California Regulatory Notice Register — Register 2019, No. 3-Z (January 18, 2019)

Cal. Reg. Notice Reg. 2019, No. 3

California Z Register

REGISTER (Continued on next page) Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW 2019, NO. 3−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 18, 2019 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File No.

Z2019−0108−03 ........................................... 83 Amendment Multi−County: Los Gatos−Saratoga Joint Union High School District Tahoe Forest Hospital District Eastern Sierra Transit Authority Modesto Irrigation District Anderson−Cottonwood Irrigation District Kaweah Delta Water Conservation District TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Guava Fruit Fly Eradication Area — Notice File No. Z2019−0107−01 ..................................... 84 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Peach Fruit Fly Eradication Area — Orange County — Notice File No.

Z2019−0107−03 ................................................................... 86 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Peach Fruit Fly Eradication Area — Ventura County — Notice File No. Z2019−0107−02 ................................................................... 89 TITLE 9. DEPARTMENT OF STATE HOSPITALS Alienist Guidelines Regulation — Notice File No. Z2019−0108−05 ........................................ 91 TITLE 14. FISH AND GAME COMMISSION Central Valley Salmon Sport Fishing — Notice File No. Z2019−0108−01 ................................... 94 TITLE 14.

FISH AND GAME COMMISSION Klamath River Basin Sport Fishing Regulations — Notice File No. Z2019−0108−01 ................................................................... 98

TITLE 14. FISH AND GAME COMMISSION Waterfowl, Migratory Hunting Regulations 2019−2020 Season — Notice File No. Z2019−0108−07 .................................................................. 102 TITLES 14 AND 27. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Short−Lived Climate Pollutants — Notice File No. Z2019−0104−02 ...................................... 109 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Audio Video Surveillance Systems — Notice File No. Z2019−0108−06 .................................... 116 TITLE 22.

DEPARTMENT OF CHILD SUPPORT SERVICES Conflict−of−Interest Code Amendment — Notice File No. Z2019−0107−04 ................................ 119 TITLE MPP. DEPARTMENT OF SOCIAL SERVICES CalWORKs Statewide Fingerprint Imaging System (SFIS) Repeal and New ID Process — Notice File No. Z2019−0104−01 .................................................................. 120 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Fish and Game Code

Section 1653 Consistency Determination Request for Novy− Rice−Zenkus Fish Passage Improvement Project (Tracking Number: 1653−2019−031−001−R1), Siskiyou County ......................................... 123 DEPARTMENT OF PUBLIC HEALTH Notice of Correction for Fiscal Impact Estimate Concerning Source Material Distribution and General License Revisions (Previously Published in Notice Register 2018, No. 51−Z) .............................................. 123

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 124 Sections Filed, August 8, 2018 to January 9, 2019 .................................................... 127 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 83 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Los Gatos−Saratoga Joint Union High School District Tahoe Forest Hospital District Eastern Sierra Transit Authority Modesto Irrigation District Anderson−Cottonwood Irrigation District Kaweah Delta Water Conservation District A written comment period has been established com- mencing on January 18, 2019, and closing on March 4, 2019.

Written comments should be directed to the Fair Political Practices Commission, Attention Brianne Kil- bane, 1102 Q Street, Suite 3000, Sacramento, Califor- nia 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

s) will be submitted to the Commission’s Executive Director for her review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon her or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than March 4, 2019. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code−reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Brianne Kilbane,

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 84 Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Brianne Kilbane, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322−5660. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture amended

section 3591.13 in Title 3 of the California Code of Reg- ulations pertaining to the Guava Fruit Fly Eradication Area as an emergency action that was effective on Sep- tember 12, 2018. The Department proposes to continue the regulation as amended and to complete the amend- ment process by submission of a Certificate of Compli- ance no later than March 11, 2019. This notice is being provided in compliance with Government Code

Section 11346.4. PUBLIC HEARING A public hearing is not scheduled. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed amendment to the Department. Comments may be submitted by mail, facsimile (FAX) at 916.651.2900 or by email to Dean.Kelch@cdfa.ca.gov.

The written comment period closes at 5:00 p.m. on March 4, 2019. The Department will consider only comments received at the Department offices by that time.

Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.406.6650 916.651.2900 (FAX) Following the public hearing if one is requested, or following the written comment period if no public hear- ing is requested, the Department of Food and Agricul- ture, at its own motion, or at the instance of any interest- ed person, may adopt the proposal substantially as set forth without further notice.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law provides that the Secretary is obligated to investigate the existence of any pest that is not gener- ally distributed within this state and determine the prob- ability of its spread and the feasibility of its control or eradication (Food and Agricultural Code (FAC) Sec- tion 5321). Existing law also provides that the Secretary may es- tablish, maintain and enforce quarantine, eradication and other such regulations as she deems necessary to protect the agricultural industry from the introduction and spread of pests (FAC Sections 401, 403, 407 and 5322).

Anticipated Benefits from This Regulatory Action Existing law, FAC

section 403, provides that the De- partment shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, FAC

section 407, provides that the Sec- retary may adopt such regulations as are reasonably necessary to carry out the provisions of this code that the Secretary is directed or authorized to administer or enforce. Existing law, FAC

section 5321, provides that the Secretary is obligated to investigate the existence of any pest that is not generally distributed within this State and determine the probability of its spread, and the fea- sibility of its control or eradication. Existing law, FAC

section 5322, provides that the Secretary may establish, maintain, and enforce quaran- tine, eradication, and such other regulations as are in the Secretary’s opinion necessary to circumscribe and ex- terminate or prevent the spread of any pest which is de- scribed in FAC

section 5321. Existing law, CCR

Section 3591.13, defines the state’s eradication areas for guava fruit fly. The existing law obligates the Secretary to investi- gate and determine the feasibility of controlling or erad-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 85 icating pests of limited distribution, but establishes dis- cretion with regard to the establishment and mainte- nance of regulations to achieve this goal. This amend- ment provides the necessary regulatory authority to pre- vent the artificial spread of a serious insect pest, which is a mandated statutory goal. This regulation will benefit the public’s general wel- fare by providing authority for the State to perform de- tection, control, and eradication activities against guava fruit fly in Ventura County.

The implementation of this regulation will prevent: • direct damage to the agricultural industry growing host fruits • indirect damage to the agricultural industry growing host fruits due to the implementation of quarantines by other countries and loss of export markets • increased production costs to the affected agricultural industries • increased pesticide use by the affected agricultural industries • increased costs to the consumers of host fruits • increased pesticide use by homeowners and others • the need to implement a State interior quarantine • the need to implement a federal domestic quarantine There is no existing, comparable federal regulation or statute regulating the intrastate movement of this pest.

The Department considered any other possible relat- ed regulations in this area, and it found that these are the only regulations dealing in this subject area, and the De- partment is the only State agency which can implement these eradication areas for plant pests. As required by Government Code

Section 11346.5(a)(3)(D), the De- partment has conducted an evaluation of this regulation and has determined that it is not inconsistent or incom- patible with existing state regulations. AMENDED TEXT This emergency rulemaking action added Ventura County to the Guava Fruit Fly Eradication Area. The ef- fect of the amendment of this regulation is to provide authority for the State to perform eradication activities against guava fruit fly in the county of Ventura.

DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None and no nondiscre- tionary costs or savings to local agencies or school districts. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Small Business Determination The Department has determined that the proposed regulations may affect small businesses. Significant effect on housing costs: None.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS Amendment of these regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California The Department has determined the amendment of this regulation would benefit: • the general public • homeowners and community gardens • agricultural industry • the State’s general fund There are no known specific benefits to worker safety or the health of California residents. ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative it considered to the regulation or that has

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 86 otherwise been identified and brought to its attention would either be more effective in carrying out the pur- pose for which the action is proposed or would be as ef- fective and less burdensome to affected private persons than the proposed action or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this Notice. AUTHORITY The Department proposes to amend

section 3591.13 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762 and 5763 of the Food and Agricultural Code.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed is: Dean Kelch, Department of Food and Agriculture, Plant Health and Pest Prevention Services, 1220 N Street, Room 210, Sacramento, California 95814, (916) 403−6650, FAX (916) 651−2900, E−mail: Dean.Kelch@cdfa.ca.gov. In his absence, you may contact Laura Petro at (916) 654−1017. Questions re- garding the substance of the proposed regulation should be directed to Dean Kelch.

INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site ( www.cdfa.ca.gov/plant/Regulations.html). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed actions, has available all the information upon which its proposal is based, and has available the express terms of the proposed action. A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request.

