Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-13.007: Hunting Regulations on Public Small-Game Hunting Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise the regulation for Public Small-Game Hunting Areas (PSGHAs) which prohibits the possession of a firearm other than a shotgun and to require a management area permit for hunting. The effect of the proposed rule changes will allow the possession of any gun, but only allow the take of wildlife with shotguns, except that alligators may only be taken with bang sticks; and require hunters to obtain a management area permit prior to hunting on PSGHAs.
SUMMARY: The proposed rule would allow the possession of guns pursuant to Chapter 790, F.S., subject to state and federal law, provided the gun is securely encased in a vehicle, vessel, camper or tent during periods when the take of wildlife with the gun is prohibited; and require hunters to possess a management area permit when hunting on Public Small-Game Hunting Areas.
SUMMARY OF STATEMENT 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.
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 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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: Nick Wiley, 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-13.007 Hunting Regulations on Public Small-Game Hunting Areas.

(1) No change.

(2) The general regulations for public small-game hunting areas shall be as follows:

(a) through (e) No change.

(f) Taking wildlife with The possession of firearms other than bang sticks by persons permitted to take alligators and shotguns is prohibited unless otherwise provided by specific area regulation, except bang sticks are allowed to take alligators by persons permitted to take alligators.

(g) through (m) No change.

(n) A management area permit as provided by Section 372.57, F.S., in addition to all regular license requirements, is required for persons, except those persons exempted by Section 372.57, F.S.; persons engaging in activities pursuant to Rule 68A-9.007, 68A-25.032 or 68A-25.042, F.A.C.; or by Order of the Executive Director; to take wildlife on a Public Small Game Hunting Area.

PROPOSED EFFECTIVE DATE: July 1, 2008.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-4-82, Formerly 39-13.07, Amended 7-1-89, 7-1-96, Formerly 39-13.007, Amended 4-30-00, 7-1-06, 7-1-08.

 

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 FAW.


NAME OF PERSON ORIGINATING PROPOSED RULE: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007