The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.064Specific Regulations for Wildlife Management Areas - South Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region 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 WMAs.

SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region as follows:

Allapattah Flats WMA – 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 clarify that during spring turkey season the area limit of 1 per day and the statewide season limit of 2 apply.

Big Cypress WMA – harvesting antlered deer not having 1 antler with 2 or more points is prohibited; and persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length.

Dinner Island Ranch WMA – as an alternative to existing 3 point antler point restriction, also allow the harvest of antlered deer having at least 1 antler with a main beam of 10 inches or more; persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length; allow harvest of deer during the family hunt; extend the shooting hours during spring turkey season from 1 p.m. to sunset; and clarify that during spring turkey season the area limit of 1 per day and the statewide season limit of 2 apply.

Fisheating Creek WMA – 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; extend the shooting hours during spring turkey season from 1 p.m. to sunset (west of U.S. 27 only); and clarify that during spring turkey season the area limit of 1 per day and the statewide season limit of 2 apply.

J.W. Corbett WMA – 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; extend the shooting hours during spring turkey season from 1 p.m. to sunset; and prohibit the use or possession of unlicensed and unregistered motor vehicles following the close of spring turkey season until 5 p.m. three days prior to the opening of archery season.

Okaloacoochee Slough WMA – as an alternative to existing 3 point antler point restriction, also allow the harvest of antlered deer having at least 1 antler with a main beam of 10 inches or more; persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length; and clarify that during spring turkey season the area limit of 1 per day and the statewide season limit of 2 apply.

Picayune Strand WMA – harvesting antlered deer not having 1 antler with two or more points is prohibited, except persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length; allow properly licensed and permitted hunters to harvest conditional non-native snakes and lizards during established hunting seasons; require harvest of conditional non-native snakes and lizards be reported to FWC within 36 hours; prohibit removal of live non-native snakes and lizards from the area; and clarify that during spring turkey season the area limit of 1 per day and the statewide season limit of 2 apply.

Spirit-of-the-Wild WMA – as an alternative to existing 3 point antler point restriction, also allow the harvest of antlered deer having at least 1 antler with a main beam of 10 inches or more; persons less than 16 years of age may harvest any antlered deer with 1 antler 5 inches or more in length; and clarify that during spring turkey season the area limit of 1 per day and the statewide season limit of 2 apply.

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 n; Sections 379.2223, 375.313, Florida Statutes.

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-15.064 Specific Regulations for Wildlife Management Areas – South Region.

(1) J. W. Corbett Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, fish, furbearers and frogs. Deer daily bag one, annual bag two; wild hog daily bag one, annual bag two. The take of wild hog with a shoulder height of less than 20 inches is prohibited. The take of wild hog is prohibited during small game season. Turkeys may not be taken during the archery season. The take of antlerless deer is prohibited except during the last 9 days of archery season. Taking of antlered deer not having at least one antler with three two or more points or one antler with a main beam of ten inches or more in length and having one or more antlers at least 5 inches in length visible above the hairline is prohibited, except by persons less than 16 years of age. Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until sunset.

(c) No change

(d) General regulations:

1. No change.

2. The use or possession of airboats, tracked vehicles, unlicensed and unregistered motorcycles or all-terrain vehicles on the area is prohibited year-round and use or possession of unlicensed and unregistered motor vehicles is prohibited the day following the close of spring turkey season until 5 p.m. three days prior to archery season.

3. through 18. No change.

(2) Holey Land Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 3-18 4-19.

2. General gun – Vehicle, October 24 25 through November 8 9 (tracked vehicles).

3. Archery – August 8-30 9-31.

4. Muzzleloading gun – September 5-13 6-14.

5. Small game – November 9 10 through March 6 1.

6. through 7. No change.

(b) through (e) No change.

(3) Everglades and Francis S. Taylor Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 3-18 4-19, Conservation Areas 3A North and 2 only.

2. General gun – Vehicle (airboats and tracked vehicles only), October 24 25 through November 8 9, in Conservation Areas 3A North, 3A South, 2, and the Francis S. Taylor Wildlife Management Area.

3. Archery – August 8-30 9-31, Conservation Area 3A North only.

4. Muzzleloading gun – September 5-13 6-14, in Conservation Area 3A North only.

5. Small game – November 9 10 though March 6 1.

6. through 7. No change.

