The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:
68A-17.005Specific Regulations for Wildlife and Environmental Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) 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 WEAs.
SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife and Environmental Areas (WEAs) as follows:
Southwest Region.
Lake Wales Ridge WEA, Royce Unit – allow persons to enter and exit the area at designated entrances only; allow public access from 1.5 hours before sunrise until 1.5 hours after sunset only; change the bag limit for deer from one antlered deer per quota permit to one antlered deer per person, but no more than two per quota permit during archery and general gun hunts; and change the bag limit for turkey from one gobbler (or bearded turkey) per quota permit to one gobbler (or bearded turkey) per person, but no more than two per quota permit during spring turkey hunts.
North Central Region
Fort White WEA – change the bag limit for deer from one deer per quota permit to one deer per person, but no more than two deer per quota permit during archery season; change the bag limit for turkey from one gobbler or bearded turkey per quota permit to one per person, but no more than two per quota permit during spring turkey season.
Lafayette Forest WEA – change the bag limit for deer from one deer per quota permit to one deer per person, but no more than two deer per quota permit during archery season; change the bag limit for deer from one antlered deer per quota permit to one antlered deer per person, but no more than two per quota permit during muzzleloading gun season; change bag limit for turkey from one gobbler or bearded turkey per quota permit to one per person, but no more than two per quota permit during the spring turkey season.
Suwannee Ridge WEA - allow the harvest of furbearers.
Northwest Region
Apalachicola River WEA – allow camping in designated campgrounds by permit only; and limit camping to 14 consecutive days in the remainder of the area.
L. Kirk Edwards WEA – limit access to the WMA in the area east of Chaires Cross Road to only those authorized to participate in the hunt from ½ hour before sunrise to 1:00pm during spring turkey and youth turkey seasons; change the bag limit for deer from one antlered or one antlerless deer per quota permit to one antlered or one antlerless deer per person, but no more than two per quota permit during archery hunts; and change the bag limit for deer from one antlered deer per quota permit to one antlered deer per person, but no more than two per quota permit during archery/muzzleloading gun hunts.
South Region
John G. and Susan H. Dupuis WEA – move the four 3-day wild hog-still weekend hunts (Friday-Sunday) back to weekdays (Tuesdays-Thursdays); add wild hog as legal to harvest during small game season; and allow small game and wild hog-still hunters to camp at Gate 3.
John C. and Mariana Jones/Hungryland WEA – change the bag limit for deer from one antlered deer per quota permit to one antlered deer 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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) Southwest Region.

(a) through (e) No change.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

1. Open season:

a. Archery – September 20-22 21-23 and October 11-13 12-14.

b. General gun – November 15-17 16-18.

c. Small game – December 6-8 7-9, 20-22 21-23, January 17-19 18-20 and 24-26 25-27.

d. Wild hog-still – May 3-4 4-5 and 10-11 11-12.

e. Youth turkey hunt – March 8-9 9-10.

f. Spring turkey – March 15-17 16-18 and 28-30 March 29-31.

g. No change.

2. Legal to take: All legal game, fish, frogs, and furbearers. The bag limit for antlered deer shall be one per person, but not more than two per quota permit. Antlerless deer may be taken by antlerless deer permit only. Only wild hog may be taken during the wild hog-still season. During the spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) per person, but not more than two per quota permit. Turkey of either sex may be taken during the archery season.

3. General regulations:

a. through c. No change.

d. All persons shall enter and exit the area at a designated entrance. During periods when the area is open to hunting, entry or exit at locations other than designated entrances is prohibited.

e. No change.

f. Public acccess is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. Open season:

a. Archery – September 20 21 through October 18 19.

b. Muzzleloading gun – October 19-21 20-22.

c. Archery and muzzleloading gun – November 2 3 through December 29 30.

d. Spring turkey – March 15 16 through April 20 21.

e. through f. No change.

2. through 3. No change.

(b) Fort White Mitigation Park – Gilchrist County.

1. Open season:

a. Archery season – October 19-23 20-24, 26-30 27-31 and November 9-13 10-14.

b. Small game – November 16-29 17-30.

c. Youth spring turkey – March 8-9 9-10.

d. Spring turkey – March 15-19 16-20 and 22-26 23-27.

e. through g. No change.

2. Legal to take: All legal game, fish, frogs and furbearers. During the archery season, turkey of either sex may be taken and the bag limit for deer shall be one antlered or one antlerless deer per person, but no more than two deer per quota permit. During the spring turkey season, the bag limit shall be one gobbler or bearded turkey per person, but no more than two per quota permit.