The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, when completed, the final statement of reasons will be avail- able upon request. Requests should be directed to the contact named herein. If the regulations adopted by the Department 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 interested person may obtain a copy of said regu- lations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture amended

section 3591.12 in Title 3 of the California Code of Reg- ulations pertaining to the Peach Fruit Fly Eradication Area as an emergency action that was effective on Octo- ber 8, 2018. The Department proposes to continue the regulation as amended and to complete the amendment process by submission of a Certificate of Compliance no later than April 8, 2019. This notice is being provided in compliance with Government Code

The written comment period closes at 5:00 p.m. on March 4, 2019. The Department will consider only comments received at the Department offices by that time. Submit comments to: Dean Kelch Department of Food and Agriculture Plant Health and Pest Prevention Services 1220 N Street Sacramento, CA 95814 Dean.Kelch@cdfa.ca.gov 916.406.6650 916.651.2900 (FAX)

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 87 Following the public hearing if one is requested, or following the written comment period if no public hear- ing is requested, the Department of Food and Agricul- ture, at its own motion, or at the instance of any interest- ed person, may adopt the proposal substantially as set forth without further notice.

Anticipated Benefits from This Regulatory Action Existing law, FAC

section 403, provides that the De- partment shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, FAC

section 5321. Existing law, CCR

Section 3591.12, defines the state’s eradication areas for peach fruit fly. The existing law obligates the Secretary to investi- gate and determine the feasibility of controlling or erad- icating pests of limited distribution, but establishes dis- cretion with regard to the establishment and mainte- nance of regulations to achieve this goal. This amend- ment provides the necessary regulatory authority to pre- vent the artificial spread of a serious insect pest, which is a mandated statutory goal.

Section 11346.5(a)(3)(D), the De- partment has conducted an evaluation of this regulation and has determined that it is not inconsistent or incom- patible with existing state regulations. AMENDED TEXT This emergency rulemaking action added Orange County to the Peach Fruit Fly Eradication Area. The ef- fect of the amendment of this regulation is to provide authority for the State to perform eradication activities against peach fruit fly in the county of Orange.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 88 Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: The agency is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Small Business Determination The Department has determined that the proposed regulations may affect small businesses.

Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ANALYSIS Amendment of these regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the pur- pose for which the action is proposed or would be as ef- fective and less burdensome to affected private persons than the proposed action or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this Notice. AUTHORITY The Department proposes to amend

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 89 Any interested person may obtain a copy of said regu- lations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture amended

section 3591.12 in Title 3 of the California Code of Reg- ulations pertaining to the Peach Fruit Fly Eradication Area as an emergency action that was effective on Sep- tember 12, 2018. The Department proposes to continue the regulation as amended and to complete the amend- ment process by submission of a Certificate of Compli- ance no later than March 11, 2019. This notice is being provided in compliance with Government Code

The written comment period closes at 5:00 p.m. on March 4, 2019. The Department will consider only comments received at the Department offices by that time.

Anticipated Benefits from This Regulatory Action Existing law, FAC

section 403, provides that the De- partment shall prevent the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds. Existing law, FAC

section 5321. Existing law, CCR

This regulation will benefit the public’s general wel- fare by providing authority for the State to perform de- tection, control, and eradication activities against peach fruit fly in Ventura County. The implementation of this regulation will prevent: • direct damage to the agricultural industry growing host fruits • indirect damage to the agricultural industry growing host fruits due to the implementation of

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 90 quarantines by other countries and loss of export markets • increased production costs to the affected agricultural industries • increased pesticide use by the affected agricultural industries • increased costs to the consumers of host fruits • increased pesticide use by homeowners and others • the need to implement a State interior quarantine • the need to implement a federal domestic quarantine There is no existing, comparable federal regulation or statute regulating the intrastate movement of this pest.

Section 11346.5(a)(3)(D), the De- partment has conducted an evaluation of this regulation and has determined that it is not inconsistent or incom- patible with existing state regulations. AMENDED TEXT This emergency rulemaking action added Ventura County to the Peach Fruit Fly Eradication Area. The ef- fect of the amendment of this regulation is to provide authority for the State to perform eradication activities against peach fruit fly in the county of Ventura.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS Amendment of these regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

section 3591.12 pursuant to the authority vested by Sections 407 and 5322 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 407, 5322, 5761, 5762 and 5763 of the Food and Agricultural Code. CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 91 quest for a public hearing may be directed is: Dean Kelch, Department of Food and Agriculture, Plant Health and Pest Prevention Services, 1220 N Street, Room 210, Sacramento, California 95814, (916) 403−6650, FAX (916) 651−2900, E−mail: Dean.Kelch@cdfa.ca.gov. In his absence, you may contact Laura Petro at (916) 654−1017. Questions re- garding the substance of the proposed regulation should be directed to Dean Kelch.

DEPARTMENT OF STATE HOSPITALS NOTICE OF PUBLIC COMMENT PERIOD FOR PROPOSED ADOPTION OF THE ALIENIST GUIDELINES REGULATION The Department of State Hospitals (Department or DSH) is proposing adoption of the regulations for the Alienist Guidelines after considering all relevant public comments, objections, and recommendations. PUBLIC HEARING A public hearing is not currently scheduled; however, you may request the Department to conduct a public hearing.

A public hearing will be held if any interested person, or his or her duly authorized representative, re- quests a public hearing to be held relevant to the pro- posed action by submitting a written request to the con- tact person identified in this notice no later than 5:00 p.m., fifteen (15) days prior to the close of the written comment period. If a request for public hearing is re- ceived by February 18, 2019, the time, date, and loca- tion of the public hearing will be provided by separate notice.

WRITTEN COMMENT PERIOD AND SUBMITTAL OF COMMENTS Any interested person or his or her representative may provide comments relevant to the proposed regula- tory action to the Department by personal delivery, postal mail service, fax, or email submittal as follows. The public comment period for this regulatory action will begin on January 18, 2019. For any written com- ment to be considered must be received by the Depart- ment no later than 5:00 p.m., on March 4, 2019.

Comments sent to persons and/or addresses other than that specified, or received after the date and time specified above, will be included in the record of this proposed regulatory action, but will not be summarized or responded to regardless of the manner of transmission. For consideration, any written comments shall be submitted as follows: 1. By email to DSH.Regulations@dsh.ca.gov. It is requested that all comments, particularly those emailed with attachments, contain the regulation package identifier “Alienist Guidelines” in the subject line to facilitate timely identification and review; 2.

By fax transmission to (916) 651−3090; 3. By United States Postal Service to: California Department of State Hospitals Regulations Unit RE: Alienist Guidelines 1600 9th Street, Room 410 Sacramento, CA 95814; or 4. Hand−delivered to the address above. AUTHORITY AND REFERENCE This regulatory action is proposed under the authority granted to the Department in Welfare and Institutions Code sections 4005.1, 4027, 4101, and 4312, and Penal Code

section 1369. This action is proposed to imple-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 92 ment, interpret and make specific Penal Code sections 1369, 1370, 1370.01, and 1370.1. INFORMATIVE DIGEST AND POLICY STATEMENT OVERVIEW PURSUANT TO GOVERNMENT CODE

SECTION 11346.5(a)

(3) Sections Affected: The Department proposes to adopt new

article 7.5 and sections 4750, 4751, and 4752, title 9, California Code of Regulations (CCR). Existing Laws/Regulations: Penal Code

section 1369 mandates that the Depart- ment adopt guidelines for the education and training standards for a psychiatrist or psychologist to be con- sidered for appointment by the court to evaluate a de- fendant whose mental competence is in question. Effect of the Proposed Regulatory Action: This proposed rulemaking adopts the Alienist Guide- lines to assist the courts in their consideration of experts to evaluate individuals whose mental competency is at issue.

This proposed rulemaking specifies the educa- tion and training the Department believes are adequate for an expert to evaluate a defendant and reliably advise the court on his or her mental competency to stand trial. Further, this proposed rulemaking aims to result in reli- able competency evaluation, assisting the court in com- mitting to the Department only the individuals who are incompetent to stand trial.

Policy Statement Overview/Anticipated Objectives and Benefits of the Proposed Regulatory Action: Standardizing the training and experience required of psychiatrists or licensed psychologists who evaluate defendants for mental competency is crucial in ensuring that evaluations are as complete and accurate as possi- ble; that courts can then rely on the evaluations; and that the resulting incompetency commitments to the De- partment are appropriate.

