HomeMy WebLinkAboutFish and Game Commission notice - Upland Game Bird Hunt Commissioners STATE OF CALIFORNIA Valerie Termini,Executive Director
Eric Sklar,President Edmund G.Brown Jr.,Governor 1416 Ninth Street, Room 1320
Saint Helena Sacramento,CA 95814
Jacque Hostler-Carmesin,Vice President (916)653-4899
McKinleyville Fish and Game Commission BUTTE COUNTYwww'fgc.ca.gov
Anthony C.Williams,Member ADMINISTRATIOV
Huntington Beach
Russell E.Burns,Member OCT 20
Napa
Peter S.Silva,Member
Chula Vista OROVILLE,CALIFOitn:
Wildlife Heritage and Conservation
Since 1870
15 Day Notice of California Notice Register 2016, No. Z2016-0705-03
Re: Upland Game Bird Special Hunt Drawing and Application
September 30, 2016
TO ALL INTERESTED AND AFFECTED PARTIES:
This is to provide you with a 15-day continuation notice of the notice of proposed
regulatory action to add Section 715 and amend Section 702, Title 14, California Code
of Regulations, relating to Upland Game Bird Special Hunt Drawing and Application
Fee, which was published in the California Regulatory Notice Register on July 15, 2016.
The proposed changes to the originally noticed language are shown in double
underline/strikeout underline and are sufficiently related to the originally proposed text.
The changes reflect a reduction in the proposed application fee for the drawing has
therefore been reduced from $5.00 to $2.25. In response to public comments received
at the August 25, 2016 Discussion hearing, the Department of Fish and Wildlife
(Department) reevaluated the proposed application fee for the Upland Game Bird
Special Hunt Drawing and determined that staff costs for Wildlife Branch personnel are
appropriately covered by Upland Game Stamp funds and should not be apportioned to
the drawing fee. The number of projected drawing applications was also reduced from
10,000 to 6,200 based on the number of current drawing applications.
The date of the public hearing related to this matter, and associated deadlines for
receipt of oral or written comments at the meeting to be held on October 20, 2016 in
Eureka has not changed from the original notice. Additional information and all
associated documents may be found on the Fish and Game Commission website at
www.fgc.ca.gov.
Karen Fothergill, Department of Fish and Wildlife, phone 916-716-1461, has been
designated to respond to questions on the substance of the proposed regulations.
Sincerely,
Caren Woodson
Associate Governmental Program Analyst
Attachment
TITLE 14. Fish and Game Commission
AMENDED Notice of Proposed Changes in Regulations
NOTICE 1S HEREBY GIVEN that the Fish and Game Commission (Commission),
pursuant to the authority vested by Sections 200, 202, 203, 215, 220, 331, 332 and
1050 of the Fish and Game Code and to implement, interpret or make specific Sections
200, 202, 203, 203.1, 207, 215, 219, 220, 331, 332, 713, 1050, 1055, 1055.1, 1570,
1571, 1572, 1573, 3500, 3682.1, 3683, 3950, 3951, 4302, 4330, 4331, 4332, 4333,
4336, 4340, 4341, 4652, 4653, 4654, 4655, 4657, 4750, 4751, 4752, 4753, 4754, 4755,
4902, 10500 and 10502 of said Code, proposes to amend Section 702 and add Section
715, Title 14, California Code of Regulations, relating to Upland Game Bird Special
Hunt Drawing and Application Fee.
Informative Digest/Policy Statement Overview
A new Section 715, Upland Game Bird Special Hunt Drawing, is proposed to establish
the application and drawing procedures for wild upland game bird hunt reservations in
the Automated License Data System (ALDS). ALDS is the central location for the
public to apply for all Department licenses and hunting opportunities. The ALDS
drawing process provides more accuracy and flexibility to the public and allows
applicants to easily select their first, second and third choice wild bird hunts. A fee of
2.25 per application for the Upland Game Bird Special Hunt Drawing is proposed to be
added in Section 702.
