Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.32,No.08, February 24, 2006 issue of the Florida Administrative Weekly.
Changes are made on the basis of comments and recommendations received from the Joint Administrative Procedures Committee:
40E-7.520 Scope and Applicability.
(7) The following District lands are exempt from the provisions of Chapter 40E-7, Part V, F.A.C: Exemptions.
(a) District office buildings, service centers, field stations, water control structures and other facilities.
(b) District lands that are under a land management lease or agreement with city, county, state, federal agencies, or private entities, including without limitations Water Conservation Areas 1, 2 and 3.
(c) District lands that are commercially leased lands will not be governed by these rules unless the lease specifically permits public access.
(d) District lands on Tribal Reservations.
(e) Lands in which the District has a less than fee interest where the underlying fee owner has restricted or prohibited public access.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.056, 373.1391, 373.1395, 373.1401, 373.59 FS. History–New 5-24-94, Amended 11-12-95, 1-7-97, 11-13-97, 1-1-99, 1-5-03, ________.
40E-7.527 Hunting; Possession and Use of Firearms or Hunting Devices.
(1) Consistent with applicable provisions of local, state and federal law, concerning hunting or the possession and use of firearms or other types of hunting devices, such as the rules of the Florida Fish and Wildlife Conservation Commission and the United States Department of Interior, Fish and Wildlife Service, hunting, unlawful possession, discharge, and use of firearms, or other types of hunting devices or trapping devices and the releasing of free-running hunting dogs are prohibited on District lands unless the land is opened as a public hunting area and these uses are authorized in the specific public hunting area regulations. Nothing contained in Chapter 40E-7, Part V, F.A.C., shall be construed to prohibit the lawful possession of concealed weapons by persons properly licensed by the State of Florida to carry concealed weapons. The prohibition on the possession and discharge of firearms or other types of hunting devices shall not apply on land approved by the District for use as a small arms shooting range.
(2) through (3) No change.
(4) No person shall hunt or possess a firearm or other type of hunting device except during regulated hunting seasons established and managed by the Florida Fish and Wildlife Conservation Commission.
(5) through (9) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.1401, 373.59, 790, 810.09 FS. History–New 5-24-94, Amended 1-1-01, 1-5-03, ________.
40E-7.538 Special Provisions for Management Areas of the District Open to the Public.
(1) through (2) No change.
(3) Gardner-Cobb Marsh Management Unit in Osceola County
(a) Persons may enter and exit the management area from Lake Cypress, Lake Hatchineha, Lake Kissimmee, and Canal 36.
(b) Airboating is prohibited beyond the restricted area signs, on or across improved roadways or within hammock areas, except that airboats may cross the main grade at the designated crossing points.
(c) Hunting in Ike Hammock is prohibited.
(d) Possession of a firearm or other types of hunting devices in Ike Hammock is prohibited.
(4) Lower Kissimmee River Management Area located in Polk, Osceola, Highlands, Glades, and Okeechobee Counties.
(a) Camping is permitted only at designated campsites when in the possession of a Special Use License.
(b) The use or possession of saddle animals is permitted when in the possession of a Special Use License.
(c) The use or possession of saddle animals and camping at designated campsites is permitted for both uses when in possession of a Special Use License permitting both uses.
(d) Safety Zones within the Public Use Area in Okeechobee, Highlands, Osceola, and Polk Counties.
1. All firearms and other types of hunting devices shall be unloaded.
2. A person in possession of a Special Use License to camp within the Safety Zone at the Oak Creek Campsite during a hunting season shall have firearms and other types of hunting devices unloaded and secured in a locked firearm or other type of hunting device case while in camp and while in direct travel to and from the campsite.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 1-01-01, Amended 01-05-03, ________.
40E-7.5381 Special Provisions for Right of Way of the District.
The following shall be prohibited on all Right of Way of the District; which include rights-of-way, canals, levees, maintenance berms, and spoil mounds:
(1) No change.
(2) Discharge of firearms or other types of hunting devices.
(3) through (4) No change.
(5) Operating any all terrain vehicles or off highway vehicles, or amphibious vehicles on roads, levees, maintenance berms, or other District land unless authorized by the District. When authorized the District may specify the roads, trails, times of use and other restrictions.
(6) through (12) No change.
(13) The removal of any spoil, rock or mineral formations by any person or entity without written authorization from the District.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New ________.
40E-7.5382 Special Provisions for Vacant Undesignated District lands Open to the Public.
The following shall be prohibited on vacant undesignated lands, as that term is defined in subsection 40E-7.521(30), F.A.C.