Further, a standard guideline on the training and experience a competency evaluator should have helps ensure that individuals can expect to receive a fair, reliable assessment of their competence to stand trial. Obtaining such a diagnosis would result in those who are mentally competent to remain in the criminal justice system until timely adjudication of their cases and in those who are incompetent to timely receive appropriate competency restoration.

Conse- quently, Department resources will be spent on those who need competency restoration, and the courts can reduce case delays by avoiding the erroneous commit- ment of a mentally competent individual. Evaluation of Inconsistency or Incompatibility with Existing State Regulations: During the development of this regulatory action, DSH reviewed the regulations on this topic and con- cluded that the proposed amendments are neither incon- sistent nor incompatible with existing state regulations or statutes.

Comparable to Federal Regulations: There are no existing federal regulations or statutes comparable to the proposed regulations within a Cali- fornia DSH facility. LOCAL MANDATE (Gov. Code, § 11346.5(a)(5)) Under Government Code

section 11346.5, subdivi- sion (a)(5), DSH has determined that the proposed regu- latory action would not impose a mandate on any local agency or school district that requires reimbursement by the State under Government Code, title 2, division 4,

part 7 (commencing with

section 17500). FISCAL IMPACTS (Gov. Code, § 11346.5(a)(6)) The determination of the Department concerning the costs or savings incurred by public agencies and private persons and businesses in reasonable compliance with the proposed regulatory action are presented below. Cost to any local agency or school district requiring reimbursement under

section 17500 et seq.: DSH has determined that the proposed regulatory ac- tion would not create costs or savings to any local agen- cy or school district. Cost or savings to any State agency: DSH has determined that the proposed regulatory ac- tion would not create costs or savings to any State agency. Other non−discretionary costs or savings to local agencies: DSH has determined that the proposed regulatory ac- tion would not create any other nondiscretionary cost or savings to State or local agencies.

Cost or savings in Federal funding to the State: DSH has determined that the proposed regulatory ac- tion would not create costs or savings in federal funding to the State. HOUSING COSTS (Gov. Code, § 11346.5(a)(12)) In accordance with Government Code

section 11346.5, subdivision (a)(12), the Department has made

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 93 the initial determination that the proposed regulatory action will not have a significant effect on housing costs. These proposed regulations do not impact hous- ing since they only affect individuals committed to the Department and in Department custody. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE (Gov.

Code, §§ 11346.3(a), 11346.5(a)(7), 11346.5 (a)(8)) DSH has made an initial determination that the pro- posed regulatory action would not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states, or on rep- resentative private persons. STATEMENT OF RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (Gov. Code, § 11346.5(a)(10)) The creation of jobs within the State of California. It has been determined that the proposed action will not affect the creation of jobs.

The elimination of jobs within the State of California. It has been determined that the proposed action will not affect the elimination of jobs. The creation of new business within the State of California. It has been determined that the proposed action will not affect the creation of new businesses. The elimination of existing businesses within the State of California. It has been determined that the proposed action will not affect the elimination of existing businesses. The expansion of businesses currently doing business within the State of California.

It has been determined that the proposed action will not affect the expansion of businesses currently doing business in California. The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. It has been determined that the proposed action will protect the health, safety, and general welfare of Cali- fornia residents by ensuring that defendants whose competence is in question are timely evaluated by ap- propriate and qualified experts who have experience in diagnosing individuals for psycho−legal, forensic is- sues.

A timely, standardized, and appropriate evalua- tion would result in timely placement and treatment of an incompetent defendant and the timely adjudication of the pending cases of those who are competent and, later, those whose competence has been restored.

This uniform process has the following benefits: (1) courts can timely administer justice in cases where the individ- ual is actually competent and order the appropriate commitment of an incompetent individual to the De- partment; (2) mentally competent individuals do not have to spend time receiving unnecessary competency treatment, freeing up Department resources to admit, treat, and restore mentally incompetent individuals; (3) mentally incompetent individuals will receive appro- priate treatment and mental competency restoration that they require to move along in the criminal justice system; and (4) the general public and community can rest assured that the criminal justice system, in place in large part to keep them safe, is able to timely administer justice.

This proposed regulation may also benefit worker safety by ensuring that the state hospital system treats only appropriate and suitable patients, reducing the risk of erroneously treating patients inappropriate for competency restoration.

Lastly, this proposed regu- lation may benefit the State’s environment by stream- lining the consideration and appointment process — re- sulting in properly trained evaluators providing accu- rate diagnoses upon which the court can rely; appropri- ate commitment and treatment of mentally incompetent defendants; decrease in the risk of delay in the adminis- tration of justice — thus overall reducing carbon foot- print, waste, use of resources, and energy costs. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES (Gov.

Code, § 11346.5(a)(9)) In developing this regulatory proposal, DSH staff evaluated the potential economic impacts on represen- tative private persons or businesses. DSH is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable com- pliance with the proposed action. EFFECT ON SMALL BUSINESS (Cal. Code Regs., tit. 1, § 4, subds. (

a) and (b)) DSH has determined under California Code of Regu- lations, title 1,

section 4, that the proposed regulatory action would not affect small businesses because the proposed regulation only provides guidance on the training and education standards of experts for the courts to consider in appointing an expert to evaluate defendants for mental competency.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 94 ALTERNATIVES STATEMENT (Gov. Code, § 11346.5(a)(13)) In accordance with Government Code

section 11346.5, subdivision (a)(13), the Department must de- termine that no reasonable alternative it considered, or that has otherwise been identified and brought to its at- tention would be more effective in carrying out the pur- pose for which the action is proposed, would be as ef- fective and less burdensome to affected private persons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sions of law.

On March 29, 2017, DSH held a stakeholder meeting which was comprised of the Judicial Council and groups or individuals representing judges, defense counsel, district attorneys, counties, advocates for peo- ple with developmental and mental disabilities, state psychologists and psychiatrists, professional associa- tions and accrediting bodies for psychologists and psy- chiatrists, and other interested stakeholders in order to develop these guidelines and determined that no rea- sonable alternative it considered, or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less bur- densome to affected private persons than the proposed action, or would be more cost−effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provisions of law.

AGENCY CONTACT PERSONS (Gov. Code, § 11346.5(a)(14)) Inquiries concerning the substance of the proposed regulatory action may be directed to the agency repre- sentative Katherine Warburton, DO, Medical Director, (916) 654−3602 or (designated back−up contact) Susan Velasquez, Ph.D, Chief Psychologist, at (909) 280−3211.

A V AILABILITY OF DOCUMENTS The Department staff has compiled a record for this rulemaking action which includes all the information upon which the proposal is based, including an Initial Statement of Reasons (ISOR) for the proposed regula- tory action and the proposed text (the “express terms”) of the regulation.

Copies of the ISOR and the full text of the proposed regulatory language may be accessed on the Depart- ment’s website listed below or may be obtained from the agency representative to whom non−substantive in- quiries concerning the proposed administrative action may be directed: Trini Balcazar, Regulations Coordina- tor, Regulations Unit, by telephone at (916) 562−2824. HEARING PROCEDURES If a public hearing is scheduled, it will be conducted in accordance with the California Administrative Pro- cedure Act, Government Code, title 2, division 3,

part 1,

chapter 3.5 (commencing with

section 11340). After holding the public hearing if applicable, and consider- ing all timely and relevant comments received, the De- partment may adopt the proposed regulations substan- tially as described in this Notice. If the Department makes modifications which are sufficiently related to the originally proposed text, with the exception of grammatical changes, it will make the modified text, with the changes clearly indicated, available to the pub- lic for at least 15 days before the Department adopts the regulations as revised.

Please send requests for copies of any modified regulations to the attention of the con- tact person at the address indicated above. The Depart- ment will accept written comments on the modified reg- ulations for 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, the Final Statement of Reasons (FSOR) shall be available, and copies may be requested from the agency contact persons in this Notice or may be accessed on the Department’s Internet website listed below.

INTERNET ACCESS This Notice, the ISOR, the proposed regulation text, and all subsequent regulatory documents, including the FSOR when completed, are available on the Depart- ment’s website for this rulemaking at http://www.dsh. ca.gov/Publications/Regulations.aspx. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 315, 316.5, and 399 of the Fish and Game Code and to imple- ment, interpret or make specific sections 200, 205, 265, 270 and 316.5 of said Code, proposes to amend subsec- tions (b)(5), (b)(68), (b)(124), and (b)(156.5) of

Section 7.50, Title 14, California Code of Regulations, relating to central valley salmon sport fishing.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 95 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. Current regulations in subsections (b)(5), (b)(68), (b)(124) and (b)(156.5) of

Section 7.50 prescribe the 2018 seasons and daily bag and possession limits for Sacramento River fall−run Chinook Salmon (Oncorhynchus tshawytscha; SRFC) sport fishing in the American, Feather, Mokelumne, and Sacramento rivers, respectively. Collectively, these four rivers con- stitute the “Central Valley fishery” for SRFC. Each year, the Department of Fish and Wildlife (Department) recommends new Chinook Salmon bag and possession limits for consideration by the Commission to align fishing limits with up−to−date management goals, as set forth below.

