The purpose of the proposed rule amendment is to amend rule language which prohibits the possession of shotshells loaded with lead shot while hunting waterfowl. The effect of the proposed rule amendment will prohibit the take of waterfowl with ...  


  • RULE NO.: RULE TITLE:
    68A-13.003: Hunting Regulations for Ducks, Geese, and Coots
    PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to amend rule language which prohibits the possession of shotshells loaded with lead shot while hunting waterfowl. The effect of the proposed rule amendment will prohibit the take of waterfowl with shotshells loaded with lead shot.
    SUMMARY: The proposed rule amendment would clarify that the use of shotshells loaded with lead shot is prohibited for hunting waterfowl.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
    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.
    RULEMAKING 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 8-9, 2012, 8:30 a.m. – 5:00 p.m., each day.
    PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333
    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 (850)488-6411. 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: Diane R. Eggeman, 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-13.003 Hunting Regulations for Ducks, Geese, and Coots.

    The Commission has approved the following regulations and bag limits for taking ducks, geese, and coots:

    (1) No change.

    (2) General restrictions:

    (a) No change.

    (b) It shall be illegal to take ducks, geese or coots with possess shotshells loaded with any type of shot other than steel or other nontoxic shot approved for use by the Fish and Wildlife Service, U.S. Department of the Interior, when hunting ducks, geese, or coots.

    (3) through (5) No change.

    PROPOSED EFFECTIVE DATE: AS SOON AS POSSIBLE FOLLOWING COMMISSION ACTION

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 10-23-79, 8-19-80, 9-29-81, 8-30-82, 7-27-83, 8-13-84, 8-13-85, 10-1-85, Formerly 39-13.03, Amended 8-5-86, 8-24-87, 8-18-88, 12-12-88, 8-17-89, 10-30-89, 8-9-90, 10-31-90, 8-22-91, 10-31-91, 8-23-92, 10-22-92, 9-2-93, 10-28-93, 11-6-94, 10-23-95, 10-20-96, 8-7-97, 10-28-97, 11-12-98, 6-23-99, Formerly 39-13.003, Amended 11-7-00, 5-13-02, 5-1-03, 7-1-04, 7-1-05, 2-1-06, 7-1-06, 1-9-07, 1-8-08, 7-1-08, 1-6-09, 1-19-10, 7-1-10, 1-5-11,_________.

     

    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 F.A.W.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011

Document Information

Comments Open:
1/6/2012
Summary:
The proposed rule amendment would clarify that the use of shotshells loaded with lead shot is prohibited for hunting waterfowl.
Purpose:
The purpose of the proposed rule amendment is to amend rule language which prohibits the possession of shotshells loaded with lead shot while hunting waterfowl. The effect of the proposed rule amendment will prohibit the take of waterfowl with shotshells loaded with lead shot.
Rulemaking Authority:
Article IV, Section 9, Florida Constitution.
Law:
Article IV, Section 9, Florida Constitution.
Contact:
Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
Related Rules: (1)
68A-13.003. Hunting Regulations for Ducks, Geese, and Coots