Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-15.065: Specific Regulations for Wildlife Management Areas - Northeast Region
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to revise specific area regulations on
Tosohatchee Wildlife Management Area (WMA) in the Northeast Region to provide for a management authority transition from the Department of Environmental Protection to the Fish and Wildlife Conservation Commission. Consideration of these rules for final adoption will be contingent upon a final decision by the state to proceed with this transfer of lead management authority.
SUMMARY: The proposed amendment to subsection (11) of Rule 68A-15.065 would revise specific area regulations for Tosohatchee WMA in the Northeast Region. The proposed rule change would specify that tent camping is allowed at designated campsites during periods closed to hunting, and allow public access on the area from 8:00 a.m. until sunset during periods closed to hunting, unless camping at designated campsites.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution 375.313 FS.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: June 7–8, 2006, 8:30 a.m. to 5:00 p.m., each day.
PLACE: Marriott West Palm Beach, 1001 Okeechobee Boulevard, West Palm Beach, FL.
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 by calling (850) 488-9542. 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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-15.065 Specific Regulations for Wildlife Management Areas - Northeast Region.

(1) – (10) No Change.

        (11) Tosohatchee Wildlife Management Area.

(a) – (b) No Change.

(c) Camping:  Allowed Permitted only at the designated through-trail campsites along the Florida Trail throughout the year.  Tent camping is allowed during periods closed to hunting at designated campsites by permit only.

(d) General regulations:

1. Public access during periods closed to hunting shall be from 8:00 a.m. to sunset unless camping at designated campsites.

2.1. A quota permit shall be required for every hunter entering the area, except during the general gun-hog season when a quota permit will be required for each group of two hunters. During the general gun-hog season only the hunter possessing the quota permit may possess a gun.

3.2. Hunters shall check in and out at a check station when entering and exiting the area and shall check all game taken.

4.3. Vehicles may be operated only on named or numbered roads and may be parked only at designated parking areas.

5.4. Airboats, tracked vehicles and all-terrain vehicles are prohibited. Horses and motorcycles are prohibited during periods when the area is open to hunting.

6.5. Handguns are prohibited. The possession of centerfire rifles is prohibited during the spring turkey season.

7.6. Hunting with dogs is prohibited except that dogs may be used during the general gun-hog hunts. During general gun-hog hunts no more than 3 dogs per quota permit are permitted.

8.7. Taking of wildlife by use of a gun on or from rights-of-way of all paved roads is prohibited as provided by Rule 68A-4.008, F.A.C.

(12) – (34) No Change.

PROPOSED EFFECTIVE DATE: August 1, 2006.

 

Specific Authority Art. IV, Sec. 9, Fla. Const., 372.121, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.121, 375.313 FS. History–New 6-21-82, Amended 6-29-82, 7-1-83, 7-5-84, 10-1-84, 7-1-85, 5-7-86, 5-10-87, 5-1-88, 7-1-89, 12-19-89, 7-1-90, 7-1-91, 7-2-91, 7-2-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 7-1-98, 7-2-98, 8-11-98, 12-28-98, 7-1-99, Formerly 39-15.065, Amended 12-20-99, 7-1-00, 12-26-00, 7-1-01, 6-2-02, 7-28-02, 5-1-03, 7-1-03, 10-12-03, 7-1-04, 7-1-05, 7-1-06,             .


NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Nick Wiley, Director, Division of Hunting and Game Management.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 26, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2005.