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 revises regulations for specific WMAs in the South Region. Specifically, the rule as amended establishes hunts or expands existing hunting opportunities; modifies hunting seasons and shooting hours; clarifies or modifies rules regarding the use of hunting equipment, dogs, and vehicles, including off-road use of motor vehicles, swamp buggies, and tracked vehicles at Everglades and Francis S. Taylor, Holey Land, and Rotenberger WMAs; prohibits the discharge of bows, crossbows, and airguns in certain areas that are closed to hunting at Fisheating Creek and J.W. Corbett WMAs; modifies the antler point regulation for deer and establishes two archery quota hunts at Picayune Strand WMA; and establishes the Everglades Headwaters National Wildlife Refuge WMA – Okeechobee Unit, including regulations pertaining to the take of wildlife and public access. The amended rule also clarifies existing rules; removes unnecessary, redundant, or conflicting language; corrects prior errors; 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.

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: 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, 2023, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Marriott Jacksonville, 4670 Salisbury Road, Jacksonville, Florida, 32256.

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) Open season:

1. through 7. No change.

8. Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. No change.

(b) through (c) No change.

 (d) General regulations:

1. through 3. No change.

4. During open periods other than those designated for motor vehicle use around the archery, muzzleloading gun, general gun, small game, and spring turkey seasons, only licensed and registered (street legal) motor vehicles may be possessed or operated and only on named or numbered roads, except persons participating in dove and waterfowl hunts also may operate street legal vehicles on numbered trails from one day after the close of archery season to one day prior to the opening of muzzleloading gun season, persons participating in snipe hunts also may operate street legal vehicles on numbered trails from November 1 to one day prior to the opening of general gun season, and persons planning to participate in muzzleloading gun or general gun hunts also may possess, but not operate, recreational off-highway vehicles (side-by-sides) and swamp buggies from 6:00 p.m. one day following the close of archery and muzzleloading gun seasons until 8:00 a.m. one day prior to the opening of muzzleloading gun and general gun seasons, respectively. From 8:00 a.m. one day before the opening of archery and spring turkey seasons through 6:00 p.m. the day after the close of these seasons, only street legal motor vehicles may be possessed or operated and only on named or numbered roads, except persons participating in archery and spring turkey hunts also may possess and operate, street legal motor vehicles, side-by-sides, and swamp buggies on named roads and or numbered roads and trails (other than Indian Trails and L-8 Canal roads, which are open to street legal vehicles only); and except as provided above for participants in dove and waterfowl hunts between archery and muzzleloading gun seasons. Only street legal motor vehicles may be possessed or operated and only on named or numbered roads at any time after 8:00 a.m. one day prior to the opening of muzzleloading gun, general gun, and small game seasons through 6:00 p.m. the day after the close of each of these seasons, except persons participating in muzzleloading gun, general gun, and small game hunts also may possess and operate, street legal vehicles, side-by-sides, and swamp buggies on named roads and or numbered roads and trails (other than Indian Trails and L-8 Canal roads, which are open to street legal vehicles only) and throughout the area except where closed to vehicular traffic; and except as provided above for participants in snipe hunts between muzzleloading gun and general gun seasons. Only street legal motor vehicles are allowed on the Indian Trails and L-8 Canal roads. Motor vehicle access between the L-8 Canal Road and trails 5 and 6 is prohibited, except during designated motor vehicle-use periods around hunting seasons and only for those persons using street legal vehicles to participate participating in hunts.

5. No change.

6. Take of wildlife with dogs is prohibited, except during area-specific general gun, small game, raccoon, and dog training seasons and bird dogs and retrievers may be used for taking coots, doves, ducks, geese, and snipe during their respective statewide seasons. During small game season, the take of wild hog with dogs is prohibited may only be used to take small game.

7. through 14. No change.

15. Dogs, vehicles, and taking wildlife with guns and other than bows are all prohibited in the Bruce Bowman archery still hunt area, delineated as that portion of the area lying north of the Stumpers Grade, east of the powerline, south and west of Game Canal to the buggy bridge and west of the youth camp road to the intersection of the Stumpers Grade except that vehicles may be used on established roads to access parking lots at the youth camp, shooting range and nature interpretive center.

16. Discharge of a bow, crossbow, or airgun or tTaking wildlife on or from the nature trail, boardwalk, entrance road or parking lot in the Bruce Bowman archery still hunt area is prohibited.