3. No change.

4. General regulations:

a. through c. No change.

d. Motorized vehicular access is prohibited, except in the designated parking areas.

e. through f. No change.

(c) Suwannee Ridge – Hamilton County.

1. Open season:

a. Mobility-impaired general gun – October 11-13 12-14, 25-27 26-28, November 1-3 2-4 and December 13-15 14-16.

b. Mobility-impaired spring turkey – March 21-23 22-24 and April 11-13 12-14.

2. Legal to take: Any deer (except spotted fawn), wild hog, gobbler or bearded turkey (during spring turkey season only), gray squirrel, and rabbit and furbearers. The bag limit shall be two deer or two turkeys per quota permit. Only certified mobility-impaired hunters may take an antlerless deer.

3. General regulations:

a. through b. No change.

c. Vehicles may be operated only from 1.5 one and one-half hours before sunrise until 1.5 one and one-half hours after sunset, only on named or numbered roads during periods open to hunting and one day prior.

d. through i. No change.

(d) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – September 21-25 22-26, September 27 28 through October 1 2 and October 4-8 5-9.

b. Muzzleloading gun season – October 19-21 20-22.

c. Family hunt – November 2-3 3-4 and 9-10 10-11.

d. Wild hog-still – January 18-22 19-23 and 25-29 26-30.

e. Youth spring turkey – March 8-9 9-10.

f. Spring turkey – March 15-17 16-18 and 21-23 22-24.

g. through i. No change.

2. Legal to take: All legal game, fish and furbearers. During the archery season, turkey of either sex may be taken and the bag limit for deer shall be one antlered or one antlerless deer per person, but no more than two deer per quota permit. During the family hunt the bag limit shall be one antlered or one antlerless deer per person. During the muzzleloading gun season, the bag limit shall be one antlered deer per person, but no more than two antlered deer per quota permit. During the wild hog-still season, only wild hog may be taken. During the spring turkey season, the bag limit shall be one gobbler or bearded turkey per person, but no more than two per quota permit.

3. General regulations:

a. No change.

b. Public access is prohibited from 1.5 hours after sunset until 1.5 hours before sunrise except that persons with a Special Use Authorization from the Suwannee River Water Management District for Mallory Swamp Wildlife Management Area, from the Suwannee River Water Management District, may traverse McCalls Chapel Grade.

c. through f. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – October 12-20 13-21.

b. Small game – November 15-28 16-29 and December 13-28 14-29.

c. through e. No change.

2. Legal to take: All legal game, fish, frogs, turkey, and furbearers and antlerless deer. During archery season, turkey of either sex may be taken and tThe bag limit for deer shall be one per person.

3. No change.

(3) Northwest Region.

(a) No change.

(b) Apalachicola River – Gulf, Franklin, and Liberty counties.

1. No change.

2. Legal to take: All legal game, fish, frogs and furbearers. Antlerless deer may only be taken during the archery season. Bearded turkey or gobblers may be taken during the spring turkey season and the first 41 days of the general gun season; turkey of either sex may be taken during the archery and muzzleloading gun seasons. During the first phase of dove season, taking dove in posted dove fields is prohibited except on Saturdays. Wild hog may only be taken during the archery, muzzleloading gun, general gun, archery/muzzleloading gun and wild hog-dog seasons and during the open season for quail gray squirrel established in Rule 68A-13.004, F.A.C.

3. Camping: Throughout the year. A permit as provided by 68A-17.004(8)(a) is required if camping within any designated campground. Camping is limited to tents, trailers or self-propelled camping vehicles. In the remainder of the area, camping Camping is limited to 14 consecutive days and prohibited allowed throughout the area, except where posted as no camping and only at designated campsites at Butcher Pen Landing. Camping is limited to tents, trailers or self-propelled camping vehicles. Unless contained in mobile campers, kitchen stoves, refrigerators and freezers are prohibited. Lumber, sheet metal or other building materials are prohibited. Camping more than 14 consecutive days at a time is prohibited in that portion of the area posted as Northwest Florida Water Management District lands.

4. General regulations:

a. through i. No change.

j. During the wild hog-dog season, wild hog may be taken by the aid of a light with dogs and a firearm. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.

(c) L. Kirk Edwards – Leon County.

1. through 2. No change.

3. Legal to take: All legal game, turkey (during spring turkey season only), fish, frogs and furbearers. During the spring turkey season, the bag limit shall be one gobbler (or bearded turkey) per quota permit. During the archery season the bag limit for deer shall be one antlered or one antlerless deer per person, but not more than two per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the archery/muzzleloading gun season the bag limit for deer shall be one antlered deer per person, but not more than two per quota permit.

