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

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.064Specific Regulations for Wildlife Management Areas - South Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations on Wildlife Management Areas (WMAs) in the South 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 South Region as follows:

Big Cypress WMA – prohibit the take of raccoon, opossum, skunk, beaver, and armadillo; prohibit the take of deer and extend the small game season by 54 days in the portion of the area south of US 41; establish in rule that the archery season is open in the Deep Lake Unit on dates that correspond to muzzleloading gun season; clarify that dogs may be used for hunting in the Loop Unit; establish an annual bag limit of one antlered deer throughout the area; reduce the number of quota permits during the first 9 days of general gun season in the Turner River Unit from 500 to 250; and establish a quota of 250 during the first 9 days of general gun season in the Corn Dance Unit.

Dinner Island Ranch WMA – prohibit motorized vehicle access from 1.5 hours after sunset until 1.5 hours before sunrise; and remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

Everglades and Francis S. Taylor WMA – adjust rule language for the small game season to ensure current season dates are maintained, given the proposed expansion of the statewide squirrel season; and remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

Everglades Headwaters WMA, Okeechobee Unit – prohibit fishing.

Fisheating Creek WMA – remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

Holey Land WMA – adjust rule language for the small game season to ensure current season dates are maintained, given the proposed expansion of the statewide squirrel season; and remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

J. W. Corbett WMA – prohibit motorized vehicles on the Florida Trail, except to cross the trail perpendicularly.

Okaloacoochee Slough WMA – increase quota permits for archery, muzzleloading gun, and general gun seasons from 145 to 185; increase quota permits for spring turkey season from 55 to 75; increase quota permits for the family hunt from 45 to 65; increase quota permits for the youth turkey hunt from 10 to 20; shift the first archery hunt to begin 7 days earlier and separate the individual archery, general gun, and spring turkey hunts by at least 2 days to allow hunters time to set up and remove hunting equipment between hunts; adjust rule language for the small game season to ensure current season dates are maintained, given the proposed expansion of the statewide squirrel season; and remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

Picayune Strand WMA – allow individuals participating in a hunt to access the area from 3 hours before sunrise until 3 hours after sunset and allow persons with a valid camping permit and their guests to access designated campsites at any time during the dates listed on their permit; and shift the first archery hunt to begin 7 days earlier and separate the individual archery, general gun, and spring turkey hunts by at least 2 days to allow hunters time to set up and remove hunting equipment between hunts.

Rotenberger WMA – adjust rule language for the small game season to ensure current season dates are maintained, given the proposed expansion of the statewide squirrel season; and remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

Spirit-of-the-Wild WMA – adjust rule language for the small game season to ensure current season dates are maintained, given the proposed expansion of the statewide squirrel season; and remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

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: Cheyenne Walker, South Region Public Hunting Areas Biologist, Fish and Wildlife Conservation Commission, 8535 Northlake Blvd., West Palm Beach, Florida 33412, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-15.064 Specific Regulations for Wildlife Management Areas – South Region.

(1) J. W. Corbett Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. The take of wildlife with centerfire and rimfire rifles or muzzleloading long guns is prohibited within the Pratt-Whitney buffer zone and within one-fourth mile of the Seaboard Coastline Railroad and Mecca Farms. The take of wildlife with centerfire rifles is prohibited south and east of Stumper’s Grade.

2. through 18. No change.

19. 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.

20. No change.

21. Motorized vehicles are prohibited on the Florida Trail, except to cross the trail perpendicularly.

(2) Holey Land Wildlife Management Area.

(a) Open season:

1. through 4. No change.

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

6. through 7. No change.

(b) Legal to take: All legal game (except turkey, crow, and mourning and white-winged doves), fish, frogs and furbearers. Take of antlerless deer is prohibited during the archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one during archery season, one during muzzleloading gun season, one during general gun-walk season and one per tag during the general gun-vehicle season. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) through (e) No change.

(3) Everglades and Francis S. Taylor Wildlife Management Area.

(a) Open season:

1. through 4. No change.

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

6. through 7. No change.

(b) Legal to take: All legal game (except turkey and mourning and white-winged doves), fish, frogs and furbearers. Taking of antlered deer not having at least one forked antler and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The forked antler shall have at least two points one inch or greater in length. Take of antlerless deer is prohibited during archery season. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one per season during archery, muzzleloading gun and general gun-walk seasons and one per tag during the general gun-vehicle season. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) through (e) No change.

(4) Rotenberger Wildlife Management Area.

(a) Open season:

1. through 4. No change.

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

6. through 7. No change.