17. Archery equipment may be used for hunting during the established muzzleloading gun season in the Bruce Bowman archery still hunt area. All other legal to take regulations for muzzleloading gun season shall apply when using archery equipment during this time period.

18. through 19. No change.

20. Tree stands, deer stands and elevated shooting platforms are and prohibited except from 6 a.m. the day prior to the opening of archery season until 6 p.m. the day following the end of small game general gun season.

(2) Holey Land Wildlife Management Area.

(a) 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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) No change.

(d) General regulations:

1. The use of all-terrain vehicles and recreational off-highway vehicles (ROVs) is prohibited, except for the purposes of hunting and scouting from 6:00 a.m. two weeks prior to archery season until 6:00 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun, and general gun-walk seasons, motor vehicles, swamp buggies, and tracked vehicles may only be operated on designated levees, except all-terrain vehicles and ROVs (side-by-sides) may be operated off-road. Airboats are prohibited during the archery, muzzleloading gun, general gun-walk, and general gun-vehicle seasons except airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C. While an all-terrain vehicle or ROV is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle or ROV may be equipped with a steering mechanism that would enable the all-terrain vehicle to be operated from a platform or structure attached thereto.

2. Motor vehicles, swamp buggies, and tracked vVehicles are prohibited on tree islands, strands, and wildlife islands.

3. A general gun-vehicle permit is required of any person to operate a tracked vehicle during the general gun-vehicle season. A general gun-vehicle permit and tag shall only be transferred in the field by Florida Fish and Wildlife Conservation Commission law enforcement supervisors or their designees when a tracked vehicle becomes inoperable and unable to be repaired while within the wildlife management area to which the tracked vehicle is assigned as determined by the general gun-vehicle permit.

4. When check stations are staffed on Saturdays and Sundays during the archery, muzzleloading gun, general gun-walk and general gun-vehicle seasons, deer may not be quartered, or dismembered, or removed from the area until checked at a check station.

5. No change.

6. Hunting with dogs is allowed only during the general gun-vehicle season, except that bird dogs and retrievers may be used to take snipe and waterfowl during their respective statewide seasons and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited during small game season.

7. through 9. No change.

10. Motor vehicles, swamp buggies, and tracked vVehicles are prohibited on all levees except the L-5 and Miami Canal lLevees.

11. through 13. No change.

14. No person shall operate any motor all-terrain vehicle, swamp buggy, or tracked motorized two-wheeled vehicle, or motorized three-wheeled vehicle off-road, unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 6 feet above the top of the seat.

15. Non-native reptiles may be taken year around.

15.16. Beginning the day Guns are a prohibited method of take for non-native reptiles, except when the use of guns to take game or alligators is authorized and after the last day of small game season through the second Sunday in April, when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles for taking wildlife is prohibited.

17. Conditional non-native snakes and lizards, as listed in subsection 68-5.002(4), F.A.C., shall not be removed from the area alive.

16.18. Beginning tThe day after small game season ends through the second Sunday in April, shooting hours for non-native reptiles shall be 1/2 hour before sunrise and until 1/2 hour after sunset.

19. renumbered 17. No change.

18. Motor vehicles are prohibited outside hunting seasons and associated scouting periods, except street legal vehicles are allowed on the L-5 and Miami Canal levees. Swamp buggies and tracked vehicles are allowed year-round, except on designated levees only during the archery, muzzleloading gun, and general gun-walk seasons, by permit only during the general gun-vehicle season, and from April 15 through 5:59 a.m. two weeks prior to archery season.

19. During the general gun-vehicle season, the area is closed to all motor vehicles, swamp buggies, tracked vehicles, and airboats, except street-legal vehicles on designated levees, tracked vehicles authorized by permit, and airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C.

(e) No change.

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

(a) Open season:

1. through 5. No change.

6. Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) No change.

(d) General regulations:

1. No change.

2. Motor vehicles, swamp buggies, tracked vVehicles, and airboats are prohibited on tree islands, wildlife islands, and tree strands.

3. The use of all-terrain vehicles and recreational off-highway vehicles (ROVs) is prohibited, except for the purposes of hunting and scouting from 6:00 a.m. two weeks prior to archery season until 6:00 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun, and general gun-walk seasons, motor vehicles, swamp buggies, and tracked vehicles may only be operated on designated levees, except all-terrain vehicles and ROVs (side-by-sides) may be operated off-road. While an all-terrain vehicle or ROV is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle or ROV may be equipped with a steering mechanism that would enable the all-terrain vehicle to be operated from a platform or structure attached thereto.