(1) Possession of a firearm or other types of hunting devices.
(2) Hunting is only authorized in those vacant undesignated lands which have been opened for public hunting as provided in Rule 40E-7.525, F.A.C., if any. Hunting, unless otherwise authorized by the Governing Board and administered by the Florida Fish and Wildlife Conservation Commission.
(3) through (6) No change.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New ________.
40E-7.5383 Special Provisions for Stormwater Treatment Areas (STA’s) of the District Open to the Public.
Persons may only enter and exit Stormwater Treatment Areas at designated public access points during the hours and days as designated by posted signs.
(1) The following are prohibited in all Stormwater Treatment Areas unless otherwise authorized:
(a) Pets, with the exception of service animals.
(b) Hunting, unless otherwise authorized by the Governing Board and administered by the Florida Fish and Wildlife Conservation Commission.
(b)(c) Frogging.
(c)(d) Fishing in areas closed to fishing within the STA’s as posted by sign.
(d)(e) Motorized and non-motorized vessels and boat trailers in interior waters.
(e)(f) Entering interior waters.
(2) Hunting is only authorized in those STA's which have been opened for public hunting in accordance with Rule 40E-7.525, F.A.C.
(3)(2) Vessels and vessel operation is permitted only on STA exterior canals under the following limitations:
(a) Vessel and vessel operation limitations shall be posted by sign.
(b) Vessel and vessel operation limitations shall may be made specific to each Stormwater Treatment Area exterior canal for: resource protection; protection of District structures, equipment, and levees; and operations, and maintenance of the STA; or as necessary to accomplish the District missions.
(c) Vessels shall be limited as motorized or non-motorized, and by engine horsepower, engine type, and vessel type.
(d) Vessel operation shall be limited by area, water depth, by distance from District structures, equipment, or levees, and by speed.
(4)(3) The following vessel and vessel operations are prohibited in Stormwater Treatment Area exterior canals:
(a) Personal watercraft.
(b) Airboats.
(c) Vessel operation greater than Idle Speed within 300 feet of any District, structure or equipment.
(d) Vessel operation which causes damage to plants, injures animals or fish, or other environmental resources.
(e) Vessel operation within an area delineated by vessel barriers.
(f) Anchoring or tying a vessel or watercraft to a road, levee, maintenance. berm, structure, fence, tree, post, sign, gauge, data recorder, weed barrier, or vessel barrier.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59, 373.4592(4)(a) FS. History–New ________.
40E-7.5384 Special Provisions for Impoundment Areas of the District Open to the Public.
Persons may only enter and exit Impoundment Areas at designated public access points during the hours and days as designated by posted signs.
(1) The following are prohibited in all Impoundment Areas:, unless otherwise authorized.
(a) Pets with the exception of service animals, leashed animals, and animals otherwise under the effective control of the owner.
(b) Hunting, unless otherwise authorized by the Governing Board and administered by the Florida Fish and Wildlife Conservation Commission.
(b)(c) Frogging.
(c)(d) Fishing in areas closed to fishing within the Impoundment Areas as posted by sign.
(d)(e) Swimming, surfing, snorkeling, scuba diving or use of other underwater breathing apparatus.
(e)(f) Water skiing, tubing, wake boarding or similar in water sports.
(2) Hunting is only authorized in those Impoundments Areas which have been opened for public hunting in accordance with Rule 40E-7.525, F.A.C., if any.
(3)(2) Vessels and vessel operation is permitted on Impoundment Areas under the following limitations:
(a) Vessel and vessel operation limitations shall be posted by sign.
(b) Vessel and vessel operation limitations shall may be made specific to each Impoundment Area for: resource protection; protection of District structures, equipment, and levees; and operation, and maintenance of the Impoundment Area; or as necessary to accomplish the District’s mission.
(c) Vessels shall be limited as motorized or non-motorized, and by engine horsepower, engine type, and vessel type.
(d) Airboat operation shall be limited to designated areas.
(e) Vessel operation shall be limited by area, water depth, by distance from District structures, equipment, or levees, and by speed.
(4)(3) The following vessels and vessel operations are prohibited in Impoundments:
(a) Personal watercraft.
(b) Vessel operation greater than Idle Speed within 300 feet of any District, structure or equipment.
(c) Vessel operation which causes damage to plants, injures animals or fish, or other environmental resources.
(d) Vessel operation within an area delineated by vessel barriers.
(e) Anchoring or tying a vessel or watercraft to a road, levee, maintenance berm, structure, fence, tree, post, sign, gauge, data recorder, weed barrier or vessel barrier.
Specific Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New ________.