S uoia National Forest between Grouse Peak and Dennison Mountain'south along the
common line between R29E and R30E.M.D.B.M.to the boundary of the Sea uoia National FoMe 'east and south along the bounda!y of the Sequoia
National Forest to Balch Park Road;southeast along Balch Park Road to the west boun ary of Mountain Home Demonstration State Forest south and
east along the west boundary of Mountain Home Demonstration State Forest to Forest Trail 30Ei 4•southeast along Forest Trail 30E14 to the Doyle
Springs Road Wishon Drive),southwest along Doyle Springs Road to Alder Creek Grove-Hossack Meadow Road southeast along Alder Creek Grove-
Hossack Meadow Road to Highway 190 at Camp Nelson'east along Highway 190 to Coy Fiat Road'south along Coy Flat Road to the boundary of the
Tule River Indian Reservation;south along the east boundary of the Tule River Indian Reservation(County Highway J42 to Parker Peak,•southeast from
Parker Peak through Upper Parker Meadow to Parker Pass,•south along Parker Pass to Forest Route 22581'south along Forest Route 22S81through
Starvation Creek Grove to M504 Parker Pass):south giong M504 to Forest Route 23S64•southeast along 23S64 to the southwest comer of Section 15
T23S R31 E M.D.B.M continuing to the northeast comer of Section 22 T23S R31 E M.D.B.M.'south anproximately 6 miles to Sugarloaf Winter
Recreation Area;southeast along Sugarloaf Drive to Forest Route 24523'northeast along Forest Route 24523 to Forest Route 23S16,southeast along
Forest Route 23516 to Portuguese Pass-,southeast along Forest Route 23516(24SO61 though Portuguese Pass to the Tulare-Kern county line'east
along the Tulare-Kern countline to the intersection of the Tulare Kern and In tour lines,•east atong the Inyo-Kern county line to Highway 395'north
along Highway 395 to the Califomia-Nevada state line near Topaz Laker northeast along the Califomia-Nevada state tine to the point beginning.
Subsection(d)is amended as follows:
Option 1
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