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 ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:
68A-15.064Specific 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 WMA – allow the take of wild hog during the entire small game season; start the small game season one week earlier and end the Sunday prior to the youth turkey hunt; and move the two hog-only family hunts from the first two weekends in December to the second and third weekends in October.
Everglades and Francis S. Taylor WMA – allow bird dogs to be used for hunting snipe during snipe season; prohibit tree stands, deer stands and elevated shooting platforms except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the Sunday following the end of general gun-vehicle season; and prohibit the use of all-terrain vehicles except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the day prior to the opening of general gun-vehicle season when all-terrain vehicles may be used for scouting and hunting.
Fisheating Creek WMA – allow the use of golf carts in the Palmdale campground; change the bag limit for deer from one per quota permit to one per person, two per quota permit; and change the bag limit for turkey during spring turkey quota hunts from one gobbler or bearded turkey per quota permit to one per person, two per quota permit.
Holey Land WMA – prohibit the harvest of deer not having at least one antler with 2 or more points (each point 1-inch or more in length) and at least one antler 5 inches or more in length; allow bird dogs to be used for hunting snipe during snipe season; prohibit tree stands, deer stands and elevated shooting platforms except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the Sunday following the end of general gun-vehicle season; and prohibit the use of all-terrain vehicles except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the day prior to the opening of general gun-vehicle season when all-terrain vehicles may be used for scouting and hunting.
J.W. Corbett WMA – allow the harvest of antlerless deer only during the last 9 days of archery season; and prohibit the harvest of antlered deer not having at least one antler with 2 or more points (each point 1-inch or more in length) and at least one antler 5 inches or more in length.
Picayune Strand WMA – extend the small game season by 7 days and change the bag limit for deer from one antlered deer per quota permit to one per person, two per quota permit.
Rotenberger WMA - prohibit the harvest of deer not having at least one antler with 2 or more points (each point 1-inch or more in length) and at least one antler 5 inches or more in length; prohibit tree stands, deer stands and elevated shooting platforms except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the Sunday following the end of general gun-vehicle season; and prohibit the use of all-terrain vehicles except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the day prior to the opening of general gun-vehicle season when all-terrain vehicles may be used for scouting and hunting.
Spirit-of-the-Wild WMA – allow the take of wild hog during the entire small game season; start the small game season one week earlier and end the Sunday prior to the youth turkey hunt; change the bag limit for deer from one antler deer per quota permit to one per person, two per permit; and change the bag limit for turkey from one gobbler or bearded turkey per quota permit to one per person, two per quota permit.
Additionally, the proposed rule amendment 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 AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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; 379.2223, 375.313 FS.
A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:
DATES AND TIME: During the Commission’s regular meeting February 13-14, 2013, 8:30 a.m. - 5:00 p.m., each day
PLACE: SeaWorld Park, 7007 SeaWorld Drive, Orlando, FL 32821
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 [phone]. 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) No change.

(b) Legal to take: All legal game, fish, furbearers and frogs. Deer daily bag one, annual bag two; wild hog daily bag one, annual bag two. The take of wild hog with a shoulder height of less than 20 inches is prohibited. The take of wild hog is prohibited during small game season. Turkeys may not be taken during the archery season. The take of antlerless deer is prohibited except during the last 9 days of archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited.

(c) through (d) No change.

(2) Holey Land Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 5 September 29 through October 20 14.

2. General gun – Vehicle, October 26 20 through November 10 4 (tracked vehicles).

3. Archery – August 10 through September 1 4-26.

4. Muzzleloading gun – September 7-15 1-9.

5. Small game – November 11 5 through March 2 3.

6. through 7. No change.

(b) Legal to take: All legal game (except wild turkey), fish, frogs and furbearers. Take of antlerless deer is prohibited during the archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The bag limit for wild hog shall be one per day; annual bag two. The take of wild hog with a shoulder height of less than 15 inches is prohibited. The take of wild hog is prohibited during small game season. During the general gun-vehicle season, a bag limit of one wild hog per day per vehicle shall apply. The bag limit for antlered deer shall be one during archery season, one during muzzleloading gun season, one during general gun-walk season and one per tag during the general gun-vehicle season.

