The purpose of the proposed rule amendment is to remove certain restrictions on methods for taking deer and wild turkeys. The effect of the proposed rule amendment will be to allow the use of pre-charged pneumatic air guns propelling a single ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.002General Methods of Taking Game and Crows; Prohibitions

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to remove certain restrictions on methods for taking deer and wild turkeys. The effect of the proposed rule amendment will be to allow the use of pre-charged pneumatic air guns propelling a single projectile for taking deer and wild turkey.

SUMMARY: The proposed rule amendment would allow the use of pre-charged pneumatic air guns propelling a single projectile (to include a single bullet of no less than .40 caliber or an arrow or bolt) to take deer during the general gun season and to allow the use of pre-charged pneumatic air guns propelling a single projectile (to include a single bullet of no less than .20 caliber or an arrow or bolt) to take wild turkey during the fall and spring turkey seasons. Additionally, the proposed rule amendment would clarify the rule references to turkey.

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:

DATES AND TIMES: 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-12.002 General Methods of Taking Game and Crows; Prohibitions.

(1) through (2) No change.

(3) Resident game birds, crows or game mammals may be taken with any of the following:

(a) through (b) No change.

(c) Air guns, except that: may be used to take gray squirrel and rabbit only.

1. Only pre-charged pneumatic air guns .40 caliber or greater propelling a single projectile (to include an arrow or bolt meeting specifications outlined in subparagraph (3)(e)) may be used for taking deer.

2. Only pre-charged pneumatic air guns .20 caliber or greater propelling a single projectile (to include an arrow or bolt meeting specifications outlined in subparagraph (3)(e)) may be used for taking wild turkey.

(d) No change.

(e) Bow or crossbow, except that:

1. Any arrow or bolt used to take deer, bear or wild turkey shall be equipped with a broadhead that has a minimum of two sharpened edges with a minimum width of 7/8 inches.

2. The take of game specified for any archery season with any gun other than a bow or crossbow is prohibited during any special archery season except this subparagraph shall not limit the methods of take of game specified for any coinciding season.

3. No change.

(f) No change.

(4) through (7) No change.

(8) No person shall:

(a) through (h) No change.

(i) Take any wild turkey while it is on the roost.

(j) through (k) No change.

(9)(a) Game feeding stations may be maintained for the purpose of propagating quail, wild turkey, and other wild game under natural conditions.

(b) through (d) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-12.02, Amended 6-1-86, 4-11-90, 4-14-92, 4-20-93, 3-1-94, 3-30-95, 4-1-96, 12-28-98, Formerly 39-12.002, Amended 7-1-05, 7-1-06, 7-1-08, 10-23-08, 1-1-11, 7-1-13, 12-23-14, 7-29-15,      .

 

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 06, 2017

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