The purpose of the proposed rule amendment is to clarify rules relating to the take of wild hogs, the take of non-protected mammals, the possession of guns or firearms, distribution of food for wildlife and driving metal objects into trees on ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-15.006: Regulations Relating to Miscellaneous Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify rules relating to the take of wild hogs, the take of non-protected mammals, the possession of guns or firearms, distribution of food for wildlife and driving metal objects into trees on Kissimmee River Public Use Area. The effect would be a clear set of regulations allowing the take of wild hogs (no change to current hunting opportunity) with no size or bag limits, establish shooting hours and prohibit the transport of live wild hogs. Non-protected mammals will be legal to take during any season that allows the take of game mammals. Firearms and guns may be possessed throughout the year provided they are secured in a vehicle, vessel, travel trailer, camper or tent when they are not a legal method of take. Driving metal objects into trees and the distribution of food for wildlife will be prohibited.
SUMMARY: The proposed rule changes would allow the possession of guns in accordance with Chapter 790, F.S., subject to legal agreements, state law and federal law, provided the guns are securely encased in a vehicle, vessel, camper or tent during periods when the take of wildlife with a gun is prohibited; clarify rules related to wild hogs (the proposal will not reduce any opportunity, just standardize the regulations) which allow wild hogs to be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals, with no size or bag limit, use only methods of take allowed for the taking of game mammals, and not transport wild hogs alive; prohibit target practice except at a shooting range or Commission sponsored event; allow the take of non-protected mammals during any season open for the taking of game mammals, with no size or bag limit; prohibit the driving of metal objects into trees; and prohibit the distribution of food for wildlife.
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-15.006 Regulations Relating to Miscellaneous Areas.

(1) The Commission may establish specific regulations for wild hog areas and miscellaneous areas to regulate and manage the lands or waters therein in the best interest of the state.

(2) Kissimmee River Public Use Area.

(a) No change.

(b) Legal to take: All legal game, wild hog, non-protected mammals, furbearers, fish, and frogs. Wild hogs may be taken only during open seasons for deer or squirrel. Antlerless deer may be taken only during the archery seasons and during the eighth and ninth days of the antlered deer seasons for the South and Central Zones, as applicable, established in Rule 68A-13.004, F.A.C. 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 shooting hours for turkeys during the spring season shall be from one-half hour before sunrise until 1:00 p.m., and there shall be no bag or size limits on wild hogs.

(c) General regulations:

1. Taking wildlife with The possession of guns shall be prohibited in the marshes and uplands except during the period beginning on the opening day of rail season established in Rule 68A-13.008, F.A.C., and ending on the closing day of spring turkey season established in Rule 68A-13.004, F.A.C. Taking wildlife with centerfire rifles is Center-fire rifles are prohibited. The marshes shall be those lands outside the Kissimmee River channel, the C-38 canal, and the Istokpoga canal. In posted archery/muzzleloading gun areas, only bows may be used during the zonal archery season, only muzzleloading guns may be used during the zonal muzzleloading gun season, only bows may be used during the antlered deer season, and only bows and muzzleloading guns may be used during other established seasons. The possession of guns shall be prohibited in the marshes and uplands in the northern portion of Bluff Hammock lying in the west 1/2 of Section 26 and the east 1/2 of Section 27, Township 34 South, Range 31 East, which are posted as closed to possession of guns.

2. through 4. No change.

5. Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited.

6. No person shall place, expose or distribute any grain or other food for wildlife except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited.

7. Wild hog may be taken in accordance with the following provisions:

a. Wild hog may only be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals or any season established for the taking of wild hog only, with no size or bag limit.

b. Methods of take, other than those allowed for the taking of game mammals during each open season, are prohibited.

c. Wild hog may not be transported alive.

8. Non-protected mammals, as defined in paragraph 68A-12.002(9)(a), F.A.C., may be taken during any season open for the taking of game mammals, with no size or bag limit.

9. Possession of guns or firearms is allowed pursuant to the provisions of Florida Statutes, except as prohibited in subparagraph 1. and as otherwise prohibited under the legal authority of the landowner, lead managing agency, or pursuant to federal law. During periods closed to hunting or when the firearm is not a legal method of take, firearms shall be encased and properly secured in a vehicle, vessel, travel trailer, camper, or tent, except those persons in possession of a valid Concealed Weapon or Firearm License may possess concealed handguns. No person shall discharge any gun for testing or target practice, except on a Commission shooting range or at Commission sponsored events.

PROPOSED EFFECTIVE DATE: July 1, 2008.

Specific 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.

 

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