Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-17.005: Specific Regulations for Wildlife and Environmental Areas
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) and conform to calendar year date changes. The effect of the proposed rule changes will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.
SUMMARY: The proposed rule changes would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife and Environmental Areas (WEAs) as follows:
Lake Wales Ridge WEA – Royce Unit – establish two new wild hog weekend hunts (quota of 20 per hunt, no exemptions); establish two new 3-day archery hunts (quota of 10 per hunt, no exemptions); delete the quota permit requirement for small game season; and no longer require hunters to check in and out or check game at the check station.
Suwannee Ridge WEA – allow dogs on leashes for trailing wounded game and eliminate the fishing season.
CREW WEA – establish a 28-day small game season; prohibit the take of bobcat and otter; and allow the take of wildlife with dogs only during general gun and small game seasons.
John C. and Mariana Jones/Hungryland – extend the small game season from 16 days to 30 days; expand the migratory game bird season to match the statewide season; change the definition of legal to take for antlered deer to those having three or more points on at least one antler, each point one inch or more in length; and allow motorized vehicles on named or numbered roads and in designated parking areas unless otherwise posted as closed.
John G. and Susan H. Dupuis, Jr. – allow the mobility-impaired season to start prior to general gun season; allow the take of migratory birds during migratory bird season when it coincides with the archery, muzzleloading gun, general gun, general gun for mobility-impaired, and small game seasons; allow registered and licensed motorcycles; and eliminate the quotas for the general gun hog hunts.
Southern Glades WEA – establish a 114-day small game season.
The proposed rule changes would simplify and standardize regulations related to the take of wild hogs on WEAs by area specific rule; liberalize regulations related to the possession of firearms, in accordance with Florida Statutes; and provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing 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 375.313 FS.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) Southwest Region.

(a) No change.

(b) Hickey Creek Mitigation ParkLee County.

1. Taking wildlife with Hunting or possession of guns is prohibited.

2. through 7. No change.

(c) Platt Branch Mitigation ParkHighlands County.

1. Taking wildlife with Hunting or possession of guns is prohibited.

2. through 6. No change.

(d) through (e) No change.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

1. Open season:

a. Archery – October 10-12 and 17-19.

b.a. General gun – November 14-16 16-18.

c.b. Small game – December 5-7 7-9 and 19-21 21-23, January 16-18 18-20 and 23-25 25-27.

d. General gun hog – January 3-4 and 10-11.

e.c. Spring turkey – March 20-22 14-16 and April 3-5 March 28-30.

f.d. Fishing and frogging – Permitted throughout the year.

2. Legal to take: All legal game, wild hogs, fish, frogs, and furbearers. The bag limit for antlered deer shall be one per quota hunt permit. Antlerless deer may be taken by permit only. Only wild hog may be taken during the general gun hog season. During the spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) per quota hunt permit. There shall be no size or bag limit restrictions on wild hogs.

3. General regulations:

a. through d. No change.

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

e.f. Hunting with dogs is prohibited except bird dogs and retrievers may be used during the small game season. Hunting wild hog hogs with dogs is prohibited.

(g) Perry Oldenburg Mitigation ParkHernando County.

1. Taking wildlife with guns Hunting or possession of firearms is prohibited.

2. through 6. No change.

(h) No change.

(2) North Central Region.

(a) Santa Fe SwampBradford County.

1. Open season (hunting prohibited at other times):

a. Archery – September 20 22 through October 19 21.

b. Muzzleloading gun – October 24-26 26-28.

c. Archery and muzzleloading gun – November 8 10 through January 4 6.

d. Spring turkey – March 21 15 through April 26 20.

e. No change.

2. Legal to take: Wild hogs, gray squirrel, rabbit, deer with one or more antlers at least five inches in length and fish. Deer (except spotted fawns) and turkey of either sex may be taken during the archery season. Only bearded turkey or gobblers may be taken during the spring turkey season. No size or bag limit on hogs.

3. General regulations:

a. through b. No change.

c. Centerfire or rimfire rifles, shotguns, pistols, and crossbows are prohibited for taking wildlife.

d. No change.

e. Wild hogs may not be transported alive.

