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 change is to revise regulations for the L. Kirk Edwards Wildlife and Environmental Area (WEA) in the Northwest Region. The effect of the proposed rule change will be to enable the agency to better manage fish and wildlife resources and public use on the WEA and to afford additional recreational opportunity to the public.
SUMMARY: The proposed rule change would revise area specific regulations on L. Kirk Edwards Wildlife and Environmental Area in the Northwest Region as follows: prohibit the use of center-fire rifles; allow taking wildlife with bird dogs and retrievers during the gray squirrel and migratory game bird seasons only; allow motorized vehicles on named or numbered roads only; require vehicles to enter and exit at designated entrances; allow public access year-round from 1.5 hours before sunrise until 1.5 hours after sunset only; and prohibit the use of swamp buggies, tracked vehicles and all-terrain vehicles. On that portion of the area west of Chaires Cross Road, allow statewide seasons for migratory game birds and gray squirrel; and prohibit the take of wild hog during the gray squirrel season. On that portion of the area east of Chaires Cross Road, establish three (3) three-day spring turkey hunts (quota of 3 per hunt, no exemptions); legal to take – gobblers or bearded turkeys only; and allow only one turkey per quota permit.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not __X__have an impact on small business. A SERC has ____ or has not _X__been prepared by the agency.
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 379.2223 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, September 9-11, 2009, 8:30 a.m. – 5:00 p.m. each day
PLACE: Mission Inn Resort & Club, 10400 County Road 48, Howey-in-the-Hills, FL 34737
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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) through (2) No change.

(3) Northwest Region.

(a) through (b) No change.

(c) L. Kirk Edwards – Leon County.

1. Open seasons for that portion of the area west of Chaires Cross Road: season:

a. Ggray squirrel – Dduring the open season for gray squirrel established in Rule 68A-13.004, F.A.C.

b.2. Migratory game birds – Migratory game birds may be taken during seasons established in Rules 68A-13.003 and 68A-13.008, F.A.C.

2. Open seasons for that portion of the area east of Chaires Cross Road: Spring turkey – During the first three days of the spring turkey season of the Central Zone, and the Friday, Saturday, and Sunday of the third and fifth weekends of the spring turkey season of the Central Zone.

3. Legal to take: Migratory game birds, gray squirrel, gobblers and bearded turkey only. The take of wild hog is prohibited. Gobbler and bearded turkey may be taken during the spring turkey season only and the bag limit shall be one per quota permit.

4. General regulations:

a. Vehicles may be operated only on named or numbered roads and shall enter and exit at designated entrances. Vehicle access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

b. Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited.

c. Taking wildlife with centerfire rifles is prohibited.

d. The use of swamp buggies, tracked vehicles, all-terrain vehicles or unlicensed and unregistered motorcycles is prohibited.

(4) through (5) No change.

PROPOSED EFFECTIVE DATE: As soon as possible following Commission action.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 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, 1-6-09, 7-1-09,_________.

 

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.


NAME OF PERSON ORIGINATING PROPOSED RULE: Diane Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 5, 2008