4. through 5. No change.

6. A general gun-vehicle permit is required of any person to operate a tracked vehicle during the general gun-vehicle season. General gun-vehicle permits will be given to both tracked vehicle and airboat hunters. A general gun-vehicle permit and tag shall only be transferred in the field by Florida Fish and Wildlife Conservation Commission law enforcement supervisors or their designees when a tracked vehicle or airboat becomes inoperable and unable to be repaired while within the wildlife management area to which the tracked vehicle or airboat is assigned as determined by the general gun-vehicle permit.

7. No change.

8. When check stations are staffed on Saturdays and Sundays during the archery, muzzleloading gun, general gun-walk and general gun-vehicle seasons, deer may not be quartered, or dismembered, or removed from the area until checked at a check station.

9. During the general gun-vehicle season, Conservation Area 3A North is closed during legal shooting hours to swamp buggies, tracked vehicles, and airboats except those authorized by permit. Frogging (by airboat only) in Conservation Area 3A North is allowed from one hour after sunset to one hour before sunrise.

10. Motor vehicles, swamp buggies, and tracked Unauthorized motorized vehicles are prohibited on all the levees except the L-4, L-5, and L-6 levees.

11. No change.

12. Hunting with dogs is allowed only during the general gun-vehicle season, except that bird dogs and retrievers may be used to take waterfowl and snipe during their respective statewide seasons and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited during small game season.

13. through 18. No change.

19. No person shall operate any motor all-terrain vehicle, swamp buggy, or tracked motorized two wheeled vehicle, or motorized three-wheeled vehicle off-road, unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 6 feet above the top of the seat.

20. through 21. No change.

22. Non-native reptiles may be taken year round.

22.23. Beginning the day Guns are a prohibited method of take for non-native reptiles, except when the use of guns to take game or alligators is authorized and after the last day of small game season through the second Sunday in April, when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles for taking wildlife is prohibited.

24. Conditional non-native snakes and lizards, as listed in subsection 68-5.002(4), F.A.C., shall not be removed from the area alive.

23.25. Beginning tThe day after small game season ends through the second Sunday in April, shooting hours for non-native reptiles shall be 1/2 hour before sunrise until 1/2 hour after sunset.

26. renumbered 24. No change.

25. Motor vehicles are prohibited outside hunting seasons and associated scouting periods, except street legal vehicles are allowed on the L-4, L-5, and L-6 levees. Swamp buggies and tracked vehicles are allowed year-round, except on designated levees only during the archery, muzzleloading gun, and general gun-walk seasons and by permit only during legal shooting hours in Conservation Area 3A North during the general gun-vehicle season.

(e) No change.

(4) Rotenberger Wildlife Management Area.

(a) Open season:

1. through 5. No change.

6. Migratory game birds – During seasons established for these species in Rules 68A-13.003 and 68A-13.008, F.A.C.

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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun-walk season established for this area.

(c) No change.

(d) General regulations:

1. A general gun-vehicle permit is required of any person to operate a tracked vehicle during the general gun-vehicle season. A general gun-vehicle permit and tag shall only be transferred in the field by Florida Fish and Wildlife Conservation Commission law enforcement supervisors or their designees when a tracked vehicle becomes inoperable and unable to be repaired while within the wildlife management area to which the tracked vehicle is assigned as determined by the general gun-vehicle permit.

2. Motor vehicles, swamp buggies, and tracked vVehicles are prohibited on wildlife islands, tree islands, and tree strands.

3. No change.

4. When check stations are staffed on Saturdays and Sundays during the archery, muzzleloading gun, general gun-walk and general gun-vehicle seasons, deer may not be quartered, or dismembered, or removed from the area until checked at a check station.

5. No change.

6. The use of all-terrain vehicles and recreational off-highway vehicles (ROVs) is prohibited, except for the purposes of hunting and scouting from 6:00 a.m. two weeks prior to archery season until 6:00 p.m. one day prior to the opening day of general gun-vehicle season. During the archery, muzzleloading gun, and general gun-walk seasons, motor vehicles, swamp buggies, and tracked vehicles may only be operated on designated levees, except all-terrain vehicles and ROVs (side-by-sides) may be operated off-road. Airboats are prohibited during the archery, muzzleloading gun, general gun-walk, and general gun-vehicle seasons except airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C. While an all-terrain vehicle or ROV is in motion, no person shall occupy any platform or structure attached thereto. No all-terrain vehicle or ROV may be equipped with a steering mechanism that would enable the all-terrain vehicle to be operated from a platform or structure attached thereto.

