68A-15.005: Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits
PURPOSE AND EFFECT: The purpose of the proposed rule change is to revise and clarify the methods for issuance and use of quota permits, antlerless deer permits and special-opportunity permits. The effect will be to enable the agency to more fairly distribute hunting opportunities and better manage hunting and public use on lands owned, leased or managed by the Commission.
SUMMARY: The proposed rule change would revise or clarify the rule as follows: Provide that the number of quota and special-opportunity permits shall be established by order of the Executive Director, after approval of the Commission; change all quota hunt permits from transferable to nontransferable; establish a guest permit for archery, muzzleloading gun, general gun, wild hog, mobility-impaired and spring turkey hunt types; allow one guest permit per quota hunt permit; allow an individual to be the guest of only one quota permit holder per hunt; require the guest and host hunters to enter and exit the area together, share the same vehicle and share the bag limit; provide that the guest may only hunt when the host is present on the area; provide that the guest may bring no additional hunters; provide that the quota permit holder may bring only one additional hunter (one guest, one youth, one mentor supervisor or one mentor license holder); require the guest to hunt in the same zone as the host (on those areas with zone tags); and provide that these changes would not apply to the Blackwater WMA dog hunts or Holton Creek WMA; expand quota hunt types from archery/muzzleloading gun and general gun to archery, muzzleloading gun, general gun and wild hog; allow up to 5 permits per hunt type (only one of which may be issued during the Phase I or Phase II drawings for each hunt type) and one permit per hunt number; allow preference points to accumulate for each year an applicant is not selected during Phase I; base the issuance of group permits on the group member with the lowest number of preference points; allow all quota permits to be returned postmarked prior to the hunt; allow returned permits drawn by preference to have preference points restored and an additional point awarded and those returned permits drawn during Phase I to have a preference point awarded; provide that returned quota permits be re-issued; and eliminate preference points if an applicant fails to apply for 2 consecutive years; change quotas or bag limits on the following areas: Croom – muzzleloading gun and general gun from 400 to 300; Hickory Hammock – general gun hog from 10 to 5; KICCO – spring turkey from 15 to 10; Upper Hillsborough River – archery and muzzleloading gun from 150 to 75; Andrews – archery from 60 to 45, muzzleloading gun, and general gun from 40 to 30 and spring turkey from 30 to 25; Twin Rivers increase the number of permits issued for archery, muzzleloading gun and general gun seasons from 30 to 45 per hunt and eliminate the 30 first-come first-served permits issued at the check station; increase the number of quota permits for spring turkey from 12 to 20 and eliminate the 12 first-come first-served permits issued at the check station; Joe Budd – archery and archery/muzzleloading gun from 50 to 35; Dexter/Mary Farms – archery, muzzleloading gun and general gun from 40 to 30.
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 4-5, 2009, 8:30 a.m. – 5:00 p.m., each day
PLACE: Sandestin Golf and Beach Resort, 9300 Emerald Coast Parkway West, Destin, Florida 32500
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: Diane Eggeman, 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-15.005 Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits.
(1) At times specified in subsection (1)(a), a quota permit or special-opportunity permit, in addition to other required licenses and permits and stamp requirements, shall be required for any person while hunting on land owned, leased or managed by the Commission. wildlife management areas, wildlife and environmental areas, and fish management areas or specified units thereof, identified in this rule. Those persons exempt from license requirements by Section 379.354(1), F.S., or stamp requirements by Section 379.354(4), F.S., or persons age 65 or over who have obtained a Florida lifetime hunting or lifetime sportsman’s license are also exempt from quota permit requirements on all areas except those specified by “(no exemptions)” in this rule. On those areas specified by “(no exemptions),” one person younger than 16 years of age may accompany a person older than 18 years of age who holds a valid quota permit and participate in the hunt provided that both hunters must share a single bag limit of game. On those areas specified by “(no exemptions),” one person, acting as a supervisor required by Section 379.3581, F.S., may accompany a Mentor License holder who holds a valid quota permit and participate in the hunt provided that both hunters must share a single daily bag limit of game. On those areas where a quota permit is required to access the area, one youth hunter or mentor license holder may accompany the quota permit holder and participate in the hunt provided that both hunters must share a single bag limit of game. On those areas where a quota permit is required to access the area, one assistant may accompany a mobility-impaired hunter and participate in the hunt, provided the assistant may not take wildlife with a gun; an area specific rule may provide for additional supervisors or assistants unless otherwise provided by area specific regulation. Quota, antlerless deer and special-opportunity permits shall be in the hunter’s possession and shall be displayed upon request by any Commission employee. Quota, antlerless deer, and special-opportunity permits shall be transferable, except that special-opportunity permits issued to exempt persons shall be transferable only to another exempt person. Quota and antlerless deer permits issued to an underage applicant may only be transferred to another underage hunter. Quota hunt and antlerless deer permits issued to a disabled applicant may only be transferred to another disabled hunter. Quota hunt and antlerless deer permits issued to a senior citizen may only be transferred to another senior citizen or underage hunter.
