Use of aircraft to take game
Subsection 251 (a) currently states, in general terms, that aircraft may not be used to pursue, drive, herd, or take birds and mammals. However, the section does not adequately address the issue of "fair chase" as it relates to use of aircraft for hunting big game. Information indicates aircraft such as ultra-light personal aircraft have been used to locate or attempt to locate deer and bighorn sheep. The location of big game can then be used to actively hunt the targeted animal. Nevada, Arizona and Utah already have regulations addressing this problem. This methodology may place targeted animal(s) in a situation that is beyond traditional fair chase. Aircraft could establish the location of big game when traditional fair chase methods may fail. This puts additional pressure on targeted animals, and constituents using traditional hunting methods could be placed at a disadvantage. Use of aircraft to pursue big game could discredit the sport of hunting. The amendment would further restrict the use of aircraft as it pertains to the take of big game by disallowing the locating of big game by aircraft 48 hours before until 48 hours after a big game hunting season. The amendment also addresses advances in technology by restricting the use of imaging satellite information and software/equipment which could hack /utilize Department telemetry frequencies with the possible result of locating big game mammals wearing Department telemetry equipment.

Methods Authorized for Taking Big Game
The existing regulations provide for methods to be used to take big game. In recent years, new technology has resulted in new types of muzzleloading rifles, types of muzzleloading powders and advanced sighting methods. The existing regulations do not clearly address these new technologies including advances in muzzleloading rifle types, ignition sources, powders, and advanced sighting devices. This has caused difficulty for hunters and law enforcement personnel when trying to determine lawful and illegal methods of taking big game. The proposed regulation change clarifies the new types of muzzleloading rifles, types of muzzleloading powders and advanced sighting methods which are legal for taking big game. The proposed change will reduce confusion by hunters and law enforcement personnel who need clear definitions of which of the new technologies are legal and which are not for the purpose of taking big game.

The Department has received numerous requests from disabled hunters to allow the use of crossbows and/or other devices to assist in drawing and holding the bowstring (for example, mouth-tab, body-brace, and draw-loc) during the archery-only and additional archery hunt seasons as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). Based on information currently available, the Department does not believe that allowing use of crossbows or the other devices identified above for accommodation purposes during the archery-only and additional hunt archery seasons will cause any fundamental changes to the operation of the Department’s Wildlife Programs. The proposed regulation change would allow disabled archers who have, and can provide upon request by law enforcement personnel, written medical documentation attesting to their inability to use conventional archery equipment to use a crossbow and/or the other devices identified above during the archery-only season and/or during the special archery hunts.

A-Zone Tags
Existing regulations provide an area description, season and tag quota for Zone A. However, under current Deer Assessment Unit (DAU) management strategies, Zone A is divided into two distinct DAUs: the South A-Zone (DAU 1-Unit 110) and the North A-Zone (DAU 2-Unit 160). For management purposes, it is necessary to split Zone A along DAU boundaries to allow for the more effective collection of harvest and herd data. The proposal will split Zone A into two distinct units; the Zone A-South Unit 110 and Zone A-North Unit 160, and provide clarification of season and valid hunting areas. Hunters will still purchase a single A-Zone tag, however they will need to indicate the appropriate unit in which the deer was harvested. The tag will be valid in both units and no reduction in hunter opportunity will occur.

G-10 Camp Pendleton Either-Sex Deer Hunt
Existing regulations for Additional Hunt G-10 (Camp Pendleton Either-Sex Deer Hunt) provide for hunting on Saturdays and Sundays for ten consecutive weekends. In certain years, the ten-weekend season concludes prior to the Thanksgiving Day holiday weekend due to calendar shifts, resulting in a reduction of hunter opportunity. In addition, certain federal holidays occur on weekdays when the base is normally closed and additional hunter opportunity is lost. The proposal would modify the season to specifically include: the Columbus Day and Veterans Day holidays, the day after Thanksgiving, and permit hunting to occur through the Sunday following Thanksgiving Day, therefore providing an increase in hunter opportunity as requested by the Base, while maintaining consistency with existing deer herd management plan recommendations.

G-13 San Diego Antlerless Deer Hunt
Existing regulations for Additional Hunt G-13 (San Diego Antlerless Deer Hunt) provide for a sixteen-day season beginning the fourth Saturday in October. The Department has received numerous requests from the local public to increase opportunity on this hunt by extending the season length. The proposal would add seven days to the end of the current season, therefore meeting a specific public demand for additional hunting opportunity, while maintaining consistency with existing deer herd management plan recommendations.