(c) No chang.

(d) General regulations:

1. The use of all-terrain vehicles is prohibited, except for the purposes of hunting and scouting from 6 a.m. two weeks prior to archery season until 6 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun and general gun-walk seasons, all-terrain vehicles are allowed but only for the purpose of hunting; all other vehicles may only be operated are prohibited, except on levees, except all-terrain vehicles may be operated off-road. All-terrain vehicle access for scouting shall be allowed two weeks prior to the archery season and one week prior to the muzzleloading gun and general gun-walk seasons. During the remainder of the year, all-terrain vehicles are prohibited. Airboats are prohibited during the archery, muzzleloading, general gun-walk and general gun-vehicle seasons except airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C. While an all-terrain vehicle is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle may be equipped with a steering mechanism that would enable the all-terrain vehicle to be operated from a platform or structure attached thereto.

2. through 5. No change.

6. Hunting with dogs is allowed only during the general gun-vehicle season, except that bird dogs and retrievers may be used during snipe and waterfowl seasons season.

7. through 19. No change.

20. Tree stands, deer stands and elevated shooting platforms are prohibited except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the Sunday following the end of general gun-vehicle season.

(e) No change.

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

(a) Open season:

1. General gun – Walk, October 5-20 September 29 through October 14, Conservation Areas 3A North and 2 only.

2. General gun – Vehicle (airboats and tracked vehicles only), October 26 20 through November 10 4, in Conservation Areas 3A North, 3A South, 2, and the Francis S. Taylor Wildlife Management Area.

3. Archery – August 10 through September 1 4-26, Conservation Area 3A North only.

4. Muzzleloading gun – September 7-15 1-9, in Conservation Area 3A North only.

5. Small game – November 11 5 through March 2 3.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 2. No change.

3. The use of all-terrain vehicles is prohibited, except for the purposes of hunting and scouting from 6 a.m. two weeks prior to archery season until 6 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun and general gun-walk seasons, all-terrain vehicles are allowed but only for the purpose of hunting. All other vehicles may only be operated are prohibited, except vehicles are allowed on levees, except all-terrain vehicles may be operated off-road. All-terrain vehicle access for scouting shall be allowed two weeks prior to the archery season and one week prior to the muzzleloading gun and general gun-walk seasons. During the remainder of the year, all-terrain vehicles are prohibited. While an all-terrain vehicle is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle may be equipped with a steering mechanism that would enable the all-terrain vehicle to be operated from a platform or structure attached thereto.

4. through 11. No change.

12. Hunting with dogs is allowed only during the general gun-vehicle season except that bird dogs and retrievers may be used during waterfowl and snipe seasons season.

13. through 25. No change.

26. The day after small samll game season ends through the second Sunday in April shooting hours for and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise until 1/2 hour after sunset.

27. Tree stands, deer stands and elevated shooting platforms are prohibited except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. the Sunday following the end of general gun-vehicle season.

(e) No change.

(4) Rotenberger Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 5-20 September 29 through October 14.

2. General gun – Vehicle (tracked vehicles only), October 26 20 through November 10 4 (tracked vehicles).

3. Archery – August 10 through September 1 4-26.

4. Muzzleloading gun – September 7-15 1-9.

5. Small game – November 11 5 through March 2 3.

6. through 7. No change.

(b) Legal to take: All legal game (except turkeys), furbearers, fish and frogs. Take of antlerless deer is prohibited during archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. Wild hog daily bag limit one; two annually. During the general gun-vehicle season, a bag limit of one wild hog per day per vehicle shall apply. The take of wild hog with a shoulder height of less than 15 inches is prohibited. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one per season during archery, muzzleloading gun and general gun-walk seasons and one per tag during the general gun-vehicle season.

