HomeMy WebLinkAboutNotice of Proposed Regulatory Actions - upland game birdCommissioners
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
ZEIMM
STATE OF CALIFORNIA
Edmund G. Brown Jr., Governor
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
Sections 300 and 70!, Title 14, California Code of Regulations, relating to upland game
bird, which will be published in the California Regulatory Notice Register on �May 9,
2014
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Ar. Scott Gardner, Department of Fish and Wildlife, phone (916) 801-6257, has
ieen designated to respond to questions on the substance of the proposed
,*egulations.
Caren Woodson
131„➢T11, COUNTY
ADNHNSUATION
MAY 0 7 2014"
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.OVILLJ-,� ' LIFORNIA
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 and 355, of the Fish and
Game Code and to implement, interpret, or make specific sections 200, 202, 203.1,
215, 220, 355, and 356 of said Code, proposes to amend Section 300, Title 14,
California Code of Regulations, relating to Upland Game Birds.
Informative Dilgest/Policy Statement Overview
Current regulations in Title 14, California Code of Regulations (CCR) provide general
hunting seasons for taking resident and migratory upland game birds under Section
300. The Department is recommending six regulation changes under this section as
follows:
1. Adjust annual number of sage grouse hunting permits by zone.
Current regulations under subsection 300(a)(1)(D)4. provide a number of permits for
the general sage grouse season in each of four zones. At this time the Department
has proposed a range of permits specific for all four hunt zones. The final permit
numbers will be proposed in June after spring lek counts are completed and annual
population data are analyzed. Permit ranges for sage grouse hunting in 2014 are
recommended as follows:
East Lassen: 0-50 (two -bird) permits
Central Lassen: 0-50 (two -bird) permits
North Mono: 0-100 (one -bird) permits
South Mono: 0-100 (one -bird) permits
2. Administrative changes to subsection 300(a)(1)(D)5. to reflect the Department's
change to application procedures for sage grouse permits under the new Automated
License Data System (ALDS).
3. Establish a longer general archery season for pheasants.
Current regulations provide for a 23 -day early pheasant archery season under
subsection 300(a)(2)(A)1.a. and a 44 -day general pheasant archery season under
subsection 300(a)(1)(A)1.b.. The proposed regulation re-establishes a later
pheasant archery -only season, and extends the season for 28 days, to allow for
hunting opportunity both before and after the general pheasant season. However,
archery equipment cannot be used on Type A and B wildlife areas during the
pheasant and waterfowl seasons per subsection 551(b)(6).
4. Open Eurasian collared -dove season year-round statewide
In 2013, Eurasian collared -dove season was opened all year in Imperial County
under subsection 300(b)(1)(C). The changes proposed by the Department for the
2014-2015 season, and thereafter, would extend the all year open season for
Eurasian collared -dove to apply statewide.
5. Increase the maximum daily bag limit to 15 for mourning and white -winged doves in
aggregate; of which no more than 10 may be white -winged doves.
The recommendations from the Pacific Flyway Council at the March 11, 2014,
meeting was for the "Standard" regulatory alternative as prescribed by the mourning
dove harvest strategy for doves in the Western Management Unit. In California, the
daily bag limit for the Standard alternative is 15 mourning and white -winged doves in
aggregate; of which no more than 10 may be white -winged doves.
6. Minor editorial changes are also provided for consistency and clarity. The
Department also proposes to make the following editorial changes:
Correct two omissions of necessary text. Adding text to subsection 300(a)(1)(C)
specifying: Species. 2. Seasons, 3. Daily Bag and Possession Limits. Also a new
subparagraph is added to 300(a)(2)(C) specifying: 3. Area: Statewide.
The Eurasian collared -dove, spotted dove, and ringed turtle -dove are resident game
bird species (per Fish and Game Code §3500 and 3683). For clarity and
consistency, these species will be moved from under subsection 300(b), Migratory
Upland Game Birds, to subsection 300(a), Resident Upland Game Birds.
Benefits of the Proposed Regulations
Adoption of sustainable upland game seasons, bag and possession limits provides for
the maintenance of sufficient populations of upland game to ensure their continued
existence.
The Fish and Game Commission, pursuant to Fish and Game Code Sections 200, 202,
and 203, has the sole authority to regulate upland game bird hunting in California.
Commission staff has searched the California Code of Regulations and has found the
proposed changes pertaining to hunting of resident game birds are consistent with
Sections 550-553, 630, 703 and 4501 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 River Lodge Conference
Center 1800 Riverwalk Drive, in Fortuna, California, on Wednesday, June 4, 2014, 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 Hilton San Diego Mission
Valley, at 901 Camino Dei Rio South, San Diego, California, on Wednesday, August 6,
2014, 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 July 24, 2014, at the
address given below, or by fax at (916) 653-5040, or by e-mail to FGC(Dfgc.ca.gov.
Written comments mailed, faxed or e-mailed to the Commission office, must be received
before 5:00 p.m. on August 1, 2014. All comments must be received no later than
August 6, 2014, at the hearing in San Diego, 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, 14.16 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. Scott Gardner, Department of Fish and
Wildlife, phone 916-801-6257, 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. 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.
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 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 regulations propose only minor changes to current seasons
and bag limits.
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 11342.550 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