The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for the man- agement of recreational and commercial ocean salmon fisheries in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing regulations by the National Marine Fisheries Service (NMFS).

The PFMC will develop the annual Pacific coast ocean salmon fisheries regulatory options for public re- view at its March 2019 meeting and will adopt its final regulatory recommendations at its April 2019 meeting based on the PFMC salmon abundance estimates and recommendations for ocean harvest (take) for the com- ing season. Based on the April 2019 recommendations by PFMC, the Department will recommend specific bag and possession limit regulations to the Commission at its April 17, 2019 meeting. The Commission will then consider adoption of the regulations at its May 16, 2019 teleconference.

For the purpose of PFMC mixed−stock fishery mod- eling and salmon stock assessment, adult salmon are generally those considered three to five years in age, and grilse salmon are those approximately two years of age. The age classes are distinguished by a cutoff of salmon total length measurement, depending on the in− river fishery. For purposes of the proposed regulation, this cutoff is presented as a range of 26 to 28 inches total length, as outlined under the options for the proposed regulations (below).

Proposed Regulations The Department recognizes the uncertainty of Sacra- mento River fall−run Chinook Salmon (SRFC) inland (in−river) harvest projections.

Therefore, the Depart- ment is presenting three regulatory options for the Commission’s consideration to tailor 2019 Central Val- ley fishery management to target 2019 in−river fish- eries harvest projections. • Option 1 is the most liberal of the three options and allows take of any size Chinook Salmon up to the daily bag and possession limits. • Option 2 allows for take of a limited number of adult Chinook Salmon, with grilse Chinook Salmon making up the remainder of the daily bag and possession limits. • Option 3 is the most conservative option and allows for a grilse−only Chinook Salmon fishery.

All three options increase fishing opportunities on the Feather and Mokelumne rivers by: (1) extending the salmon fishing season by two weeks on the Feather Riv- er between the Thermalito Afterbay Outfall and the Live Oak boat ramp; and (2) by extending the salmon and hatchery steelhead fishing season on approximate- ly 10 miles of the Mokelumne River between the High- way 99 Bridge and Elliott Road. All options would be applicable to the following river segments and time periods: American River, subsection 7.50(b)(5): (

B) From the USGS gauging station cable crossing near Nimbus Hatchery to the SMUD power line crossing the southwest boundary of Ancil Hoffman Park, July 16 through October 31 (

C) From the SMUD power line crossing at the southwest boundary of Ancil Hoffman Park to the Jibboom Street bridge, July 16 through December 31 (

D) From the Jibboom Street bridge to the mouth, July 16 through December 16 Feather River, subsection 7.50(b)(68): (

D) From the unimproved boat ramp above the Thermalito Afterbay Outfall to 200 yards above the Live Oak boat ramp, July 16 through October 31 (

E) From 200 yards above the Live Oak boat ramp to the mouth, July 16 through December 16 Mokelumne River, subsection 7.50(b)(124): (

A) From Comanche Dam to Elliott Road, July 16 through October 15

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 96 (

B) From Elliott Road to the Woodbridge Irrigation District Dam and including Lodi Lake, July 16 through December 31 (

D) From the Lower Sacramento Road bridge to the mouth, July 16 through December 16 Sacramento River below Keswick Dam, subsection 7.50(b)(156.5): (

C) From Deschutes Road bridge to the Red Bluff Diversion Dam, August 1 through December 16 (

D) From the Red Bluff Diversion Dam to the Highway 113 bridge, July 16 through December 16. (

E) From the Highway 113 bridge to the Carquinez Bridge, July 16 through December 16. The following options are provided for Commission consideration: Option 1 — Any Size Chinook Salmon Fishery This option is the Department’s preferred option if the 2019 SRFC stock abundance forecast is sufficiently high to avoid the need to constrain inland SRFC har- vest. Bag limit of [0−4] Chinook Salmon. Possession limit — [0−12] Chinook Salmon. Option 2 — Limited Adult and Grilse Salmon Fishery Bag limit of [0−4] Chinook Salmon of which no more than [0−4] fish over [26−28] inches total length may be retained.

Possession limit — [0−12] Chinook Salmon of which no more than [0−4] fish may be over [26−28] inches to- tal length. Option 3 — Grilse Salmon Fishery Only Bag limit of [0−4] Chinook Salmon less than or equal to [26−28] inches total length. Possession limit — [0−12] Chinook Salmon less than or equal to [26−28] inches total length. Other Changes: Under all options, changes are proposed to fix punc- tuation and to remove the extra word “in” in subsection 7.50(b)(124)(A).

BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates benefits to the environ- ment in the sustainable management of Central Valley Chinook Salmon resources. Other benefits of the pro- posed regulations are consistency with federal fishery management goals, health and welfare of California residents, and promotion of businesses that rely on Cen- tral V alley Chinook Salmon sport fishing. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV ,

Section 20 of the State Constitution speci- fies that the Legislature may delegate to the Commis- sion such powers relating to the protection and propaga- tion of fish and game as the Legislature sees fit. The Legislature has delegated to the Commission the power to regulate recreational fishing in waters of the state (Fish and Game Code sections 200, 205, 315 and 316.5). The Commission has reviewed its own regula- tions and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regu- lations.

The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to Chinook Salmon recreational fishing seasons, bag and possession limits for Central Valley sport fishing. 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 Natural Resources Building Auditorium, 1416 Ninth Street, First Floor, Sacramento, California, on Wednesday, February 6, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in the City of Santa Monica Civic Auditorium, East Wing, 1855 Main Street, Santa Monica, California, on Wednesday, April 17, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a teleconference hearing originating in the Commission’s conference room, 1416 Ninth Street, Room 1320, Sacramento, California, on Thursday, May 16, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that writ- ten comments be submitted on or before May 3, 2019, at the address given below, or by email to FGC@fgc.ca. gov. Written comments mailed, or emailed to the Com- mission office, must be received before 12:00 noon on May 10, 2019.

All comments must be received no later than May 16, 2019, at the teleconference hearing. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Com- mission, PO Box 944209, Sacramento, CA 94244−2090. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 97 underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Acting Executive Direc- tor, 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 Melissa Miller−Henson or Craig Castleton at the preceding address or phone num- ber. Senior Environmental Scientist, Karen Mitchell, Department of Fish and Wildlife, phone (916) 445−0826, or e−mail Karen.Mitchell@ wildlife.ca.gov, has been designated to respond to questions on the substance of the proposed regulations.

A V AILABILITY 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 reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 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 pre- scribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interest- ed 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 state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff.

IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories 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 changes are necessary for the continued preservation of the resource, while providing inland sport fishing opportunities and thus, the prevention of adverse economic impacts. (

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 does not anticipate adverse impacts, but acknowledges the potential for short−term negative impacts on the creation or elimination of jobs within the state.

The Commission anticipates no adverse impacts on the creation of new business, the elimination of existing businesses or the expansion of businesses in California. Minor variations in the bag and possession limits and/or the implementation of a size limit are unlikely to significantly impact the volume of business activity.

The loss of up to 20 jobs with Option 3 is not expected to eliminate businesses because reduced fishing days will be partially offset by the extension of the salmon fishing season on portions of the Feather and Mokelumne rivers and by opportunities to fish for grilse Chinook Salmon and other species. The Commission anticipates benefits to the health and welfare of California residents. Providing opportunities for a Chinook Salmon sport fishery encourages consumption of a nutritious food.