(a)(2) The maximum number of quota and special-opportunity permits shall be established by order of the Executive Director, after approval of the Commission. Estimated game density, estimated carrying capacity of available habitat and management objectives will be considered in determining the number of quota permits to be issued. to be issued for each wildlife management area or wildlife and environmental area, shall be maintained on a list titled “Quota and special-opportunity permits,” dated May 1, 2008, incorporated herein by reference and kept by the Commission at its headquarters office and regional offices.
(b) Permits shall be in the hunter’s possession and shall be displayed upon request by any Commission employee.
(c) A positive form of identification is required when using a nontransferable permit, except for youth less than 16 years of age.
(3) Antlerless deer permits will be issued on specified wildlife management areas or wildlife and environmental areas during such hunting seasons or portions thereof as may be ordered by the Executive Director. Estimated deer density, estimated carrying capacity of available habitat and management objectives will be considered in determining the number of antlerless deer permits to be issued. Antlerless deer permits shall be transferable. No person shall take any antlerless deer on a management area unless authorized by permit or by area regulations.
(d)(4) No person shall sell, purchase or offer to purchase any quota permit, guest permit or any antlerless deer permit.
(5) Family Hunts: During a family hunt, one or two persons per quota permit, under 16 years of age but not younger than 8 years of age, may hunt as provided in Section 790.22, F.S. under the supervision and in the presence of one adult not younger than 18 years of age. The adult may only hunt when in the presence of at least one person under 16 years of age but not younger than 8 years of age.
(2) Quota Permits – Quota permits shall be issued for the following hunt types as described below and as designated by order of the Executive Director. A quota permit holder may take the bag limit of wildlife during the hunt designated on the quota permit as established by Commission rule.
(a) Quota Hunt Types
1. General Gun
2. Archery
3. Muzzleloading Gun
4. Wild Hog
5. Youth
6. Family
7. Spring Turkey
8. Track
9. Airboat
10. Mobility-impaired
(b) Quota Permit Exemptions.
1. Those persons exempt from license or permit requirements by Section 379.353 (1) and (2)(a), (c) or (o), F.S., are also exempt from obtaining a quota permit for all hunts except those designated as “no exemptions” in the Executive Order as specified in subsection (1).
2. When a youth under 16 years of age participates in a hunt that allows exempt hunters to hunt without a permit, the supervisor, required by Section 790.22, F.S., may be a non-hunting supervisor without a quota permit.
3. One person 18 years of age or older acting as a non-hunting supervisor, who does not have a quota permit may accompany a youth under 16 who holds a valid quota permit.
4. On those hunts specified as “no exemptions,” one youth under 16 years of age who does not have a quota permit may accompany a person 18 years of age or older who holds a valid quota permit and participate in the hunt but must share the bag limit of a single person with the accomapnying hunter.
5. One person 21 years of age or older acting as a supervisor as required by Section 379.3581(2)(b), F.S., who does not have a quota permit may accompany a mentor license holder who holds a valid quota permit and may take wildlife but must share the bag limit of a single person with the accomapnying hunter.
6. One mentor license holder who does not have a quota permit may accompany a quota permit holder 21 years of age or older and may participate in the hunt but must share the bag limit of a single person with the accomapnying hunter.
7. On all mobility-impaired hunts, one non-hunting unlicensed assistant may accompany a mobility-impaired hunter with a valid quota permit and participate in the hunt, provided the assistant may not take wildlife with a gun, unless otherwise provided by area specific regulation. The non-hunting assistant is in addition to one guest permit holder as specified in Rule 68A-15.005, F.A.C.
8. On those hunts specified as family hunts, one or two youth per quota permit, under 16 years of age but not younger than 8 years of age, may hunt as provided in Section 790.22, F.S. under the supervision and in the presence of one adult not younger than 18 years of age. The adult may only hunt when in the presence of at least one youth under 16 years of age but not younger than 8 years of age. Each hunter may take a daily bag limit, unless otherwise provided by area-specific regulation, but no additional hunters are allowed.
(c) Quota Permit Transferability.
1. Quota permits shall be nontransferable, except that permits issued for Holton Creek WMA and the general gun permits issued for Blackwater Dog Hunt Area may be transferred, subject to the following restrictions:
a. Transferable quota permits issued to a disabled hunter may only be transferred to another disabled hunter.
b. Transferable quota permits issued to a youth under 16 years of age may only be transferred to another youth under 16 years of age.
c. Transferable quota permits issued to a person 65 years of age or older may only be transferred to another person 65 years of age or older or to a youth under 16 years of age.
