The purpose of the proposed rule changes is to revise regulations pertaining to the possession of firearms which may no longer be necessary for resource protection, clarify the regulations related to taking turkeys near feeding stations, and clarify ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-12.002: General Methods of Taking Game; Prohibitions
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to revise regulations pertaining to the possession of firearms which may no longer be necessary for resource protection, clarify the regulations related to taking turkeys near feeding stations, and clarify the references to “feed” and “feeding stations.” The effect of the proposed rule changes will allow the possession of a gun during a season when game may not legally be taken with that gun, prohibit the take of wild turkey when a hunter is less than 100 yards from a game feeding station containing feed and standardization of language used to describe “feed” and “feeding stations.”
SUMMARY: The proposed rule would allow the possession of guns in accordance with Chapter 790, F.S.; clarify the current requirement that a wild turkey may not be taken if the hunter is within 100 yards of a feeding station when feed is present; clarify the reference to “feed” consistent with provision paragraph (7)(d) of this rule regarding what constitutes feed (corn, wheat, grain or any other food or substance that has been deposited by other than normal agricultural harvesting or planting); and clarify references to “game feeder” and “game feeding station.”
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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 regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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: Nick Wiley, 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; Prohibitions.

(1) through (2) No change.

(3) Game birds, crows or game mammals may be taken with any of the following:

(a) No change.

(b) Rifle or pistol.

1. through 3. No change.

4. Taking wildlife with The possession of any centerfire center-fire semi-automatic rifle having a magazine capacity of more than five rounds while hunting is prohibited.

5. No change.

6. The take of game, except migratory birds, with any gun other than a bow, crossbow or muzzleloading gun is prohibited No person shall possess any modern firearm while muzzleloading gun hunting during any special muzzleloading gun season.

(c) No change.

(d) Bow or crossbow.

1. through 3. No change.

4. The take of game, except migratory birds, with any gun other than a bow is prohibited No person shall possess any firearm or crossbow while archery hunting during any special archery season.

5. The take of game, except migratory birds, with any gun other than a bow or crossbow is prohibited No person shall possess any firearm while crossbow hunting during any special crossbow season.

(e) No change.

(4) through (7) No change.

(8)(a) Game feeding stations feeders may be maintained for the purpose of propagating quail, turkey, and other wild game under natural conditions.

(b) Non-migratory game other than wild turkey may be taken in proximity to game feeding stations which are maintained with feed (corn, wheat, grain or any other food substance deposited by other than normal agricultural harvesting or planting) throughout the year provided that each feeding station shall have been maintained at least six months prior to the taking of game in proximity thereof. Wild turkey may not be taken if the hunter is less than 100 yards from a  game the feeding station when feed is present.

(9) No change.

PROPOSED EFFECTIVE DATE: July 1, 2008.

Specific 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.

 

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 FAW.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007