The Commission anticipates benefits to the environment by the sustainable management of California’s Chinook Salmon resources in the Central V alley. The Commission does not anticipate any benefits to worker safety. Other benefits of the proposed regulations are concurrence with federal fishery management goals and promotion of businesses that rely on Central V alley Chinook Salmon sport fishing. (

c) Cost Impacts on a Representative Private Person or Business:

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 98 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 reg- ulations 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. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by sections 200, 205, 265, 270, 315, 316.5, and 399 of the Fish and Game Code and to imple- ment, interpret or make specific sections 200, 205, 265, 270, and 316.5 of said Code, proposes to amend subsec- tion (b)(91.1) of

Section 7.50, Title 14, California Code of Regulations, relating to Klamath River Basin sport fishing regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. The Klamath River Basin, which consists of the Kla- math River and Trinity River systems, is managed for fall−run Chinook Salmon (Oncorynchus tshawytscha) through a cooperative system of State, federal, and trib- al management agencies. Salmonid regulations are de- signed to meet natural and hatchery escapement needs for salmonid stocks, while providing equitable harvest opportunities for ocean sport, ocean commercial, river sport, and tribal fisheries.

The Pacific Fishery Management Council (PFMC) is responsible for adopting recommendations for the man- agement of sport and commercial ocean salmon fish- eries in the Exclusive Economic Zone (three to 200 miles offshore) off the coasts of Washington, Oregon, and California. When approved by the Secretary of Commerce, these recommendations are implemented as ocean salmon fishing regulations by the National Marine Fisheries Service (NMFS).

The Commission adopts regulations for the ocean salmon sport (inside three miles) and the Klamath River Basin (in−river) sport fisheries, which are consistent with federal fishery management goals. Tribal entities within the Klamath River Basin main- tain fishing rights for ceremonial, subsistence, and commercial fisheries that are managed consistent with federal fishery management goals. Tribal fishing regu- lations are promulgated by the Tribes.

Klamath River Fall−Run Chinook Salmon Adult Klamath River fall−run Chinook Salmon (KRFC) harvest allocations and natural spawning es- capement goals are established by the PFMC. The KRFC harvest allocation between tribal and non−tribal fisheries is based on court decisions and allocation agreements between the various fishery representatives. For the purpose of PFMC mixed−stock fishery mod- eling and salmon stock assessment, salmon greater than 22 inches total length are defined as adult (ages 3−5) and salmon less than or equal to 22 inches total length are defined as grilse salmon (age 2).

PFMC Overfishing Review KRFC stocks have been designated as “overfished” by the PFMC. This designation is the result of not meet- ing conservation objectives for this stock. Management objectives and criteria for KRFC are defined in the PFMC Salmon Fishery Management Plan (FMP). The FMP outlines a process for preparing a “rebuild- ing plan” that includes assessment of the factors that lead to the decline of the stock, including fishing, envi-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 99 ronmental factors, model errors, etc. The rebuilding plan includes recommendations to address conserva- tion of KRFC, with the goal of achieving rebuilt status. The plan is currently under development by representa- tives of NMFS, PFMC, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife (Depart- ment), and Tribal entities, with a timeline for comple- tion in spring of 2019.

Forthcoming recommendations from the rebuilding plan may alter how KRFC are man- aged in the future, including changing the in−river allo- cation number, and/or allocating less than the normal target number. Klamath River Spring−Run Chinook Salmon The Klamath River Basin also supports Klamath Riv- er spring−run Chinook Salmon (KRSC). Naturally pro- duced KRSC are both temporally and spatially separat- ed from KRFC in most cases. Presently, KRSC stocks are not managed or allocated by the PFMC. This in−river sport fishery is managed by general basin seasons, daily bag limit, and possession limit regulations.

KRSC harvest will be monitored on the Klamath River below the Highway 96 bridge at Weitchpec to the mouth of the Klamath River in 2019 and ensuing years by creel survey. The upper Trinity River, upstream of Junction City, will be monitored us- ing tag returns from anglers in 2019 and future years. KRFC Allocation Management The PFMC 2018 allocation for Klamath River Basin sport harvest was 3,490 adult KRFC. Preseason stock projections of 2019 adult KRFC abundance will not be available from the PFMC until March 2019.

The 2019 basin allocation will be recommended by the PFMC in April 2019 and presented to the Commission for adop- tion as a quota for the in−river sport harvest at its May 2019 teleconference meeting. The Commission may modify the KRFC in−river sport harvest quota, which is normally a minimum of 15 percent of the non−tribal PFMC harvest allocation. Commission modifications need to meet biological and fishery allocation goals specified in law or established in the FMP, otherwise harvest opportunities may be re- duced in the California ocean or in−river fisheries.

The annual KRFC in−river sport harvest quota is specified in subsection 7.50(b)(91.1)(D)1. The quota is split between four geographic areas with a subquota for each area, expressed as a percentage of the total in−river quota, specified in subsection 7.50(b)(91.1)(D)2. For angler convenience, the subquotas, expressed as the number of fish, are listed for the affected river segments in subsection 7.50(b)(91.1)(E).

The in−river sport subquota percentages are as follows: 1. for the main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec — 17 percent of the in−river sport quota; 2. for the main stem Klamath River from downstream of the Highway 96 bridge at Weitchpec to the mouth — 50 percent of the in−river sport quota; 3. for the Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat — 16.5 percent of the in−river sport quota; and 4. for the Trinity River downstream from the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River — 16.5 percent of the in−river sport quota.

The spit area (within 100 yards of the channel through the sand spit formed at the Klamath River mouth) closes to all fishing after 15 percent of the total Klamath River Basin quota has been taken downstream of the Highway 101 bridge. These geographic areas are based upon the historical distribution of angler effort to ensure equitable harvest of adult KRFC in the Klamath River and Trinity River. The subquota system requires the Department to moni- tor or assess angler harvest of adult KRFC in each geo- graphic area.

All areas will be monitored on a real time basis, except for the following: Klamath River upstream of W eitchpec and the Trinity River: The Department has developed Harvest Predic- tor Models which it will use to implement fishing clo- sures to ensure that anglers do not exceed established subquota targets. Using this method, the upper Klamath River generally closes between 28−30 days after the lower Klamath River quota is reached. Similarly, the upper Trinity River subquota area generally closes 28−30 days after the lower Trinity River subquota has been met.

Sport Fishery Management The KRFC in−river sport harvest quota is divided in- to geographic areas, and harvest is monitored under real time subquota management. On the other hand, KRSC in−river sport harvest is managed by general season, daily bag limit, and possession limit regulations. The Department presently differentiates the two stocks by the following dates in each sub−area: Klamath River 1. January 1 through August 14 — General Season KRSC. For purposes of clarity, daily bag and possession limits apply to that

section of the Klamath River downstream of the Highway 96 bridge at Weitchpec to the mouth. 2. August 15 to December 31 — KRFC quota management.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 100 Trinity River 1. January 1 through August 31 — General Season KRSC. For purposes of clarity, daily bag and possession limits apply to that

section of the Trinity River downstream of the Old Lewiston Bridge to the confluence with the South Fork Trinity River. 2. September 1 through December 31 — KRFC quota management. The daily bag and possession limits apply to both stocks within the same sub−area and time period. Current regulations in subsections 7.50(b)(91.1)(E)2.a. and b. specify bag limits for KRFC stocks in the Klamath River. Current regulations in sub- sections 7.50(b)(91.1)(E)6.b., e., and f. specify bag lim- its for KRFC stocks in the Trinity River. Current regula- tions in subsection 7.50(b)(91.1)(C)2.b. specify KRFC possession limits.

PROPOSED CHANGES Because PFMC recommendations are not known at this time, ranges (shown in brackets in the text below) of subquotas and bag and possession limits, which encom- pass historical quotas, are being proposed for the 2019 KRFC fishery in the Klamath and Trinity rivers. The fi- nal KRFC bag and possession limits will align with the final federal regulations to meet biological and fishery allocation goals specified in law, or established in the FMP, otherwise harvest opportunities may be reduced in the California ocean fisheries.

KRFC Sport Fishery (Quota Management) Quota: For public notice requirements, the Depart- ment recommends the Commission consider a quota range of 0−67,600 adult KRFC in the Klamath River Basin for the river sport fishery. This recommended range encompasses the historical range of the Klamath River Basin allocations and allows the PFMC and Com- mission to make adjustments during the 2019 regulato- ry cycle.

Subquotas: The proposed subquotas for KRFC stocks are as follows: • Main stem Klamath River from 3,500 feet downstream of the Iron Gate Dam to the Highway 96 bridge at Weitchpec — 17 percent of the total quota equates to [0−11,492]; • Main stem Klamath River from downstream of the Highway 96 bridge at Weitchpec to the mouth — 50 percent of the total quota equates to [0−33,800]; • Trinity River downstream of the Old Lewiston Bridge to the Highway 299 West bridge at Cedar Flat — 16.5 percent of the total quota equates to [0−11,154]; and • Trinity River downstream from the Denny Road bridge at Hawkins Bar to the confluence with the Klamath River — 16.5 percent of the total quota equates to [0−11,154].

