The purpose of the proposed rule amendment is to establish regulations pertaining to a telephone and internet-based harvest reporting system for wild turkey and clarify language regarding handling and transportation of harvested ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.003Protection of Certain Deer and Turkey; Tagging of Deer, Bear, and Turkey; Deer Harvest Reporting; Evidence of Sex Required

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to establish regulations pertaining to a telephone and internet-based harvest reporting system for wild turkey and clarify language regarding handling and transportation of harvested turkey and deer. The effect of the proposed rule changes will be to enable the agency to better manage turkey and deer populations throughout the state.

SUMMARY: The proposed rule amendment would amend current regulations as follows:

Turkey harvest reporting – establish a harvest reporting system for wild turkey which would require all hunters to report all harvested wild turkeys to a telephone and internet-based harvest reporting system within 24 hours of harvest; require hunters to use a harvest log to record harvest prior to moving the turkey from the point of harvest; and require all hunters to obtain an FWC-issued customer number prior to turkey hunting.

Turkey carcass handling – clarify language regarding labeling, transportation, and storage requirements for harvested turkey.

Deer carcass handling – clarify language regarding labeling, transportation, and storage requirements for harvested deer.

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: Buddy Welch, Wild Turkey Management Program Coordinator, Fish and Wildlife Conservation Commission, 8932 Apalachee Parkway, Tallahassee, Florida 32311-4123, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-12.003 Protection of Certain Deer and Turkey; Tagging of Deer, Bear, and Turkey; Deer and Wild Turkey Harvest Reporting; Evidence of Sex Required.

(1) Wild Turkey:

(a) It is unlawful for any person to take or possess any unbearded wild turkey hen during any gobbler season that allows gobblers or bearded hens to be taken within the state unless authorized by Division 68A, F.A.C.

(b) Positive evidence of sex identification, including the head, and if applicable, the beard, shall remain on all wild turkey taken during any season when taking of unbearded wild turkey hens is prohibited so long as such wild turkey is kept in the field or camp or is en route to a meat processor, taxidermist or the domicile of its possessor or until such wild turkey has been cooked or is stored at the domicile of its possessor.

(c) Wild tTurkey may be dismembered and/or transferred to another person in the field or camp. The possessor of any harvested wild turkey, or portions and parts thereof, shall provide the first and last name of the person who harvested it, the FWC-issued customer number of the person who harvested it, or the harvest reporting confirmation number and positive evidence of sex, including the head, and if applicable, the beard, upon request by Law Enforcement Officers of the Commission. but each portion shall have a tag affixed to it identifying the name, address, FWC-issued customer number (if a hunting license is required) of the person who harvested it, the date and location at which it was harvested, and shall be readily traceable to the portion or portions of the animal bearing the sex identification, head and if applicable, beard.

(d) Harvest reporting requirements shall apply to any person who harvests a wild turkey. Wild turkeys harvested out of state, under permits issued pursuant to Chapter 68A-9, F.A.C., and captive-reared turkeys harvested on licensed Game Farms and Hunting Preserves shall be exempt from harvest reporting requirements.

1. All wild turkeys harvested shall be recorded in a harvest log and reported to the Commission’s harvest reporting system within 24 hours of harvest and prior to final processing, prior to any parts of the turkey being transferred to any meat processor or taxidermist, or prior to leaving the state, whichever occurs first.

2. Prior to moving a wild turkey from the point of harvest, the person who harvested the wild turkey shall record in a harvest log: the first and last name of the person who harvested it; the date of harvest; the county or, if applicable, the name of the public hunting area where harvested; and the sex.

3. An FWC-issued customer number is required for reporting harvested wild turkeys.

4. The Commission’s harvest reporting system will provide a confirmation number once harvest is reported and the confirmation number shall be immediately recorded in the harvest log of the person who harvested the wild turkey.

5. Once a harvested wild turkey is reported through the Commission’s harvest reporting system and prior to that wild turkey being transferred to another party, the wild turkey, or portions or parts thereof, shall be labeled by the harvester with their first and last name and the harvest reporting confirmation number. Such labeling shall remain on the wild turkey, or portions or parts thereof, until final processing or until stored at the domicile of its possessor. A processor shall maintain the aforementioned labeling, or as an alternative to maintaining labeling, may use a log book and numbering or other tracking system. Said log book shall contain the same information required of the aforementioned label. If a log book is used, it shall be kept on the processor’s premises for inspection by Law Enforcement Officers of the Commission.

(2) Deer:

(a) Positive evidence of sex identification, including the head with any antler or antlers if applicable, shall remain on harvested with any deer for the duration that such deer is kept in the field or camp or is en route to a meat processor, taxidermist, or the domicile of its possessor or until such deer has been cooked or is stored at the domicile of its possessor.

(b) Deer may be dismembered and/or transferred to another person in the field or camp. The possessor of any harvested but each deer, or portions and parts thereof, shall provide have written information attached thereto containing the first and last name and the address of the person who harvested it; the date of harvest; the county or, if applicable, name of public hunting area where harvested; and the sex, and shall be readily traceable to the portion or portions of the animal bearing sexual identification. of the person who harvested it, the FWC-issued customer number of the person who harvested it, or the harvest reporting confirmation number and positive evidence of sex upon request by Law Enforcement Officers of the Commission.

(c) Harvest reporting requirements shall apply to any person who that harvests a deer, except for the following: non-native deer, deer harvested out of state, deer killed by a motor vehicle, deer harvested under permits issued pursuant to Chapter 68A-9, F.A.C., and deer harvested on a licensed Game Farm or Licensed Private Hunting Preserve.

1. All deer harvested shall must be recorded in a harvest log and reported to the Commission’s harvest reporting system within 24 hours of harvest and prior to final processing, prior to the deer or any portions or parts thereof of the deer being transferred to any meat processor or taxidermist, or prior to leaving the state, whichever occurs first.

2. Prior to moving a deer from the point of harvest, the person who that harvested the deer shall record in a harvest log: the first and last name of the person who harvested it; the date of harvest; the county or, if applicable the name of public hunting area where harvested; and the sex.

3. No change.

4. The Commission’s harvest reporting system will provide a confirmation number once harvest is reported and the confirmation number shall be immediately recorded in the harvest log of the person who that harvested the deer.

5. Once a harvested deer is reported through the Commission’s harvest reporting system and prior to that deer being transferred to another party, all the deer, or portions or parts thereof, shall be labeled by the harvester with their first and last name and the harvest reporting confirmation number. Such labeling shall remain on the deer, or portions or parts thereof, until final processing or until stored at the domicile of its possessor. As an alternative to labeling, Aa processor shall maintain the aforementioned labeling, or as an alternative to maintaining labeling, may use a log book and numbering or other tracking system. SaidThe log book shall contain the same information required of the aforementioned label. If aThe log book is used, it shall be kept on the processor’s premises for inspection by Law Enforcement Officers of the Commission.

(3) 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