The purpose of the proposed rule amendment is to revise the definitions for game birds, game mammals, legal game, migratory game birds, and non-protected birds. The effect of the proposed rule amendment will be to enable ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-1.004Definitions

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise the definitions for game birds, game mammals, legal game, migratory game birds, and non-protected birds. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources.

SUMMARY: The proposed rule amendment would adjust definitions as follows:

Game bird – modify to include only those species with established open seasons, except for those non-native species already listed as “generally considered game.” This proposed change would help simplify regulations for allowing take of non-native doves and geese in Florida.

Game mammal – modify to include only those species with established open seasons, except for those non-native species already listed as “generally considered game.” This proposed change would help simplify hunting regulations in Florida by maintaining consistency with the proposed definition for game birds.

Legal game – define more generally as game mammals, game birds, and crows; and include turkey, wild hog, and non-protected birds and mammals. This proposed change would allow take of non-protected birds on Commission-managed lands and simplify hunting regulations in Florida.

Migratory game bird – modify to include only those species of game birds protected under the Migratory Bird Treaty Act. This proposed change would help simplify bird hunting regulations in Florida by separating non-native birds from native migratory game birds.

Non-protected bird – update to include African and Eurasian collared-doves, common pigeon (rock dove), and Egyptian goose; and change “English sparrow” to “house sparrow” and “starling” to “common starling.” This proposed change would classify non-native doves and geese as “non-protected” and update the former names “English sparrow” and “starling” to match currently accepted nomenclature.

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

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

DATE AND TIME: During the Commission’s regular meeting March 2-3, 2022, 8:30 a.m. to 5:00 p.m., each day.

PLACE: TBA

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: Paul Scharine, Public Hunting Areas Program Coordinator, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-1.004 Definitions.

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) through (36). No change.

(37) Game birds – Those species of Wild turkey, quail, rail rails, snipe, woodcock, duck ducks, goose geese, brant, dove, coot, and common gallinule with open seasons established by Rule 68A-13.003, 68A-13.004 or 68A-13.008, F.A.C., and non-native species generally considered game such as pheasant, chukar partridge, and coturnix quail.

(38) No change.

(39) Game mammals – Those species of dDeer, gray squirrel, bear, and rabbit rabbits with open seasons established by Rule 68A-13.004, and non-native species generally considered game such as elk, antelope, and buffalo.

(40) No change.

(41) Legal game – Game birds, game mammals, and crows Antlered deer, gray squirrel, rabbit, quail, rail, snipe, woodcock, duck, dove, geese, coot and common gallinule during open seasons established for each species by Rule 68A-13.003, 68A-13.004 or 68A-13.008, F.A.C., and non-protected birds, non-protected mammals, and wild hog unless otherwise stipulated for a particular species in a regulation established for a specific wildlife management area, wildlife and environmental area, public small game hunting area, or public use area areas.

(42) through (44). No change.

(45) Migratory game birds – Those species of game birds included in the Migratory Bird Treaty Act, 16 U.S.C. 703-711 Ducks, geese, brant, rail or marsh hen, coot, common gallinule, snipe, woodcock and doves.

(46) through (48). No change.

(49) Non-protected birds – African and Eurasian collared-doves, common pigeon (rock dove), Egyptian goose, house English sparrow, and common starling.

(50) through (94). No change.

PROPOSED EFFECTIVE DATE: July 1, 2022.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, 4-1-07, 7-1-08, 10-23-08, 7-1-10, 11-8-10, 1-1-11, 4-9-13, 7-29-15, 5-11-16, 7-1-18, 7-1-21, 7-1-2022.

 

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 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 5, 2021