Seasons: No changes are proposed for the Klamath River and Trinity River KRFC seasons: • Klamath River — August 15 to December 31 • Trinity River — September 1 to December 31 Bag and Possession Limits: As in previous years, no retention of adult KRFC is proposed for the following areas once the subquota has been met.

The range of proposed bag and possession limits for KRFC stocks are as follows: • Bag Limit — [0−4] Chinook Salmon — of which no more than [0−4] fish over 22 inches total length may be retained until the subquota is met, then 0 fish over 22 inches total length. • Possession limit — [0−12] Chinook Salmon of which no more than [0−4] fish over 22 inches total length may be retained when the take of salmon over 22 inches total length is allowed. KRSC Sport Fishery No regulatory changes are proposed for the general (KRSC) opening and closing season dates, and bag, possession and size limits.

Other Changes No other changes are proposed, except those de- scribed above, and to change the year 2018 to 2019 for the upcoming season. BENEFITS OF THE PROPOSED REGULATIONS The Commission anticipates benefits to the environ- ment in the sustainable management of Klamath River Basin salmonid resources. Other benefits of the proposed regulations are confor- mance with federal fishery management goals, health and welfare of California residents and promotion of businesses that rely on salmon sport fishing in the Kla- math River Basin. CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS

Article IV ,

Section 20 of the State Constitution speci- fies that the Legislature may delegate to the Commis- sion such powers relating to the protection and propaga- tion of fish and game as the Legislature sees fit. The Legislature has delegated authority to the Commission to promulgate sport fishing regulations (sections 200, 205, 315, and 316.5, Fish and Game Code). The Com- mission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor in-

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 101 compatible with existing State regulations. Commis- sion staff has searched the California Code of Regula- tions and has found no other State regulations related to sport fishing in the Klamath River Basin. 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 Natural Resources Building Auditorium, 1416 Ninth Street, First Floor, Sacramento, California, on Wednesday, February 6, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a teleconference hearing originating in the Commission’s conference room, 1416 Ninth Street, Room 1320, Sacramento, California, on Thursday, May 16, 2019, at 8:00 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that writ- ten comments be submitted on or before May 3, 2019 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received be- fore 12:00 noon on May 10, 2019.

All comments must be received no later than May 16, 2019, at the telecon- ference hearing. If you would like copies of any modifi- cations to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, PO Box 944209, Sacra- mento, CA 94244−2090. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Acting Executive Direc- tor, 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 Melissa Miller−Henson or Craig Castleton at the preceding address or phone num- ber.

Senior Environmental Scientist, Wade Sinnen, Department of Fish and Wildlife, phone (707) 822−5119, or e−mail Wade.Sinnen@wildlife.ca.gov, has been designated to respond to questions on the substance of the proposed regulations. A V AILABILITY 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 reg- ulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be re- sponsive to public recommendation and comments dur- ing the regulatory process may preclude full compli- ance with the 15−day comment period, and the Com- mission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

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 regulations are projected to range from minor to no impact on the net revenues to local businesses servicing sport fishermen. If the 2019 KRFC quota is reduced, visitor spending may correspondingly be reduced, and in the absence of the emergence of alternative visitor activities, the drop in spending could

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 102 induce business contraction. If the quotas remain similar to previous quotas, then local economic impacts are expected to be unchanged. Neither scenario is expected to directly affect the ability of California businesses to compete with businesses in other states. (

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 proposed regulations range from no fishing of KRFC, to normal Klamath River Basin salmon season, size, bag and possession limits. The Commission anticipates some impact on the creation or elimination of jobs in California.

The potential adverse employment impacts range from no impact to the loss of 22 jobs which are not expected to create, eliminate or expand businesses in the State. An estimated 30−50 businesses that serve sport fishing activities are expected to be directly and/or indirectly affected depending on the final quota. The impacts range from no impact to unknown impacts on the creation of new business or the elimination of existing businesses. The Commission does not anticipate any impacts on the expansion of businesses in California.

For all projections, the possibility of growth of businesses to serve substitute activities exists. Adverse impacts to jobs and/or businesses would be less if fishing of other species and grilse KRFC is permitted, than under a complete closure to all fishing. The impacted businesses are generally small businesses employing few individuals and, like all small businesses, are subject to failure for a variety of causes. Additionally, the long−term intent of the proposed action is to increase sustainability in fishable salmon stocks and, consequently, promoting the long−term viability of these same small businesses.

The Commission anticipates benefits to the health and welfare of California residents. Providing opportunities for a salmon sport fishery encourages a healthy outdoor activity and the consumption of a nutritious food. The Commission anticipates benefits to the environment by the sustainable management of California’s salmonid resources. The Commission does not anticipate any benefits to worker safety because the proposed action does not affect working conditions. (

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. (

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 202 and 355 of the Fish and Game Code and to implement, interpret or make specif- ic Sections 202, 355 and 356, of said Code, proposes to amend

section 502 and 509, Title 14, California Code of

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 103 Regulations, relating to Waterfowl Regulations for the 2019−2020 season. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (WATERFOWL —

SECTION 502) Current regulations in

Section 502, Title 14, Califor- nia Code of Regulations (CCR), provide

definitions, hunting zone descriptions, season opening and closing dates, and daily bag and possession limits. The pro- posed Frameworks for the 2019−20 season were ap- proved by the flyway councils and were considered for adoption at the Service’s Regulations Committee meet- ing October 16−17, 2018. The proposed Frameworks allow for a liberal duck season which includes a 107−day season, 7 daily duck limit including 7 mallards but only 2 hen mallards, 1 pintail, 2 canvasback, 2 red- heads, and 3 scaup (during an 86−day season), closing no later than January 31.

Duck daily bag limit ranges and duck season length ranges are provided to allow the Commission flexibility. A range of season length and bag limits (zero bag lim- it represents a closed season) is also provided for black brant. The range is necessary, as the black brant Frame- work cannot be determined until the Pacific Flyway Winter Brant Survey is conducted in January 2019. The regulatory package is determined by the most current Winter Brant Survey, rather than the prior year survey.

The regulatory package will be prescribed per the Black Brant Harvest Strategy pending results of the survey, well before the Commission’s adoption meeting. See the table in the Informative Digest for the range of sea- son and bag limits. Lastly, Federal regulations require that California’s hunting regulations conform to those of Arizona in the Colorado River Zone and those of Oregon in the North Coast Special Management Area. The Department’s recommendations are as follows: 1) Add Small Canada geese to the Regular Season in subsection 502(d)(1)(

B) for the Northeastern California Zone. 2) Add Small Canada geese to Season in subsection 502(d)(6)(A)3 for the Klamath Basin Special Management Area. 3) Open the Late Season for white geese two weeks after the close of the Regular Season in subsection 502(d)(6)(A)9 for the Imperial County Special Management Area. 4) Allow 5 additional days of falconry−only season for the Balance of State Zone in subsection 502(f)(1)(B)2 and allow 2 additional days of falconry−only season for the Southern San Joaquin V alley Zone in subsection 502(f)(1)(B)3.

An alternative requested by Commissioners at the notice hearing: 1) Maintain 100−day season length and use additional five days for falconry−only hunting (as discussed between Department of Fish and Wildlife and California Hawking Club June 18, 2018). Or, add up to five days a year to the general duck and goose seasons and close these seasons by closing on January 31 instead of the last Sunday in January, as proposed by California Waterfowl at the December notice hearing. This alternative eliminates the existing and proposed falconry−only seasons.

Minor editorial changes are also proposed to clarify and simplify the regulations and to comply with exist- ing federal Frameworks.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 104

Summary of Proposed Waterfowl Hunting Regulations for 2019-20 AREA SPECIES SEASONS DAILY BAG & POSSESSION LIMITS Statewide Coots & Moorhens Concurrent w/duck season 25/day. 75 in possession Northeastern Zone Season may be split for Ducks, Pintail, Canvasback, Scaup, Dark Geese and White Geese, White geese and dark geese may be split 3- ways. Ducks Between 38 & 105 days [4-7]/day, which may include: [3-7] mallards no more than [1-2] females. 1 pintail, 2 canvasback, 2 redheads, 3 scaup. Possession limit triple the daily bag.

