The purpose of the proposed rule amendment is to establish regulations regarding a telephone and internet based white-tailed deer harvest reporting system. The effect of the proposed rule amendment will be to enable the agency to better manage white-...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

Rule No. : RULE TITLE :
68A-12.003: Protection of Certain Deer and Turkey; Tagging of Deer and Turkey; Evidence of Sex Required
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to establish regulations regarding a telephone and internet based white-tailed deer harvest reporting system. The effect of the proposed rule amendment will be to enable the agency to better manage white-tailed deer populations throughout the state.
SUMMARY: The proposed rule amendment would require all hunters to report harvested deer to a telephone and internet based deer harvest reporting system that would be available 24 hours a day; require all deer hunters to use deer harvest tags; require hunters to record their first and last name, customer number (if applicable) and telephone number of the person who killed it, the date and county where taken and the sex of the deer taken on the harvest tag prior to field dressing or moving the deer from the point of harvest; require harvest tags be securely affixed to the harvested deer immediately upon arrival at a residence or camp and prior to loading the deer onto any conveyance (truck, ATV, boat, etc.) and remain on the deer until the deer is processed; require all hunters to report harvested deer by midnight the day after leaving the hunted area (e.g., WMA, public hunting area, lease, farm, etc); require hunters to report their deer harvest prior to dropping off any portion of a deer off at a taxidermist or meat processor; require hunters to record the harvest reporting system confirmation number on the harvest tag immediately after the deer is reported; and require exempt hunters to obtain a customer number prior to hunting and to renew their customer number every 5 years or when the person’s address or name changes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not 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.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 23-24, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 3rd Floor Courtroom, 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: 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-12.003 Protection of Certain Deer and Turkey; Tagging of Deer and Turkey; Deer Harvest Reporting; Evidence of Sex Required.

(1) Turkey:

(a) It is unlawful for any person to take or possess any unbearded turkey hen during any gobbler season or any antlerless deer within the state unless authorized by these rules.

(b)(2) Positive evidence of sex identification, including the head, shall remain on deer taken or killed within the state and on all turkey taken during any gobbler season when taking of turkey hens is prohibited so long as such deer or turkey is kept in camp or forest or is en route to the domicile of its possessor or until such deer or turkey has been cooked or stored at the domicile of its possessor.

(c)(3) Turkey Deer and turkey may be dismembered in the field or camp but each portion shall have a tag affixed to it identifying the name, address, customer number hunting license number (if a hunting license is required) of the person who killed it, the date and location at which it was taken, and shall be readily traceable to the portion of the animal bearing the sex identification.

(2) Deer:

(a) Immediately after taking a deer, and prior to moving the carcass from the point of harvest, a person shall accurately record, in writing, on a harvest tag authorized by the Commission: the first and last name, customer number (if applicable) and telephone number of the person who killed it, the date and county where taken and the sex of the deer taken. The harvest tag may remain on the taker’s person while the harvested deer is being physically dragged from the point of harvest. The harvest tag must be securely affixed to the harvested deer immediately upon arrival at a residence or camp and prior to loading the deer onto any conveyance and shall remain on the deer until the deer is processed.

(b) Positive evidence of sex identification, including the head, shall remain on harvested deer for the duration that such deer is kept in camp or forest or is en route to the domicile of its possessor or until such deer has been cooked or stored at the domicile of its possessor.

(c) Properly tagged deer may be dismembered in the field or camp but each portion shall have a tag affixed to it identifying the first and last name, customer number and telephone number of the person who killed it, the date and county where taken and the sex of the deer taken, and shall be readily traceable to the portion of the animal bearing the sex identification.

(d) All harvested deer shall be accurately reported through the Commission’s Harvest Reporting System prior to midnight the day after leaving the hunted land unit (managed area, public hunting area, hunt club, hunt lease, farm, residence, etc.), prior to final processing, prior to any parts of the deer being transferred to any meat processor or taxidermist or prior to leaving the state. Harvest reporting must be done by the taker of the deer or in the taker’s immediate presence. The Havest Reporting System will provide a confirmation number once a harvest has been succesfully reported and the confirmation number shall be immediately recorded on the harvest tag.

(e) Anyone taking deer must have a customer number. Exempt hunters shall obtain a customer number prior to hunting and shall renew their customer number every 5 years or when the person’s address or name changes.

PROPOSED EFFECTIVE DATE: July 1, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-21-82, Formerly 39-12.03, Amended 4-11-90, Formerly 39-12.003, Amended 7-1-11.

 

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: 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: December 1, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 14, 2011