The purpose of the proposed rule amendment is to revise regulations on Miscellaneous Areas regarding vehicle access and species allowed to be taken. The effect of the proposed rule amendment will be to enable the agency ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.006Regulations Relating to Miscellaneous Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations on Miscellaneous Areas regarding vehicle access and species allowed to be taken. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.

SUMMARY: The proposed rule amendment revises regulations on Miscellaneous Areas by expanding the types of vehicle access allowed for mobility-impaired hunters and allowing the take of non-protected birds in the Tier 1 hunt area, allowing the take of gray squirrel in all miscellaneous areas during certain seasons, and allowing the take of quail in the Tier II Area and the Kissimmee Public River Use Area during certain seasons. As amended, the proposed rule also removes the prohibition against using centerfire rifles during small game season in the Tier II Area. Additionally, the proposed rule amendment includes a non-substantive technical change.

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-15.006 Regulations Relating to Miscellaneous Areas.

(1) No change.

(2) Kissimmee River Public Use Area.

(a) No change.

(b) Legal to take: All legal game, furbearers, fish, and frogs. 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 only during the archery season in that portion of the area north of State Road 70 and during the last nine days of archery season in that portion of the areas south of State Road 70. Notwithstanding the gray squirrel and quail seasons established by Rule 68A-13.004, gray squirrel and quail may be taken during the general gun season established for this area. Bag and possession limits and shooting hours shall be those established under Rules 68A-13.003, 68A-13.004 and 68A-13.008, F.A.C., except that the daily bag limit for wild turkey shall be one per day.

(c) No change.

(3) Babcock Ranch Preserve.

(a) No change.

(b) The following are the only species of wildlife legal to take within the Tier I hunt area: All legal game (except quail) 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. During the archery season, family and general gun for mobility-impaired hunts the bag limit for deer shall be two deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person, but no more than two per quota permit during the muzzleloading gun and general gun hunts. Notwithstanding the gray squirrel season established by Rule 68A-13.004, gray squirrel may be taken during the family and general gun seasons established for this area. One gobbler (or bearded turkey) per person, but no more than two per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.

(c) Regulations controlling activities within the Tier I hunt area:

1. through 2. No change.

3. The use of tracked vehicles, airboats, all-terrain vehicles, unlicensed and unregistered motorcycles and swamp buggies is prohibited, except that all-terrain vehicles (ATVs), recreational off-highway vehicles (ROVs) and golf carts may be used during the general gun for mobility-impaired season by certified mobility-impaired hunters.

4. No change.

5. Vehicles must be operated on named or numbered roads, except ATVs, ROVs and golf carts during the mobility-impaired hunt.

6. through 15. No change.

(d) Regulations controlling activities in the Tier II hunt areas:

1. through 7. No change.

8. The take of wildlife with dogs is prohibited, except bird dogs and retrievers may be used to take small game and non-protected birds.

9. through 13. No change.

14. Notwithstanding the gray squirrel and quail seasons established by Rule 68A-13.004, gray squirrel and quail may be taken during the antlered deer season established for this area. Taking wildlife with centerfire rifles is prohibited during small game season.

(e) through (f) No change.

(4) through (6) No change.

PROPOSED EFFECTIVE DATE: July 1, 2023

Rulemaking Authority Art. IV, Sec 9, Fla. Const. Law Implemented Art IV, Sec 9, Fla. Const. History–New 12-9-99, Amended 5-13-02, 5-1-03, 5-23-04, 7-1-06, 7-1-08, 7-1-09, 7-1-10, 11-9-10, 7-1-11, 7-1-12, 8-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 7-1-18, 7-1-19, 7-1-20, 9-13-20, 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