The purpose of the proposed rule amendment is to revise regulations on Wildlife Management Areas (WMAs) in the Southwest Region. The effect of the proposed rule amendment will be to enable the agency to better manage fish ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.061Specific Regulations for Wildlife Management Areas - Southwest Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations on Wildlife Management Areas (WMAs) in the Southwest Region. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.

SUMMARY: The proposed rule amendment would revise specific area regulations on WMAs in the Southwest Region as follows:

Babcock Webb WMA – remove the 15-inch minimum shoulder height restriction for wild hog.

Croom WMA – allow the take of antlerless deer during muzzleloading gun season by antlerless deer permit only.

Everglades Headwaters WMA, Hatchineha Unit – prohibit public access from one-half hour after sunset until one-half hour before sunrise, except for those persons participating in a hunt during established seasons.

Green Swamp WMA, West Unit – establish a 3-day family small game hunt (Saturday-Monday) opening the second Saturday in November (25 no-cost, quota permits, no exemptions).

Lower Hillsborough WMA – convert the youth small game hunt to a family small game hunt.

Orange Hammock WMA – allow the take of antlerless deer during archery season and establish a bag limit of 1 antlered or 1 antlerless deer per quota permit during archery season.

Upper Hillsborough WMA – reduce the number of spring turkey daily quota permits from 75 each day to 45 each day and fix a clerical error that resulted in the small game season being shortened by two days.

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. 375.313, FS.

LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const. 375.313, FS.

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: Mark Schulz, Southwest Region Public Hunting Areas Biologist, Fish and Wildlife Conservation Commission, Southwest Regional Office, 3900 Drane Field Road, Lakeland, Florida 33811, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-15.061 Specific Regulations for Wildlife Management Areas – Southwest Region.

(1) Green Swamp Wildlife Management Area.

(a) Open season:

1. through 2. No change.

3. Small game – Opening the day after the last day of general gun season and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C., Saturdays and Sundays only.

4. through 6. No change.

(b) through (d) No change.

(2) Green Swamp Wildlife Management Area – West Unit.

(a) Open season:

1. through 2. No change.

3. Family small game – Opening the second Saturday in November and closing 2 days thereafter.

3. through 7. renumbered 4. through 8.

(b) through (c) No change.

(d) General regulations:

1. through 5. No change.

6. Taking wildlife with centerfire or muzzleloading shotguns is prohibited during the special-opportunity archery hunts.

7. through 10. No change.

(3) Fred C. Babcock/Cecil M. Webb Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. During the archery season the take of turkey is prohibited. After the first two days of archery season, the take of antlerless deer is prohibited. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Wild hog may only be taken during archery and general gun seasons with a limit of one per quota permit or one per exempt hunter each season. The take of wild hog with a shoulder height of less than 15 inches is prohibited. Quail shall be taken by daily quail or field trial quail quota permit only with a bag limit of 6 per day. During the raccoon and opossum season, only raccoon and opossum are legal to take.

(c) No change.

(d) General regulations:

1. through 8. No change.

9. During the small game and field trial quail seasons, centerfire shotguns used to take wildlife shall be plugged to a three-shell capacity with a one-piece filler that cannot be removed without disassembling the gun.

10. through 19. No change.

(4) No change.

(5) Upper Hillsborough Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Small game – Opening 6 days after the last day of muzzleloading gun season and closing 22 days thereafter the last day of gray squirrel season as established by Rule 68A-13.004, F.A.C. (Saturdays and Sundays only).

5. through 6. No change.

(b) through (c) No change.

(d) General regulations:

1. through 11. No change.

12. During the small game season, wildlife may be taken only with centerfire and muzzleloading shotguns, except gray squirrel and rabbit may be taken with air guns. During the wild hog-dog season wildlife may be taken only with centerfire and muzzleloading shotguns and centerfire handguns.

13. No change.

(6) through (7) No change.

(8) Hickory Hammock Wildlife Management Area.

(a) Open season:

1. through 4. No change.