New G-39 Round Valley Late-Season Buck Hunt
Existing regulations provide for a general deer hunting season, including area description, season, bag and possession limit, and number of tags for hunting deer during the general season in Zone X-9a (Section 360 (b)(13)(A-D), title 14, CCR). Deer residing in Zone X-9a are from two different herds, the Casa Diablo Deer Herd and the Round Valley Deer Herd (formerly Buttermilk and Sherwin Grade deer herds). These two herds differ drastically with regard to herd distribution and the proportion of bucks available during the general hunting season. This condition has resulted in a disproportionately higher hunter effort and increased buck harvest, and buck ratios below objectives on the Casa Diablo herd, while the converse exists on the Round Valley herd. The proposal creates a new additional hunt, G-39 (Round Valley Late-Season Buck Hunt). The area description would be the same as those described for additional hunt J-12. The season would begin the fourth Saturday in October and continue for sixteen consecutive days. The bag and possession limit would be one buck, forked horn or better, per tag with a tag quota range of 5-150 tags. The creation of this hunt would meet an expressed public demand for additional late-season buck hunting opportunity and be consistent with existing deer herd management plan recommendations by providing a more equitable distribution of hunter effort and buck harvest within the Zone X-9a deer herds.

J-21 East Tehama Junior Either-Sex Deer Hunt
Existing regulations provide deer hunting area descriptions, seasons, bag and possession limits, and number of tags for Zone C-4. The zone currently provides limited special junior deer hunting opportunity. The proposal creates a new additional hunt, J-21 (East Tehama Junior Either-Sex Deer Hunt). The area would include the Tehama County portion of Zone C-4. The season would begin the third Saturday in September (Zone C-4 opening) and continue 44 consecutive days (close with Hunt G-1). The bag and possession limit would be one, either-sex deer with a recommended tag quota range of 20-80 tags. Special conditions would be: junior license holders only may apply, and junior hunters must be accompanied by an adult chaperon, 18 years of age or older. This proposal would meet an expressed public demand for increasing hunting opportunity for young hunters, maintain appropriate harvest levels in the Zone C-4 deer herds, and be consistent with existing deer herd management plan recommendations.

Archery Season Opening Dates
Existing regulations for Hunt A-1 (C Zones Archery-Only Hunt) provide for three separate opening dates: the second Saturday in August in Zones C-2 and C-3, the third Saturday in August in Zone C-1, and the last Saturday in August in Zone C-4. Archery deer hunting in the C Zones was consolidated under the Hunt A-1 tag in 2002 in order to simplify the regulations and give hunters additional opportunity to hunt throughout the C Zones. However, the consolidation into a common opening date was omitted. The proposal would modify the season beginning in Zones C-2, C-3 and C-4 to the third Saturday in August, thus aligning all C-Zone opening dates. This would complete the simplification process which was initiated in 2002 and bring the opening date into conformance with the adjacent B, D and X Zone archery season opening dates.

A-22 Archery Hunt
Existing regulations for Area-Specific Archery Hunt A-22 provides for a split season, in which the second half reopens the first Saturday in December and extends through December 31. In 2002, the season was shortened from a season end date of January 31 to December 31. The purpose of this change was to account for administrative procedures and data collection associated with the preparation of the Environmental Document. This action resulted in a decrease in season length by approximately one month, which significantly reduced hunter opportunity. The proposal would add two weeks to the beginning of the second half of the season by reopening the season on the third Saturday in November, thereby meeting a specific public demand for increased hunter opportunity, consistent with the goals and recommendations within the individual deer herd management plans.

Ash Creek Junior Pronghorn Antelope Hunt
Existing regulations specify that the Ash Creek Junior Pronghorn Antelope Hunt occurs on land owned and managed by the Department of Fish and Game as the Ash Creek Wildlife Area, during the first four days of the general season for pronghorn antelope in Zone 5 – Big Valley. The proposal expands geographic boundaries beyond Ash Creek Wildlife Area to all of Zone 5 – Big Valley, extends the season to nine days to correspond with the general season for pronghorn antelope in Zone 5 – Big Valley, and renames the hunt as the Big Valley Junior Pronghorn Antelope Hunt to more accurately reflect the hunt area. Ash Creek Wildlife Area continues to be available exclusively for junior hunters.

Honey Lake Junior Pronghorn Antelope Hunt
Existing regulations specify that the Honey Lake Junior Pronghorn Antelope Hunt occurs within a portion of Lassen County (the Honey Lake Valley), and on land owned and managed by the Department of Fish and Game as the Fleming and Dakin units of Honey Lake Wildlife Area, during the first four days of the general season for pronghorn antelope in Zone 4 – Lassen. The proposal expands geographic boundaries to all of Zone 4 – Lassen, extends the season to nine days to correspond with the Period One general season for pronghorn antelope in Zone 4 – Lassen, and renames the hunt as the Lassen Junior Pronghorn Antelope Hunt to more accurately reflect the hunt area. Honey Lake Wildlife Area continues to be available exclusively for junior hunters on Saturdays and Sundays during the hunt season.

