Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
Rule No. : RULE TITLE :
68A-15.064: Specific Regulations for Wildlife Management Areas - South Region
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.
SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region as follows:
Dinner Island Ranch – establish a 2-day youth turkey hunt (quota of 10, no exemptions) with a bag limit of one turkey per quota permit.
Fisheating Creek – establish a 2-day youth turkey hunt west of US 27 only(quota of 10, no exemptions) with a bag limit of one turkey per quota permit.
J.W. Corbett – establish a 2-day youth turkey hunt (no quota permit required), allow vehicle access for hunters to continue until 6 p.m. the day after the close of archery, muzzleloading, general gun and spring turkey seasons.
Spirit-of-the-Wild – establish a 2-day youth turkey hunt (quota of 10, no exemptions) with a bag limit of one turkey per quota permit.
Additionally the proposed rule amendment would provide non-substantive technical changes, such as grammatical corrections and language standardization. There are also proposed changes to some hunting seasons on FWC-managed areas in an effort to better align season dates with times of peak deer activity associated with the breeding season and other hunter preferences.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC 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.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 23-24, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 3rd Floor Courtroom, 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-15.064 Specific Regulations for Wildlife Management Areas – South Region.

(1) J. W. Corbett Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Youth Turkey Hunt – The last Saturday in February and continuing for 1 day thereafter.

4. through 8. renumbered 5. through 9. No change.

(b) through (c) No change.

(d) General regulations:

1. through 3. No change.

4. During open periods other than designated hunting seasons, vehicles may only be operated on named or numbered roads and Trail 6. From 8 a.m. one day before the opening of archery and spring turkey seasons season through 6 p.m. the day after the close of the archery and spring turkey seasons season and during spring turkey season, vehicles may be operated on named or numbered trails, but only by persons participating in the hunts, and on named or numbered roads. Vehicles may only be operated on named or numbered roads and Trail 6 at any time after 8 a.m. one day prior to muzzleloading gun, general gun and small game seasons through 6 p.m. the last day after each of each of these seasons, except these restrictions shall not apply to persons participating in the hunts.

5. through 18. No change.

(2) Holey Land Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 1-16 16-31.

2. General gun – Vehicle, October 22 through November 6 6-21 (tracked vehicles).

3. Archery – August 6-28 28 through September 19.

4. Muzzleloading gun – September 3-11 October 2-10.

5. Small game – November 7 22 through March 4 6.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 14. No change.

15. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken March 5 7 through April 15 17 and during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.

16. Guns are a prohibited method of take for Reptiles of Concern and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and from March 5 7 through April 15 17 when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.

17. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area areas alive.

18. No change.

19. From March 5 7 through April 15 17 shooting hours for Reptiles of Concern and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise and until 1/2 hour after sunset.

(e) No change.

(3) Everglades and Francis S. Taylor Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 1-16 16-31, Conservation Areas 3A North and 2 only.

2. General gun – Vehicle (airboats and tracked vehicles only), October 22 through November 6 6-21, in Conservation Areas 3A North, 3A South, 2, and the Francis S. Taylor Wildlife Management Area.

3. Archery – August 6-28 28 through September 19, Conservation Area 3A North only.

4. Muzzleloading gun – September 3-11 October 2-10, in Conservation Area 3A North only.

5. Small game – November 7 22 through March 4 6.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 21. No change.

22. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken March 5 7 through April 15 17 and during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.

23. Guns are a prohibited method of take for Reptiles of Concern and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and from March 5 7 through April 15 17 when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.

24. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area areas alive.

25. No change.

26. From March 5 7 through April 15 17 shooting hours for Reptiles of Concern and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise until 1/2 hour after sunset.

(e) No change.

(4) Rotenberger Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 1-16 16-31.

2. General gun – Vehicle (tracked vehicles only), October 22 through November 6 6-21 (tracked vehicles).

3. Archery – August 6-28 28 through September 19.

4. Muzzleloading gun – September 3-11 October 2-10.

5. Small game – November 7 22 through March 4 6.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 14. No change.

15. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken March 5 7 through April 15 17 and during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.

16. Guns are a prohibited method of take for Reptiles of Concern, and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and from March 5 7 through April 15 17 when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.

17. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area areas alive.

18. No change.

19. From March 5 7 through April 15 17 shooting hours for Reptiles of Concern and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise until 1/2 hours after sunset.

(e) No change.

(5) Big Cypress Wildlife Management Area.

(a) Open season:

1. through 2. No change.

3. Archery – September 3 4 through October 2 3 in all units and twelve days prior to Thanksgiving day through January 1, except during those years when January 1 falls on a Thursday, Friday or Saturday, in which case the season would close on the following Sunday in the Deep Lake Unit only.

4. Muzzleloading gun – October 8-23 9-24, except in the Deep Lake Unit.

5. Spring turkey – March 3 5 through April 8 10.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 17. No change.

18. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area areas alive.

