The purpose of the proposed rule amendment is to clarify rules related to the issuance of quota permits; clarify the access exemptions for youth hunters, Mentor License supervisors and the assistant for mobility-impaired hunters on those areas ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-15.005: Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify rules related to the issuance of quota permits; clarify the access exemptions for youth hunters, Mentor License supervisors and the assistant for mobility-impaired hunters on those areas requiring a quota permit for access; and centrally locate rules pertaining to Family Hunts. The effect would be to delete an antiquated rule requiring quota permits during the first nine days of general gun season, while requiring quota permits at specified times; allow a youth hunter, a Mentor License supervisor and an assistant for a mobility-impaired hunter to accompany a quota permit holder on those areas which require a quota permit for access (area specific rules may provide for additional assistants or supervisors); and streamline and standardize the Florida Administrative Code by moving duplications of the rules for Family Hunts from area specific regulations to Rule 68A-15.005, F.A.C.
SUMMARY: Rule 68A-15.005, F.A.C., is proposed to be amended as follows:
Remove an unnecessary rule that infers quota permits are necessary during the first nine days of general gun season on all areas. Quota permits will continue to be required for those areas and seasons as specified in code.
On some WMAs and WEAs a valid quota permit is required to access the area. This prevents a youth, Mentor License supervisor, and disabled hunter assistant from entering the area to accompany a quota permit holder in one of these categories. This rule proposal would allow one youth, Mentor License supervisor or disabled hunter assistant to accompany the hunter. The youth or Mentor License supervisor may participate in the hunt provided they share a single bag limit with the quota permit holder. The assistant for the disabled hunter may participate in the hunt, but may not take game with a gun.
Remove the standard verbiage included in area-specific rules for each area that has a family hunt and place it in Rule 68A-15.005, F.A.C. The standard language has been included in the area-specific rules for the Northwest and Northeast Regions.
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-15.005 Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits.

(1) At During the first nine days of the general hunting season and at other times specified in subsection (2) herein, a quota or special-opportunity permit in addition to other license, permit and stamp requirements, shall be required for any person while hunting on wildlife management areas, wildlife and environmental areas, and fish management areas or specified units thereof, identified in this rule. Those persons exempt from license requirements by Section 372.57(1), F.S., or stamp requirements by Section 372.57(4), F.S., or persons age 65 or over who have obtained a Florida lifetime hunting or lifetime sportsman’s license are also exempt from quota permit requirements on all areas except those specified by “(no exemptions)” in this rule. On those areas specified by “(no exemptions),” one person younger than 16 years of age may accompany a person older than 18 years of age who holds a valid regular, special, or spring turkey quota permit and participate in the hunt provided that both hunters must share a single bag limit of game. On those areas specified by “(no exemptions),” one person, acting as a supervisor required by Section 372.5717, F.S., may accompany a Mentor License holder who holds a valid quota permit and participate in the hunt provided that both hunters must share a single daily bag limit of game. On those areas where a quota permit is required to access the area, one youth hunter or mentor license holder may accompany the quota permit holder and participate in the hunt provided that both hunters must share a single bag limit of game. On those areas where a quota permit is required to access the area, one assistant may accompany a mobility-impaired hunter and participate in the hunt, provided the assistant may not take wildlife with a gun; an area specific rule may provide for additional supervisors or assistants unless otherwise provided by area specific regulation. Quota, antlerless deer and special-opportunity permits shall be in the hunter’s possession and shall be displayed upon request by any Commission employee. Quota, antlerless deer, and special-opportunity permits shall be transferable, except that special-opportunity permits issued to exempt persons shall be transferable only to another exempt person. Quota and antlerless deer permits issued to an underage applicant may only be transferred to another underage hunter. Quota hunt and antlerless deer permits issued to a disabled applicant may only be transferred to another disabled hunter. Quota hunt and antlerless deer permits issued to a senior citizen may only be transferred to another senior citizen or underage hunter.

(2) The maximum number of quota and special-opportunity permits to be issued for each wildlife management area, fish management area, or wildlife and environmental area shall be maintained on a list titled “Quota and special-opportunity permits,” dated May 1, 2008 2007, incorporated herein by reference and kept by the Commission at its headquarters office and regional offices.

(3) through (4) No change.

(5) Family Hunts: During a family hunt, one or two persons per quota permit, under 16 years of age but not younger than 8 years of age, may hunt as provided in Section 790.22, F.S. These persons must be under the supervision and in the presence of one adult not younger than 18 years of age. The adult may only hunt when in the presence of at least one person under 16 years of age but not younger than 8 years of age.

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 5-19-80, 6-22-80, 12-29-80, 6-4-81, 8-4-81, 6-21-82, 7-29-82, 7-1-83, 7-5-84, 7-1-85, 9-19-85, Formerly 39-15.05, Amended 5-7-86, 6-10-86, 5-10-87, 6-8-87, 10-8-87, 4-13-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 3-30-95, 6-20-95, 8-15-95, 4-1-96, 6-27-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 11-23-97, 7-1-98, 7-2-98, 8-11-98, 12-28-98, 5-13-99, Formerly 39-15.005, Amended 12-9-99, 4-30-00, 7-1-01, 8-1-01, 11-1-01, 5-13-02, 10-16-02, 5-1-03, 7-1-03, 9-29-03, 7-1-04, 7-2-04, 8-1-04, 5-1-05, 5-1-06, 6-1-06, 5-1-07, 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