68A-17.004: General Regulations Relating to Wildlife and Environmental Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify that migratory birds may be taken with centerfire shotguns during established area seasons when one or more migratory game birds are legal to take, except when prohibited by specific area rule; revise rule language related to the possession or use of guns for taking freshwater fish and wildlife; and allow the Executive Director or designee to issue permits to santioned raccoon or fox hunting organizations to allow raccoon hunting or fox chasing during otherwise closed seasons and at times and places designated in the permit. The effect of the proposed rule amendment would standardize rules on wildlife management areas and wildlife and environmental areas (WEAs) and enable the agency to better manage fish and wildlife resources and public use on WEAs.
SUMMARY: The proposed rule amendment would clarify that migratory birds may be taken with centerfire shotguns during established area seasons when one or more migratory game birds are legal to take, except when prohibited by specific area rule on wildlife and environmental areas (WEAs); revise rule language related to possession or use of guns for taking freshwater fish and wildlife; and allow the Executive Director or designee to issue permits to santioned raccoon or fox hunting organizations to allow raccoon hunting or fox chasing during otherwise closed seasons and at times and places designated in the 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 375.313 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-17.004 General Regulations Relating to Wildlife and Environmental Areas.
(1) through (5) No change.
(6) Guns:
(a) Possession of guns or firearms is allowed on wildlife and environmental 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, 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 fire any gun for testing or target practice, except on a Commission shooting range or at Commission sponsored shooting events.
(a)(b) Taking wildlife (except migratory birds during migratory bird season) with a firearm or crossbow is prohibited on any wildlife and environmental area during the established season for archery hunting unless otherwise stipulated in a regulation established for a specific area. Taking wildlife (except migratory birds during migratory bird season) with a gun (except a muzzleloading gun) is prohibited on any wildlife and environmental area during the established season for muzzleloading gun hunting. Taking wildlife with a gun is prohibited on any wildlife and environmental area during any season open only for the taking of fur-bearing animals or frogs unless otherwise stipulated in a regulation established for a specific area.
(c) No person shall have any gun under his control while under the influence of alcohol or drugs.
(d) through (e) renumbered (b) through (c) No change.
(f) 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 and environmental 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 and environmental area and the only legal means of vehicular access is through the wildlife and environmental area, provided they are transporting guns directly to or from said private lands.
(d) Taking migratory birds with centerfire shotguns is allowed during established area seasons when one or more migratory game birds are legal to take except when prohibited by specific area rule.
(7) Dogs:
(a) Dogs may be used for hunting during open seasons unless prohibited by regulations for the particular wildlife and environmental area. The Executive Director or designee may 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 (c) No change.
(8) through (13) No change.
(14) Alligators: Notwithstanding any other provision in Chapter 68A-17, F.A.C., the harvest of alligators, their eggs or hatchlings may be conducted on wildlife and environmental 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 and environmental areas shall not be required to check in and out at a check station or check any alligators taken.
(15) through (17) 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., 379.354, 375.313 FS. HistoryNew 4-12-98, Amended 12-28-98, Formerly 39-17.004, Amended 7-1-00, 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.