Scaup 86 days Geese No longer than 105 days 30/day, which may include: 20 white geese, 10 dark geese, no more than 2 Large Canada geese. Possession limit triple the daily bag. Southern San Joaquin Valley Zone Season may be split for Ducks, Pintail, Canvasback and scaup Ducks Between 38 & 105 days [ 4-7]/day, which may include: [3-7] mallards no more than [1-2] females. 1 pintail, 2 canvasback, 2 redheads, 3 scaup. Possession limit triple the daily bag. Scaup 86 days Geese No longer than 105 days 30/day, which may include: 20 white geese, 10 dark geese. Possession limit triple the daily bag.

Southern California Zone Season may be split for Ducks, Pintail, Canvasback and Scaup Ducks Between 38 & 105 days [ 4-7]/day, which may include: [3-7] mallards no more than [1-2] females. 1 pintail, 2 canvasback, 2 redheads, 3 scaup. Possession limit triple the daily bag. Scaup 86 days Geese No longer than 105 days 23/day, which may include: 20 white geese, 3 dark geese. Possession limit triple the daily bag.

Colorado River Zone Season may be split for Ducks, Pintail, Canvasback and Scaup Ducks 101 days 7/day, which may include: 7 mallards no more than 2 females or Mexican-li ke ducks. 1 pintail, 2 canvasback, 2 redheads, 3 scaup. Possession limit triple the daily bag. Scaup 86 days Geese 101 days 24/day, up to 20 white geese, up to 4 dark geese. Possession limit triple the daily bag. Balance of State Zone Season may be split for Ducks, Pintail, Canvasback, Scaup and Dark and White Geese.

Ducks Between 38 & 105 days [4-7]/day, which may include: [3-7] mallards no more than [1-2] females. 1 pintail, 2 canvasback, 2 redheads, 3 scaup. Possession limit triple the daily bag. Scaup 86 days

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 105 Geese Early Season: 5 days (Canada goose only) Regular Season: no longer than 100 days Late Season: 5 days (whitefronts and white geese) 30/day, which may include: 20 white geese, 10 dark geese. Possession limit triple the daily bag. SPECIAL MANAGEMENT AREAS SPECIES SEASON DAILY BAG & POSSESSION LIMITS North Coast Season may be split All Canada Geese 105 days except for Large Canada geese which cannot exceed 100 days or extend beyond the last Sunday in January. 10/day, only 1 may be a Large Canada goose. Possession limit triple the daily bag.

Large Canada geese are closed during the Late Season. Humboldt Bay South Spit (West Side) Alt species Closed during brant season Klamath Basin Dark and white geese 105 days except for Canada geese which cannot exceed 100 days or extend beyond January 31. 30/day, which may include: 20 white geese, 10 dark geese only 2 may be a Large Canada goose. Possession limit triple the daily bag. Sacramento Valley White- fronted geese Open concurrently with general goose season through Dec 21 3/day. Possession limit triple the daily bag.

Morro Bay All species Open in desiguated areas only Waterfowl season opens concurrently with brant season. Martis Creek Lake All species Closed until Nov 16 N orthem Brant Black Brant No longer than 37 days and closing no later than Dec 14. [0-2]/day. Possession limit triple the daily bag. Balance of State Brant Black Brant No longer than 37 days and closing no later than Dec 15. [0-2]/day. Possession limit triple the daily bag. Imperial County Season may be split White Geese Up to 102 days 20/day. Possession limit triple the daily bag.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 106 (NOTE: To participate in these Youth Waterfowl Hunts, federal regulations require that hunters must be 17 years of age or younger and must be accompanied by a non-hunting adult 18 years of age or older.) YOUTH WATERFOWL HUNTING DAYS SPECIES SEASON DAILY BAG & POSSESSION LIMITS Northeastern Zone Same as regular season The Saturday fourteen days before the opening of waterfowl season extending for 2 days.

Same as regular season Southern San Joaquin Valley Zone Same as regular season The first or second Saturday in February following the closing of waterfowl season extending for 2 days. Same as regular season Southern California Zone Same as regular season The first or second Saturday in February following the closing of waterfowl season extending for 2 days. Same as regular season Colorado River Zone Same as regular season The Saturday following the dosing for waterfowl season extending for 2 days.

Same as regular season Balance of State Zone Same as regular season The first or second Saturday in February following the closing of waterfowl season extending for 2 days. Same as regular season FALCONRY OF DUCKS SPECIES SEASON DAILY BAG & POSSESSION LIMITS Northeastern Zone Same as regular season Between 38 and 105 days 3/day. Possession limit 9 Balance of State Zone Same as regular season Between 38 and 107 days 3/day. Possession limit 9 Southern San Joaquin Valley Zone Same as regular season Between 38 and 107 days 3/day.

Possession limit 9 Southern California Zone Same as regular season Between 38 and 107 days 3/day. Possession limit 9 Colorado River Zone Same as regular season 105 days 3/day. Possession limit 9

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 107 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW (CONCURRENCE WITH FEDERAL REGULATIONS —

SECTION 509) Current regulations in

Section 509, Title 14, Califor- nia Code of Regulations (CCR), incorporate require- ments found in Federal regulations, including a require- ment that hunters must possess a Federal migratory− bird hunting and conservation stamp for the taking of migratory birds. The U.S. Fish and Wildlife Service (Service) has begun issuing an electronic stamp, or E−stamp. To be consistent with Federal regulations and allow the Department to issue electronic Federal migratory−bird hunting and conservation stamps in the future, amendments to the text of

Section 509 are necessary. The Proposed Change Is: Amend the language in

Section 509(

c) to include “. . .or an unexpired Federal migratory−bird hunting and conservation electronic stamp issued in his or her name. . . .” Benefits of the Regulations The benefits of the proposed regulations are consis- tency with federal law and the sustainable management of the State’s waterfowl resources. Positive impacts to jobs and/or businesses that provide services to water- fowl hunters will be realized with the continued adop- tion of waterfowl hunting seasons in 2019−20.

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 pro- motion of fairness or social equity, and the increase in openness and transparency in business and government. EV ALUATION OF INCOMPATIBILITY WITH EXISTING REGULATIONS The Commission has reviewed its regulations in Title 14, CCR, and conducted a search of other regulations on this topic and has concluded that the proposed amend- ments to

Section 502 are neither inconsistent nor in- compatible with existing State regulations. No other State agency has the authority to promulgate waterfowl hunting 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 in the Resource Building first floor auditorium, 1416 9th Street, Sacramento, California, on February 6, 2019 at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interest- ed may present statements, orally or in writing, relevant to this action at a hearing to be held in The City of Santa Monica Civic East Wing Auditorium, 1855 Main Street, Santa Monica, California, on April 17, 2019, at 8:30 a.m., or as soon thereafter as the matter may be heard. It is requested, but not required, that written com- ments be submitted on or before 5:00 p.m. April 4, 2019 at the address given below, or by email to FGC@fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received be- fore 12:00 noon on April 12, 2019.

All comments must be received no later than April 17, 2019, at the hearing in Santa Monica, California. If you would like copies of any modifications to this proposal, please include your name and mailing address. Availability of Documents Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov.

The regu- lations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representa- tive, Melissa Miller−Henson, Acting Executive Direc- tor, 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 Jon Snell- strom at the preceding address or phone number.

Melanie Weaver, Senior Environmental Scientist, De- partment of Fish and Wildlife, (916) 445−3717, has been designated to respond to questions on the sub- stance of the proposed regulations. Mailed comments should be addressed to Fish and Game Commission, P.O. Box 944209, Sacramento, CA 94244−2090. 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.

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 108 of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final state- ment of reasons may be obtained from the address above when it has been received from the agency pro- gram staff. IMPACT OF REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The potential for significant statewide adverse eco- nomic impacts that might result from the proposed reg- ulatory action has been assessed, and the following ini- tial determinations relative to the required statutory cat- egories 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 significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. The proposed regulations would provide additional recreational opportunity to the public and could result in minor increases in hunting days and hunter spending on equipment, fuel, food and accommodations. (

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 does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses, or the expansion of businesses in California.

The proposed waterfowl regulations will set the 2019−20 waterfowl hunting season dates and bag limits within the federal Frameworks. Little to minor positive impacts to jobs and/or businesses that provide services to waterfowl hunters may result from the proposed regulations for the 2019−20 waterfowl hunting season. The most recent U.S. Fish and Wildlife national survey of fishing, hunting, and wildlife associated recreation for California, estimated that migratory bird hunters contributed about $169,115,000 to businesses in California during the 2011 migratory bird hunting season.

