The purpose of the proposed rule amendment is to minimize conflict related to the use of free-running dogs to pursue deer, wild hog, fox or coyote on public and private lands. The effect of the proposed rule amendment will be that all dogs not under ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.007Hunting Dogs; Molesting Game in Closed Season; Training; Field Trials; Prohibited for Certain Hunting

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to minimize conflict related to the use of free-running dogs to pursue deer, wild hog, fox or coyote on public and private lands. The effect of the proposed rule amendment will be that all dogs not under physical restraint used to pursue deer, wild hog, fox or coyote must be equipped and monitored with devices that allow remote tracking and behavior correction.

SUMMARY: The proposed rule amendment would require that all dogs not under physical restraint used for pursuing deer, wild hog, fox and coyote (except for dogs used to pursue wild hog, fox or coyote during sanctioned mounted field trial events) must be equipped and monitored with devices that allow remote tracking (Global Positioning System (GPS) or telemetry) and behavior correction. The device(s) must be attached by a collar or similar means and must be used to prevent dog egress from authorized areas or ingress into unauthorized areas. Removing, tampering, or otherwise interfering with any collar or tag (including remote tracking devices and behavior correction collars) of a dog used for hunting without the owner’s permission is prohibited. The tracking device requirement in this rule would not take effect until July 1, 2021 and the correction device requirement in this rule would not take effect until July 1, 2022.

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 19-20, 2020, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Donald L. Tucker Civic Center, 505 West Pensacola Street, Tallahassee FL, 32301.

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: George Warthen, 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-12.007 Hunting Dogs; Molesting Game in Closed Season; Training; Field Trials; Prohibited for Certain Hunting.

(1) All dogs used for taking or attempting to take, trailing, pursuing, or molesting wildlife shall wear a collar or tag which shall legibly display the name and address of the owner of the dog. No person shall use any dog to take or attempt to take, trail, pursue or molest wildlife unless such dog is wearing a collar or tag displaying the information required above. Removing, tampering, or otherwise interfering with any collar or tag (including remote tracking and behavior correction devices) of a dog used for hunting without the owner’s permission is prohibited.

(a) All dogs not under physical restraint that are used for pursuing deer, wild hog, fox, or coyote must be equipped and monitored with devices that allow remote tracking and behavior correction, except dogs used to pursue wild hog, fox or coyote during sanctioned mounted field trial events. The device(s) must be attached by a collar or similar means and must be used to deter dog egress from authorized areas or ingress into unauthorized areas. The remote tracking device(s) must include Global Positioning System (GPS) or telemetry tracking. Effective Dates: The remote tracking device requirement in this paragraph shall not take effect until July 1, 2021 and the behavior correction device requirement in this paragraph shall not take effect until July 1, 2022.

(2) through (11) No change.

 

PROPOSED EFFECTIVE DATE: July 1, 2020

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 6-21-82, 7-27-83, 7-5-84, 7-1-85, Formerly 39-12.07, Amended 4-11-90, 3-1-94, 7-1-94, 9-7-97, Formerly 39-12.007, Amended 12-9-99, 8-22-04, 7-17-05, 7-1-08, 7-1-10, 7-29-15, 7-1-20.

 

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: George Warthen, 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 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2019