The purpose of the proposed rule amendment is to simplify regulations pertaining to evidence of legal harvest for wild turkey and deer. The effect of the proposed rule changes will be to enable the agency to better manage ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-12.003Protection of Certain Deer and Turkey; Tagging of Deer, Bear, and Turkey; Deer and Wild Turkey Harvest Reporting; Evidence of Sex Required

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to simplify regulations pertaining to evidence of legal harvest for wild turkey and deer. The effect of the proposed rule changes will be to enable the agency to better manage turkey and deer populations throughout the state.

SUMMARY: The proposed rule amendment would modify current regulations as follows:

Evidence of legal turkey harvest – remove the requirement to keep positive evidence of sex, including the head, and if applicable, the beard, “on” the carcass, and instead require those who possess a harvested wild turkey or its parts to keep the head, and if applicable, the beard “with” the carcass as evidence of legal harvest until a harvested wild turkey arrives at a taxidermist, meat processor, the home of its possessor, or is cooked, except those who are unable to possess evidence of legal harvest are only required to provide the identifying information of the harvester.

Evidence of legal deer harvest – remove the requirement to keep positive evidence of sex, including the genitals and the head, with the deer or its parts, and instead require that at least the skull plate, with any antler if applicable, be kept as evidence of legal harvest until a harvested deer arrives at a taxidermist, meat processor, the home of its possessor, or is cooked, except those who are unable to possess evidence of legal harvest are only required to provide the identifying information of the harvester.

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: 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 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-12.003 Protection of Certain Deer and Turkey; Tagging of Deer, Bear, and Turkey; Deer and Wild Turkey Harvest Reporting; Evidence of Legal Harvest or Sex Required.

(1) Wild Turkey:

(a) It is unlawful for any person to take or possess any beardless unbearded wild turkey hen during any season that allows gobblers or bearded hens to be taken within the state unless authorized by Division 68A, F.A.C. For any harvested wild turkey during any season when taking a beardless wild turkey hen is prohibited, positive evidence of legal harvest must be possessed, and the identifying information of the harvester must be provided, as described herein. For any harvested wild turkey during any season when a beardless wild turkey hen is legal to take, the identifying information of the harvester must be provided as described herein. For the purposes of subsection (1), positive evidence of legal harvest is the head, and if applicable, the beard, and the identifying information of the harvester is their first and last name and either their Commission-issued customer identification number or their harvest reporting confirmation number.

(b) Harvested wild turkey may be transferred whole or divided and transferred in portions or parts from the harvester to other persons in the field or camp. Positive evidence of sex identification, including the head, and if applicable, the beard, shall remain on all wild turkey taken during any season when taking of unbearded wild turkey hens is prohibited so long as such wild turkey If transferred whole, the possessor must retain positive evidence of legal harvest and provide the identifying information of the harvester. If transferred in portions or parts, the harvester must retain positive evidence of legal harvest and any possessor of the portions or parts must provide the identifying information of the harvester. If the harvester retains the whole harvested wild turkey in their possession, then they must possess positive evidence of legal harvest and provide their identifying information. Positive evidence of legal harvest and the identifying information of the harvester must be retained until a harvested wild turkey arrives at is kept in the field or camp or is en route to a meat processor, taxidermist, or the domicile of its possessor, or until such wild turkey has been cooked, and must be provided upon request by Law Enforcement or stored at the domicile of its possessor.

(c) Wild turkey may be dismembered and/or transferred to another person in the field or camp. The possessor of any harvested wild turkey, or portions and parts thereof, shall provide the first and last name of the person who harvested it, the FWC-issued customer number of the person who harvested it, or the harvest reporting confirmation number and positive evidence of sex, including the head, and if applicable, the board, upon request by Law Enforcement Officers of and the Commission.

(d) renumbered (c) No change.

(2) Deer:

(a) For any harvested deer, positive evidence of legal harvest must be possessed, and the identifying information of the harvester must be provided, as described herein. For the purposes of subsection (2), positive evidence of legal harvest is the skull plate, and if applicable, any attached antler, and the identifying information of the harvester is their first and last name and either their Commission-issued customer identification number or their harvest reporting confirmation number. Harvested deer may be transferred whole or divided and transferred in portions or parts from the harvester to other persons in the field or camp. If transferred whole, the possessor must retain positive evidence of legal harvest and provide the identifying information of the harvester. If transferred in portions or parts, the harvester must retain positive evidence of legal harvest and any possessor of the portions or parts must provide the identifying information of the harvester. If the harvester retains the whole harvested deer in their possession, then they must possess positive evidence of legal harvest and provide their identifying information. Positive evidence of legal harvest and the identifying information of the harvester must be retained until a harvested deer arrives at Positive evidence of sex identification, including the head with any antler or antlers if applicable, shall remain with any deer for the duration that such deer is kept in the field or camp or is en route to a meat processor, taxidermist, or the domicile of its possessor, or until such deer has been cooked, and must be provided upon request by Law Enforcement or is stored at the domicile of its possessor.

(b) Deer may be dismembered and/or transferred to another person in the field or camp. The possessor of any harvested deer, or portions and parts thereof, shall provide the first and last name of the person who harvested it, the FWC-issued customer number of the person who harvested it, or the harvest reporting confirmation number and positive evidence of sex upon request by Law Enforcement Officers of the Commission.

(c) renumbered (b) No change.

(3) Bear:

(a) Positive evidence of sex identification in the form of testicles, penis, penis sheath, udder or vulva shall remain naturally attached to the carcass of all bear taken and shall remain attached until the bear is checked at a Commission Commisssion designated check station.

(b) 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 5-19-80, 6-21-82, Formerly 39-12.03, Amended 4-11-90, Formerly 39-12.003, Amended 7-29-15, 7-1-19, 7-26-21, 7-1-22, 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