68A-13.004: Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits
PURPOSE AND EFFECT: The purpose of the proposed rule change is to adjust statewide management zone boundaries, shift open season dates for deer and fall wild turkey and establish a new 2-day Youth Turkey Hunt prior to the spring turkey season. The effect of the proposed rule change will be to provide for the timing of the deer seasons to better coincide with preferred hunting periods, maintain the fall turkey season during preferred dates within the deer season, and provide an additional outdoor recreational opportunity for youth in the state of Florida.
SUMMARY: The proposed rule would adjust the boundaries of management zones and open season dates for deer to better coincide with the rut and hunter preference; adjust the fall turkey season dates to align with management zones; create a special 2-day Youth Turkey Hunt the weekend prior to the opening weekend of spring turkey season within each management zone with the following provisions: allow only youth hunters under 16 years of age who are supervised by an adult at least 18 years of age to harvest a turkey; allow adult supervisors with all required licenses and permits for turkey hunting to participate with the youth, but not be allowed to harvest any wildlife with a gun; allow adults who do not have required licenses and permits to supervise a youth, but not be allowed to participate in the hunt; retain the current daily bag limit for turkey as one gobbler or bearded turkey per day and any wild turkey harvested during the Youth Turkey Hunt would count towards the spring season limit of two.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not __X__have an impact on small business. A SERC has ____ or has not _X_ been prepared by the agency.
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.
SPECIFIC 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 regular meeting of the Commission, February 17-18, 2010, 8:30 a.m. 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320.
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 (850)488-6411. 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: Diane R. Eggeman, 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-13.004 Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits.
The open season and bag limits for non-migratory game shall be as follows unless otherwise amended by the Commission, provided that regulations for hunting on wildlife management areas shall be as established by specific rule.
(1) No change.
(2) Open seasons:
(a) Antlered deer:
1. Zone A comprised of the counties of Broward, Charlotte, Collier (except that portion lying south of State Road 84, west of State Road 29, north of U.S. Highway 41 and east of the western boundary of the Fakahatchee Strand State Preserve where there will be no open season), Dade, DeSoto (south of State Road 70), Glades, Hendry, Highlands (south of State Road 70), Lee, Martin, Manatee (south of State Road 70), Monroe (except in the Florida Keys where there will be no open season), Okeechobee (south of State Road 70), Palm Beach, St. Lucie (south of State Road 70) and Sarasota: Opening the third Saturday in September and closing 29 days thereafter and reopening the Saturday before the fourth Thursday in November and closing the first Sunday in January.
2. Zone B comprised of the counties of Hernando (south of State Road 50), Hillsborough (north of State Road 60), Lake (south of State Road 50), Orange (south of State Road 50 and west of U.S. Highway 17), Osceola (west of U.S. Highway 17, south and west of County Road 525, west of the western shoreline of Lake Tohopekaliga, west of C-35 canal, west of the western shoreline of Cypress Lake, west of C-36 canal and west of the eastern shoreline of Lake Hatchineha), Pasco, Pinellas (north of State Road 60), Polk (north of State Road 60) and Sumter (south of State Road 50): Opening 9 days after the fourth Thursday in November and closing 78 days thereafter.
3. Zone C comprised of the counties of Alachua, Baker, Bradford, Brevard, Citrus, Clay, Columbia, DeSoto (north of State Road 70), Dixie, Duval, Flagler, Gadsden (east of U.S. Highway 27), Gilchrist, Hamilton, Hardee, Hernando (north of State Road 50), Highlands (north of State Road 70), Hillsborough (south of State Road 60), Indian River, Jefferson, Lafayette, Lake, Leon (east of U.S. Highway 27, east of State Road 61 and east of U.S. Highway 319), Levy, Madison, Manatee (north of State Road 70), Marion, Nassau, Okeechobee (north of State Road 70), Orange (north of State Road 50 and east of U.S. Highway 17), Osceola (east of U.S. Highway 17, north and east of County Road 525, east of the western shoreline of Lake Tohopekaliga, east of C-35 canal, east of the western shoreline of Cypress Lake, east of C-36 canal and east of the eastern shoreline of Lake Hatchineha), Pinellas (south of State Road 60), Polk (south of State Road 60), Putnam, St. Johns, St. Lucie (north of State Road 70), Seminole, Sumter (north of State Road 50), Suwannee, Taylor, Union, Volusia and Wakulla (east of U.S. Highway 319, north and east of U.S. Highway 98 and east of Spring Creek Highway): Opening the first Saturday in November closing 78 days thereafter.