New Surprise Valley Junior Pronghorn Antelope Hunt
Existing regulations do not provide pronghorn antelope tags for Zone 6 – Surprise Valley exclusively for junior hunters. The proposed regulatory change establishes the Surprise Valley Junior Pronghorn Antelope Hunt, with boundaries and season dates coinciding with those of Zone 6 – Surprise Valley. With a range of 1-4 either-sex tags, the hunt will not adversely affect pronghorn populations or current hunt success rates within the zone. The proposed regulation change provides additional opportunity for junior hunters; currently the demand for junior pronghorn antelope tags proportionately exceeds demand for general season tags. The proposed junior hunt opens on the Saturday following the third Wednesday in August and continues for nine consecutive days.

Elk Tag Quota Changes
Existing regulations specify elk license tag quotas for each hunt. It is necessary to adjust quotas periodically in response to dynamic environmental and biological conditions. This proposed amendment makes the following specific changes in license tag quotas: Increase the quota for the Siskiyou Roosevelt Elk Hunt from 25 either-sex tags to 15 antlerless and 15 either-sex tags; reduce the quota for the Klamath Roosevelt Elk Hunt from 15 antlerless and 15 bull tags to 10 antlerless and 10 bull tags; reduce the archery-only quota for the Northeastern California Rocky Mountain Elk Hunt from 7 either-sex to 5 either-sex tags; reduce the archery-only quota for the Owens Valley Tule Elk Hunt from 7 either-sex to 5 either-sex tags; and change the quota for the Fort Hunter Liggett Tule Elk Hunt from 20 antlerless and 14 bull tags to 40 antlerless tags (10 of them designated archery-only), 6 either-sex tags (designated archery only) and 14 bull tags. Periodic quota changes are necessary to maintain hunting quality in accordance with management goals and objectives.

Elk Hunt Boundaries
Existing regulations specify boundaries for the Siskiyou Roosevelt and Northeastern California Rocky Mountain Elk hunts. The proposed change expands the Siskiyou zone eastward and concomitantly reduces the Northeastern zone. Expansion of the Siskiyou zone is warranted; elk wintering in the Siskiyou hunt area often move across the existing boundary into the area proposed for inclusion within the Siskiyou zone. Adjustment of boundaries will improve hunting opportunities and facilitate increasing the quota for the Siskiyou hunt. The proposed amendment will have minimal effect on hunt opportunity within the Northeastern California zone because this zone is large and the greatest concentrations of elk occur within eastern portions that are unaffected by the boundary adjustment.

Existing regulations specify boundaries for the Big Lagoon Roosevelt Elk Hunt. Non-substantive changes are proposed to simplify and clarify the boundary description.

Existing regulations specify boundaries for the La Panza Tule Elk Hunt. The proposal expands the La Panza boundary, consistent with the natural range expansion of tule elk which has occurred since this hunt was established in 1993. The proposal is necessary to improve hunter opportunity and is consistent with management objectives for tule elk in the area.

New Owens Valley Tule Elk Hunt
Existing regulations make no provision for public tule elk hunting in the Owens Valley west of US Highway 395. The proposal will establish the West Tinemaha Zone on the west side of Highway 395 near Tinemaha Reservoir, with 6 bull and 6 antlerless tags (designated archery-only and evenly distributed among three hunt periods), valid for both the Tinemaha and West Tinemaha zones. Establishing a new tule elk hunt zone in the Owens Valley will provide additional elk hunting opportunities and is consistent with statewide management objectives for tule elk.

New East Park Reservoir Tule Elk Hunt
Existing regulations do not provide for public tule elk hunting in Colusa and Glenn counties near East Park Reservoir. The proposal will establish a new tule elk hunt in the vicinity of East Park Reservoir, with 2 bull and 2 antlerless elk tags divided among three hunt periods in September. The proposal will provide additional elk hunting opportunities, consistent with the statewide management objectives for tule elk.

Fort Hunter Ligett Tule Elk Hunt Changes
Existing regulations specify season dates for two hunt periods for the Fort Hunter Liggett Tule Elk Hunt. The proposed change will move the opening dates for Period One to the fourth Wednesday in November, and Period Two to the Wednesday after the second Saturday in December. Length of these hunt periods remains unchanged at 5 consecutive days. The proposal establishes season dates for Period Three, which will open on the last Wednesday in December and continue for 5 consecutive days. The proposal also establishes an Archery-Only Season on weekends (Saturdays and Sundays) and the Labor Day Holiday in September. Significantly increasing the tag quota for the Fort Hunter Liggett Tule Elk Hunt requires modifying existing season dates and establishing two additional hunt periods to meet hunter demand. Minor editorial changes are proposed to improve clarity and consistency of the regulations. Specifically, the amendment updates the year to 2004 and makes other minor changes to reduce redundancy.

Owens Valley Tule Elk Fund-raising Hunt Date Change
Based on constructive public input, regulatory language in the Initial Statement of Reasons was changed to establish an earlier season for the Owens Valley Tule Elk fund-raising hunt. This hunt will begin on the last Saturday in July and continue for 30 consecutive days. An earlier season will improve hunter satisfaction by allowing bulls to be taken when the condition of their antlers is optimal.