68A-24.002: Methods of Taking Fur-Bearing Animals; Possession; Open Season
PURPOSE AND EFFECT: The purpose of the proposed rule is to address the taking of fox or coyote by dog(s) within an enclosure. The proposed rule will define an “enclosure” and prohibit the taking of any fox and/or coyote by a dog or dogs within an enclosure.
SUMMARY: The proposed rule will define an “enclosure” as an area of land enclosed in such a manner as to prevent the natural ingress or egress of fox or coyote. The proposed rule prohibits the taking of any fox and/or coyote by a dog or dogs within an enclosure.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will _X__or will not ___have an impact on small business. A SERC has _X_ or has not ___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, September 1-3, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Hilton Pensacola Beach Gulf Front, 12 Via de Luna Drive, Pensacola Beach, Florida 32561
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: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
68A-24.002 Methods of Taking Fur-Bearing Animals; Possession; Open Season.
(1) Certain furbearers and those non-protected mammals as listed in subsection 68A-12.002(9), F.A.C., may be taken by guns, live traps and snares during specified open seasons. Live traps and snares shall be visited at intervals not exceeding 24 hours.
(2) Fur-bearing animals may be taken in accordance with the following:
(a) Raccoon, coyote, opossum, skunk, nutria, beaver and non-protected mammals may be taken throughout the year by the use of guns, dogs, live traps or snares, and may be possessed or transported alive only as authorized by Chapter 68A-6, F.A.C.
(b) Raccoon or opossum may be taken at night by the aid of a light and dogs, with .22 rimfire firearms other than .22 magnum, or with a single-shot .410 gauge shotgun using shot no larger than No. 6 provided that no such firearm shall be loaded at any time except immediately prior to the shooting of a treed or bayed raccoon or opossum. The hunting of raccoon or opossum under the provisions of this paragraph by display or use of a light from a moving vehicle, boat or animal is prohibited.
(c) Bobcat or otter may be taken only from December 1 through March 1 by live traps, guns, dogs or snares. Fox and bobcats may be chased by the use of free-running dogs throughout the year. The taking of any fox and/or coyote by a dog or dogs within an enclosure is prohibited. For the purposes of this subsection, in relation to using dogs for the taking of fox or coyote, an “enclosure” is defined as an area of land enclosed in such a manner as to prevent the natural ingress or egress of fox or coyote. No person shall kill or possess fox unless authorized by permit from the executive director.
(d) The taking or possession of mink, weasel, round-tailed muskrat or Key Vaca raccoon is prohibited.
(3) No person shall use, place, or maintain any set gun or steel trap for the purpose of taking or attempting to take wildlife.
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. History–New 8-1-79, Amended 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-5-84, 7-1-85, Formerly 39-24.02, Amended 10-8-87, 4-11-90, Formerly 39-24.002, Amended 5-13-02, 7-1-08,________.
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.