The purpose of the proposed rule amendment is to make technical corrections to the terms “Gun” and “Muzzleloading gun”. The effect of the proposed rule amendment will be to clarify these terms based on the incompatibility ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-1.004Definitions

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to make technical corrections to the terms “Gun” and “Muzzleloading gun”. The effect of the proposed rule amendment will be to clarify these terms based on the incompatibility of federal firearm definitions with the term “Muzzleloading gun”, as defined in Florida Administrative Code (F.A.C.).

SUMMARY: The proposed rule amendment adjusts current definitions as follows:

Gun – adds the term “Muzzleloading gun”, as defined in Subsection 68A-1.004(46), F.A.C., which includes muzzleloading long guns (rifled or smoothbore barrels), shotguns, pistols, and revolvers. Previously, this subsection treated “muzzleloading rifles”, “muzzleloading shotguns”, “muzzleloading pistols”, and “muzzleloading revolvers” as “rifles”, “shotguns”, “pistols”, and “revolvers”, respectively, even though muzzleloading guns do not meet the respective federal definitions of “rifle”, “shotgun”, “pistol”, or “revolver”.

Muzzleloading gun – modifies the existing language to include muzzleloading revolvers, which are loaded from the muzzle end of the cylinder chamber, as opposed to other muzzleloading guns, which are loaded from the muzzle of the barrel

Additionally, the proposed rule amendment corrects grammatical errors.

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.

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: Art. IV, Sec. 9, Fla. Const.

LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 21-22, 2024, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Donald L. Tucker Civic Center, 505 West Pensacola Street, Tallahassee, Florida, 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: Paul Scharine, Public Hunting Areas Program Coordinator, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600; [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-1.004 Definitions.

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) through (39) No change.

(40) Gun – Shotgun, rifle, pistol, revolver, muzzleloading gun (including muzzleloading long gun with rifled or smoothbore barrel, shotgun, pistol, and revolver), air gun, gas gun, blow gun, bow, crossbow, or any other device mechanically propelling an arrow, spear, or other projectile.

(41) Legal game – Game birds, game mammals, and crows (during open seasons established by Rule 68A-13.008, F.A.C.), and non-protected birds, non-protected mammals, and wild hog unless otherwise stipulated for a particular species in a regulation established for a specific wildlife management area, wildlife and environmental area, public small game hunting area or public use area.

(42) through (45) No change.

(46) Muzzleloading gun – A firearm designed to have projectiles loaded through the muzzle, or the muzzle end of the cylinder chamber, and is fired by wheel lock, flintlock, percussion cap, or centerfire primer.

(47) through (49) No change.

(50) Non-protected mammals – armadillo, black or Norway norway rat, and house mouse.

(51) through (94) No change.

PROPOSED EFFECTIVE DATE: July 1, 2024

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, 4-1-07, 7-1-08, 10-23-08, 7-1-10, 11-8-10, 1-1-11, 4-9-13, 7-29-15, 5-11-16, 7-1-18, 7-1-21, 7-1-22, 7-1-23, 7-1-24.

 

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 5, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2023