Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-15.005: Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits
PURPOSE AND EFFECT: The purpose of the proposed rule change is to clarify that a supervisor of a youth hunter with a quota permit may take wildlife without a quota permit or guest permit of his or her own. The effect of the proposed rule change will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.
SUMMARY: The proposed rule change would modify the rule as follows:
Clarify that a supervisor of a youth hunter, when the youth has a quota permit, may take wildlife without possessing a guest permit, but must share the bag with the youth.
Additional proposed rule changes would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule.
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.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 17-18, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320
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 R. 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) No change.

(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. through 10. No change.

11. Quail.

(b) Quota Permit Exemptions.

1. through 2. No change.

3. One person 18 years of age or older acting as a non-hunting supervisor, as required by Section 790.22, F.S., who does not have a quota permit, may accompany a youth under 16 who holds a valid quota permit, and may take wildlife but must share the bag limit of a single person with the accompanying hunter.

4. through 8. No change.

(c) No change.

(d) Guest Permits.

1. Guest permits may be issued for nontransferable archery, muzzleloading 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. No change.

3. All guests 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. No change.

5. The guests permit holder may not bring additional hunters on the area.

6. No change.

7. Persons who obtain a daily permit at a check station shall not be allowed to take additional guests. 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 as a guest hunter: on the hunt, either one youth under 16 years of age, one youth supervisor, 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, a youth supervisor, mentor license holders, supervisors for mentor license holders or their supervisors and mobility-impaired non-hunting assistants are not required to obtain a guest permit.

10. The guests 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. No change.

(e) No change.

(3) through (6) No change.

PROPOSED EFFECTIVE DATE: June 1, 2010.

Rulemaking 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, 6-1-10.

 

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 R. 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: December 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009