19. No change.

(6) Okaloacoochee Slough Wildlife Management Area.

(a) Open season:

1. Archery – August 6-12 September 11-17 and 13-21 18-26.

2. Muzzleloading gun – September 10-12 October 16-18.

3. Family Hunt – September 17-18 October 23-24.

4. General gun – September 24-27 October 30 through November 2 and September 28 through October 2 November 3-7.

5. Small game – November 19 27 through December 11 19.

6. Spring turkey – March 3-6 5-8 and 7-11 9-13.

7. through 8. No change.

(b) through (c) No change.

(d) General regulations:

1. through 7. No change.

8. The use of centerfire rifles for taking wild turkey during the spring turkey season is prohibited.

(7) Fisheating Creek Wildlife Management Area.

(a) Open season:

1. Archery – August 19-21 September 17-19 and 26-28 24-26 west of US Highway 27 only.

2. Muzzleloading gun – September 9-11 October 15-17 and 16-18 22-24 west of US Highway 27 only.

3. General gun – September 30 through October 2 November 5-7 and October 14-16 26-28 west of US Highway 27 only.

4. Youth Turkey Hunt – February 25-26 west of US Highway 27 only.

5.4. Spring turkey – March 3-6 5-8, 9-12 11-14, 16-19 18-21 and 23-26 25-28 and March 30 through April 2 1-4 west of US Highway 27 only.

6.5. Special-opportunity spring turkey – March 3-9 5-11 and 17-23 19-25 east of US Highway 27 only.

7.6. General gun hog – November 19-20 December 11-12 west of US Highway 27 only.

7. through 8. renumbered 8. through 9. No change.

(b) through (d) No change.

(8) Picayune Strand Wildlife Management Area.

(a) Open season:

1. Archery – August 6-21 September 11-26.

2. Muzzleloading gun – September 3-5 October 16-18.

3. General gun – October 8-11 30 through November 2 and 12-16 November 3-7.

4. Small game – November 12 13 through December 25 26.

5. Spring turkey – March 3-6 5-8 and 7-11 9-13.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 6. No change.

7. The use of centerfire rifles for taking wild turkey during the spring turkey season is prohibited.

(9) Dinner Island Ranch Wildlife Management Area.

(a) Open season:

1. Archery – August 5-8, 12-15, 19-22 and 26-29 September 11-14, 18-21, 25-28 and October 2-5.

2. Muzzleloading gun – September 9-11 October 16-18.

3. General gun – September 17-19, 23-25, and September 30 through October 2 30 through November 1 and November 6-8, 13-15.

4. Small game – November 12 16 through December 2 3, December 5-9, 6-10 and December 12 13 through February 24 and February 27-29 28.

5. Family hunt – December 3-4 4-5 and 10-11 11-12.

6. Youth Turkey Hunt – February 25-26.

7.6. Spring turkey – March 3-5 5-7, 10-12 12-14 and March 31 through April 2 2-4.

7. through 9. renumbered 8. through 10. No change.

(b) through (d) No change.

(10) Spirit-of-the-Wild Wildlife Management Area.

(a) Open season:

1. Archery – August 5-8, 12-15, 19-22 and 26-29 September 11-14, 18-21, 25-28 and October 2-5.

2. Muzzleloading gun – September 9-11 October 16-18.

3. General gun – September 17-19, 23-25, and September 30 through October 2 30 through November 1 and November 6-8, 13-15.

4. Small game – November 12 16 through February 24 and February 27-29 28.

5. Youth Turkey Hunt – February 25-26.

6.5. Spring turkey – March 3-5 5-7, 10-12 12-14 and 17-19 19-21.

6. through 8. renumbered 7. through 9. No change.

(b) through (d) No change.

(11) Allapattah Flats Wildlife Management Area.

(a) Open season:

1. Archery – September 10-13 11-14, 17-20 18-21, 24-27 25-28 and October 1-4 2-5.

2. Muzzleloading gun – October 15-17 16-18.

3. Family hunt – October 29 30 through November 1 2.

4. General gun –November 5-9 6-10.

5. Small game – November 19 20 through the second Sunday in January.

6. Spring turkey – March 3-6 5-8 and 7-11 9-13.

7. through 8. No change.

(b) through (d) No change.

PROPOSED EFFECTIVE DATE: July 1, 2011.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 7-27-83, 9-27-83, 7-5-84, 7-1-85, 5-7-86, 8-5-86, 5-10-87, 8-24-87, 5-1-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-1-92, 7-1-93, 7-1-94, 7-1-95, 8-15-95, 7-1-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 7-1-98, 7-2-98, 7-1-99, Formerly 39-15.064, Amended 11-17-99, 7-1-00, 7-1-01, 6-2-02, 2-27-03, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 1-19-10, 7-1-10, 8-26-10, 7-1-11.

 

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 1, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 1010