68A-15.006: Regulations Relating to Miscellaneous Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to better manage fish and wildlife resources and public hunting on miscellaneous areas; clarify rule language related to the take of wildlife with guns; and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.
SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes; amend or clarify rule language related to guns used for taking wildlife on miscellaneous areas; and clarify hunter access rules for Babcock Ranch Preserve. Additional proposed rule amendments would provide non-substantive technical changes, such as grammatical corrections, language standardization or clarification of an existing rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 8-9, 2012, 8:30 a.m. – 5:00 p.m., each day
PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
68A-15.006 Regulations Relating to Miscellaneous Areas.
(1) No change.
(2) Kissimmee River Public Use Area.
(a) Open season:
1. through 2. No change.
3. Furbearers – During the zonal antlered deer season only except that bobcat, and otter may be taken only after November 30.
4. No change.
(b) No change.
(c) General regulations:
1. Taking wildlife with guns shall be prohibited in the marshes and uplands except during the period beginning on the opening day of rail season established in Rule 68A-13.008, F.A.C., and ending on the closing day of spring turkey season established in Rule 68A-13.004, F.A.C. Taking wildlife with centerfire rifles is prohibited. The marshes shall be those lands outside the Kissimmee River channel, the C-38 canal, and the Istokpoga canal. In posted archery/muzzleloading gun areas, only bows may be used to take wildlife during the zonal archery season, only muzzleloading guns may be used to take wildlife during the zonal muzzleloading gun season, only bows may be used to take wildlife during the antlered deer season, and only bows and muzzleloading guns may be used to take wildlife during other established seasons. The take of wildlife with possession of guns shall be prohibited in the marshes and uplands in the northern portion of Bluff Hammock lying in the west 1/2 of Section 26 and the east 1/2 of Section 27, Township 34 South, Range 31 East, which are posted as closed to hunting or fishing possession of guns.
2. Shooting frogs shall be permitted only during hunting seasons established for this area and only with guns that are legal methods of take to use during each particular open hunting season.
3. through 8. No change.
9. Possession of guns or firearms is allowed pursuant to the provisions of Florida Statutes, except as prohibited in subparagraph 1. and as otherwise prohibited under the legal authority of the landowner, lead managing agency, or pursuant to federal law. During periods closed to hunting or when the firearm is not a legal method of take, firearms shall be encased and properly secured in a vehicle, vessel, travel trailer, camper, or tent, except those persons in possession of a valid Concealed Weapon or Firearm License may possess concealed handguns. No person shall discharge any gun for testing or target practice, except on a Commission shooting range or at Commission sponsored events.
9.10. No change.
(3) Babcock Ranch Preserve.
(a) Open season (in the FWC designated hunting area):
1. Archery – July 28-31 30 through August 2 and August 4-7 6-9.
2. Muzzleloading gun – September 1-3 3-5.
3. Family – September 15-16 17-18 and December 15-16 17-18.
4. General gun for mobility-impaired – November 30 through December 2 2-4.
5. General gun – September 21-23 23-25, September 28-30 30 through October 2 and December 7-9 9-11.
6. Small game – January 5-20 7-22 and February 2-3 4-5 (Saturdays and Sundays only).
7. Spring turkey – March 2-4 3-5 and 9-11 10-12.
8. No change.
(b) The following are the only species of wildlife legal to take within the FWC designated hunting area: All legal game (except quail) and wild hog. One antlered and one antlerless deer may be taken per quota permit during the archery season, family and general gun for mobility-impaired hunts. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person and per quota permit during the muzzleloading gun and general gun hunts. One turkey per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.
(c) Regulations controlling activities within the FWC designated hunting area:
1. through 7. No change.
8. During periods open to hunting, access is allowed only by those individuals with a valid quota permit or guest permit and only from 1.5 hours before sunrise to 1.5 hours after sunset.
9. Scouting is allowed one day prior to each hunt from 8 a.m. to sunset by individuals in possession of a valid quota permit for that hunt and guest hunters and assistants may accompany them. There are no scout days for small game season.
10. through 14. No change.
(d) No change.
(4) Kissimmee Chain of Lakes Area.
(a) through (b) No change.
(c) General regulations:
1. through 3. No change.
4. Shooting frogs shall be allowed only during hunting seasons established for this area and only with guns that are legal methods of take to use during each open hunting season.
5. through 7. No change.
8. Wild hog may be taken in accordance with the following provisions:
a. No change.
b. Wild hog may only be taken with a gun from one-half hour before sunrise to one-half hour after sunset. Wild hog may not be taken with hunted without a gun at night.
c. No change.
9. No change.
10. Possession of guns or firearms is allowed pursuant to the provisions of Florida Statutes, except as prohibited under the legal authority of the landowner, lead managing agency or pursuant to federal law. During periods closed to hunting or when the firearm is not a legal method of take, firearms shall be encased and properly secured in a vehicle, vessel, travel trailer, camper or tent, except those persons in possession of a valid Concealed Weapon or Firearm License may possess concealed handguns. No person shall discharge any gun for testing or target practice, except on a Commission shooting range or at Commission-sponsored events.
11. through 14. renumbered 10. through 13. No change.
PROPOSED EFFECTIVE DATE: July 1, 2012.
Rulemaking Authority Art. IV, Sec 9, Fla. Const. Law Implemented Art IV, Sec 9, Fla. Const. History–New 12-9-99, Amended 5-13-02, 5-1-03, 5-23-04, 7-1-06, 7-1-08, 7-1-09, 7-1-10, 11-9-10, 7-1-11, 7-1-12.
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.