The purpose of the proposed rule changes is to revise or establish definitions for muzzleloading gun, wild hog and nuisance wildlife; clarify that all freshwater fish are defined as non-game fish, except grass carp and fish defined as freshwater ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-1.004: Definitions
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to revise or establish definitions for muzzleloading gun, wild hog and nuisance wildlife; clarify that all freshwater fish are defined as non-game fish, except grass carp and fish defined as freshwater game fish; delete the reference to redeyed bass and define shoal bass as Micropterus cataractae. The effect would be to enable the agency to better manage fish and wildlife resources.
SUMMARY: The proposed rule would clarify the definition of a muzzleloading gun; define nuisance wildlife as that which causes or is about to cause property damage, presents a threat to public safety or causes an annoyance within, under or upon a building; redefine a wild hog as a hog that is free-roaming and cannot be legally claimed as a domestic hog in private ownership; clarify that all freshwater fish are defined as non-game fish, except grass carp and fish defined as freshwater game fish; delete the reference to redeyed bass and define shoal bass as Micropterus cataractae.
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-1.004 Definitions.

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) through (35) No change.

(36) Freshwater game fish:

(a) The following members of the Genus Micropterus:

1. No change.

2. Shoal Redeyed (Shoal) bass (Micropterus cataractae coosae)

3. through 4. No change.

(b) through (g) No change.

(37) through (41) No change.

(42) Game mammals – Deer, gray squirrel, rabbits, wild hogs in those areas where specified, and non-native species generally considered game such as elk, antelope and buffalo.

(43) No change.

(44) Legal game – Antlered Deer, gray squirrel, rabbit, wild hog (in specified areas), quail, rail, snipe, woodcock, duck, dove, coot and gallinule during open seasons established by Rule 68A-13.003 or 68A-13.004, F.A.C., unless otherwise stipulated for a particular species in a regulation established for a specific wildlife management area.

(45) through (48) No change.

(49) Muzzleloading gun – A firearm that cannot be loaded from the breech using black powder or a non-nitro-cellulose substitute and is fired by wheel lock, flintlock, or percussion cap, or centerfire primer ignition and which is not adaptable to the use of any self-contained cartridge ammunition.

(50) No change.

(51) Non-game fish – All freshwater fish species, except grass carp, not listed in subsection 68A-1.004(36), F.A.C., as freshwater game fish. Bowfin, common carp, catfish, eels, gar, shad, shiners, tilapia, killifish, suckers, topminnows and fishes except grass carp, not listed as freshwater game fish and not taken for sport.

(52) through (54) No change.

(55) Nuisance wildlife – Wildlife that causes or is about to cause property damage, presents a threat to public safety or wildlife causing an annoyance within, under or upon a building.

(55) through (92) renumbered (56) through (93) No change.

(94)(93) Wild hog – A hog that is free-roaming and on a “wild hog area” which cannot can not be legally claimed as a domestic hog in private ownership.

(94) Wild hog area – A designated area on which hunting of “wild hog” may be permitted only at such times and under such rules as provided by the Commission.

(95) through (98) 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 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, 4-1-07, 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