The purpose of the proposed rule amendment is to adjust the minimum caliber restriction for hunting deer with muzzleloading rifles from .40 caliber to .30 caliber, update the regulations for taking crows to conform with federal regulations, and to ...  

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    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 adjust the minimum caliber restriction for hunting deer with muzzleloading rifles from .40 caliber to .30 caliber, update the regulations for taking crows to conform with federal regulations, and to remove the prohibition on hunting game or crows with a bow equipped with sights or aiming devices with electronic computational capabilities or light projection (laser) features during any archery season. The effect of the proposed rule amendment would be to provide hunters with greater flexibility in methods of taking game and crows with archery equipment and muzzleloading guns.

    SUMMARY: The proposed rule amendment would allow the use of muzzleloading rifles .30 caliber or larger for hunting deer and the use of bows equipped with sights or aiming devices with electronic computational capabilities (rangefinder) or light projection (laser) features for hunting game or crows during any archery season. In addition, the proposed rule amendment would update the regulations for taking crows to conform with federal regulations.

    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.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

    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 20-21, 2019, 8:30 a.m. to 5:00 p.m., each day.

    PLACE: Best Western Gateway Grand, 4200 NW 97th Boulevard, Gainesville FL, 32606.

    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 (850)488-6411. 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: Morgan Richardson, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

     

    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) No change.

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

    1. through 4. No change.

    5. Muzzleloading guns of less than .30 .40 caliber firing a single bullet or of less than 20 gauge firing two or more balls, are prohibited for taking deer or bear.

    6. No change.

    (c) Air guns, except that:

    1. through 2. No change.

    3. Taking crows is prohibited.

    (d) No change.

    (e) Bow or crossbow, except that:

    1. Any arrow or bolt used to take deer, bear or wild turkey shall be equipped with a broadhead that has a minimum of two sharpened edges with a minimum width of 7/8 inches.

    2. through 3. No change.

    4. Taking crow with crossbow is prohibited.

    (f) No change.

    (4) through (7) No change.

    (8) No person shall:

    (a) No change.

    (b) Take any game or crows with a bow equipped with sights or aiming devices with electronic computational capabilities or light projection (laser) features during any archery season.

    (c) through (k) redesignated (b) through (j) No change.

    (9) No change.

    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.

    PROPOSED EFFECTIVE DATE: July 1, 2019

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Morgan Richardson, 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 13, 2018

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 24, 2018

Document Information

Comments Open:
1/25/2019
Effective Date:
7/1/2019
Summary:
The proposed rule amendment would allow the use of muzzleloading rifles .30 caliber or larger for hunting deer and the use of bows equipped with sights or aiming devices with electronic computational capabilities (rangefinder) or light projection (laser) features for hunting game or crows during any archery season. In addition, the proposed rule amendment would update the regulations for taking crows to conform with federal regulations.
Purpose:
The purpose of the proposed rule amendment is to adjust the minimum caliber restriction for hunting deer with muzzleloading rifles from .40 caliber to .30 caliber, update the regulations for taking crows to conform with federal regulations, and to remove the prohibition on hunting game or crows with a bow equipped with sights or aiming devices with electronic computational capabilities or light projection (laser) features during any archery season. The effect of the proposed rule amendment ...
Rulemaking Authority:
Article IV, Section 9, Florida Constitution
Law:
Article IV, Section 9, Florida Constitution
Contact:
Morgan Richardson, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
Related Rules: (1)
68A-12.002. General Methods of Taking Game; Prohibitions