The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the Southwest Region. 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-15.061Specific Regulations for Wildlife Management Areas - Southwest Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the Southwest Region. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.

SUMMARY: The proposed rule amendment would revise specific area regulations on Wildlife Management Areas (WMAs) in the Southwest Region as follows:

Avon Park Air Force Range WMA – discontinue designated dog hunt areas and instead select units prior to the limited entry quota hunts based on military scheduling needs and allow tree stands to be erected in the selected limited entry quota areas; require that hunting equipment be removed by 6:00 pm 7 days following the close of any hunt season; and remove the prohibition on taking wildlife in the Sandy Point Wildlife Refuge.

Chassahowitzka WMA – allow hunting equipment on the WMA from 8 a.m. 7 days prior to the opening of each season and require its removal from the WMA by 6:00 p.m. 7 days after the last day of each season.

Croom WMA – shift the first 3-day spring turkey hunt 3 days earlier to open the third Saturday in March (Saturday through Monday) and shift the second and third 3-day hunts 7 days earlier (Tuesday through Thursday) to minimize the overlap with the Citrus and Chassahowitzka WMA spring turkey season dates.

Everglades Headwaters WMA, Hatchineha Unit – restrict bicycles (including class 1 e-bikes) to named roads, bicycle trails or designated multi-use trails; and update rule language to conform with the new definition of legal game.

Green Swamp WMA, West Unit – begin wild hog still hunt 1 day later (change from Friday through Sunday to Saturday through Monday format) and add allowance to take small game in season during the wild hog still season.

Hilochee WMA - Osprey Unit – allow the use of any dog during the wild hog-dog season; allow the use of any dog to hunt small game (quail, rabbit, squirrel, and migratory game) during small game season; and remove 15-inch shoulder height restriction for dogs used for hunting.

KICCO WMA – allow the use of any dog to hunt small game (quail, rabbit, squirrel, and migratory game) during small game season.

Orange Hammock WMA – update rule language to conform with the new definition of legal game.

Weekiwachee WMA – 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 n; Section 379.2223, 375.313, Florida Statutes

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 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: Mark Schulz, Southwest Region Public Hunting Areas Biologist, Fish and Wildlife Conservation Commission, Southwest Regional Office, 3900 Drane Field Road, Lakeland, Florida 33811, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-15.061 Specific Regulations for Wildlife Management Areas – Southwest Region.

(1) No change.

(2) Green Swamp Wildlife Management Area – West Unit.

(a) Open season:

1. Wild hog-still – Opening 56 57 days prior to the first day of Zone B antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

2. through 8. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. Turkey may be taken only during the special-opportunity turkey hunts and only from one-half hour before sunrise until 1 p.m. One gobbler (or bearded turkey) may be taken per special-opportunity spring turkey permit. One antlered deer may be taken per special-opportunity deer permit. Antlerless deer may be taken by antlerless deer permit only. Taking of antlered deer not having at least one antler with four or more points is prohibited. Only wild hog may be taken during the wild hog-dog seasons.

(c) through (d) No change.

(3) through (6) No change.

(7) KICCO Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. through 3. No change.

4. Hunting with dogs is prohibited except any dog may be used to take small game during the small game season. The take of wild hog with dogs is prohibited.

5. through 6. No change.

(8) through (11) No change.

(12) Avon Park Air Force Range Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. through 4. No change.

5. During the limited entry quota hunts general gun season, hunting in the selected designated dog-hunt areas is restricted to hunters using dogs, unless hunting waterfowl in Morgan Hole Creek, Kissimmee Marsh or Arbuckle Marsh. No tree stands may be erected in the designated dog-hunt areas.

6. No change.

7. Taking wildlife is prohibited in the Sandy Point Wildlife Refuge, unless authorized by the Installation Commander or a designee.

8. through 15. renumbered 7. though 14. No change.

15 16. Hunting equipment is prohibited except from 8:00 a.m. 7 days prior to the first day of archery season until 6:00 p.m. 7 days after the close of any hunt last day of general gun season, or as authorized by the Installation Commander or a designee.

(13) Croom Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Spring turkey – Opening 3 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter, reopening 8 12 days later and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter.

5. through 7. No change.

(b) through (d) No change.

(14) Chassahowitzka Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. No change.

2. Hunting equipment may be taken onto the area after 8:00 a.m. 7 days prior to the first day of each season and shall be removed by 6:00 p.m. 7 days after the last day of each season.

2. through 13. renumbered 3. through 14. No change.

(e) No change.

(15) Hilochee Wildlife Management Area – Osprey Unit.

(a) through (c) No change.

(d) General regulations:

1. through 7. No change.

8. The use of dogs, other than bird dogs and dogs with a shoulder height of 15 inches or less, is prohibited except that any dogs of any size may be used during the wild hog-dog season and during the small game seasons to take small game. No more than 3 free-running dogs per quota permit shall be used during the wild hog-dog season.

9. through 12. No change.

(16) Weekiwachee Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, (except hen or beardless bearded turkey) or gobbler, fish, frogs and furbearers. 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 take of antlerless deer is prohibited. The bag limit for deer shall be two antlered deer per quota permit.

(c) through (d) No change.

(17) through (18) No change.

(19) Everglades Headwaters Wildlife Management Area – Hatchineha Unit.

(a) No change.

(b) Legal to take: All legal game, wild hog, wild turkey (except hen or beardless bearded turkey or gobblers only), fish, frogs and furbearers (except bobcat and otter). 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, the bag limit for deer shall be two deer, only one of which can be antlerless per quota permit. During the muzzleloading gun, general gun and family hunt seasons, the bag limit for deer shall be two antlered deer per quota permit. During the spring turkey seasons, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit.

(c) No change.

(d) General regulations:

1. through 2. No change.

3. Vehicular access is prohibited, except vehicles may only be operated on named or numbered roads and only by persons participating in a hunt during archery, muzzleloading gun, general gun, family hunt, small game and spring turkey seasons and three days prior to and three days after each of these seasons. At all other times, public access other than by foot, horseback or bicycle is prohibited. Bicycles may be operated only on named or numbered roads, bicycle trails and designated multi-use trails.

5. through 8. renumbered 4. through 7. No change.

(20) Orange Hammock Wildlife Management Area. 

(a) No change.

(b) Legal to take: All legal game, wild hog, turkey (except hen or beardless gobbler or bearded turkeys only), fish, frogs, and furbearers. Taking of antlered deer not having at least 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. During the archery, muzzleloading gun, and general gun seasons, the bag limit for deer shall be 1 antlered deer per quota permit. During the mobility-impaired hunt the bag limit for deer shall be 1 antlered deer or 1 antlerless deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the mobility-impaired season.  The taking of antlerless deer is prohibited during archery season. During the archery season, 1 gobbler or bearded turkey may be taken per quota permit per day. During the youth turkey hunt and spring turkey season, 1 gobbler or bearded turkey may be taken per quota permit.

(c) through (d) No change.

PROPOSED EFFECTIVE DATE: July 1, 2022

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 11-17-83, 7-5-84, 10-1-84, 7-1-85, 9-19-85, 5-7-86, 5-10-87, 6-8-87, 10-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 8-7-97, 7-1-98, 10-20-98, 12-28-98, 7-1-99, Formerly 39-15.061, Amended 12-9-99, 3-30-00, 7-1-00, 7-1-01, 5-13-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 8-9-18, 7-1-19, 7-1-20, 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