(c) No change.

(d) General regulations:

1. through 5. No change.

6. The use of all-terrain vehicles is prohibited, except for the purposes of hunting and scouting from 6 a.m. two weeks prior to archery season until 6 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun and general gun-walk seasons, all-terrain vehicles are allowed but only for the purpose of hunting. All other vehicles may only be operated are prohibited except on levees, except all-terrain vehicles may be operated off-road. During the archery, muzzleloading gun and general gun-walk seasons, airboats are prohibited except airboats may be used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C. All-terrain vehicle access for scouting shall be allowed two weeks prior to the archery season and one week prior to the muzzleloading gun and general gun-walk seasons. During the remainder of the year, all-terrain vehicles are prohibited. While an all-terrain vehicle is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle may be equipped with a steering mechanism that would enable the all-terrain vehicle to be operated from a platform or structure attached thereto.

7. through 19. No change.

20. Tree stands, deer stands and elevated shooting platforms are prohibited except from 6 a.m. two weeks prior to the opening of archery season until 6 p.m. one day after the end of general gun-vehicle season.

(e) No change.

(5) Big Cypress Wildlife Management Area.

(a) Open season:

1. through 2. No change.

3. Archery – September 7 through October 6 1-30 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 12-27 6-21, except in the Deep Lake Unit.

5. Spring turkey – March 1 2 through April 6 7.

6. through 7. No change.

(b) through (d) No change.

(6) Okaloacoochee Slough Wildlife Management Area.

(a) Open season:

1. Archery – August 10-16 4-10 and 17-25 11-19.

2. Muzzleloading gun – September 7-9 1-3 and 14-16 8-10.

3. Family Hunt – September 21-22 15-16.

4. General gun – September 28 through October 1 22-25 and October 2-6 September 26-30.

5. Small game – November 16 17 through December 29 30.

6. Spring turkey – March 1-4 2-5, 5-9 6-10 and 10-16 11-17.

7. through 8. No change.

(b) through (d) No change.

(7) Fisheating Creek Wildlife Management Area.

(a) Open season:

1. Archery – August 23-25 17-19 and August 30 through September 1 24-26 west of US Highway 27 only.

2. Muzzleloading gun – September 13-15 7-9 and 20-22 14-16 west of US Highway 27 only.

3. General gun – October 4-6 September 28-30 and 18-20 October 12-14 west of US Highway 27 only.

4. Youth Turkey Hunt – February 22-23 23-24 west of US Highway 27 only.

5. Spring turkey – March 1-4 2-5, 7-10 8-11, 14-17 15-18 and 21-24 22-25 and 28-31 March 29 through April 1 west of US Highway 27 only.

6. Special-opportunity spring turkey – March 1-7 2-8 and 15-21 16-22 east of US Highway 27 only.

7. Wild hog-still– November 23-24 17-18 west of US Highway 27 only.

8. through 9. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers except that turkeys may not be taken during the archery season. The bag limit for deer shall be one per person, two per quota hunt permit. During the spring turkey season the bag limit for turkey shall be one gobbler or bearded turkey per person, two per quota hunt permit. During and special-opportunity spring turkey season seasons, the bag limit for turkey shall be one gobbler or bearded turkey per permit. During the wild hog-still season, only wild hog may be taken.

(c) No change.

(d) General regulations:

1. through 3. No change.

4. Public access, other than by foot, bicycle, or boat, is prohibited, except registered and licensed vehicles and golf carts, as defined by Section 320.01 (22), F.S., may be operated within the Palmdale campground. Entry into or exit from locations other than via Fisheating Creek at its intersections with C.R. 731, and at US 27 in Palmdale, and at the Mainstreet access at Palmdale, and at S.R. 78 near Lakeport, is prohibited.

5. through 7. No change.

(8) Picayune Strand Wildlife Management Area.