(b) Legal to take: All legal game (except turkey and mourning and white-winged doves), furbearers, fish and frogs. Take of antlerless deer is prohibited during archery season. Taking of antlered deer not having at least one antler with two or more points and having one or more antlers at least 5 inches in length visible above the hairline is prohibited. The take of wild hog is prohibited during small game season. The bag limit for antlered deer shall be one per season during archery, muzzleloading gun and general gun-walk seasons and one per tag during the general gun-vehicle season. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) through (e) No change.

(5) Big Cypress Wildlife Management Area.

(a) Open season:

1. General gun – Opening 12 Twelve days prior to Thanksgiving Dday and closing through January 1 (except in the Deep Lake, Stairsteps and Loop units), unless except during those years when January 1 falls on a Thursday, Friday, or Saturday, in which case the season would close on the following Sunday in open units except in the Deep Lake, Stairsteps and Loop units.

2. Small game – Opening tThe day following the last day close of general gun season and closing through February 1, except opening the second Saturday in November and closing February 1 in the Loop and Stairsteps units.

3. Archery – Opening Starting the Saturday prior to Labor Day and closing ending 29 days thereafter in all units (except Loop and Stairsteps) and reopening 6 days later and closing 15 days thereafter and reopening twelve days prior to Thanksgiving Dday and closing through January 1 in the Deep Lake unit only, unless except during those years when January 1 falls on a Thursday, Friday or Saturday, in which case the season would close on the following Sunday in the Deep Lake, Stairsteps and Loop units only.

4. Muzzleloading gun – Opening 21 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 15 days thereafter, except in the Deep Lake Unit, Loop, and Stairsteps units.

5. through 8. No change.

(b) Legal to take: All legal game (except armadillo), fish, frogs, coyote and nutria and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. In the Corn Dance and Loop units and zones 1 through 3 of the Stairsteps Unit, taking of deer not having at least one antler with four or more points is prohibited. The take of deer in Loop and Zones 4 of the Stairsteps uUnits is prohibited. The taking of raccoons with a gun and light is prohibited. The taking of turkey or antlerless deer during the archery season is prohibited. The bag limit for dDeer and turkey bag limit is one per day; one two annually (by hunting season not calendar year)., except no more than one deer may be taken annually within the Corn Dance and Loop units and zones 1 through 3 of the Stairsteps Unit, combined. The bag limit for turkey is one per day, two per spring turkey season.

(c) No change.

(d) General regulations:

1. Hunting with dogs is prohibited, except that bird dogs and retrievers may be used for hunting migratory birds during their respective statewide seasons and during small game season dogs may be used for hunting small game. Hunting wild hog with dogs is prohibited. All dogs are prohibited in the Loop Unit. The possession of dogs (other than for hunting purposes) is prohibited except as authorized by National Park Service regulations. Leashed dogs may not be used for trailing wounded game.

2. through 16. No change.

17. Taking wildlife with centerfire rifles is prohibited during small game season in the Deep lake, Loop, and Stairsteps units.

18. No change.

(6) Okaloacoochee Slough Wildlife Management Area.

(a) Open season:

1. Archery – Opening 49 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter and reopening 8 1 days later and closing 8 days thereafter.

2. through 3. No change.

4. General gun – Opening 7 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 1 days later and closing 4 days thereafter.

5. Small game – Opening the second Saturday in October first day of the gray squirrel season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in February (except during the family hunt).

6. No change.

7. Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter and reopening 3 1 days later and closing 4 days thereafter.

8. through 10. No change.

(b) Legal to take: All legal game, bear (only during the bear season), fish, frogs and furbearers. During the archery, muzzleloading gun, family and general gun seasons, the bag limit for deer shall be one per quota permit. The taking of antlerless deer is prohibited during archery season. One gobbler or bearded turkey may be taken per spring turkey or youth turkey quota permit. 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. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) through (d) No change.

(7) Fisheating Creek Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, fish, frogs and furbearers except that turkeys may not be taken during the archery season. 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 bag limit for deer shall be two per quota permit, but no more than one per person. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. One gobbler (or bearded turkey) may be taken per youth turkey quota or special-opportunity spring turkey permit. East of US Highway 27, gobblers or bearded turkeys may only be taken during the special-opportunity spring turkey season from one-half hour before sunrise until 1:00 p.m. During the wild hog-still season, only wild hog may be taken. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) through (d) No change.

(8) Picayune Strand Wildlife Management Area.

(a) Open season:

1. Archery – Opening 49 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 6 days thereafter, and reopening 8 days later the following day and closing 8 days thereafter.

2. No change.

3. General gun – Opening 19 21 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 3 1 days later and closing 4 days thereafter, and reopening 3 1 days later and closing 6 days thereafter.

4. through 5. No change.

6. Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, and reopening 3 1 days later and closing 4 days thereafter.

7. through 8. No change.

(b) through (c) No change.

(d) General regulations:

1. through 4. No change.

5. Public access is prohibited from one and one-half 1.5 hours after sunset until one and one-half1.5 hours before sunrise, except for individuals who possess a valid camping permit and their guests may also access at designated campsites during the dates listed on their permit and individuals participating in a hunt may also access the area beginning 3 hours before sunrise and must exit the area by 3 hours after sunset during established seasons.

6. No change.

7. During the small game season only, northern bobwhite may be released and taken by centerfire or muzzleloading shotgun in the designated area as shown on the hunt map, provided each individual or group participating possesses a daily released quail 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.

(9) Dinner Island Ranch Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, fish, frogs and furbearers. The bag limit for deer shall be one per quota permit. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. The taking of antlerless deer and turkey is prohibited during archery season. 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. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(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.

11. No change.

12. Motorized vehicle access is prohibited from one and one-half hours after sunset until one and one-half hours before sunrise.

(10) Spirit-of-the-Wild Wildlife Management Area.

(a) Open season:

1. through 3. No change.

4. Small game – Opening Beginning the second Saturday in October and closing opening day of gray squirrel season established by Rule 68A-13.004, F.A.C., through the Sunday prior to the youth turkey hunt.

5. through 9. No change.

(b) Legal to take: All legal game, bear (only during the bear season), fish, frogs and furbearers. The bag limit for deer shall be two per quota permit, but no more than one per person. During the spring turkey season, one gobbler (or bearded turkey) may be taken per person, but not more than two per quota permit. During the youth turkey season, one gobbler (or bearded turkey) may be taken per quota permit. The taking of antlerless deer and turkey is prohibited during archery season. 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. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) through (d) No change.

(11) Allapattah Flats Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. through 5. No change.

6. Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited during the small game season.

7. No change.

(12) Everglades Headwaters Wildlife Management Area – Kissimmee Bend 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 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 family hunt, the bag limit for deer shall be 2 antlered deer per quota permit but no more than 1 per person. The taking of antlerless deer is prohibited during archery season. The take of beardless hen wild turkey is prohibited. During the archery, youth turkey, and spring turkey seasons, 1 gobbler or bearded turkey may be taken per quota permit. Notwithstanding the quail season established by Rule 68A-13.004, F.A.C., quail may be taken throughout the general gun season established for this area.

(c) No change.

(d) General regulations:

1. No change.

2. Public access is allowed year-round, except during: nighttime hours (one-half 0.5 hours after sunset until one-half 0.5 hours before sunrise) when only individuals who possess a valid camping permit and persons legally participating in hunts may access the area; quota hunts when only quota permit holders and their guests may access the area; the family hunt when only the quota permit holder, up to 2 youth hunters, and 1 non-hunting guest may access the area; and the youth turkey hunt when only the quota permit holder, 1 adult supervisor, and 1 non-hunting guest may access the area.

3. through 9. No change.

(13) Everglades Headwaters National Wildlife Refuge Wildlife Management Area – Okeechobee Unit.

(a) Open season:

1. Archery – Opening 49 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter, reopening 7 days later and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 6 5 days later and closing 3 days thereafter.

2. through 8. No change.

9. Fishing and frogging – Fishing is prohibited. Frogging is aAllowed year-round.

(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 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 family hunt, the bag limit for deer shall be 2 antlered deer per quota permit but no more than 1 per person. The taking of antlerless deer is prohibited during archery season. The take of beardless hen wild turkey is prohibited. During the archery, youth turkey, and spring turkey seasons, 1 gobbler or bearded turkey may be taken 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 0.5 hours after sunset until one-half 0.5 hours before sunrise) when only individuals who possess a valid camping permit and persons legally participating in hunts may access the area; quota hunts when only quota permit holders and their guests may access the area; the family hunt when only the quota permit holder, up to 2 youth hunters, and 1 non-hunting guest may access the area; and the youth turkey hunt when only the quota permit holder, 1 adult supervisor, and 1 non-hunting guest may access the area.

3. through 9. 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, 7-27-83, 9-27-83, 7-5-84, 7-1-85, 5-7-86, 8-5-86, 5-10-87, 8-24-87, 5-1-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-1-92, 7-1-93, 7-1-94, 7-1-95, 8-15-95, 7-1-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 7-1-98, 7-2-98, 7-1-99, Formerly 39-15.064, Amended 11-17-99, 7-1-00, 7-1-01, 6-2-02, 2-27-03, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 1-19-10, 7-1-10, 8-26-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 9-18-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 9-14-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22, 7-1-23, 10-11-23, 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.