HomeMy WebLinkAboutFish&Game relating to Prohibition of prizes of furbearers & nongame mammalsCommissioners
Michael Sutton, President
Monterey
Jack Baylis, Vice President
Los Angeles
Jim Kellogg, Member
Discovery Bay
Richard Rogers, Member
Santa Barbara
Jacque Hostler-Carmesin, Member
McKinleyville
August 28, 2014
STATE OF CALIFORNIA
Edmund G. Brown Jr., Governor
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TO ALL INTERESTED AND AFFECTED PARTIES:
Sonke Mastrup, Executive Director
1416 Ninth Street, Room 1320
Sacramento, CA 95814
(916)653-4899
(916)653-5040 Fax
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This is to provide you with a copy of the notice of proposed regulatory action relative to
Sections 465 and 472, Title 14, California Code of Regulations, relating to the
prohibition of prizes for the take of furbearers and nongame mammals, which will be
published in the California Regulatory Notice Register on August 29, 2014.
Please note the dates of the public hearings relate to this matter and associated
deadlines for receipt of written comments.
Ms. Caren Woodson, Fish and Game Commission, phone (916) 651-1329, has
been designated to respond to questions on the substance of the proposed
regulations.
Sincerely,
l
Caren Woodson
Associate Government Program Analyst
Enclosure
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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 sections 200, 202, 203, 3003.1, 3800, 4009.5, and
4150, of the Fish and Game Code and to implement, interpret, or make specific sections
200, 201, 202, 203, 203.1, 206, 207, 355, 2003, 3800, and 4150 of said Code, proposes
to amend Sections 465 and 472, Title 14, California Code of Regulations, relating to
take of nongame animals.
Informative Digest/Policy Statement Overview
Section 2003 of Fish and Game Code (FGC), subsection (a) prohibits offering prizes or
other inducements "for the taking of game birds, mammals, fish, reptiles or amphibians
in an individual contest, tournament or derby." However, Section 2003, FGC, then goes
on to provide limited exceptions to this rule. These exceptions permit take of game fish
if permitted by the Department of Fish and Wildlife (Department), frog -jumping contests,
fish contests conducted in the waters of the Pacific Ocean, and, in subsection (d), the
offering of prizes "for the taking of game birds and mammals, if the total value of all
prizes or other inducements is less than five hundred dollars ($500)." The Commission's
proposed regulatory changes resolve the potential inconsistent treatment of "game" and
"nongame mammals" in subsections (a) and (d) by clarifying that Section 2003, FGC,
prohibits offering prizes or inducements for take of all mammals (game, nongame, and
furbearers) in subsection (a), and, in subsection (d) permits prize offerings of less than
$500 only for the take of game mammals.
The Commission reasons the word "game" preceding "birds" in subsection (a) was not
intended to apply to "mammals" because the use of a comma between "birds" and
"mammals" makes clear that "game" only applies to "birds" in this general prohibition.
Subsection (a) is clearly a longstanding broad prohibition protecting game birds and all
mammals, fish, reptiles, and amphibians. Turning to subsection (d), the Commission
further reasons that in this later added subsection the word "game' preceding "birds"
was intended to apply to "mammals."
The Commission views the alternative reading of subsection 2003(d), FGC, permitting
inducements for the unlimited take of furbearers and nongame mammals as
unsportsmanlike and likely not the intent of the legislature in the 2004 amendment
adding subsection (d). The Commission believes that offering inducements for hunting
contests of animals with no regulated take does not reflect good sportsmanship or the
likely intent of the legislature. Therefore, the Commission believes the changes to
sections 465 and 472 clarify the proper interpretation of subsection 2003(d), FGC, and
recognize and encourage sportsmanlike behavior.
The proposed regulations are neither inconsistent nor incompatible with existing state
regulations. Section 20, Article IV, of the State Constitution specifies that the Legislature
may delegate to the Fish and Game Commission such powers relating to the protection
and propagation of fish and game as the Legislature sees fit. The Legislature has
delegated to the Commission the power to regulate take and possession of nongame
mammals (Sections 203 and 4150). The Commission has reviewed its own regulations
and finds that the proposed regulations are neither inconsistent nor incompatible with
existing state regulations. The Commission has searched the California Code of
Regulations and finds no other state agency regulations pertaining to offering prizes or
other inducements for the take of furbearers and nongame animals.
Benefits of the Proposed Regulations
Adoption of clear instruction about the legal hunting of furbearers and nongame
mammals provides for the conservation, maintenance, and utilization of the living
resources of the state's wildlife under the jurisdiction of the state for the benefit of all the
citizens of the state. The proposed regulations provide continued recreational
opportunity to the public, afford opportunities for multi -generational family activities, and
promote respect for California's environment by the future stewards of the State's
resources. The fees that hunters pay for licenses and stamps are used for conservation.
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 Mount Shasta Hatchery
Museum, 1 North Old Stage Road, Mount Shasta, California, on Wednesday,
October 8, 2014, 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, orally or
in writing, relevant to this action at a hearing to be held in the Airtel Plaza Hotel,
7277 Valjean Avenue, Van Nuys, California, on Wednesday, December 3, 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
November 20, 2014, at the address given below, or by fax at (916) 653-5040, or by
email to FGC(@fgc.ca.gov. Written comments mailed, faxed or emailed to the
Commission office, must be received before 12:00 noon on November 26, 2014.
All comments must be received no later than December 3, 2014, at the hearing in
Van Nuys, 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, 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 Caren Woodson at the
preceding address or phone number. Caren Woodson, Fish and Game Commission,
phone 916-651-1329, 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.tgc.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 or repeal of regulations prescribed in Sections
11343.4, 11346.4 and 11346.8 of the Government Code. Any person interested may
obtain a copy of said regulations prior to the date of adoption by contacting the agency
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.
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 proposal clarifies and strengthens
the enforceability of portions of the current regulation.
(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 Commission does not anticipate any impacts the proposed action would
have on the creation or elimination of jobs or businesses in California or on the
expansion of businesses in California; and, does not anticipate benefits to worker
safety, because the proposal only clarifies the application of a specific section of
Fish and Game Code.
The Commission anticipates benefits to the health and welfare of California
residents. The proposed regulations are intended to provide continued
recreational opportunity to the public. Hunting provides opportunities for multi-
generational family activities and promotes respect for California's environment
by the future stewards of the State's resources.
The Commission anticipates benefits to the environment by the sustainable
management of California's upland game resources. The fees that hunters pay
for licenses and stamps are used for conservation.
(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: Executive Director