The impacted businesses are generally small businesses employing a few individuals and, like all small businesses, are subject to failure for a variety of causes. Additionally, the long−term intent of the proposed regulations is to sustainably manage waterfowl populations, and consequently, the long−term viability of these same small businesses. (

c) Cost Impacts on a Representative Private Person or Business: The agency 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 are Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 109 TITLE 14 AND 27. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Title 14: Natural Resources Division 7: Department of Resources Recycling and Recovery (the department or CalRecycle) (New Chapter)

Chapter 12 Short−lived Climate Pollutants (Amended Chapters)

Chapter 3 Minimum Standards for Solid Waste Handling and Disposal

Chapter 3.1 Composting Operation Regulatory Requirements

Chapter 3.2 In−Vessel Digestion Operations and Facilities Regulatory Requirements

Chapter 5 Enforcement of Solid Waste Standards and Administration of Solid Waste Facilities Permit; Loan Guarantees

Chapter 9 Planning Guidelines and Procedures for Preparing, Revising, and Amending Countywide or Regional Integrated Waste Management Plans Title 27: Environmental Protection Division 2: Solid Waste (Amended Chapters)

Chapter 2 Definitions

Chapter 3 Criteria for All Waste Management Units, Facilities, and Disposal Sites

Chapter 4 Documents and Reporting for Regulatory Tiers, Permits, WDRs, and Plans The proposed regulations implement the depart- ment’s responsibilities established by SB 1383 (Lara,

Chapter 395, Statutes of 2016) Public Resources Code (PRC) Sections 42652−42654, and 41780.01, and Health and Safety Code (HSC) Sections 39730.5−39730.6. This rulemaking implements regula- tory requirements to reduce landfill disposal of organic waste in order to achieve the greenhouse gas emissions reductions required by SB 1383. PUBLIC HEARING A public hearing to receive public comments has been scheduled for 9:00 a.m. on March 12, 2019.

The hearing will be held at the: Joe Serna Jr., Cal EPA Building Coastal Hearing Room 1001 I Street, 2nd Floor Sacramento, CA 95814 The hearing will begin at 9:00 a.m. on March 12, 2019, and will conclude after all testimony is given. CalRecycle requests that persons making oral com- ments also submit a written copy of their testimony at the hearing. The hearing room is wheel chair accessible. If you have questions, please contact SLCP. Organics@calrecycle.ca.gov.

WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulation to the department. The written comment period for this rulemaking closes at 5:00 p.m. on March 4, 2019. The department will also ac- cept written comments during the public hearing de- scribed above. Please submit your written comments to: Gwen Huff Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O.

Box 4025 Sacramento, CA 95812 PHONE: (916) 341−6622 FAX: (916) 319−7146 E−MAIL: SLCP.Organics@calrecycle.ca.gov AUTHORITY AND REFERENCES The authority for this regulation is PRC Sections 40502, 43020, 43021 and 42652.5. The references for this regulation include PRC Sec- tions 40001, 40002, 40053, 40055, 41780.01, 41781.3, 41821.5−41821.8, 42652, 42652.5, 42653, 42654, 43020, 43021, 43103, 44001−44017, 44100−44101, 44500−44503 and 44813−44816; and HSC Sections 39730.5−39730.8. INFORMATIVE DIGEST The California Integrated Waste Management Act (Act), PRC

Section 40000 et seq., gives the department

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 110 authority to provide for the protection of public health, safety, and the environment through waste prevention, waste diversion, and safe waste processing and dispos- al. PRC

Section 40502 authorizes the department to adopt rules and regulations to implement the Act. The proposed regulations implement the depart- ment’s responsibilities under PRC Sections 42652−42654 and HSC Sections 39730.5−39730.6. This rulemaking implements regulatory requirements to reduce landfill disposal of organic waste in order to achieve the greenhouse gas emissions reductions re- quired by SB 1383. Specifically, SB 1383 required CalRecycle, in con- sultation with the California Air Resources Board (ARB), to adopt regulations designed to reduce statewide landfill disposal of organic waste.

SB 1383 established two organic waste disposal reduction tar- gets. These targets are tied to the 2014 baseline of 23 million tons of organic waste disposal and must be achieved by 2020 and 2025.

The targets are as follows: • 2020 — 50 percent organic waste reduction from 2014 baseline (11.5 million tons allowed landfill disposal of organic waste) • 2025 — 75 percent organic waste reduction from 2014 baseline (5.75 million tons allowed landfill disposal of organic waste) Included within the statutory requirements to reduce organic waste disposal by 75 percent by 2025, is a man- date that CalRecycle’s regulations include “require- ments intended to meet the goal that not less than 20 per- cent of edible food that is currently disposed of is recov- ered for human consumption by 2025.” The regulations are designed to achieve these organic waste reduction targets within the authority and direction provided in enabling statute.

Statutory Guidance and Restrictions The Legislature specifically directed CalRecycle to comply with the following conditions in developing the regulatory requirements. • Consult with ARB. • Include requirements designed to recover at least 20 percent of edible food that is currently disposed. • Develop requirements consistent with the Short−lived Climate Pollutant Reduction Strategy (SLCP Strategy) and the 2017 Integrated Energy Policy Report. • Support cost−effective, and environmentally beneficial uses of biomethane derived from solid waste facilities.

The Legislature further included language that speci- fies that CalRecycle’s regulations may include policies and requirements that: • Enable the department to impose penalties on regulated entities beginning in 2022 (and allow jurisdictions (e.g. cities and counties) to impose such penalties beginning in 2024). • Require jurisdictions to impose requirements on relevant entities. • Establish different levels of requirements for jurisdictions.

The Legislature prohibited CalRecycle from includ- ing provisions in the regulations that: • Impose an organic waste ban on individual landfills. • Require jurisdictions to impose penalties on regulated entities prior to 2024. • Impose 50 percent and 75 percent recycling targets on individual jurisdictions. Finally, SB 1383 departs from previous recycling mandates in that it does not simply require diversion of material from landfills. The statute requires that materi- al must also be diverted to activities that reduce green- house gas emissions.

Elements of the Regulations CalRecycle, in consultation with ARB, developed a regulatory framework that is consistent with the SB 1383 statutory requirements noted above. The core as- pects of the regulatory framework define or require the following actions: (

A) Activities Constituting a Reduction in Landfill Disposal 1. Disposal activities are defined as actions that result in organic waste being deposited into a landfill. 2. Recovery activities are defined as actions that keep organic waste out of landfills and reduce greenhouse gas emissions. (

B) Organic Waste Collection Services 1. Jurisdictions must provide residential and commercial organic waste collection services. 2. Jurisdictions must conduct minimum levels of education, outreach, and contamination monitoring for their collection services. 3. Residents and businesses must subscribe to collection services for organic waste that is not source−reduced, managed on−site, or self−hauled. (

C) Edible Food Recovery Programs and Services 1. Jurisdictions must implement and oversee edible food recovery programs. 2. Commercial edible food generators must establish documented arrangements with food recovery services or organizations.

CALIFORNIA REGULATORY NOTICE REGISTER 2019, VOLUME NO. 3-Z 111 (

D) Procurement of Recovered Organic Waste Products 1. Jurisdictions must procure minimum levels of compost or renewable natural gas. 2. Jurisdictions must meet minimum recycled content and recyclability standards for paper products. (

E) Recordkeeping and Reporting by Regulated Entities 1. Regulated entities are required to keep records demonstrating compliance with the regulations. 2. Jurisdictions, haulers, and facilities must report on compliance with specific aspects of the regulations. (

F) Enforcement and Oversight 1. CalRecycle will primarily oversee jurisdictions and entities outside of local government regulatory authority. 2. Jurisdictions will primarily oversee entities subject to their authority (e.g. generators, haulers, and other entities). (

G) Organic Waste Recovery and Processing Standards for Facilities 1. Facilities must achieve recovery rates for organic waste that is collected with non−organic waste. 2. Facilities must reduce the level of incompatible materials (e.g., non−organic waste) present in organic waste prior to sending that waste to additional processing or recovery activities. POLICY STATEMENT OVERVIEW Implementation of SB 1383 and the SLCP Strategy is an integral part of the state’s climate change program outlined in the 2017 Climate Change Scoping Plan (Scoping Plan).

The SLCP Strategy requires immediate reductions of the most potent greenhouse gases, and is expected to provide 35 percent of the greenhouse gas emissions reductions needed to meet the state’s 2030 greenhouse gas emissions reduction targets. The suc- cess of the SLCP Strategy relies on a portfolio of poli- cies and measures across various sectors. The measures required for the waste sector will foster the develop- ment of a more sust

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2019, No. 3
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	7eef2b1ac2937762d4d1ccaf42fbf8d2ef439553

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