(a) Open season:

1. Archery – August 10-25 4-19.

2. Muzzleloading gun – September 7-9 1-3 and 14-16 8-10.

3. General gun – October 12-15 6-9, 16-20 10-14 and 21-27 15-21.

4. Small game – November 9 10 through December 29 23.

5. Spring turkey – March 1-4 2-5 and 5-9 6-10.

6. through 7. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season, the bag limit for deer and wild hog shall be one each. During the muzzleloading gun and general gun seasons, the bag limit for deer and wild hog shall be one per person, two each per quota permit and the bag limit for wild hog shall be one per permit. Wild hog: daily bag, 1; possession limit, 2. The take of wild hog with a shoulder height of less than 15 inches is prohibited. The take of wild hog is prohibited during small game season. The taking of antlerless deer and turkey is prohibited during archery season. During the spring turkey season, the bag limit for turkey shall be one gobbler or bearded turkey per quota permit.

(c) through (d) No change.

(9) Dinner Island Ranch Wildlife Management Area.

(a) Open season:

1. Archery – August 9-12 3-6, 16-19 10-13, 23-26 17-20 and August 30 through September 2 24-27.

2. Muzzleloading gun – September 13-15 7-9.

3. General gun – September 21-23 15-17, 27-29 21-23 and October 4-6 28-30.

4. Small game – November 2 10-30, December 3-7 and December 10 through the Sunday prior to the youth turkey hunt February 22.

5. Family hunt – October December 12-13 1-2 and 19-20 8-9.

6. Youth Turkey Hunt – February 22-23 23-24.

7. Spring turkey – March 1-3 2-4, 8-10 9-11 and March 29-31 30 through April 1.

8. through 10. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer and turkey shall be one per quota permit. The taking of antlerless deer and turkey is prohibited during archery season. Taking of antlered deer not having at least one antler with three or more points, one inch or more in length, is prohibited. The take of deer is prohibited during the family hunt. The take of wild hog is prohibited during small game season before February 1. Wild hog: daily bag one; possession limit two.

(c) through (d) No change.

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

(a) Open season:

1. Archery – August 9-12 3-6, 16-19 10-13, 23-26 17-20 and August 30 through September 2 24-27.

2. Muzzleloading gun – September 13-15 7-9.

3. General gun – September 21-23 15-17, 27-29 21-23, and October 4-6 September 28-30.

4. Small game – November 2 10 through the Sunday prior to the youth turkey hunt February 22.

5. Youth Turkey Hunt – February 22-23 23-24.

6. Spring turkey – March 1-3 2-4, 8-10 9-11 and 15-17 16-18.

7. through 8. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer and turkey shall be one per person, two per quota permit. The taking of antlerless deer and turkey is prohibited during archery season. Taking of antlered deer not having at least one antler with three or more points, each point one inch or more in length, is prohibited. The take of wild hog is prohibited during small game season except that wild hog shall be legal to take during February. Wild hog: daily bag one; possession limit two.

(c) through (d) No change.

(11) Allapattah Flats Wildlife Management Area.

(a) Open season:

1. Archery – September 14-17 8-11, 21-24 15-18, September 28 through October 1 22-25 and October 5-8 September 29 through October 2.

2. Muzzleloading gun – October 19-21 13-15.

3. Family hunt – November 2-5 October 27-30.

4. General gun –November 9-13 3-7.

5. Small game – November 16 17 through the second Sunday in January.

6. Spring turkey – March 1-4 2-5 and 5-9 6-10.

7. through 8. No change.

(b) Legal to take: All legal game, fish, and furbearers (except bobcat and otter). Turkey may only be taken during the spring turkey season. The bag limit for deer and wild turkey shall be one per quota permit.

(c) through (d). No change.

 

PROPOSED EFFECTIVE DATE:  July 1, 2013.

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, 7-1-12, 7-1-13.

 

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.R.

NAME OF PERSON ORIGINATING PROPOSED RULE: 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 6, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2013