4. Zone D comprised of the counties of Bay, Calhoun, Escambia, Franklin, Gadsden (west of U.S. Highway 27), Gulf, Holmes, Jackson, Leon (west of U.S. Highway 27, west of State Road 61 and west of U.S. Highway 319), Liberty, Okaloosa, Santa Rosa, Wakulla (west of U.S. Highway 319, south of U.S. Highway 98 and west of Spring Creek Highway), Walton and Washington: Opening the fourth Thursday in November and closing 3 days thereafter and reopening the second Saturday in December and closing 71 days thereafter.
1. South Zone comprised of the counties of Broward, Charlotte, Collier (except that portion lying south of State Road 84, west of State Road 29, north of U.S. Highway 41 and east of the western boundary of the Fakahatchee Strand State Preserve where there will be no open season), Dade, DeSoto (south of State Road 70), Glades, Hendry, Highlands (south of State Road 70), Lee, Martin, Manatee (south of State Road 70), Monroe (except in the Florida Keys where there will be no open season), Okeechobee (south of State Road 70), St. Lucie (south of State Road 70), Sarasota and Palm Beach: Opening the last Saturday in October and closing 71 days thereafter.
2. Central Zone comprised of the counties of Alachua, Baker, Bradford, Brevard, Citrus, Clay, Columbia, DeSoto (north of State Road 70), Dixie, Duval, Flagler, Gilchrist, Hamilton, Hardee, Hernando, Highlands (north of State Road 70), Hillsborough, Indian River, Jefferson (north of U.S. Highway 27, east of State Road 59 and south of U.S. Highway 98), Lafayette, Lake, Levy, Madison, Manatee (north of State Road 70), Marion, Nassau, Okeechobee (north of State Road 70), Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie (north of State Road 70), Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Leon (north of U.S. Highway 27 and east of State Road 155) and Wakulla (south of U.S. Highway 98 and east of the St. Marks River): Opening the second Saturday in November and closing 71 days thereafter.
3. Northwest Zone comprised of the counties of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton and Washington, Leon (except that portion north of U.S. Highway 27 and east of State Road 155), Jefferson (south of U.S. Highway 27, west of State Road 59 and north of U.S. Highway 98), and Wakulla (except that portion south of U.S. Highway 98 and east of the St. Marks River): Opening the fourth Thursday in November and closing 3 days thereafter and reopening the second Saturday in December and closing 67 days thereafter.
(b) Antlerless deer:
1. Zone A: Opening the Saturday before the fourth Thursday in November and closing 6 days thereafter, except those portions of the eastern Everglades south of the Tamiami Trail (U.S. 41) and east of Everglades National Park, or in Collier County south of Alligator Alley (State Road 84).
2. Zone B: Opening December 26 and closing January 1.
3. Zone C: Opening the Saturday before the fourth Thursday in November and closing 6 days thereafter.
4. Zone D: Opening December 26 and closing January 1.
1. During the eighth through fourteenth day of the antlered deer season in the South Zone except those portions of the eastern Everglades south of the Tamiami Trail (U.S. 41) and east of Everglades National Park, or in Collier County south of Alligator Alley (S.R. 84).
