The purpose of the proposed rule amendment is to revise hunting regulations pertaining to “Youth” and “Active Military and Veteran Waterfowl” hunts. The effect of the proposed rule amendment will be to allow non-hunting ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-13.003Hunting Regulations for Ducks, Geese, and Coots

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise hunting regulations pertaining to “Youth” and “Active Military and Veteran Waterfowl” hunts. The effect of the proposed rule amendment will be to allow non-hunting guests to actively participate in these specialty waterfowl hunts.

SUMMARY: The proposed rule amendment would allow non-hunting adult supervisors with required licenses and permits to actively participate (set up decoys, call and retrieve birds, etc.) in Youth Waterfowl Hunts and Veterans and Active Military Waterfowl Hunts, provided they may not take wildlife with a gun.

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.

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

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 21-22, 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: Paul Scharine, Public Hunting Areas Program Coordinator, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-13.003 Hunting Regulations for Ducks, Geese, and Coots.

The Commission has approved the following regulations and bag limits for taking ducks, geese, and coots:

(1) Duck, light goose, and coot season:

(a) Open season:

1. through 2. No change.

3. Youth Waterfowl Hunt ‒ The Saturday prior to the opening of the first phase as specified in subparagraph (1)(a)1. and the second Saturday following the close of the second phase as specified in subparagraph (1)(a)2. Hunters must be under 16 years of age and must be accompanied by an a non-hunting adult at least 18 years of age. Adults with required licenses and permits for taking waterfowl, unless otherwise exempt from these requirements, may participate in the hunt, except they may not take wildlife with a gun. Daily bag limits and species restrictions for ducks, geese, and coots will be as described in paragraphs (1)(e) and (4)(c). Common gallinules may also be taken and bag and possession limits for this species will be as specified in Rule 68A-13.008, F.A.C.

4. Veterans and Active Military Hunt ‒ The first Saturday and Sunday following the close of the second phase as specified in subparagraph (1)(a)2. Hunters must be veterans or members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty. Non-hunting guests with required licenses and permits for taking waterfowl, unless otherwise exempt from these requirements, may participate in the hunt, except they may not take wildlife with a gun. Daily bag limits and species restrictions for ducks, geese, and coots will be as described in paragraphs (1)(e) and (4)(c). Common gallinules may also be taken and bag and possession limits for this species will be as specified in Rule 68A-13.008, F.A.C.

(b) through (e) No change.

(2) through (5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2023

Rulemaking Authority Art. IV, Sec. 9, Fla. Const.; 379.2223 FS. Law Implemented Art. IV, Sec. 9, Fla. Const.; 379.2223 FS. History–New 8-1-79, Amended 10-23-79, 8-19-80, 9-29-81, 8-30-82, 7-27-83, 8-13-84, 8-13-85, 10-1-85, Formerly 39-13.03, Amended 8-5-86, 8-24-87, 8-18-88, 12-12-88, 8-17-89, 10-30-89, 8-9-90, 10-31-90, 8-22-91, 10-31-91, 8-23-92, 10-22-92, 9-2-93, 10-28-93, 11-6-94, 10-23-95, 10-20-96, 8-7-97, 10-28-97, 11-12-98, 6-23-99, Formerly 39-13.003, Amended 11-7-00, 5-13-02, 5-1-03, 7-1-04, 7-1-05, 2-1-06, 7-1-06, 1-9-07, 1-8-08, 7-1-08, 1-6-09, 1-19-10, 7-1-10, 1-5-11, 3-25-12, 2-12-13, 1-23-14, 1-19-15, 12-21-15, 7-1-16, 7-1-17, 8-13-18, 7-1-19, 7-1-19 (1)(f)1., 7-1-20, 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