take a good hard look at this as it authorizes destroying nests and eggs.
http://www.oal.ca.gov/pdfs/notice/51z-2007.pdf page 2127
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
This proposed regulation change would add the control
of nuisance Canada geese to the provisions addressing
crop damage in Section 503 of Title 14, California
Code of Regulations. Existing state regulations do not
provide for the take of Canada goose nests or eggs, nor
provide for their direct control except as authorized by
the Commission under hunting regulations established
in Section 502 of Title 14. The Federal government has
preeminent authority to manage migratory birds pursuant
to the Migratory Bird Treaty Act, and has adopted
regulations permitting certain activities in certain parts
of the country at specified times to alleviate the effects
on humans by Canada geese. Changes in California regulations
are necessary to implement these changes in
federal rules.
In a Final Rule and Record of Decision issued August
10, 2006 the United States Fish and Wildlife Service issued
a Depredation Order for resident Canada geese.
This decision contained several parts, but only 3 portions
affect the management of nuisance Canada geese
in California. These are:
1) the Airport Control Order that provides airport
managers the authority to control resident geese
through: 1) trapping and relocation; 2) nest and
egg destruction; 3) trapping and culling; or 4)
other methods. Nests and eggs may be destroyed
between March 1 and June 30 and other control
methods may be used between April 1 and
September 15;
2) the Nest and Egg Control Order that provides
private landowners and managers of public lands
the authority to take nests and destroy eggs when
necessary to resolve injury to people, property,
and/or agricultural crops. Nests and eggs may be
destroyed between March 1 and June 30; and,
3) the Public Health Control Order that authorizes
state wildlife agencies or their agents to conduct
direct control activities whenever a direct threat to
human health is acknowledged by any Federal,
State or local public health agency. Nests and eggs
may be destroyed between March 1 and June 30
and other control activities could occur between
April 1 and August 31.
The proposed regulation would limit the Airport
Control Order by requiring authorization by the Department
before any trapping and relocation from airports
could occur. The proposed regulation would also
modify the Nest and Egg Control Order by requiring
Department authorization for nest and egg control in all
counties except Sonoma, Napa, Solano, Marin, Contra
Costa, Alameda, San Francisco, San Mateo, Santa
Clara, Santa Cruz, San Benito, Monterey, San Luis Obispo,
Santa Barbara, Ventura, Los Angeles, Orange and
San Diego. All other control actions identified under the
Pacific Flyway in the Depredation Order of Canada
geese would be permitted in California.
Existing language in Section 503 is reformatted for
clarity purposes.
NOTICE IS ALSO GIVEN that any person interested
may present statements, orally or in writing, relevant
to this action at a hearing to be held in the Hubbs–
Sea World Research Institute, Shedd Auditorium, 2595
Ingraham Street, San Diego, California, on February 8,
2008, at 8:30 a.m., or as soon thereafter as the matter
may be heard. It is requested, but not required, that written
comments be submitted on or before February 1,
2008 at the address given below, or by fax at (916)
653–5040, or by e–mail to FGC@fgc.ca.gov. Written
comments mailed, faxed or e–mailed to the Commission
office, must be received before 5:00 p.m. on February
5, 2008. All comments must be received no later
than February 8, 2008, at the hearing in San Diego, CA.
If you would like copies of any modifications to this
proposal, please include your name and mailing address.
The regulations as proposed in strikeout–underline
format, as well as an initial statement of reasons, including
environmental considerations and all information
upon which the proposal is based (rulemaking file), are
on file and available for public review from the agency
representative, John Carlson, Jr., Executive Director,
Fish and Game Commission, 1416 Ninth Street, Box
944209, Sacramento, California 94244–2090, phone
(916) 653–4899. Please direct requests for the above
mentioned documents and inquiries concerning the regulatory
process to John Carlson, Jr., or Sherrie Koell at
the preceding address or phone number. Dr. Eric Loft,
Chief, Wildlife Branch, Department of Fish and
Game, phone (916) 445–3555, has been designated
to respond to questions on the substance of the proposed
regulations. Copies of the Initial Statement of
Reasons, including the regulatory language, may be obtained
from the address above. Notice of the proposed
action shall be posted on the Fish and Game Commission
website at
California Fish and Game Commission Home Page.
Availability of Modified Text
If the regulations adopted by the Commission differ
from but are sufficiently related to the action proposed,
they will be available to the public for at least 15 days
prior to the date of adoption. Circumstances beyond the
control of the Commission (e.g., timing of Federal regulation
adoption, timing of resource data collection,
timelines do not allow, etc.) or changes made to be responsive
to public recommendation and comments during
the regulatory process may preclude full compliance with the 15–day comment period, and the Commission
will exercise its powers under Section 355 of
the Fish and Game Code. Regulations adopted pursuant
to this section are not subject to the time periods for
adoption, amendment or repeal of regulations prescribed
in Sections 11343.4, 11346.4 and 11346.8 of the
Government Code. Any person interested may obtain a
copy of said regulations prior to the date of adoption by
contacting the agency representative named herein.
If the regulatory proposal is adopted, the final statement
of reasons may be obtained from the address
above when it has been received from the agency program
staff.
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