(b) No change.

(c) Suwannee Ridge – Hamilton County.

1. Open season:

a. Mobility-impaired general gun – October 10-12, 24-26, October 31 through 12-14, 26-28, November 2-4 and December 12-14 14-16.

b. Mobility-impaired spring turkey – March 27-29 21-23 and April 17-19 11-13.

c. Fishing – Throughout year.

2. Legal to take: Any deer (except spotted fawn), wild hogs, bearded turkey (during spring turkey season only), gray squirrel, and rabbit. The bag limit shall be two deer or two bearded turkeys per quota permit. Only mobility-impaired hunters may take an antlerless deer.

3. General regulations:

a. through f. No change.

g. The possession of dogs or horses is prohibited, except as provided by paragraph 68A-15.004(7)(d), F.A.C.

h. No change.

(d) Brannan Field Mitigation Park Duval and Clay counties.

1. Taking wildlife with guns Hunting or possession of firearms is prohibited.

2. through 3. No change.

(3) Northwest Region.

(a) Judges Cave Jackson County.

1. Taking wildlife with Hunting or possession of guns is prohibited.

2. through 5. No change.

(b) Apalachicola River Gulf, Franklin, and Liberty counties.

1. Hunting shall be allowed only during the open seasons established for migratory birds in Rules 68A-13.003 and 68A-13.008, F.A.C., and during open seasons established for deer, turkey, quail, and squirrel, and wild hogs in Rule 68A-13.004, F.A.C., except for the following:

a. through d. No change.

e. Wild hog may only be taken during the archery, muzzleloading gun, general gun and archery/muzzleloading gun seasons. No size or bag limit on wild hogs.

2. No change.

3. General regulations:

a. Camping is limited to tents, trailers, or self-propelled camping vehicles only. Camping is permitted throughout the area, except where posted as no camping. Kitchen stoves, refrigerators, and freezers, unless contained in mobile campers, lumber, sheet metal, or other building materials are is prohibited.

b. through g. No change.

(c) No change.

(4) South Region.

(a) Southern Glades Dade County.

1. Open season:

a. Archery September 6 8 through October 5 7.

b. Muzzleloading gun October 10-12 12-14.

c. General gun October 25 27 through November 30 December 2.

d. Small game November 8 through March 1.

e.d. Ducks, geese, coots, and snipe During the seasons established for these species in Rules 68A-13.003 and 68A-13.008, F.A.C.

e. through f. renumbered f. through g. No change.

2. Legal to take: Deer with one or more antlers at least five inches in length, and wild hogs with a shoulder height of 15 inches or more; duck, Ducks, coots, and snipe; fish and frogs. may be taken during seasons established for these species in Rules 68A-13.003 and 68A-13.008, F.A.C. The take of wild hog is prohibited during small game season. Wild hog: daily bag, 1; possession limit, 2.

3. No change.

(b) John G. and Susan H. Dupuis Jr. Palm Beach and Martin counties.

1. Open season:

a. Archery September 5-7 7-9, 12-14 14-16 and 19-21 21-23.

b. Muzzleloading gun October 3-5 5-7, 10-12 12-14 and 17-19 19-21.

c. General gun for mobility-impaired General gun October 25-26 26-28 and November 2-4.

d. General gun for mobility-impaired October 31 through November 2 and November 7-9 10-11.

e. General gun hog November 11-13 13-15, 18-20 20-22, 25-27 27-29 and December 2-4 4-6. Wild hogs only. No bag or size limit.

f. Spring turkey March 10-12 4-6, 20-22 14-16 and 27-29 21-23.

g. Small game December 6 8 through January 25 27.

h. through j. No change.