7. The area is closed to all motor vehicles, swamp buggies, tracked vehicles, and airboats during the general gun-vehicle season, except street-legal vehicles on designated levees, tracked vehicles authorized by permit, and airboats used for the purpose of waterfowl hunting on days when waterfowl hunting is allowed under Rule 68A-13.003, F.A.C.

8. Hunting with dogs is allowed only during the general gun-vehicle season, except that bird dogs and retrievers may be used to take snipe and waterfowl during their respective statewide seasons and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited during small game season.

9. through 13. No change.

14. No person shall operate any motor all-terrain vehicle, swamp buggy, or tracked motorized two wheeled vehicle, or motorized three-wheeled vehicle off-road, unless it is equipped with an orange flag at least 10 inches wide and 12 inches long and displayed at a minimum height of 6 feet above the top of the seat.

15. Non-native reptiles may be taken year round.

15.16. Beginning the day Guns are a prohibited method of take for non-native reptiles, except when the use of guns to take game or alligators is authorized and after the last day of small game season through the second Sunday in April, when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles for taking wildlife is prohibited.

17. Conditional non-native snakes and lizards, as listed in subsection 68-5.002(4), F.A.C., shall not be removed from the area alive.

16.18. Beginning tThe day after small game season ends through the second Sunday in April, shooting hours for non-native reptiles shall be 1/2 hour before sunrise until 1/2 hours after sunset.

19. renumbered 17. No change.

18. Motor vehicles are prohibited outside hunting seasons and associated scouting periods, except street legal vehicles are allowed on the L-4, Manley Ditch, Miami Canal, and Powerline levees. Swamp buggies and tracked vehicles are allowed year-round, except on designated levees only during the archery, muzzleloading gun, and general gun-walk seasons, by permit only during the general gun-vehicle season, and from April 15 through 5:59 a.m. two weeks prior to archery season.

19. Motor vehicles, swamp buggies, and tracked vehicles are prohibited on all levees except the L-4, Manley Ditch, Miami Canal, and Powerline levees.

(e) No change.

(5) Big Cypress Wildlife Management Area.

(a) Open season:

1. through 6. No change.

7. Migratory game birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

8. No change.

(b) through (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 deer or 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 15. No change.

16. Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.

17. Guns are a prohibited method of take for Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized.

18. Conditional non-native snakes and lizards shall not be removed from the area alive.

19. Persons that take any Conditional non-native snakes and lizards shall report the take within 36 hours, and shall provide all data requested.

20. through 22. renumbered 16. through 18. No change.

(6) Okaloacoochee Slough Wildlife Management Area.

(a) Open season:

1. through 4. No change.  

5. Small game – Opening the 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. through 7. No change.

8. Migratory game birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. 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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun season established for this area.

(c) No change.  

(d) General regulations:

1. Hunting with dogs is prohibited, except dogs may be used for taking small game during small game season for taking small game and for taking doves, snipe, and waterfowl during their respective statewide seasons established by Rules 68A-13.003 and 68A-13.008. The take of wild hog with dogs is prohibited.

2. through 5. No change.

6. During periods when the check station is staffed, no deer, wild hog or turkey shall be dismembered until checked at the check station.

7. through 8. No change.

(7) Fisheating Creek Wildlife Management Area.

(a) Open season:

1. through 8. No change.

9. Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C., west of US Highway 27 only.

10. 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 one per person, 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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun season established for this area.

(c) No change.

(d) General regulations:

1. through 8. No change.

9. Discharge of a bow, crossbow, or airgun or taking wildlife on or from the Palmdale Campground, Knobby Knee Boardwalk, or the associated entrance road or parking lot is prohibited.

(8) Picayune Strand Wildlife Management Area.

(a) Open season:

1. Archery – Opening 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 15 days thereafter, and reopening the following day and closing 8 days thereafter.

2. through 6. No change.

7. Migratory game birds – During the seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

8. No change.

(b) Legal to take: All legal game, bear (only during those portions of the general gun season that coincide with the open season established for the South BMU in Rule 68A-13.004, F.A.C.), fish, frogs and furbearers. Taking of antlered deer not having at least one antler with three two or more points or one antler with a main beam of 10 or more inches in length is prohibited, except by persons less than 16 years of age. During the archery season, Tthe bag limit for deer shall be one each. During the muzzleloading gun and general gun seasons, Tthe bag limit for deer shall be one per person, two per quota permit, but no more than one per person. The taking of antlerless deer and turkey is prohibited during archery season. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. Notwithstanding the quail season established by Rule 68A-13.004, quail may be taken throughout the general gun season established for this area.

