The purpose of this proposed rule amendment and rule repeal is to revise regulations for use of tracked vehicles in the South Region. The effect of the proposed rule changes will be to enable the agency to better manage fish and wildlife resources ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-11.005: Use of Tracked Vehicles in the South Region
68A-11.0051: Tracked Vehicles Used for Recreational Purposes in South Region
PURPOSE AND EFFECT: The purpose of this proposed rule amendment and rule repeal is to revise regulations for use of tracked vehicles in the South Region. The effect of the proposed rule changes will be to enable the agency to better manage fish and wildlife resources and public use in the South Region.

SUMMARY: The proposed rule changes would revise regulations for use of tracked vehicles in the South Region as follows:

The proposed rule changes would reestablish and simplify rules for inspecting and registering tracked vehicles utilizing the Holey Land, Rotenberger, and Everglades and Francis S. Taylor WMAs; modify the specifications for allowable tracked vehicles; require periodic re-inspection of tracked vehicles to ensure accurate and up-to-date records; require registration of tracked vehicles when transferring ownership; and, establish a tracked vehicle registration decal system.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: 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., 372.021, 375.313 FS.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution., 375.313 FS.
A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting, February 7-8, 2007; 8:30 a.m. – 5:00 p.m., each day

PLACE: Sandestin Golf and Beach Resort, 9300 Emerald Coast Parkway, West, Destin, FL 32550

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 RULES IS: James V. Antista, General Counsel, Florida Fish and Wildlife Conservation Commission, 620 South Meridian St., Tallahassee, FL. 32399-1600, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

68A-11.005 Use of Tracked Vehicles in the South Region.

In the Everglades, Rotenberger, and Holey Land Wildlife Management Areas South Region, no person shall operate take wildlife or freshwater fish from any tracked vehicle that does not meet the following specifications:

(1) The mMaximum structure capable of bearing the weight of a person shall be no more than:

(a) eEight feet wide including any swing-out seat, outrigger or other protrusions.

(2) The highest point of the structure of the tracked vehicle may not exceed twelve (12) feet from the ground,  excluding antennas and tops used for the purpose of shade.

(b) Six feet high measured from the lowest bottom surface.

(3)(2) The Engine After January 1, 1982, tracked vehicles shall be gasoline-powered or diesel-powered and powered by no more than one six-cylinder engine equipped with up to eight cylinders; the engine must be muffled with an automotive-style sound-suppression device and shall not be modified in any way to increase horsepower. with the following specifications:

(a) Gasoline powered.

(b) No more than 250 cubic-inch-displacement.

(c) Equipped with no more than one two-barrel carburetor.

(d) Muffled with standard automotive muffling device.

(e) Shall not be modified to increase horsepower.

(4)(3) Track width – After January 1, 1982, Tthe minimum track width shall be 16 inches.

(4) Tracked vehicles affixed with a TRG decal prior to January 1, 1982, shall be exempt from the engine limitations in subsection (2).

(5) The All tracked vehicles must have been used in the South Region to take wildlife or freshwater fish shall be inspected by a Commission employee for to determine compliance with this section and prior to being issued a permanent TR registration decal; the tracked vehicle must be operable at time of inspection.

(6) The valid tracked vehicle TRG or TR permanent registration decals shall be displayed on the left front of the tracked vehicle in a prominent and visible location.

(7) A tracked vehicle shall be re-inspected every five years.

(8) No person shall remove and/or transfer any tracked vehicle registration decal to any other vehicle or alter the original appearance, or mutilate, deface or change the color or number of any tracked vehicle registration decal.

(9) Upon the purchase, sale, trade, transfer or other disposition of a tracked vehicle, subject to the provisions of this section, the previous and current owners shall transfer the tracked vehicle registration within 30 days through the Commission South Regional Office, Division of Law Enforcement.

Specific Authority Art. IV, Sec. 9. Fla. Const., 372.021 FS. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-21-82, Amended 7-1-85, Formerly 39-11.05, Amended 6-8-87, Formerly 39-11.005, Amended 1-1-03,________.

 

68A-11.0051 Tracked Vehicles Used for Recreational Purposes in South Region.

Specific Authority Art. IV, Sec. 9, Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 375.313 FS. History–New 7-1-84, Formerly 39-11.051, 39-11.0051, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Major Brett Norton, Captain David Stermen, and Lieutenant John Reed, Division of Law Enforcement, South Region

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 22, 2006