Benefits of the regulations
The Commission anticipates benefits to the health and welfare of California residents.
ALDS provides a single location for the public to apply for all department hunts
including big game and waterfowl hunting opportunities. Data collected and compiled
through ALDS will be accessible in a consistent format for the Department's use.
Adding the Upland Game Bird Special Hunt Drawing to ALDS will provide the same
benefits of fairness and flexibility as well as important information necessary to properly
manage upland game bird populations.
The Commission anticipates benefits to the State's environment in the sustainable
management of natural resources. The proposed regulation could reduce the time
required to apply for Upland Game special hunting opportunities and will improve the
accuracy of the data collection. Adoption of regulations to increase sustainable hunting
opportunity provides for the maintenance of sufficient populations of upland game birds
to ensure their continued existence.
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.
Consistency with State or Federal Regulations
The Fish and Game Commission, pursuant to Fish and Game Code Sections 200, 202
and 203, has the sole authority to regulate hunting in California. Commission staff has
searched the California Code of Regulations and has found the proposed changes
pertaining to reservation drawing selection for wild upland game bird hunting
opportunities through ALDS to be consistent with the provisions of Title 14. Therefore
the Commission has determined that the proposed amendments are neither
inconsistent nor incompatible with existing state regulations.
NOTICE IS GIVEN that any person interested may present statements, orally or in
writing, relevant to this action at a hearing to be held at the Lake Natoma Inn Hotel &
Conference Center, 702 Gold Lake Drive, in Folsom, California, on Wednesday August
25, 2016, at 8:00 a.m., or as soon thereafter as the matter may be heard.
NOTICE IS ALSO GIVEN that any person interested may present statements, orallX or
in writing, relevant to this action at a hearing to be held at the Red Lion Inn, 1929 4t
Street, Eureka, California, on Wednesday, October 20, 2016, 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 October 6, 2016, at the address given below, or
by email to FGCC7fgc.ca.gov. Written comments mailed, or emailed to the
Commission office, must be received before 5:00 p.m. on October 14, 2016. All
comments must be received no later than October 20, 2016, at the hearing in Eureka,
California. 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, Valerie Termini, 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 Valerie Termini or Caren Woodson at the
preceding address or phone number. Karen Fothergill, Department of Fish and
Wildlife, phone (916) 716-1461 or email Karen.Fothergill@wildlife.ca.gov, has
been designated to respond to questions on the substance of the proposed
regulations. Copies of the Initial Statement of Reasons, the regulatory language, the
Notice, and other rulemaking documents, may be obtained from either the address
above or on the Commission's website at http://www.fgc.ca.gov.
Availability of Modified Text
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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 Assessment
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 action automates an
existing hunt drawing process through the use of ALDS. 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; Benefits of the Regulation to the Health and Welfare of
California Residents, Worker Safety, and the State's Environment:
The Commission anticipates benefits to the health and welfare of California
residents. ALDS provides a single location for the public to apply for all
department hunts including big game and waterfowl hunting opportunities. Data
collected and compiled through ALDS will be accessible in a consistent format
for the Department's use. Adding the Upland Game Bird Special Hunt Drawing
to ALDS will provide the same benefits of fairness and flexibility as well as
important information necessary to properly manage upland game bird
populations.
The Commission anticipates benefits to the State's environment in the
sustainable management of natural resources. The proposed regulation could
reduce the time required to apply for Upland Game special hunting opportunities
and will improve the accuracy of the data collection. Adoption of regulations to
increase sustainable hunting opportunity provides for the maintenance of
sufficient populations of upland game birds to ensure their continued existence.
The Commission does not anticipate any impacts on the creation or elimination
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of jobs, the creation of new business, the elimination of existing businesses, or
the expansion of businesses in California. The Commission does not anticipate
any benefits to worker safety.
(c) Cost Impacts on a Representative Private Person or Business:
The Department proposes a modest fee to recover reasonable costs of the
drawing as required by statute. 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 will not 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
Valerie Termini
Dated:September 30, 2016 Executive Director
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