(b) through (e) No change.

(4) Rotenberger Wildlife Management Area.

(a) Open season:

1. General gun – Walk, October 3-18 4-19.

2. General gun – Vehicle (tracked vehicles only), October 24 25 through November 8 9 (tracked vehicles).

3. Archery – August 8-30 9-31.

4. Muzzleloading gun – September 5-13 6-14.

5. Small game – November 9 10 through March 6 1.

6. through 7. No change.

(b) through (e) No change.

(5) Big Cypress Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Muzzleloading gun – October 10-25 11-26, except in the Deep Lake Unit.

5. Spring turkey – March 5 7 through April 10 12.

6. Special September duck – In the September season as established by Rule 68A-13.003, F.A.C., except on the Bear Island, Addition and Deep Lake Units.

7. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In Zone 3 of the Stairsteps Unit, taking of deer not having at least one antler with two or more points is prohibited. The take of deer in Zone 4 of the Stairsteps Unit is prohibited. The take of wild hog with a shoulder height of less than 15 inches is prohibited. The take of wild hog is prohibited during small game season. The taking of raccoons with a gun and light is prohibited. The taking of turkey or antlerless deer during the archery season is prohibited. Deer, turkey and wild hog bag limit one per day; two annually, except no more than one deer may be taken annually within Zone 3 of the Stairsteps Unit.

(c) through (d) No change.

(6) Okaloacoochee Slough Wildlife Management Area.

(a) Open season:

1. Archery – August 8-14 9-15 and 15-23 16-24.

2. Muzzleloading gun – September 5-7 6-8 and 12-14 13-15.

3. Family Hunt – September 19-20 20-21.

4. General gun – September 26-29 27-30 and September 30 through October 4 1-5.

5. Small game – November 14 15 through December 27 28.

6. Spring turkey – March 5-8 7-10 and 9-13 11-15.

7. through 8. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery, muzzleloading gun, family and general gun seasons, the bag limit for deer shall be one per quota permit. The taking of antlerless deer is prohibited during archery season. One During the spring turkey season, the bag limit for turkey shall be one gobbler or bearded turkey may be taken per spring turkey quota permit. 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, one inch or more in length, is prohibited, except by persons less than 16 years of age.

(c) through (d) No change.

(7) Fisheating Creek Wildlife Management Area.

(a) Open season:

1. Archery – August 21-23 22-24 and 28-30 29-31 west of US Highway 27 only.

2. Muzzleloading gun – September 11-13 12-14 and 18-20 19-21 west of US Highway 27 only.

3. General gun – October 2-4 3-5 and 16-18 17-19 west of US Highway 27 only.

4. Youth Turkey Hunt – February 27-28 28 through March 1 west of US Highway 27 only.

5. Spring turkey – March 5-8 7-10, 11-14 13-16, 18-21 20-23, 25-28 27-30 and April 1-4 3-6 west of US Highway 27 only.

6. Special-opportunity spring turkey – March 5-11 7-13 and 19-25 21-27 east of US Highway 27 only.

7. Wild hog-still– November 21-22 22-23 west of US Highway 27 only.

8. through 10. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers except that turkeys may not be taken during the archery season. 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 bag limit for deer shall be one per person, two per quota hunt permit. During the spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) may be taken per person, but not more than two per quota hunt permit. One During special-opportunity spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) may be taken per special-opportunity spring turkey permit. West of US Highway 27, Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until sunset. During the wild hog-still season, only wild hog may be taken.

(c) through (d) No change.

(8) Picayune Strand Wildlife Management Area.

(a) Open season:

1. Archery – August 8-23 9-24.

2. Muzzleloading gun – September 5-7 6-8 and 12-14 13-15.

3. General gun – October 10-13 11-14, 14-18 15-19 and 19-25 20-26.

4. Small game – November 7 8 through December 27 28.

5. Spring turkey – March 5-8 7-10 and 9-13 11-15.

6. through 7. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the archery season, the bag limit for deer and wild hog shall be one each. During the muzzleloading gun and general gun seasons, the bag limit for deer shall be one per person, two per quota permit and the bag limit for wild hog shall be one per permit. Wild hog: daily bag, 1; possession limit, 2. The take of wild hog with a shoulder height of less than 15 inches is prohibited. The take of wild hog is prohibited during small game season. The taking of antlerless deer and turkey is prohibited during archery season. One During the spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) may be taken per spring turkey quota permit.