2. Quota permits issued to track vehicles and airboats are nontransferable and only valid for the vehicle or vessel designated on the permit except as provided by specific area regulations.
(d) Guest Permits.
1. Guest permits may be issued for nontransferable archery, muzzloading gun, general gun, wild hog, mobility-impaired or spring turkey quota hunts. Only one guest permit may be issued for each quota permit.
2. Guest permits shall be nontransferable.
3. A guest permit holder must enter and exit the area with the quota permit holder, share the same vehicle, and cannot hunt on the area unless the quota permit holder is present on the area.
4. On areas where zone tags are required, the guest must hunt in the same zone as the quota permit holder.
5. The guest permit holder may not bring additional hunters on the area.
6. An individual may not apply for more than one guest permit per hunt number.
7. Daily permits issued at a check station shall not be eligible for a guest permit.
8. Quota permit holders may only bring one additional person on the hunt, either one youth under 16 years of age, one mentor license holder, one mentor license supervisor or one guest permit holder, except mobility-impaired hunters may bring one non-hunting assistant or as provided by area specific regulation.
9. Youth under 16 years of age, mentor license holders or their supervisors and mobility-impaired non-hunting assistants are not required to obtain a guest permit.
10. The guest permit holder and quota permit holder must share the bag limit of a single person, as specified under area specific rules. The quota permit holder shall be responsible for both parties complying with the bag limit.
11. All applicants, unless exempt from license or permit requirements by Section 379.353(1) and (2)(a), (c), or (o), F.S., must have a valid Management Area Permit, or a license or permit that includes a Management Area Permit, in order to apply for a guest permit.
(e) Application, Selection, and Issuance of Quota Permits.
1. Applicant Requirements.
a. All applicants, unless exempt from license or permit requirements by Section 379.353 (1) and (2)(a), (c), or (o), F.S., must have a valid Management Area Permit, or a license or permit that includes a Management Area Permit, in order to apply for a quota permit.
b. Applicants for Track and Airboat Quota permits must also provide proof of a current track vehicle registration or airboat vessel registration.
c. Applicants for the Youth Quota Hunts must be at least eight years old by the first day of the earliest hunt date and less than 16 years old on the last day of the latest hunt date that they apply for.
d. Applicants for the Mobility-impaired Quota Hunts must be certified mobility-impaired as established by Rule 68A-9.008, F.A.C. and must have their Mobility-impaired Certification Card in their possession when hunting.
e. Applicants for the Family Quota Hunts must be at least eighteen years old by the first day of the earliest hunt date for which they apply.
2. Phase I – Application; Selection; Issuance.
a. Selection Process – Quota permits for each hunt type shall be selected by random drawing from the applications submitted during the Phase I application period based on the highest number of accumulated preference points.
b. All applicants not issued a quota permit in Phase I, shall receive one preference point annually for that specific quota hunt type. Preference points shall accumulate by quota hunt type.
c. The ranking of a group application shall be based on the member of the group with the lowest number of preference points.
d. Applicants with preference points that were awarded a nontransferable quota permit and are unable to use the permit, may return the permit to the Commission’s Office of Licensing and Permitting for re-issuance and to have preference points re-instated. In order to have the original preference points re-instated and a preference point awarded for the current year, the returned permit must be postmarked prior to the first hunt date listed on the permit.
e. Applicants with no preference points that were awarded a nontransferable quota permit and are unable to use the permit, may return the permit to the Commission’s Office of Licensing and Permitting for re-issuance. In order to have a preference point awarded for the current year, the returned permit must be postmarked prior to the first hunt date listed on the permit.
f. Applicants who fail to apply during the Phase I application period for two consecutive years will forfeit all preference points for that quota hunt type.
g. Only one application may be submitted per applicant for each quota hunt type during Phase I, except that airboat and track applicants may submit an application for each track or airboat registered to the applicant.
h. Only one quota permit may be issued per applicant during Phase I for each quota hunt type.
i. An applicant that receives a track quota permit during Phase I is not eligible to receive an airboat quota permit during Phase I.
3. Phase II – Application; Selection; Issuance.
a. Selection Process – Quota permits remaining un-issued after the Phase I random drawing will be issued by random drawing during Phase II.
b. An applicant that is issued a quota permit in Phase I cannot apply for the same quota hunt type in Phase II, except mobility-impaired.
c. Only one application per applicant may be submitted and only one quota permit per applicant may be issued for each quota hunt type during Phase II.
d. An applicant that is issued a track quota permit in Phase I or II is not eligible to receive an airboat quota permit during Phase II.
e. An applicant that is issued a nontransferable quota permit in Phase II and is unable to use the permit, may return the permit to the Commission’s Office of Licensing and Permitting for re-issuance.