5. Small game – Opening 9 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 13 days thereafter, reopening 57 days later and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C.

6. through 9. No change.

(b) through (d) No change.

(9) Walk-in-the-Water Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Small game – Opening 91 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter, reopening 13 days later and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C.

5. through 6. No change.

(b) through (d) No change.

(10) Hilochee Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. through 9. No change.

10. Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. All individuals participating must enter through the Riddick Grove Road entrance.

(11) No change.

(12) Avon Park Air Force Range Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Small game – Opening 7 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander or a designee.

5. through 9. No change.

(b) through (c) No change.

(d) General regulations:

1. through 2. No change.

3. Centerfire and muzzleloading sShotguns are prohibited for taking wildlife during the archery season.

4. through 15. No change.

(13) Croom Wildlife Management Area.

(a) Open season:

1. through 2. No change.

3. Small game – Opening the day after the last day of general gun season and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C.

4. through 7. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. During the muzzleloading gun season, the take of antlerless deer shall be by antlerless deer permit only. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age.

(c) through (d) No change.

(14) through (15) No change.

(16) Weekiwachee Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game (except hen or beardless turkey), fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. The take of antlerless deer is prohibited. The bag limit for deer shall be two antlered deer per quota permit. The take of beardless hen wild turkey is prohibited.

(c) No change.

(d) General regulations:

1. through 7. No change.

8. Taking wildlife with a centerfire or muzzleloading shotgun is prohibited during archery season.

(17) Lower Hillsborough Wildlife Management Area.

(a) Open season:

1. No change.

2. Family Youth small game – Opening 5 days after the last day of the family hunt season and closing 2 days thereafter, reopening 12 days later and closing 2 days thereafter (Fridays, Saturdays and Sundays only).

3. through 4. No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer may be taken during the Ffamily hunts. The bag limit for deer shall be two deer per quota permit. One gobbler (or bearded turkey) may be taken per spring turkey quota permit.

(c) through (d) No change.

(18) No change.

(19) Everglades Headwaters National Wildlife Refuge Wildlife Management Area – Hatchineha Unit.

(a) No change.

(b) Legal to take: All legal game (except hen or beardless turkey), fish, frogs and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, the bag limit for deer shall be two deer, only one of which can be antlerless per quota permit. During the muzzleloading gun, general gun and family hunt seasons, the bag limit for deer shall be two antlered deer per quota permit. The take of beardless hen wild turkey is prohibited. During the spring turkey seasons, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit.

(c) No change.

(d) General regulations:

1. No change.

2. Public access is allowed year round except, during nighttime hours (one-half hour after sunset until one-half hour before sunrise) quota hunts when only individuals authorized to participate in a hunt may access the area during periods open to hunting; and during the family hunt and youth turkey hunt when one non-hunting guest per quota permit may also access the area.

3. through 7. No change.

(20) Orange Hammock Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game (except hen or beardless turkeys), fish, frogs, and furbearers. Taking of antlered deer not having at least 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. During the archery, muzzleloading gun, and general gun seasons, the bag limit for deer shall be 1 antlered deer per quota permit. During the archery season and mobility-impaired hunt the bag limit for deer shall be 1 antlered deer or 1 antlerless deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the mobility-impaired season.  The taking of antlerless deer is prohibited during archery season. The take of beardless hen wild turkey is prohibited. During the archery season, 1 gobbler or bearded turkey may be taken per quota permit per day. During the youth turkey hunt and spring turkey season, 1 gobbler or bearded turkey may be taken per quota permit.

(c) through (d) No change.

PROPOSED EFFECTIVE DATE:  July 1, 2024

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 11-17-83, 7-5-84, 10-1-84, 7-1-85, 9-19-85, 5-7-86, 5-10-87, 6-8-87, 10-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 8-7-97, 7-1-98, 10-20-98, 12-28-98, 7-1-99, Formerly 39-15.061, Amended 12-9-99, 3-30-00, 7-1-00, 7-1-01, 5-13-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 8-9-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 10-11-2023, 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.