4. General regulations:

a. through d. No change.

e. During the youth turkey and spring turkey seasons, access to the area from one-half hour before sunrise to 1 p.m. shall be restricted in the area east of Chaires Cross Road to individuals authorized to participate in the quota hunt.

(4) South Region.

(a) Southern Glades – Dade County.

1. Open season:

a. Archery – August 3 July 28 through September 1 August 26.

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

c. General gun – September 21 15 through October 20 14 and November 25 through December 1 19-25.

d. Small game – December 2 November 10 through March 2 3.

e. through g. No change.

2. through 3. No change.

(b) John G. and Susan H. Dupuis Jr. – Palm Beach and Martin counties.

1. Open season:

a. Archery – September 13-15 7-9, 20-22 14-16 and 27-29 21-23.

b. Muzzleloading gun – October 11-13 5-7, 18-20 12-14 and 25-27 19-21.

c. General gun for mobility-impaired – November 2-3 October 27-28.

d. General gun – November 8-10 2-4 and 15-17 9-11.

e. Wild hog-still – November 19-21 16-18, November 30 through December 2, December 3-5, 10-12 7-9 and 17-19 14-16.

f. Spring turkey – March 4-6 5-7, 14-16 15-17 and 21-23 22-24.

g. Small game – December 7 8 through January 26 27.

h. through j. No change.

2. Legal to take: All legal game, gobblers or bearded turkeys (during spring season only), wild hog, fish and furbearers (except otter). Taking of antlered deer not having at least one antler with three or more points, one inch or more in length, is prohibited. Antlerless deer (except spotted fawns) may be taken during the archery and general gun for the mobility-impaired seasons. The bag limit for deer shall be one per quota hunt permit, except during the general gun for mobility-impaired season when one (1) antlered and one (1) antlerless deer may be taken per quota permit. The bag limit for turkey shall be one per quota hunt permit. The take of wild hog is prohibited during small game season. The take of deer is prohibited during the wild hog season.

3. Camping – During the archery, muzzleloading gun, general gun, general gun for mobility-impaired, and spring turkey seasons, only those persons participating in the hunt shall camp on the area and camping is permitted only on the campsite adjacent to Gate 3. Authorized camping equipment may be taken on the area after 8 a.m. one day before each hunt and shall be removed from the area before 5 p.m. one day following each hunt of the archery, muzzleloading gun, general gun, general gun for mobility-impaired, and spring turkey seasons. During Persons hunting during the small game and wild hog-still seasons shall use the Family Use campground on Jim Lake Grade or primitive campsites on the hiking trails. For persons not participating in the hunts and during the remainder of the year, camping is allowed at designated primitive campsites on hiking trails, the Family Use campground on Jim Lake Grade, and at the designated equestrian staging area at Gate 3.

4. No change.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. Archery – August 10-18 4-12.

b. Muzzleloading gun – September 7-9 1-3.

c. General gun – November 23 through December 1 17-25.

d. Small game –December 7 through January 4 1-28.

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

f. through g. No change.

2. through 4. No change.

(d) No change.

(e) John C. and Mariana Jones/Hungryland – Palm Beach and Martin Counties.

1. Open season:

a. 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.

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

c. General gun – November 2-4, October 27-29, 9-11 November 3-5 and 16-18 10-12.

d. Small game – November 23 17 through December 22 16.

e. Spring turkey – March 15-30 16-31 (Wednesdays, Saturdays and Sundays only).

f. through g. No change.

2. Legal to take: Deer, gobblers or bearded turkeys (during spring turkey season only), quail, gray squirrel, rabbit, raccoon, opossum, coyote, skunk, fish, frogs and migratory game birds as established by Rules 68A-13.003 and 68A-13.008, F.A.C. The bag limit for deer shall be one per person, two each per quota permit. The taking of antlerless deer is prohibited during the 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.

3. through 4. No change.

(5) No change.

PROPOSED EFFECTIVE DATE:  July 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 7-1-83, Amended 11-30-83, 7-1-84, 8-21-85, Formerly 39-17.05, Amended 6-1-86, 8-13-87, 8-18-88, 8-17-89, 4-11-90, 7-1-91, 10-31-91, 4-14-92, 4-20-93, 7-1-94, 9-15-94, 3-30-95, 8-15-95, 7-1-96, 4-3-97, 10-28-97, 7-1-98, 8-11-98, 7-1-99, Formerly 39-17.005, Amended 7-1-00, 5-1-01, 6-2-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 1-6-09, 7-1-09, 10-29-09, 7-1-10, 7-1-11, 11-14-11, 7-1-12, 7-26-12, 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