2. Legal to take:

a. All legal game, gobblers or bearded turkeys (during spring season only), fish and furbearers (except otter). Taking of antlered Antlered deer not having with at least one antler with having three or more points, one inch or more in length, is prohibited. Antlerless deer (except spotted fawns) may be taken during the archery and general gun for the mobility-impaired seasons; and by antlerless deer permit only during the muzzleloading gun and general gun seasons. The bag limit for deer shall be one per quota hunt permit, except during the general gun for mobility-impaired season when one (1) antlered and one (1) antlerless deer may be taken per quota permit. Wild hogs may be taken with no size or bag limit. The bag limit for turkey shall be one per quota hunt permit. The take of wild hog is prohibited during small game season.

b. Spring turkey season Gobblers or bearded turkeys only. The bag limit for turkey shall be one per quota hunt permit.

c. Small game season Quail, gray squirrel, rabbit, armadillo, bobcat, raccoon, opossum, coyote, and skunk. Any migratory game bird may be taken during those portions of seasons established for these species in Rules 68A-13.003 and 68A-13.008, F.A.C., that coincide with the small game season.

3. Camping During the archery, muzzleloading gun, general gun, general gun for mobility-impaired, and spring turkey, and general gun hog seasons, no person shall camp on the area except those possessing a current Dupuis quota hunt permit. and during the general gun hog season, only general gun hog hunters may camp on the area; camping Camping is permitted only on in the campsite adjacent to Gate 3. Authorized camping equipment may be taken on the area after 8:00 a.m. one day before each three-day hunt of the archery, muzzleloading gun, general gun, general gun hog, general gun for mobility-impaired, and spring turkey seasons. Authorized camping equipment shall be removed from the area before 5:00 p.m. one day following each three-day hunt of the archery, muzzleloading gun, general gun, general gun hog, general gun for mobility-impaired, and spring turkey seasons. During the remainder of the year, camping is permitted only at designated primitive sites on hiking trails, the Family General Use campground on Jim Lake Grade, and at the designated equestrian staging area at Gate 3. Small game hunters shall utilize the Family General Use campground on Jim Lake Grade or the primitive sites on the hiking trails.

4. General regulations:

a. Unauthorized removal or cutting of live or dead trees or plants is prohibited.

b. through g. renumbered a. through f. No change.

g.h. The use of tracked vehicles, buggies, airboats, motorcycles, or all-terrain vehicles is prohibited except all-terrain vehicles may be used during the general gun for mobility-impaired season. The operation of a motorcycle that is not registered and licensed is prohibited.

h.i. Horses are prohibited during the archery, muzzleloading gun, general gun, general gun for mobility-impaired, spring turkey, and general gun hog seasons. During the remainder of the year horses may be used only on designated equestrian trails and named or numbered roads. The use of horses on all other roads and trails is prohibited. Persons horseback riding on the area shall enter and exit only at Gate 3.

i.j. During the archery, muzzleloading gun, general gun, general gun for mobility-impaired, spring turkey, and general gun hog seasons, hunters shall check in and out at the check station at Gate 3 and check all game taken. No deer, wild hog, or turkey may be dismembered until checked at the check station. During the small game season, hunters shall enter and exit the area through Gate 1.

j.k. No change.

k.l. During the archery, muzzleloading gun, general gun, general gun for mobility-impaired, spring turkey, and general gun hog seasons, no person shall enter or exit the area except through Gate 3 and all such persons shall possess a valid quota hunt permit for the area except that one person younger than 16 years of age may accompany a person older than 18 years of age who possesses a valid quota permit.

l.m. No change.

n. The designated campsite for hunters is at Gate 3 and may be used by hunters only during the archery, muzzleloading gun, general gun, general gun for mobility-impaired, spring turkey, and general gun hog seasons. Authorized camping equipment may be taken on the area after 8:00 a.m. one day before each three-day hunt of the archery, muzzleloading gun, general gun, general gun hog, general gun for mobility-impaired, and spring turkey seasons. Authorized camping equipment shall be removed from the area before 5:00 p.m. one day following each three-day hunt of the archery, muzzleloading gun, general gun, general gun hog, general gun for mobility-impaired, and spring turkey seasons.

o. Each person hunting during the general gun for mobility-impaired season shall possess quota hunt permit for the hunt.

p. through s. renumbered m. through p. No change.

(c) CREW Collier and Lee Counties.

1. Open season:

a. Archery September 6-14 8-16.

b. Muzzleloading gun October 11-13 13-15.

c. General gun October 25 27 through November 2 4.

d. Small game November 29 through December 26.

e.d. Spring turkey March 7-10 1-4 and 11-15 5-9.

e. through g. renumbered f. through g. No change.

