The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) and conform date changes to calendar year. The effect of the proposed rule amendment will be to enable the agency to better ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-17.005Specific Regulations for Wildlife and Environmental Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) and conform date changes to calendar year. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WEAs.

SUMMARY: The proposed rule amendment would adjust season dates to conform to the calendar year and revise specific area regulations on Wildlife and Environmental Areas (WEAs).

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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) Southwest Region.

(a) through (e) No change.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

1. Open season:

a. Archery – September 21-23 22-24 and October 12-14 13-15.

b. General gun – November 16-18 17-19.

c. Small game – December 7-9 8-10, 21-23 22-24, opening 3 days prior to the third Monday in January and closing 3 days thereafter and February 1-3 2-4.

d. Wild hog-still – May 4-5 5-6 and 11-12 12-13.

e. Youth turkey hunt – March 9-10 10-11.

f. Spring turkey – March 16-18 17-19 and March 29-31 30 through April 1.

g. No change.

2. through 3. No change.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. Open season:

a. Archery – September 21 22 through October 19 20.

b. Muzzleloading gun – October 20-22 21-23.

c. Archery and muzzleloading gun – November 3 4 through December 30 31.

d. Spring turkey – March 16 17 through April 21 22.

e. through f. No change.

2. through 3. No change.

(b) Fort White Mitigation Park – Gilchrist County.

1. Open season:

a. Archery season – October 20-24 21-25, 27-31 October 28 through November 1 and November 10-14 11-15.

b. Small game – November 15 16 through March 3 4.

c. Youth spring turkey – March 9-10 10-11.

d. Spring turkey – March 16-20 17-21 and 23-27 24-28.

e. through g. No change.

2. through 4. No change.

(c) Suwannee Ridge – Hamilton County.

1. Open season:

a. Mobility-impaired general gun – October 12-14 13-15, 26-28 27-29, November 2-4 3-5 and December 14-16 15-17.

b. Mobility-impaired spring turkey – March 22-24 23-25 and April 12-14 13-15.

2. through 3. No change.

(d) Branan Brannan Field Mitigation Park – Duval and Clay counties.

1. through 3. No change.

(e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – September 22-26, 23-27 and September 28 29 through October 2 3 and October 5-9 6-10.

b. Muzzleloading gun season – October 20-22 21-23.

c. Family hunt – November 3-4 4-5 and 10-11 11-12.

d. Wild hog-still – January 19-23 20-24 and 26-30 27-31.

e. Small game – November 12 13 through January 18 19 and January 31 February 1 through March 3 4.

f. Youth spring turkey – March 9-10 10-11.

g. Spring turkey – March 16-18 17-19 and 22-24 23-25.

h. through j. No change.

2. through 3. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – October 13-21 14-22.

b. Small game – November 17 18 through December 2 3 and December 15 16 through January 6 7.

c. Youth spring turkey – March 9-10 10-11.

d. through g. No change.

2. through 3. No change.

(3) Northwest Region.

(a) No change.

(b) Apalachicola River – Gulf, and Franklin, and Liberty counties.

1. Open seasons:

a. through f. No change.

g. Wild hog-dog – Opening the third Friday and closing 2 days thereafter in the months of July, August, September, May and June, except in that portion of the area east west of the Apalachicola River, east west of the East River and north south of Sam’s Creek Cut-off.

h. through k. No change.

1. through 2. No change.

3. Camping: Throughout the year. A permit as provided by paragraph 68A-17.004(8)(a), F.A.C., is required if camping within any designated campground. In the remainder of the area, camping is limited to 14 consecutive days and prohibited where posted as no camping; except that camping is prohibited in the Tate’s Hell State Forest portion of the area. Camping is limited to tents, trailers or self-propelled camping vehicles. Unless contained in mobile campers, kitchen stoves, refrigerators and freezers are prohibited. Lumber, sheet metal or other building materials are prohibited.

4. No change.

(c) L. Kirk Edwards – Leon County.

1. No change.

2. Open seasons for that portion of the area east of Chaires Cross Road:

a. Archery – September 27-30 28 through October 1, October 11-14 12-15 and 25-28 26-29.

b. Family hunt – November 1-4 2-5.

c. Archery and muzzleloading gun – November 22-25 23-26, November 29 30 through December 2 3 and December 13-16 14-17.

d. Small game – November 10-21 11-22, 26-28 27-29, December 3-12 4-13, and December 17 18 through March 3 4.

e. through h. No change.

3. through 4. No change.

(4) South Region.

(a) Southern Glades – Dade County.

1. Open season:

a. Archery – July 28 29 through August 26 27.

b. Muzzleloading gun – September 7-9 8-10.

c. General gun – September 15 16 through October 14 15 and November 19-25 20-26.

d. Small game – November 26 27 through February 24 25.

e. through g. No change.

2. No change.

3. General regulations:

a. through c. No change.

d. The use of tracked vehicles, buggies, airboats, motorcycles, and all-terrain vehicles is prohibited in the area except that airboats may be used in Units 3 1 and 4 from the day following the close of the general gun season through March 1, only and outboard motor boats may be used within canals, and vehicles may be operated on named or numbered roads.

e. No change.

f. Non-native reptiles Conditional non-native snakes and lizards as listed in subsection 68-5.002(4), F.A.C., may be taken year round after the last day of small game season through the second Sunday in April and 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.

g. Guns are a prohibited method of take for non-native reptiles Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and after the last day of small game season through the second Sunday in April when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.

h. Conditional non-native snakes and lizards, as listed in subsection 68-5.002(4), F.A.C., shall not be removed from the area alive.

