68A-15.004: General Regulations Relating to Wildlife Management Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise rule language related to possession or use of guns on wildlife management areas (WMAs); and to clarify that the Executive Director or designee may issue permits allowing a sanctioned fox hunting organization to chase fox during otherwise closed seasons and at the time and place designated by permit. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.
SUMMARY: The proposed rule amendment would revise rule language related to possession or use of guns on wildlife management areas (WMAs); and allow the Executive Director or designee to issue permits allowing a sanctioned fox hunting organization to chase fox during otherwise closed seasons at the time and place designated by permit.
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 379.354 FS.
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-15.004 General Regulations Relating to Wildlife Management Areas.
(1) No change.
(2) Permits required:
(a) No change.
(b) A short-term use permit or special-use permit is mandatory on those wildlife management areas where required by regulations for that area. On areas where short-term use permits (daily or multi-day permits) are authorized, holders of such permits shall possess or display a valid short-term use permit receipt in the manner specified on the receipt. Access to areas open to special-opportunity deer, wild hog (still hunt only), and wild turkey hunting is prohibited by persons not in possession of the appropriate special-opportunity hunt permit except that a non-permitted individual may accompany a permittee. While hunting or scouting, a non-permitted individual may accompany a permittee and participate in the hunt but shall not occupy a vehicle separate from the permittee or take wildlife with possess a gun, and shall be in the immediate vicinity (25 feet or less) of the permittee. Persons using the Florida Trail for through-hiking are exempt from the permit requirements of this paragraph.
(c) through (d) No change.
(3) through (5) No change.
(6) Guns:
(a) Possession of guns or firearms is allowed on wildlife management areas pursuant to the provisions of Florida Statutes, unless as otherwise prohibited under the legal authority of the landowner, lead managing agency, military installation commander, or pursuant to federal law. During periods closed to hunting or when the firearm is not a legal method of take, firearms shall be securely encased in a vehicle, vessel, 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.
(a)(b) No change.
(c) No person shall have any gun under his control while under the influence of alcohol or drugs.
(d) through (f) renumbered (b) through (d) No change.
(g) Notwithstanding the provisions of paragraph (a) or specific area regulations in this chapter generally prohibiting possession of a gun, persons meeting the following requirements are allowed to possess and transport guns within a vehicle or vessel provided the guns are securely encased as defined under Chapter 790, F.S.:
1. Persons and guests of such persons who own or lease private lands within the boundaries of a wildlife management area, provided they are transporting guns directly to or from said private lands, and
2. Persons and guests of such persons who own or lease private lands that are located adjacent or proximal to a wildlife management area and the only legal means of vehicular access is through the wildlife management area, provided they are transporting guns directly to or from said private lands.
(7) Dogs:
(a) Dogs may be used for hunting during open seasons unless prohibited by regulations for the particular management area. The Executive Director or designee may shall issue permits to raccoon or fox hunting organizations that are sanctioned by the United Kennel Club, American Kennel Club, Professional Kennel Club, or similar sanctioning entity to allow raccoon or fox hunting during otherwise closed seasons and at times and places designated in the permit. Permits may be issued only in areas where this activity will not negatively impact wildlife, where adjoining landowner conflicts will be minimal, where cooperating landowners are in agreement with the permit conditions, and when not in conflict with other user groups.
(b) through (d) No change.
(8) through (12) No change.
(13) Alligators: Notwithstanding any other provision in Chapter 15, F.A.C., the harvest of alligators, their eggs or hatchlings may be conducted on wildlife management areas in accordance with Commission order(s) and Rules 68A-25.031, 68A-25.032 and 68A-25.042, F.A.C. Guns and bait may be possessed and used for taking alligators by alligator hunt participants as specified in Rule 68A-25.042 or 68A-25.032, F.A.C., whichever is applicable, and persons taking alligators pursuant to those rules on wildlife management areas shall not be required to check in and out at a check station, or check any alligators taken. A private landowner making his lands available for use in the wildlife management area system may participate in an alligator management program on such lands in accordance with Rule 68A-25.032, F.A.C.
(14) No change.
(15) Fishing and Frogging:
(a) No change.
(b) Shooting frogs is permitted only during hunting seasons established for the particular wildlife management area and only with guns that are legal methods of take to use during each particular open hunting season.
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., 379.2223, 379.354 FS. HistoryNew 8-1-79, Amended 6-4-81, 6-21-82, 6-9-83, 9-27-83, 7-5-84, 7-1-85, Formerly 39-15.04, Amended 5-7-86, 5-10-87, 4-13-88, 8-18-88, 4-19-90, 4-4-91, 4-14-92, 10-22-92, 7-26-94, 11-6-94, 3-30-95, 10-23-95, 9-15-96, 6-1-97, 7-1-98, 12-28-98, 4-15-99, Formerly 39-15.004, Amended 7-1-00, 6-2-02, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-1-08, 7-1-09, 7-1-10, 1-1-11,_________.
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.