(c) No change.

(d) General regulations:

1. Hunting with dogs is prohibited except dogs may be used to take small game during small game season and for taking doves, snipe, and waterfowl during their respective statewide seasons established by Rules 68A-13.003 and 68A-13.008. The take of wild hog with dogs is prohibited.

2. The use of airboats is prohibited. Off-Highway Vehicles (all-terrain vehicles, tracked vehicles, and off-highway motorcycles) are prohibited except by permit from the Florida Forest Service only.

3. Only licensed and registered vehicles may be operated on the area, and only on designated roads, parking areas, and other areas as designated by the Florida Forest Service, except swamp buggies and ROVs (side-by-sides) may be used on designated roads only in that portion of the area east of and including Miller Blvd. and south of and including Berson Blvd. during the small game season by individuals who possess a released quail permit and during and 1 week prior to the opening of the muzzleloading gun, general gun, and spring turkey seasons by individuals who passess a valid quota permit and their guests.

4. No change.

5. Non-native reptiles may be taken year round.

6. Guns are a prohibited method of take for non-native reptiles, except when the use of guns to take game or alligators is authorized.

7. Conditional non-native snakes and lizards, as listed in subsection 68-5.002(4), F.A.C., shall not be removed from the area alive.

8. through 10. renumbered 5. through 7. No change.

(9) Dinner Island Ranch Wildlife Management Area.

(a) Open season:

1. through 7. No change.

8. Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. through 10. 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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun season established for this area.

(c) No change.

(d) General regulations:

1. Hunting with dogs is prohibited except bird dogs or retrievers may be used during migratory bird seasons for taking migratory game birds and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited.

2. through 7. No change.

8. Shooting hours for dove hunts shall be from one-half hour before sunrise noon until sunset. Hunters may enter the posted field no earlier than one hour before shooting time and shall exit the field within one hour after sunset.

9. through 11. No change.

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

(a) Open season:

1. through 6. No change.

7. Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

8. 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 one per person, 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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun season established for this area.

(c) No change.

(d) General regulations:

1. Hunting with dogs is prohibited except bird dogs or retrievers may be used during migratory bird seasons for taking migratory game birds and dogs may be used to take small game during small game season. The take of wild hog with dogs is prohibited.

2. through 7. No change.

(11) Allapattah Flats Wildlife Management Area.

(a) Open season:

1. through 7. No change.

8. Migratory game birds – During the seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. No change.

10. Wild hog-still – Opening the fourth Saturday of the month and closing 8 days thereafter in March and April.

(b) Legal to take: All legal game, fish, 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. Turkey may only be taken during the spring turkey season. The bag limit for deer shall be one per quota permit, except during the family hunt when the bag limit for deer shall be two per quota permit one per person, but no more than one per person two per quota permit. One gobbler (or bearded turkey) may be taken per spring turkey or youth turkey quota permit. Notwithstanding the quail season established by Rule 68A-13.004, quail may be taken throughout the family hunt and general gun seasons established for this area.

(c) No change.

(d) General regulations:

1. No change.

2. Motor vehicles Vehicles are prohibited except beginning 3 days one week prior to the opening of archery, muzzleloading gun, family hunt, general gun, small game, youth turkey, and spring turkey, and wild hog-still seasons through 6 p.m. one day after the close of each of these archery and spring turkey seasons and during the dove, waterfowl, and snipe muzzleloading gun, family hunt, and general gun seasons established by Rules 68A-13.003 and 68A-13.008, when motor vehicles may only be operated on numbered trails by individuals participating in the hunt. During the small game, dove, waterfowl, and snipe seasons, vehicles also may only be operated on numbered trails.

3. No change.

4. Taking wildlife with dogs is prohibited, except bird dogs or retrievers may be used during migratory bird seasons for taking migratory game birds and dogs may be used to take small game during small game season. Take of wild hog with dogs is prohibited.

5. through 7. No change.

(12) Everglades Headwaters Wildlife Management Area – Kissimmee Bend Unit.

(a) Open season:

1. through 4. No change.

