The purpose of the proposed rule amendment is to revise specific area regulations on miscellaneous areas, specifically for Babcock Ranch Preserve, and conform date changes to calendar year. In addition, the proposed rule amendment establishes the ...

 

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, specifically for Babcock Ranch Preserve, and conform date changes to calendar year. In addition, the proposed rule amendment establishes the Kissimmee Chain of Lakes, Rolling Meadows Unit. 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 in miscellaneous areas, specifically the Babcock Ranch Preserve, to conform date changes to calendar year and revise specific area regulations. In addition, the proposed rule amendment would establish the Kissimmee Chain of Lakes, Rolling Meadows Unit and establish rules consistent with the Kissimmee Chain of Lakes WMA (regulations for Kissimmee Chain of Lakes WMA, including statewide hunting seasons and no quota requirement to apply to the Rolling Meadows Unit), except that motorized vehicles and vessels will be prohibited and centerfire rifles will be allowed.

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 DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 7-8, 2018, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Florida Public Safety Institute, 85 Academy Drive, Havana, Florida 32333.

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: 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) through (2) No change.

(3) Babcock Ranch Preserve.

(a) Open season (in the Tier I hunt area):

1. Archery – July 28-31 29 through August 1 and August 4-7 5-8.

2. Muzzleloading gun – September 1-3 2-4.

3. Family – September 15-16 16-17 and December 15-16 16-17.

4. General gun for mobility-impaired – November 30 through December 2 1-3.

5. General gun – September 21-23 22-24, September 28-30 29 through October 1 and December 7-9 8-10.

6. Small game – January 5-20 6-21 and February 2-3 3-4 (Saturdays and Sundays only).

7. Spring turkey – March 2-4 3-5 and 9-11 10-12.

8. through 9. No change.

(b) through (f) No change.

(4) through (5) No change.

(6) Kissimmee Chain of Lakes Area - Rolling Meadows Unit.

(a) Open season:

1. Non-migratory game – During Zonal seasons established under Rule 68A-13.004, F.A.C., except deer and turkey shall only be taken during those seasons established for Zone B and crossbow season shall be the last 5 days of the Zone B crossbow season only.

2. Migratory birds – Statewide regulations established under Rules 68A-13.003 and 68A-13.008, F.A.C., except that open season for crow shall be during the first phase of crow season only.

3. Furbearers – During zonal antlered deer season established for Zone B only.

4. Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game, wild turkey (bearded turkey or gobblers only), wild hog, non-protected mammals, furbearers (except bobcat and otter), fish and frogs. 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) General regulations:

1. Taking deer and furbearers with dogs is prohibited.

2. Dogs on leashes may be used for trailing wounded game.

3. Shooting frogs shall be allowed only during hunting seasons established for this area and only with guns that are legal methods of take during each open hunting season.

4. Motorized vehicles and vessels are prohibited.

5. Taking wildlife is prohibited on, from or across the levees.

6. Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited.

7. No person shall place, expose or distribute any grain or other food for wildlife except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited.

8. Wild hog may be taken in accordance with the following provisions:

a. Wild hog may be taken throughout the year with no size or bag limit.

b. Wild hog may only be taken with a gun from one-half hour before sunrise to one-half hour after sunset. Wild hog may not be taken with a gun at night.

c. Wild hog may not be transported alive.

9. Non-protected mammals may be taken during any season open for the taking of game mammals, with no size or bag limit.

10. The regulations contained in Rules 68A-15.004 F.A.C., not in conflict with specific area regulations, shall apply to this area.

11. Erecting or maintaining tree stands more than ten days before the start of archery season or more than ten days after the end of spring turkey season is prohibited.

12. Fires are prohibited.

13. Tampering with or destruction of equipment, improvements, and water control structures is prohibited.

14. Construction or use of permanent blinds or structures is prohibited.

15. Releasing wildlife of any species is prohibited unless authorized by permit from the Executive Director.

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, 7-1-16, 7-1-17,      .

 

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 6, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2018