The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs), adjust specific area regulations regarding the use of centerfire rifles during small game season ....

 

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), adjust specific area regulations regarding the use of centerfire rifles during small game season in response to proposed changes in rule 68A-17.004, F.A.C., and adjust how season dates are described to better conform to calendar year 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 how season dates are described to better conform to calendar year changes, adjust specific area regulations regarding the use of centerfire rifles during small game season in response to proposed changes in rule 68A-17.004, F.A.C., and revise specific area regulations on Wildlife and Environmental Areas (WEAs) as follows:

Southwest Region

Lake Wales Ridge WEA – Royce Unit – allow hunting with centerfire rifles during small game season.

North Central Region

Fort White WEA – allow each youth turkey quota permit holder to bring 1 additional non-hunting guest.

Lafayette Forest WEA – allow hunting with centerfire rifles during small game season.

Watermelon Pond WEA – allow camping on the Goethe State Forest portion of the area by permit from the Florida Forest Service.

Northwest Region

Apalachicola River WEA – allow hunting with centerfire rifles during small game season.

South Region

Southern Glades WEA – establish that, for purposes other than hunting, dogs are allowed but must be kept under physical restraint at all times; fix an error related to the use of airboats in Unit 4 and the use of outboard motor boat in canals; and fix an error to clarify that waterfowl retrievers and bird dogs can be used to hunt geese in season.

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 n; Sections 379.2223, 375.313, Florida Statutes.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 25-26, 2020, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Live video conference broadcast via Adobe Connect and The Florida Channel.

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: George Warthen, 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 – Opening 43 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, reopening 19 days later and closing 2 days thereafter September 25-27 and October 16-18.

b. General gun – Opening 13 days after the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter November 20-22.

c. Small game – Opening 34 days after the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter December 11-13, 25-27, opening 3 days prior to the third Monday in January and closing 3 days thereafter and reopening 17 days later and closing 3 days thereafter February 4-7.

d. Wild hog-still – Opening the first Saturday in May and closing 8 days thereafter (Saturdays and Sundays only) May 1-2 and 8-9.

e. Youth turkey hunt – During the youth turkey season established by rule 68A-13.004, F.A.C. March 13-14.

f. Spring turkey – Opening the first day of the spring turkey season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, reopening 11 days later and closing 2 days thereafter March 20-22 and April 2-4.

g. No change.

2. through 3. No change.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.                                         

1. Open season:

a. Archery – Opening 43 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 28 days thereafter September 25 through October 23.

b. Muzzleloading gun – Opening 14 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter October 24-26.

c. Archery and muzzleloading gun – Opening the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 57 days thereafter November 7 through January 3.

d. Spring turkey – During the spring turkey season established by rule 68A-13.004, F.A.C. March 20 through April 25.

e. through f. No change.

2. through 3. No change.

(b) Fort White Mitigation Park – Gilchrist County.                           

1. Open season:

a. Archery season – Opening 14 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 4 days thereafter, reopening 3 days later and closing 4 days thereafter, and reopening 10 days later and closing 4 days thereafter October 24-28, October 31 through November 4 and November 14-18.

b. Small game – Opening 12 days after the first day of Zone C antlered deer season established by rule 68A-13.004 and closing the last day of gray squirrel season established by rule 68A-13.004, F.A.C November 19 through March 7.

c. Youth spring turkey – During the youth turkey season established by rule 68A-13.004, F.A.C March 13-14.

d. Spring turkey – Opening the first day of the spring turkey season established by rule 68A-13.004, F.A.C. and closing 4 days thereafter, and reopening 3 days later and closing 4 days thereafter March 20-24 and March 27-31.

e. through g. No change.

2. through 3. No change.

4. General regulations:

a. through e. No change.

f. Public access is allowed year round except during quota hunts when only individuals authorized to participate in a hunt may access the area and during the youth turkey hunt when one non-hunting guest per quota permit may also access the area Only persons participating in the hunts are allowed on the area during hunting periods, except during small game season.

g. Taking wildlife with centerfire rifles is prohibited during small game season.

(c) Suwannee Ridge – Hamilton County.                           

1. Open season:

a. Mobility-impaired general gun – Opening 22 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter, reopening 5 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter October 16-18, October 30 through November 1, November 6-8 and 20-22.

b. Mobility-impaired spring turkey – Opening 6 days after the first day of the spring turkey season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, and reopening 19 days later and closing 2 days thereafter March 26-28 and April 16-18.

2. through 3. No change.

(d) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – Opening 42 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 4 days thereafter, reopening 2 days later and closing 4 days thereafter, and reopening 3 days later and closing 4 days thereafter September 26-30 and October 2-6 and 9-13.

b. Muzzleloading gun season – Opening 14 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter October 24-26.

c. Family hunt – Opening the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 8 days thereafter (Saturdays and Sundays only) November 7-8 and 14-15.

d. Wild hog-still – Opening 77 days after the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 4 days thereafter, and reopening 3 days later and closing 4 days thereafter January 23-27 and January 30 through February 3.

e. Small game – Opening the day after the last day of the family hunt and closing 67 days thereafter, and reopening 13 days later and closing the last day of gray squirrel season as established by rule 68A-13.004, F.A.C November 16 through January 22 and February 4 through March 7.

f. Youth spring turkey – During the youth turkey season established by rule 68A-13.004, F.A.C March 13-14.

g. Spring turkey – Opening the first day of the spring turkey season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, and reopening 4 days later and closing 2 days thereafter March 20-22 and 26-28.

h. through j. No change.

