68A-17.004: General Regulations Relating to Wildlife and Environmental Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to establish general rules relating to the take of wild hogs, the take of non-protected mammals and the possession of guns or firearms on Wildlife and Environmental Areas (WEA). The effect would be a general set of regulations allowing the take of wild hogs with no size or bag limits, establish shooting hours and prohibit the transport of live wild hogs, except as provided by area specific rule. Non-protected mammals will be legal to take during any season that allows the take of game mammals, except as provided by area specific rule. Firearms and guns may be possessed throughout the year provided they are securely encased in a vehicle, vessel, camper or tent during periods when the take of wildlife with a gun is prohibited.
SUMMARY: The proposed rule changes would allow the possession of guns on WEAs in accordance with Chapter 790, F.S., subject to state and federal law, provided the guns are securely encased in a vehicle, vessel, camper or tent during periods when the take of wildlife with a gun is prohibited; allow wild hogs to be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals or wild hogs, with no size or bag limit unless provided by area specific rule, using only methods of take allowed for the taking of game mammals, and not transport wild hogs alive; prohibit target practice except at a shooting range or Commission sponsored event; and allow the take of non-protected mammals during any season open for the taking of game mammals with no size or bag limit, unless otherwise provided by area specific rule.
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-17.004 General Regulations Relating to Wildlife and Environmental Areas.
(1) No change.
(2) Permits required:
(a) All regular licenses are required for persons, except those exempted in subsection (3) hereof, to take wildlife hunt, trap or be in possession of a gun, trap or other device for taking wildlife or fur-bearing animals on a wildlife and environmental area.
(b) A wildlife management area stamp as provided by Section 372.57, F.S., in addition to all regular license requirements, is required for persons, except those exempted in subsection (3) hereof, to take wildlife hunt, trap or be in possession of a gun, trap or other device for taking wildlife or fur-bearing animals on a wildlife and environmental area.
(c) through (d) No change.
(3) No change.
(4) Legal to Hunt: Legal game shall be only those game species identified in specific area regulations.
(a) through (b) No change.
(c) Wild hogs may be taken in accordance with the following provisions:
1. Wild hogs may only be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals or any season established for the taking of wild hog only, with no size or bag limit unless provided by area specific rule.
2. Methods of take, other than those allowed for the taking of game mammals during each open season, are prohibited.
3. During any season established for the taking of wild hog only, only legal methods of take for game are allowed unless otherwise provided by area specific rule.
4. Wild hogs may not be transported alive.
(d) Non-protected mammals, as defined in paragraph 68A-12.002(9)(a), F.A.C., may be taken during any season open for the taking of game mammals, with no size or bag limit unless otherwise provided by area specific rule.
(5) No change.
(6) Guns:
(a) Possession of guns or firearms is allowed on wildlife and environmental areas pursuant to the provisions of Florida Statutes, unless as otherwise prohibited under the legal authority of the landowner, lead managing agency, military installation commander, or pursuant to federal law. During periods closed to hunting or when the firearm is not a legal method of take, firearms shall be securely encased 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 fire any gun for testing or target practice, except on a Commission shooting range or at Commission sponsored shooting events. No person shall possess any gun on any wildlife and environmental area during any period in which hunting by the use of a gun is prohibited unless otherwise authorized by permit from the executive director.
(b) Taking wildlife with The possession of a firearm or crossbow is prohibited on any wildlife and environmental area during the established seasons for archery hunting unless otherwise stipulated in a regulation established for a specific area. Taking wildlife with The possession of a gun (except a muzzleloading gun) is prohibited on any wildlife and environmental area during the established season seasons for muzzleloading gun hunting. Taking wildlife with The possession of a gun is prohibited on any wildlife and environmental area during any season open only for the taking of fur-bearing animals or frogs unless otherwise stipulated in a regulation established for a specific area.
(c) Notwithstanding the provisions of paragraph (a), (b), or (f) or specific area regulations in this chapter generally prohibiting possession of a gun, a person in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns under the provisions of Section 790.06, Florida Statutes, throughout the year, unless otherwise prohibited pursuant to state or federal law.
(c)(d) No change.
(d)(e) Taking wildlife with centerfire The possession of center-fire rifles is prohibited during small game season.
(f) The possession of any firearm containing shells or cartridges, or any capped or primed muzzleloading gun is prohibited on any public campsite or check station area. The discharge of firearms is prohibited on, from or across any campsite or check station area.
(e)(g) Notwithstanding the provisions of paragraph (a), (b), (e), or (f) or specific area regulations in this chapter generally prohibiting possession of a gun, persons meeting the following requirements are allowed to possess and transport guns within a vehicle or vessel provided the guns are securely encased as defined under Chapter 790, F.S.:
1. through 2. No change.
(7) through (17) No change.
PROPOSED EFFECTIVE DATE: July 1, 2008.
Specific Authority Art. IV, Sec. 9,