The purpose of the proposed rule amendment is to revise area-specific regulations related to take of non-native birds on Miscellaneous Areas. The effect of the proposed amendment will be to remove protections currently prohibiting ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.006Regulations Relating to Miscellaneous Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise area-specific regulations related to take of non-native birds on Miscellaneous Areas. The effect of the proposed amendment will be to remove protections currently prohibiting take of non-native birds on Miscellaneous Areas.

SUMMARY: The proposed rule amendment would revise area-specific regulations for taking non-native birds on Miscellaneous Areas as follows:

Kissimmee River PUA – allow take of non-protected birds, such as collared doves and Egyptian goose, during established area seasons, with no bag or size limit, using methods of take as allowed by season; and update rule language to conform with the new definition of legal game.

Babcock Ranch Preserve – update rule language to conform with the new definition of legal game.

Kissimmee Chain of Lakes Area – allow take of non-protected birds, such as collared doves and Egyptian goose, during established area seasons, with no bag or size limit, using methods of take as allowed by season; and update rule language to conform with the new definition of legal game.

Kissimmee Chain of Lakes Area – Rolling Meadows Unit – allow take of non-protected birds, such as collared doves and Egyptian goose, during established area seasons, with no bag or size limit, using methods of take as allowed by season; and update rule language to conform with the new definition of legal game.

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

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-15.006 Regulations Relating to Miscellaneous Areas.

(1) No change.

(2) Kissimmee River Public Use Area.

(a) No change.

(b) Legal to take: All legal game, wild hog, non-protected mammals, furbearers, fish, and frogs. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may be taken only during the archery season in that portion of the area north of State Road 70 and during the last nine days of archery season in that portion of the areas south of State Road 70. Bag and possession limits and shooting hours shall be those established under Rules 68A-13.003, 68A-13.004 and 68A-13.008, F.A.C., except that the daily bag limit for wild turkey shall be one per day.

(c) General regulations:

1. through 7. No change.

8. Non-protected mammals and non-protected birds may be taken during any season open for the taking of game mammals or game birds, with no size or bag limit.

a. Methods of take, other than those allowed for the taking of game during each open season, are prohibited.

9. through 10. No change.

(3) Babcock Ranch Preserve.

(a) No change.

(b) The following are the only species of wildlife legal to take within the Tier I hunt area: All legal game (except quail), and furbearers and wild hog. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, family and general gun for mobility-impaired hunts the bag limit for deer shall be two deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person, but no more than two per quota permit during the muzzleloading gun and general gun hunts. One gobbler (or bearded turkey) per person, but no more than two per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.

(c) through (f) No change.

(4) Kissimmee Chain of Lakes Area.

(a) No change.

(b) Legal to take: All legal game, wild turkey (except hen or beardless but only bearded turkey or gobblers), wild hog, non-protected mammals, furbearers (except bobcat and otter), fish and frogs. The take of deer is prohibited in the East and West Shore Units. The take of antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The daily bag limit for wild turkey shall be one per day.

(c) General regulations:

1. through 8. No change.

9. Non-protected mammals and non-protected birds may be taken during any season open for the taking of game mammals or game birds, with no size or bag limit.

a. Methods of take, other than those allowed for the taking of game during each open season, are prohibited.

10. through 14. No change.

(5) No change.

(6) Kissimmee Chain of Lakes Area – Rolling Meadows Unit.

(a) No change.

(b) Legal to take: All legal game, wild turkey (except hen or beardless bearded turkey or gobblers only), wild hog, non-protected mammals, furbearers (except bobcat and otter), fish and frogs. The take of antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The daily bag limit for wild turkey shall be one per day.

(c) General regulations:

1. through 8. No change.

9. Non-protected mammals and non-protected birds may be taken during any season open for the taking of game mammals or game birds, with no size or bag limit.

a. Methods of take, other than those allowed for the taking of game during each open season, are prohibited.

10. through 15. 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 12-9-99, Amended 5-13-02, 5-1-03, 5-23-04, 7-1-06, 7-1-08, 7-1-09, 7-1-10, 11-9-10, 7-1-11, 7-1-12, 8-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 7-1-18, 7-1-19, 7-1-20, 9-13-20, 7-1-21, 7-1-22.

 

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