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

i.j. The day after small game season ends through the second Sunday in April shooting hours for non-native reptiles Conditional non-native snakes and lizards shall be 1/2 hour before sunrise until 1/2 hour after sunset.

(b) John G. and Susan H. Dupuis Jr. – Palm Beach and Martin counties.

1. Open season:

a. Archery – September 7-9 8-10, 14-16 15-17 and 21-23 22-24.

b. Muzzleloading gun – October 5-7 6-8, 12-14 13-15 and 19-21 20-22.

c. General gun for mobility-impaired – October 27-28 28-29.

d. General gun – November 2-4 3-5 and 9-11 10-12.

e. Wild hog-still – November 13-15 14-16, November 27-29 28-30, and opening the second Saturday in April and closing 8 days thereafter, and opening the second Saturday in May and closing 8 days thereafter.

f. Youth turkey hunt – February 23-24.

g.f. Spring turkey – March 5-7 6-8, 15-17 16-18 and 22-24 23-25.

h.g. Small game – December 1 2 through January 20 21.

h. renumbered i. No change.

j.i. Fishing is allowed year round when public access is allowed.

j. Frogging is prohibited.

2. No change.

3. Camping – Prohibited, except at designated campsites and except that a special use license issued by the South Florida Water Management District shall be required for camping at the Group Campground, Family Use Campground, and Equestrian Campground During the archery, muzzleloading gun, general gun, general gun for mobility-impaired, and spring turkey seasons, only those persons participating in the hunt shall camp on the area and camping is permitted only on the campsite adjacent to Gate 3. Authorized camping equipment may be taken on the area after 8:00 a.m. one day before each hunt, and shall be removed from the area before 5:00 p.m., one day following each hunt of the archery, muzzleloading gun, general gun, general gun for mobility-impaired, and spring turkey seasons. During the remainder of the year, camping is allowed at designated primitive campsites on hiking trails, the Family Use campground on Jim Lake Grade, and at the designated equestrian staging area at Gate 3.

4. General regulations:

a. through e. No change.

f. Horses are prohibited during the archery, muzzleloading gun, general gun, general gun for mobility-impaired and spring turkey seasons. During the remainder of the year horses may be used only on designated equestrian trails and named or numbered roads. Persons horseback riding on the area shall enter and exit only at Gate 3.

g. During the archery, muzzleloading gun, general gun, general gun for mobility-impaired, spring turkey and wild hog-still seasons, hunters shall check in and out at the check station at Gate 3 and check all game taken. During periods when the check station is staffed, hunters shall check in and out at the check station and check all game taken, and no deer, wild hog, or turkey may be dismembered until checked at the check station. Hunters must During the small game season, hunters shall enter and exit the area through the designated entrance where the check station is located through  Gate 1.

h. During the small game season and periods when the area is closed to hunting, vehicle access is through Gate 1 and hiking access is through Gate 2 by foot only. People through-hiking on the Florida Trail may enter or exit the area through the Florida Trail.

i. During the archery, muzzleloading gun, general gun, general gun for mobility-impaired and spring turkey seasons, no person shall enter or exit the area except through Gate 3 and all such persons shall possess a valid quota hunt permit for the area or be a guest of a valid quota permit holder as provided in Rule 68A-15.005, F.A.C. During the wild hog-still season, no person shall enter or exit the area except through Gate 3.

j. through l. renumbered h. through j. No change.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. Archery – August 4-12 5-13.

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

c. General gun – November 17-25 18-26.

d. Small game – December 1-30 2-31.

e. Spring turkey – March 2-5 3-6 and 6-10 7-11.

f. through h. No change.

2. through 4. No change.

(d) No change.

(e) John C. and Mariana Jones/Hungryland – Palm Beach and Martin Counties.

1. Open season:

a. Archery – September 8-11 9-12, 15-18 16-19, September 22-25 23-26 and September 29 30 through October 2 3.

b. Muzzleloading gun – October 13-15 14-16.

c. General gun – October 27-29 28-30, November 3-5 4-6 and 10-12 11-13.

d. Small game – November 17 18 through the second Sunday in January December 17.

e. Spring turkey – March 16-31 17 through April 1 (Wednesdays, Saturdays and Sundays only).

f. through h. No change.

2. through 4. No change.

(5) Northeast Region. Split Oak Forest Mitigation Park – Orange and Osceola counties.

(a) Possession of any animal is prohibited except horses are allowed by permit.

(b) through (d) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 7-1-83, Amended 11-30-83, 7-1-84, 8-21-85, Formerly 39-17.05, Amended 6-1-86, 8-13-87, 8-18-88, 8-17-89, 4-11-90, 7-1-91, 10-31-91, 4-14-92, 4-20-93, 7-1-94, 9-15-94, 3-30-95, 8-15-95, 7-1-96, 4-3-97, 10-28-97, 7-1-98, 8-11-98, 7-1-99, Formerly 39-17.005, Amended 7-1-00, 5-1-01, 6-2-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 1-6-09, 7-1-09, 10-29-09, 7-1-10, 7-1-11, 11-14-11, 7-1-12, 7-26-12, 7-1-13, 7-1-14, 7-2-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17,         .

 

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