The purpose of the proposed changes is to provide a new title and to clarify rule language while retaining the intent of the existing regulations for Critical Wildlife Areas (CWAs). The effect is to reduce citizen confusion, allow for more effective ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-19.005: Establishment and Protection of Critical Wildlife Areas
PURPOSE AND EFFECT: The purpose of the proposed changes is to provide a new title and to clarify rule language while retaining the intent of the existing regulations for Critical Wildlife Areas (CWAs). The effect is to reduce citizen confusion, allow for more effective CWA management, improve conservation for imperiled wildlife, and improve enforcement.
SUMMARY: The proposed rule changes would: allow for area-specific regulations that differ from those in this section to be stated in the establishment order for the CWA; require that portions of the CWA to be managed will be posted as a “Critical Wildlife Area”; prohibit public access, including vehicles, boats, and dogs in areas posted as “Closed to Public Access”; prohibit dogs only in areas posted as “Dogs Prohibited”; and allow the Executive Director to issue permits for scientific or conservation purposes on CWAs where public access is prohibited.
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 [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: Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-19.005 General Regulations Relating To Establishment and Protection of Critical Wildlife Areas.

(1) The general regulations for critical wildlife areas shall be as follows: Critical wildlife areas may be established by the Commission with prior concurrence in such designation by the owner of the property wherein the area is situated. All areas shall be described in the order with sufficient specificity as to permit identification and shall be posted by the Commission so as to provide due notice as to the identity and status of the area. The order establishing the critical wildlife area shall contain the dates during which the tract shall be accorded maximum protection from human or vehicular disturbance.

(a) Areas in which regulations are to be enforced shall be posted as a “Critical Wildlife Area” to provide due notice as to the identity and status of the area.

(b) The take of fish and wildlife is prohibited within any area posted as a critical wildlife area, except as authorized in the order establishing the critical wildlife area.

(c) Public access, including vehicles, vessels and dogs, is prohibited within areas posted as “Closed to Public Access.”

(d) Dogs are prohibited within areas posted as “Dogs Prohibited.”

(e) The Executive Director may issue permits authorizing access for scientific or conservation purposes to a critical wildlife area where public access is prohibited. Persons so authorized must possess a copy of the authorization when engaged in such activities.

(2) Regulations for any specific critical wildlife area that differ from the general regulations set forth in this rule shall be established by the order establishing the critical wildlife area. No person shall take or disturb any wildlife within any critical wildlife area during the period designated by the order establishing such area. No person shall enter or operate a vehicle within any critical wildlife area during any period in which public access is prohibited by the order establishing such area. No person shall knowingly allow a dog under their care to enter or remain upon a critical wildlife area during any period in which public access is prohibited by the order establishing such area.

PROPOSED EFFECTIVE DATE: March 1, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 11-17-81, 6-21-82, Formerly 39-19.05, Amended 4-14-92, Formerly 39-19.005, Amended 3-1-10.

 

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.

NAME OF PERSON ORIGINATING PROPOSED RULE: Tim Breault, Director, Division of Habitat and Species Conservation, 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 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009