The purpose of the proposed rule amendment is to make a correction resulting from the incompatibility of the term “Muzzleloading gun”, as defined in Florida Administrative Code, with federal firearm definitions. The effect ....

 

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 make a correction resulting from the incompatibility of the term “Muzzleloading gun”, as defined in Florida Administrative Code, with federal firearm definitions. The effect of the proposed rule amendment will be to allow muzzleloading guns in addition to rifles, shotguns, pistols, and revolvers.

SUMMARY: The proposed rule amendment allows the use of muzzleloading guns firing one or more balls when taking non-migratory game and crows and allows the use of muzzleloading guns firing two or more balls when taking migratory game birds.

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: 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-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) Centerfire sShotgun.

(b) Rifle, muzzleloading gun, revolver or pistol, except that:

1. through 6. No change.

(c) through (f) No change.

(4) Migratory game birds may be taken with any of the following:

(a) Centerfire and muzzleloading sShotguns not larger than 10 gauge and centerfire shotguns incapable of holding more than three shells in the magazine and chamber combined, unless plugged with a one-piece filler incapable of removal without disassembling the shotgun, so its capacity does not exceed 3 shells in the magazine and chamber combined.

(b) through (c) No change.

(5) through (9) 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 6-4-81, 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, 7-1-18, 7-1-19, 7-1-20, 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