4. Phase III – Application; Selection; Issuance.
a. Quota permits, remaining un-issued after Phase II will be issued on a first-come, first-served basis during Phase III.
b. No applicant shall be eligible to receive more than one quota permit per hunt number, including permits that were issued during Phase I and II.
c. Applicants shall be limited to five (5) quota permits per quota hunt type, including permits issued in Phase I and Phase II.
d. Applicants that are issued a nontransferable quota permit in Phase III and are unable to use the permit, may return the permit to the Commission’s Office of Licensing and Permitting for re-issuance.
5. Re-issuance of Quota permits – quota permits returned to the Commission may be re-issued on a first-come, first-serve basis.
(3) Special-Opportunity Permits: Special-opportunity permits shall be issued for the following hunt types as described below and as designated by order of the Executive Director. A special-opportunity permit holder may participate in the designated hunt and take the bag limit of wildlife as established by Commission rule.
(a) Special-Opportunity Hunt Types.
1. Fall
2. Hog
3. Spring Turkey
4. Quail
5. Dove Club
6. Daily Dove
(b) Exemptions.
1. No person is exempt from paying the non-refundable, special-opportunity application fees.
2. Persons with a lifetime hunting or lifetime sportsmen’s license issued prior to July 1, 1998 are exempt from paying the special-opportunity permit fees.
(c) Transferability.
Special-opportunity permits shall be transferable, except that dove club permits are nontransferable. Special-opportunity permits issued to persons exempt from paying the special opportunity permit fees, as specified in subparagraph (3)(b)2., shall be transferable only to another person that is exempt from paying special-opportunity permit fees.
(d) Application for, selection of, and issuance of special-opportunity Permits.
1. Special-Opportunity permits for fall hunts, hog hunts, quail hunts and spring turkey hunts shall be issued by a random drawing from applications submitted during the application period.
2. Special-Opportunity permit fees for applicants chosen in the random drawing must be paid by the deadline indicated on the invoice. Selected applicants who fail to pay the fees by the deadline forfeit their permit to the next applicant selected for that specific hunt.
3. Applicants may submit more than one application for each special-opportunity hunt.
4. Permits will be limited to one special-opportunity permit per person, per hunt.
5. No more than ten percent of the Special-Opportunity permits for each specific hunt shall be issued to non-residents provided that at least one permit may be available to non-residents in the event that the ten percent calculation results in a number less than one.
6. Special-opportunity Dove Club and Daily Dove permits shall be issued on a first-come, first-served basis.
(4) Antlerless deer permits.
(a) Antlerless deer permits may be issued for specified hunts by order of the Executive Director. Estimated deer density, estimated carrying capacity of available habitat and management objectives will be considered in determining the number of antlerless deer permits to be issued.
(b) An antlerless deer permit allows the harvest of one (1) antlerless deer in accordance with the rules and regulations of the Commission.
(c) Antlerless deer permits are only valid for the dates and hunt specified on the permit.
(d) Antlerless deer permits shall be transferable.
(e) Application, selection, and issuance of antlerless deer permits.
1. Antlerless deer permits for quota hunts will be issued by random drawing from applications submitted during the Phase I application period from those applicants that indicated they wanted to be included in the antlerless deer drawing and were, unless exempt, awarded a quota permit for a hunt approved for antlerless deer permits.
2. Antlerless deer permits for special-opportunity and recreational use areas will be issued by random drawing from applicants who purchased a special-opportunity permit or recreational use permit for a hunt approved for antlerless deer permits.
(5) Replacement Permits.
(a) A replacement permit may be issued to the holder of a nontransferable permit following loss, destruction or non-receipt of mail.
(b) A replacement permit may be issued to the holder of a transferable permit following loss, destruction or non-receipt of mail upon submission of a written statement to the Office of Licensing and Permitting, attesting to the circumstances leading to the loss or destruction of the original permit. No person shall be eligible for more than one replacement transferable permit per season, per hunt type.
(c) Antlerless deer permits may not be replaced.
PROPOSED EFFECTIVE DATE: May 1, 2009.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-22-80, 12-29-80, 6-4-81, 8-4-81, 6-21-82, 7-29-82, 7-1-83, 7-5-84, 7-1-85, 9-19-85, Formerly 39-15.05, Amended 5-7-86, 6-10-86, 5-10-87, 6-8-87, 10-8-87, 4-13-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 3-30-95, 6-20-95, 8-15-95, 4-1-96, 6-27-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 11-23-97, 7-1-98, 7-2-98, 8-11-98, 12-28-98, 5-13-99, Formerly 39-15.005, Amended 12-9-99, 4-30-00, 7-1-01, 8-1-01, 11-1-01, 5-13-02, 10-16-02, 5-1-03, 7-1-03, 9-29-03, 7-1-04, 7-2-04, 8-1-04, 5-1-05, 5-1-06, 6-1-06, 5-1-07, 7-1-08, 5-1-09.
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 F.A.W.