http://www.fgc.ca.gov/regulations/2012/5_05fsor.pdf
STATE OF CALIFORNIA
FISH AND GAME COMMISSION
FINAL STATEMENT OF REASONS FOR REGULATORY ACTION
Amend Sections 5.05 and 5.60
Title 14, California Code of Regulations
Re: SF 4: Sport Fishing Regulations fo
r the Take of Amphibians and Reptiles
I. Date of Initial Statement of Reasons: May 25, 2012
II. Date of Final Statement of Reasons: November 8, 2012
III. Dates and Locations of Scheduled Hearings:
(a) Notice Hearing: Date: June 20, 2012
Location: Mammoth Lakes, CA
(b) Discussion Hearing Date: August 8, 2012
Location: Ventura, CA
(c) Adoption Hearing:
Date: November 7, 2012
Location: Los Angeles, CA
IV. Update:
There were no changes from the Initia
l Statement of Reasons regulatory
language.
The Fish and Game Commission adopted
the proposed regulations at its
November 7, 2012 meeting.
V. Summary of Primary Considerations Ra
ised in Support of or Opposition to the
Proposed Actions and Reasons for Re
jecting those considerations:
No public comments, writt
en or oral, were received during the public comment
period.
VI. Location and Index of Rulemaking File:
A rulemaking file with attached
file index is maintained at:
California Fish and Game Commission
1416 Ninth Street
Sacramento, California 95814
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VII. Location of Department files:
Department of Fish and Game
1416 Ninth Street
Sacramento, California 95814
VIII. Description of Reasonable Alte
rnatives to Regulatory Action:
(a) Alternatives to Regulatory Action:
No alternatives were identified.
(b) No change Alternative:
The no change alternative would result
in the Commission and Department
continuing to allow take of species
known to be at conservation risk without
having evaluated the effects of
sport take on these species.
(c) Consideration of Alternatives:
In view of information currently
possessed, no reasonable alternative
considered would be more effective in
carrying out the purposes for which
the regulation is propos
ed or would be as effective and less burdensome to
the affected private persons
than the proposed regulation.
IX. Impact of Regulatory Action:
The potential for significant statewide adver
se economic impacts that might result
from the proposed regulatory action
has been assessed, and the following
determinations relative to the requir
ed 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 action will not have a signi
ficant statewide adverse economic
impact directly affecting business,
including the ability of California
businesses to compete with businesse
s in other states. The proposed
changes are necessary for the continued
preservation of the resource and
therefore the preventio
n of adverse economic
impacts. The actions
proposed will improve D
epartment efforts related to
conservation of at-risk
animals in California.
(b) Impact on the Creation or
Elimination of Jobs Within
the State, the Creation
of New Businesses or the Eliminat
ion of Existing Businesses, or the
Expansion of Businesses in California:
The Commission does not anticipate
any impacts on the creation or
elimination of jobs,
the creation of new business,
the elimination of existing
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businesses or the expansion of busine
sses in California. The potential
impacts from the proposed regulations
in the Sport Fishing Review Cycle
may range from 0 to 16,000 jobs
depending on the Commission’s final
actions. The impacted businesses are generally small businesses
employing few individuals and, like a
ll small businesses, are subject to
failure for a variety of causes. A
dditionally, the long-term intent of the
proposed action is to increase sustainabi
lity in fishable sturgeon stocks and,
subsequently, the promotion and long-
term viability of these same small
businesses.
(c) Cost Impacts on a Representat
ive Private Person or Business:
The agency is not aware of any cost im
pacts that a repr
esentative 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/Sa
vings to Local Agencies:
None.
(f) Programs mandated on Local A
gencies or School Districts:
None.
(g) Costs Imposed on Any Local Agency or School District that is Required to
be Reimbursed Under Part 7 (co
mmencing with Section 17500) of
Division 4, Government Code:
None.
(h) Effect on Housing Costs:
None.
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Updated Informative Digest/Policy Statement Overview
Existing regulations specify 28 amphibians and
58 reptiles that can
lawfully be collected
with a sportfishing license in Californ
ia. The proposed regulatory change removes
species designated as Species of Specia
l Concern from aut
horized take with a
sportfishing license, and revises special
closure areas to include 11 species or
subspecies. The regulation change is intend
ed to increase conservation consideration
for animals known to be at risk. The
regulation change also updates scientific and
common names to those currently in use to
help eliminate pot
ential confusion by
licensees or Department staff. The regulatio
n change also explicitly lists rattlesnake
species allowed for sport take to elim
inate existing confusion about how bag and
possession limits apply to these snakes. Fo
r two amphibian species now known to be
introduced to California, the
regulation change also revises the bag and possession limit
from four to unlimited.
The Department designates Species of Specia
l Concern to focus attention on animals
at risk and achieve conservation and recovery
before listing them as threatened or
endangered becomes necessary. The Departm
ent currently has no information about
amount or effects of sport take
for these animals, so it is
therefore prudent to remove
species of concern from collection.
Numerous taxonomic revisions have occurred
since this regulation was last amended in
2002. The proposed regulatory change updat
es common and scientific names to
current nomenclature, delineates geographic boundaries for Special Closures as
necessary to reflect taxonomic changes
or other new scientific information.
Proposed Regulations
Consideration and adoption of
these proposed regulations
(amending 5.0 and 5.60) will
result in the following:
•
Removal of eight amphibians and three rept
iles from the list of species currently
authorized for take with a sportfishing li
cense. Twenty amphi
bians and 55 reptiles
will remain legal for take with a sportfishing license.
•
Provide current taxonomic nomencla
ture for all species on the list.
•
Updated language regarding Special Closures where new scientific information
indicates closures to be appropriate.
•
Changing the bag and possession limit for
two non-native amphibians from four to
unlimited.
•
Explicitly listing rattlesnake species authoriz
ed for sport take to eliminate existing
confusion about applicable bag and po
ssession limits for these snakes.
•
The benefits of the proposed r
egulations are to improve
conservation of at-risk
animals in California, sustainable m
anagement of sport fishing resources, and
promotion of businesses that rely
on California’s sport fisheries.
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•
The proposed regulations are
neither inconsistent nor in
compatible with existing
state regulations.
•
The Commission does not anticipate non
-monetary benefits to
the protection of
public health and safety, worker safety,
the prevention of di
scrimination, the
promotion of fairness or social eq
uity and the increase in openness and
transparency in business and government.
The regulations were adopted as propos
ed at the Commission’s November 7,
2012 meeting in Los Angeles, CA.