The purpose of the proposed rule amendment is to revise specific area regulations on miscellaneous areas and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and ...

 

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 specific area regulations on miscellaneous areas and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.

SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on miscellaneous areas as follows:

Babcock Ranch Preserve – harvesting antlered deer not having 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more is prohibited, except persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length; and allow the harvest of furbearers.

Kissimmee River Chain of Lakes Area – harvesting antlered deer not having 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more is prohibited, except persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length.

Kissimmee River Public Use Area – harvesting antlered deer not having 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more is prohibited, except persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length; eliminate the two days of antlerless deer harvest during general gun season; and in the area south of Hwy. 70, only allow antlerless deer harvest during the last nine days of archery season.

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 DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting February 4 - 5, 2015, 8:30 a.m. ‒ 5:00 p.m., each day

PLACE: Hyatt Regency, 225 East Coastline Drive, Jacksonville FL, 32202

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: 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-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 seasons and during the last nine days of archery season in that portion of the areas south of State Road 70. first two days of the antlerless deer seasons for Zone A and C, as applicable, established in Rule 68A-13.004, F.A.C. 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 shooting hours for turkeys during the spring season shall be from one-half hour before sunrise until 1 p.m. and the daily bag limit for wild turkey shall be one per day.

(c) No change.

(3) Babcock Ranch Preserve.

(a) Open season (in the FWC designated hunting area):

1. Archery – August 1-4 2-5 and 8-11 9-12.

2. Muzzleloading gun – September 5-7 6-8.

3. Family – September 19-20 20-21 and December 19-20 20-21.

4. General gun for mobility-impaired – December 4-6 5-7.

5. General gun – September 25-27 26-28, October 2-4 3-5 and December 11-13 12-14.

6. Small game – January 9-24 3-18 and February 6-7 January 31 through February 1 (Saturdays and Sundays only).

7. Spring turkey – March 5-7 7-9 and 12-14 14-16.

8. No change.

9. Trapping – Prohibited.

(b) The following are the only species of wildlife legal to take within the FWC designated hunting area: All legal game (except quail), 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) Regulations controlling activities within the FWC designated hunting area:

1. through 12. No change.

13. Except during periods described in paragraph (a) and subparagraph (c)9. (c)10. public access and use is allowed only by Babcock Ranch Management, LLC, or any successor authorized by Section 259.1053, F.S., collectively herein referred to as “Preserve Manager”.

14. The Preserve Manager shall authorize the take of fish and wildlife within the FWC designated hunting area pursuant to subparagraph (d)2. except during periods described in paragraph (a) and subparagraph (c)9. (c)10.

(d) Regulations controlling activities outside the FWC designated hunting area:

1. No change.

2. The Preserve Manager shall authorize the take of fish and wildlife provided all such authorizations shall be consistent with the currently approved management plan, adopted pursuant to Section 253.034, F.S., and the following conditions shall apply:

a. No change.

b. Open season for non-migratory game shall be consistent with zone A as specified in Rule 68A-13.004, F.A.C., in areas and during days specified by the Preserve Manager.

c. through f. No change.

(4) Kissimmee Chain of Lakes Area.

(a) No change.

(b) Legal to take: All legal game, wild turkey (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 Drasdo, 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) No change.

PROPOSED EFFECTIVE DATE: July 1, 2015

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.

 

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.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, 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: November 21, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2015