2. During the eighth through fourteenth day of the antlered deer season in the Central Zone.
3. During the twelfth through eighteenth day of the antlered deer season in the Northwest Zone.
(c) Turkey:
1. Fall season (gobblers or bearded turkeys only): During the last 58 days of the antlered deer season in the South Zone A; during the first 58 days of the antlered deer season in Zones B and C the Central Zone; and during the first 41 days of the antlered deer season in the Northwest Zone D except in Holmes County where there will be no open season.
2. Spring season (gobblers or bearded turkeys only):
a. Opening on the first Saturday of March and closing 36 days thereafter in the South Zone A. Opening on the third Saturday of March and closing 36 days thereafter in the Central and Northwest Zones B, C and D except in Holmes County where the season will open on the third Saturday of March and close 15 days thereafter.
b. In addition to the season specified in sub-subparagraph a. above, a Youth Turkey Hunt shall open on the last Saturday of February and close 1 day thereafter in Zone A and open the second Saturday of March and close 1 day thereafter in Zones B, C and D. Only youth under 16 years of age may hunt and must be under the supervision and in the presence of an adult not younger than 18 years of age. Adults with required license and permits for taking wild turkeys or otherwise exempt from these requirements by Section 379.353, F.S., may participate in the hunt when in the presence of at least one youth under 16 years of age. Adults shall not take wildlife with a gun.
(d) Quail: Opening the second Saturday of November and closing 113 days thereafter. Opening October 1 and closing March 31 for falconry.
(e) Gray squirrel: Opening the second Saturday of November and closing 113 days thereafter. Opening October 1 and closing March 31 for falconry. No open season on fox squirrels.
(f) Rabbit: Throughout the year.
(g) Notwithstanding the provisions of paragraphs (2)(a)-(g) deer of either sex, gobblers or bearded turkeys, gray squirrel and quail may be taken where same are legal game, during an archery season opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in Zones A, B and C the South Zone, opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in the Central Zone, and opening 33 40 days prior to the first day of the antlered deer season and closing 32 29 days thereafter in Zone D the Northwest Zone except that turkey may not be taken in Holmes County.
(h) Notwithstanding the provisions of paragraphs (2)(a), (b), (c), (d), (e), and (h), antlered deer, gobblers or bearded turkeys, gray squirrel and quail may be taken:
1. During a crossbow season opening 19 days prior to the first day of the antlered deer season and closing 4 days thereafter in Zones A, B and C the South Zone; opening 19 days prior to the first day of the antlered deer season and closing 4 days thereafter in the Central Zone, and opening 4 days after the fourth Thursday in November and closing 4 days thereafter in Zone D on the Monday following Thanksgiving Day and closing 6 days thereafter in the Northwest Zone except that turkey may not be taken in Holmes County.
2. During a muzzleloading gun season opening 14 days prior to the first day of the antlered deer season and closing 13 8 days thereafter in Zones A, B and C; the South Zone; opening 14 days prior to the first day of the antlered deer season and closing 8 days thereafter in the Central Zone, and opening 9 6 days after prior to the first day of the antlered deer season and closing 6 2 days thereafter in Zone D the Northwest Zone except that turkey may not be taken in Holmes County.
3. During a muzzleloading gun season in Zone D the Northwest Zone opening the day following the last day of the antlered deer season and closing 6 10 days thereafter, provided that turkeys may not be taken.
(3) Issuance of antlerless deer permits to landowners Antlerless deer may be taken under permit from the executive director during the crossbow, muzzleloading gun, archery/muzzleloading gun, and antlered deer seasons in accordance with the following:
(a) through (d) No change.
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. HistoryNew 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-13.04, Amended 6-1-86, 5-10-87, 6-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-1-92, 7-1-93, 3-1-94, 7-1-94, 7-1-96, 10-28-97, 4-27-98, 12-28-98, Formerly 39-13.004, Amended 7-1-01, 5-13-02, 10-16-02, 7-1-05, 7-1-06, 7-1-08, 7-1-10.
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.W.