2. through 3. No change.

(g) Watermelon Pond Wildlife and Environmental Area. 

1. Open seasons:

a. Archery season – Opening 21 days prior to the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 8 days thereafter October 17-25.

b. Small game – Opening 14 days after the first day of Zone C antlered deer season established by rule 68A-13.004, F.A.C. and closing 15 days thereafter, and reopening 13 days later and closing 22 days thereafter November 21 through December 6 and December 19 through January 10.

c. Youth spring turkey – During the youth turkey season established by rule 68A-13.004, F.A.C March 13-14.

d. through g. No change.

2. No change.

3. Camping: Prohibited except as authorized by the Florida Forest Service.

4.3. General regulations:

a. through f. No change.

g. Taking wildlife with centerfire rifles is prohibited during small game season.

(3) No change.

(4) South Region.

(a) Southern Glades – Dade County.                           

1. Open season:

a. Archery – Opening 49 days prior to the first day of Zone A antlered deer season as established in rule 68A-13.004, F.A.C. and closing 29 days thereafter August 1-30.

b. Muzzleloading gun – Opening 8 days prior to the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter September 11-13.

c. General gun – Opening the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 29 days thereafter, and reopening 36 days later and closing 6 days thereafter September 19 through October 18 and November 23-29.

d. Small game – Opening the day after the last day of general gun season and closing 83 days thereafter November 30 through February 21.

e. through g. No change.

2. No change

3. General regulations:

a. Hunting with dogs is Dogs are prohibited except dogs may be used for hunting small game during small game season and waterfowl retrievers and bird dogs may be used during the duck, geese, coot, and snipe seasons.

b. through c. No change.

d. The use of tracked vehicles, buggies, airboats, motorcycles, and all-terrain vehicles is prohibited in the area except that airboats may be used in Units 3 and 4 from the day after following the last day close of the general gun season through March 1, only outboard motor boats may be used within canals, and vehicles may be operated on named or numbered roads.

e. through i. No change.

j. Taking wildlife with centerfire rifles is prohibited during small game season.

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

1. Open season:

a. Archery – Opening 8 days prior to the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 16 days thereafter (Fridays, Saturdays, and Sundays only) September  11-13, 18-20 and 25-27.

b. Muzzleloading gun – Opening 20 days after the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 16 days thereafter (Fridays, Saturdays, and Sundays only) October 9-11, 16-18 and 23-25.

c. General gun for mobility-impaired – Opening 42 days after the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 1 day thereafter October 31 through November 1.

d. General gun – Opening 48 days after the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 9 days thereafter (Fridays, Saturdays, and Sundays only) November 6-10 and 13-17.

e. Wild hog-still – Opening 9 days prior to the fourth Thursday in November Thanksgiving Day and closing ending 2 days thereafter, reopening 12 days later opening the first Tuesday following Thanksgiving Day and closing ending 2 days thereafter, reopening and opening the second Saturday in April and closing 8 days thereafter, and reopening the second Saturday in April and May and closing 8 days thereafter.

f. Youth turkey hunt – During the youth turkey season established by rule 68A-13.004, F.A.C February 27-28.

g. Spring turkey – Opening 3 days after the first day of spring turkey season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter, reopening 8 days later and closing 2 days thereafter, and reopening 5 days later and closing 2 days thereafter March 9-11, 19-21 and 26-28.

h. through j. No change.

2. through 4. No change.

(c) CREW – Collier and Lee Counties.                                          

1. Open season:

a. Archery – Opening 42 days prior to the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 8 days thereafter August 8-16.

b. Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter September 5-7.

c. General gun – Opening 63 days after the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 8 days thereafter November 21-29.

d. Small game – Opening 6 days after the last day of general gun season established by rule 68A-13.004, F.A.C. and closing 29 days thereafter December 5 through January 3.

e. Spring turkey – Opening the first day of spring turkey season established by rule 68A-13.004, F.A.C. and closing 3 days thereafter, and reopening 1 day later and closing 4 days thereafter March 6-9 and 10-14.

f. through h. 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 – Opening 7 days prior to the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 24 days thereafter (Saturdays, Sundays, Mondays, and Tuesdays only) September 12-15, 19-22, 26-29, and October 3-6.

b. Muzzleloading gun – Opening 28 days after the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 2 days thereafter October 16-19.

c. General gun – Opening 42 days after the first day of Zone A antlered deer season established by rule 68A-13.004, F.A.C. and closing 16 days thereafter (Saturdays, Sundays, and Mondays only) October 31 through November 2, and November 7-9 and 14-16.

d. Small game – Opening 5 days after the last day of general gun season established by rule 68A-13.004, F.A.C. and closing November 21 through the second Sunday in January.

e. Spring turkey – Opening 14 days after the first day of spring turkey season established by rule 68A-13.004, F.A.C. and closing 15 days thereafter March 20 through April 4 (Wednesdays, Saturdays, and Sundays only).

f. through h. No change.

2. through 4. No change.

(5) No change.

 

PROPOSED EFFECTIVE DATE:  July 1, 2021

 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, 7-1-14, 7-2-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21.

 

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: George Warthen, 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 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 19, 2020