The purpose of the proposed rule amendment is to revise regulations regarding hunting equipment and deer-dog hunting on Wildlife and Environmental Areas (WEAs). The effect of the proposed rule amendment will be to reduce ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-17.004General Regulations Relating to Wildlife and Environmental Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations regarding hunting equipment and deer-dog hunting on Wildlife and Environmental Areas (WEAs). The effect of the proposed rule amendment will be to reduce confusion on hunting equipment regulations and improve management of deer-dog hunting on WEAs.

SUMMARY: The proposed rule amendment adjusts current regulations on WEAs as follows:

Hunting equipment on WEAs – define the term “hunting equipment” for the purposes of this rule as “tree stands and elevated shooting platforms” when referencing what items can and cannot be left on WEAs; and use the term “hunt” instead of the term “season” when referencing time periods when tree stands and elevated shooting platforms are allowed on WEAs.

Deer-dog hunting permit – require a no-cost permit for taking deer with dogs on WEAs. This free permit was requested by Florida dog hunting organizations to provide a method of collecting information regarding participation in deer-dog hunting on Commission-managed lands.

Additionally, the proposed rule amendment also clarifies existing rules; removes unnecessary, redundant, or conflicting language; corrects prior mistakes; and makes non-substantive, technical corrections.

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-17.004 General Regulations Relating to Wildlife and Environmental Areas.

(1) through (4) No change.

(5) Hunters:

(a) Authorized hunting equipment, defined for the purposes of this rule as tree stands and elevated shooting platforms, or dogs (if permitted by area regulations) may be taken on the area after 8:00 a.m. one day before the opening of the hunt season and shall be removed from the area before 6 p.m. one day following the close of the hunt season unless otherwise provided by specific area regulations.

(b) No change.

(6) Guns:

(a) No change.

(b) Taking wild turkey with firearms other than centerfire or muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited, except that muzzleloading rifles are not prohibited for taking wild turkey on Santa Fe Swamp Wildlife and Environmental Area.

(c) Taking migratory birds and non-protected birds with centerfire and muzzleloading shotguns is allowed during established area seasons when one or more migratory game birds are legal to take except when prohibited by specific area rule.

(d) through (e) No change.

(7) Dogs:

(a) through (d) No change.

(e) No person shall take deer using the aid of dogs without a valid Commission-issued deer-dog hunting permit.

(8) through (17) No change.

PROPOSED EFFECTIVE DATE: July 1, 2024

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 375.313 FS. History–New 4-12-98, Amended 12-28-98, Formerly 39-17.004, Amended 7-1-00, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-1-08, 7-1-09, 7-1-10, 1-1-11, 3-25-12, 4-9-13, 7-1-14, 7-1-15, 7-1-16, 7-1-18, 7-1-19, 9-13-20, 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.