2. Legal to take: All legal game, fish, frogs, and furbearers (except bobcat and otter). The bag limit for deer shall be one per quota hunt permit. The taking of deer is prohibited in the Corkscrew Marsh Unit. During the spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) per quota hunt permit. The taking of turkey is prohibited during the archery season. There shall be no bag limit restrictions on wild hogs. The take of wild hog is prohibited during small game season.

3. Camping: Camping Primitive camping is allowed at designated sites by individuals with written authorization from the South Florida Water Management District or by individuals in possession of a valid quota hunt permit.

4. General regulations:

a. The use of trailers or recreational vehicles for camping is prohibited.

a.b. No change.

c. Unauthorized removal, cutting, or possession of live or dead trees or plants is prohibited.

b.d. Take of wildlife with dogs is prohibited except bird dogs or retrievers may be used during general gun and small game seasons. Dogs are prohibited, except that dogs not normally used for hunting and kept under restraint may be possessed. No person shall allow any dog to pursue or molest wildlife.

e. through f. renumbered c. through d. No change.

e.g. The use or possession of horses is prohibited, except by individuals with written authorization from the South Florida Water Management District restricted to designated equestrian trails.

f.h. Persons may enter and exit the area only at designated access points and hunters must check in and out at the designated check station and shall check all game taken.

i. through j. renumbered g. through h. No change.

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

l. through m. renumbered i. through j. No change.

k.n. Taking wildlife with centerfire or Centerfire and rimfire rifles is are prohibited.

(d) Florida Keys Monroe County.

1. Taking wildlife with Hunting or possession of firearms or guns is prohibited.

2. through 4. No change.

(e) John C. and Mariana Jones / Hungryland Palm Beach and Martin Counties.

1. Open season:

a. Archery September 6-9 8-11, 13-16 15-18, 20-23 22-25 and September 27-30 29 through October 2.

b. Muzzleloading gun October 11-13 13-15.

c. General gun October 25-27 27-29 and November 1-3 3-5 and 8-10 10-12.

d. Small game November 15 17 through December 14 2.

e. No change.

2. Legal to take: Deer, wild hog, quail, gray squirrel, rabbit, armadillo, raccoon, opossum, coyote, skunk, fish, frogs and migratory game birds as established by Rules 68A-13.003 and 68A-13.008, F.A.C., when migratory game bird season coincides with the archery, muzzleloading gun, general gun, or small game season. The bag limit for deer shall be one each per quota permit. No size or bag limits on wild hogs. The taking of antlerless deer is prohibited during the archery season. Taking of antlered deer not having at least one antler with three or more points, one inch or more in length, is prohibited.

3. Camping: Camping is permitted only at designated primitive sites. Only tents may be used for camping.

4. General regulations:

a. Unauthorized removal or cutting of live or dead trees or plants is prohibited.

a.b. No change.

b.c. Motorized vehicles Vehicles may be operated only on named or numbered roads and in designated parking areas, unless otherwise posted as closed. Vehicles are prohibited on the Old Jupiter-Indiantown Grade.

d. through g. renumbered c. through f. No change.

g.h. Taking wildlife with centerfire or Centerfire and rimfire rifles is are prohibited.

i. through i. renumbered h. through i. No change.

(5) Northeast Region. Split Oak Forest Mitigation ParkOrange and Osceola counties.

(a) Taking wildlife with guns Hunting or possession of firearms is prohibited.

(b) through (h) No change.

PROPOSED EFFECTIVE DATE: July 1, 2008.

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 7-1-83, Amended 11-30-83, 7-1-84, 8-21-85, Formerly 39-17.05, Amended 6-1-86, 8-13-87, 8-18-88, 8-17-89, 4-11-90, 7-1-91, 10-31-91, 4-14-92, 4-20-93, 7-1-94, 9-15-94, 3-30-95, 8-15-95, 7-1-96, 4-3-97, 10-28-97, 7-1-98, 8-11-98, 7-1-99, Formerly 39-17.005, Amended 7-1-00, 5-1-01, 6-2-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08.


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