(c) No change.

(d) General regulations:

1. through 4. No change.

5. Conditional non-native snakes and lizards as listed in subsection 68-5.002(4), F.A.C., may be taken during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.

6. Guns are a prohibited method of take for Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized.

7. Conditional non-native snakes and lizards shall not be removed from the area alive.

8. Persons that take any Conditional non-native snakes and lizards shall report the take within 36 hours, and shall provide all data requested.

(9) Dinner Island Ranch Wildlife Management Area.

(a) Open season:

1. Archery – August 7-10 8-11, 14-17 15-18, 21-24 22-25 and 28-31 August 29 through September 1.

2. Muzzleloading gun – September 11-13 12-14.

3. General gun – September 19-21 20-22, 25-27 26-28 and October 2-4 3-5.

4. Small game – October 31 November 1 through the Sunday prior to the youth turkey hunt.

5. Family hunt – October 10-11 11-12 and 17-18 18-19.

6. Youth Turkey Hunt – February 27-28 28 through March 1.

7. Spring turkey – March 5-7 7-9, 12-14 14-16 and April 2-4 4-6.

8. through 10. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer and turkey shall be one per quota permit. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until sunset. The taking of antlerless deer and turkey is prohibited during archery season. 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, one inch or more in length, is prohibited, except by persons less than 16 years of age. The take of deer is prohibited during the family hunt. Wild hog: daily bag one; possession limit two.

(c) through (d) No change.

(10) Spirit-of-the-Wild Wildlife Management Area.

(a) Open season:

1. Archery – August 7-10 8-11, 14-17 15-18, 21-24 22-25 and 28-31 August 29 through September 1.

2. Muzzleloading gun – September 11-13 12-14.

3. General gun – September 19-21 20-22, 25-27 26-28, and October 2-4 3-5.

4. Small game – October 31 November 1 through the Sunday prior to the youth turkey hunt.

5. Youth Turkey Hunt – February 27-28 28 through March 1.

6. Spring turkey – 5-7 7-9, 12-14 14-16 and April 2-4 4-6.

7. through 8. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer and turkey shall be one per person, two per quota permit. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. The taking of antlerless deer and turkey is prohibited during archery season. 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, one inch or more in length, is prohibited, except by persons less than 16 years of age. Wild hog: daily bag one; possession limit two.

(c) No change.

(d) General regulations:

1. through 2. No change.

3. Vehicles may be operated only on named or numbered roads. During the archery, muzzleloading gun, and general gun seasons vehicles may also be operated on named or numbered trails by individuals participating in the hunt.

4. through 7. No change.

(11) Allapattah Flats Wildlife Management Area.

(a) Open season:

1. Archery – September 12-15 13-16, 19-22 20-23, September 27-29 28-30 and October 3-6 4-7.

2. Muzzleloading gun – October 17-19 18-20.

3. Family hunt – October 31 through November 3 1-4.

4. General gun –November 7-11 8-12.

5. Small game – November 14 15 through the second Sunday in January.

6. Spring turkey – March 5-8 7-10 and 9-13 11-15.

7. through 8. No change.

(b) Legal to take: All legal game, fish, 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. Turkey may only be taken during the spring turkey season. The bag limit for deer shall be one per quota permit, except during the family hunt when the bag limit for deer shall be one per person, but no more than two per quota permit. One gobbler (or bearded turkey) may be taken per spring turkey quota permit.

(c) through (d) No change.

PROPOSED EFFECTIVE DATE: July 1, 2015

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, 7-27-83, 9-27-83, 7-5-84, 7-1-85, 5-7-86, 8-5-86, 5-10-87, 8-24-87, 5-1-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-1-92, 7-1-93, 7-1-94, 7-1-95, 8-15-95, 7-1-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 7-1-98, 7-2-98, 7-1-99, Formerly 39-15.064, Amended 11-17-99, 7-1-00, 7-1-01, 6-2-02, 2-27-03, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 1-19-10, 7-1-10, 8-26-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 9-18-14, 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: 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