Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-9.170: Hunting
PURPOSE AND EFFECT: The purpose of this amendment is to adopt minor revisions to the District’s land use rule regarding hunting on District lands. The amendments clarify the extent to which hunting is allowed on District lands that are not within a designated Type 1Wildlife Management Area and to allow the District to make hunting permits available on a first come/first serve basis in addition to its current process of issuing permits by lottery. The effect of the proposed amendments will be greater flexibility in the District’s issuance of hunting permits.
SUMMARY: The proposed revisions clarify that the extent to which hunting is allowed on District lands that are not within a designated Type 1 Wildlife Management Area will be determined by the conservation management goals and objectives contained within the specific management plan for the property. The revisions will also provide greater flexibility in the issuance of hunting permits for authorized hunts on District lands not within a Type 1 Wildlife Management Area. Currently the rule only allows for issuance per a lottery system. The proposed language will broaden the District’s options to allow issuance via lottery or on a first come/first serve basis.
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: 373.044, 373.113 FS.
LAW IMPLEMENTED: 373.1391, 373.59 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Martinez, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4660 (OGC #2010002)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-9.170 Hunting.

Hunting is allowed on District Lands designated by the District. Under cooperative agreements with the District, the Florida Fish and Wildlife Conservation Commission (Commission) regulates and manages recreational hunting on District Lands designated as Type I Wildlife Management Areas. The Commission requires any person engaging in recreational hunting to have a valid hunting license and a wildlife management area stamp in their possession, unless exempted by the Commission. On District Lands not designated as Type I Wildlife Management Areas, the District allows hunting by permit where hunting is part of the site-specific management plan developed or authorized by the District. The District shall issue permits for specifically authorized hunts on District Lands and shall limit the number of permits based upon the conservation management goals and objectives contained within the specific management plan for the property by lottery. Any person engaging in hunting on District Lands during such authorized these special hunts must have in their possession a valid hunting license and a District permit.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-20-04, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Eric Sutton, Director, Land Resources Department, Southwest Florida Water Management District
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 5, 2010