5. Small game – During the quail Opening the day after the last day of general gun season and closing the last day of gray squirrel season established by Rule 68A-13.004, F.A.C., except during the family hunt and general gun seasons.

6. through 7. No change.

8. Migratory game birds – During seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. 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. 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, quail may be taken throughout the general gun season established for this area.

(c) Camping: Prohibited except by permit from the Florida Forest Service or United States Fish and Wildlife Service in designated campsites only. Recreational Vehicles (RVs) and camp trailers are prohibited Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations

1. through 2. No change.

3. Motor vehicle access is prohibited, except individuals participating in hunts may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during only beginning 15 days prior to the first day of archery, muzzleloading gun, general gun, family hunt, small game, youth turkey, and spring turkey seasons and for hunting-related activities 3 days before and after each of these seasons season through the day after the last day of spring turkey season and individuals who possess a valid camping permit may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map only during the dates listed on their permit. At all other times, public access other than by foot, horseback, or bicycle is prohibited.

4. Airboats, off-highway vehicles, swamp buggies, and tracked vehicles are prohibited, except: by permit from the Florida Forest Service or United States Fish and Wildlife Service; or during and 1 day before and after quota hunts when only individuals possessing a valid quota permit and their guests may operate all-terrain vehicles, recreational off-highway vehicles (ROVs), and swamp buggies on designated roads and trails as indicated on the brochure map only.

5. Horses are prohibited, except on designated horse trails and roads and trails as indicated on the brochure map open to vehicle access.

6. Hunting with dogs is prohibited, except bird dogs and retrievers may be used to hunt migratory game birds in season and any dog may be used to hunt small game during small game season. The take of wild hog with dogs is prohibited.

7. Fires, other than campfires by permitted campers in designated campsites, are prohibited.

8. No change.

9. Bicycles may be operated only on designated roads and trails as indicated on the brochure map as authorized by U.S. Fish and Wildlife Service and Florida Forest Service regulations.

(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 5 days later and closing 3 days thereafter.

2. Muzzleloading Gun – Opening 8 days prior to the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

3. Family hunt – Opening the Friday before Christmas Day and closing 2 days thereafter.

4. General Gun – Opening the day after Thanksgiving Day and closing 2 days thereafter, reopening 40 days later and closing 2 days thereafter, and reopening 12 days later and closing 2 days thereafter.

5. Small game – During the quail season established by Rule 68A-13.004, F.A.C, except during the family hunt and general gun seasons.

6. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

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, reopening 10 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

8. Migratory birds – During seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. Fishing and frogging – Allowed 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. During the archery, youth turkey, and spring turkey seasons, 1 gobbler or bearded turkey may be taken per quota permit.

(c) Camping: Prohibited except by permit from the United States Fish and Wildlife Service and in designated campsites only. Recreational Vehicles (RVs) and camp trailers are prohibited.

(d) General regulations:

1. All persons must enter and exit the area at a designated entrance.

2. Public access is allowed year-round, except during: nighttime hours (0.5 hours after sunset until 0.5 hours before sunrise) when only individuals who possess a 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. Motor vehicle access is prohibited, except individuals participating in hunts may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during archery, muzzleloading gun, general gun, family hunt, small game, youth turkey, and spring turkey seasons and for hunting-related activities 3 days before and after each of these seasons; and individuals who possess a valid camping permit may operate street legal motor vehicles on designated roads and trails as indicated on the brochure map during the dates listed on their permit. At all other times, public access other than by foot, horseback, or bicycle is prohibited.

4. Airboats, off-highway vehicles, swamp buggies, and tracked vehicles are prohibited, except by permit from the United States Fish and Wildlife Service or during and 1 day before and after quota hunts when individuals possessing a valid quota permit and their guests may operate all-terrain vehicles, recreational off-highway vehicles (ROVs), and swamp buggies on designated roads and trails as indicated on the brochure map.

5. Horses are prohibited, except on designated roads and trails as indicated on the brochure map.

6. Hunting with dogs is prohibited, except bird dogs and retrievers may be used to hunt migratory birds in season and any dog may be used to hunt small game during small game season. The take of wild hog with dogs is prohibited.

7. Only non-toxic ammunition approved by the U.S. Fish and Wildlife Service shall be used for taking wildlife.

8. Bicycles may be operated only on designated roads and trails as indicated on the brochure map.

9. Fires are prohibited.

PROPOSED EFFECTIVE DATE: July 1, 2023

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.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

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: November 30, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 08, 2022.