The purpose of the proposed rule amendment is to revise specific area regulations on miscellaneous areas and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.006Regulations Relating to Miscellaneous Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on miscellaneous areas and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.

SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on miscellaneous areas as follows:

Babcock Ranch Preserve – prohibit trapping in the Tier II hunt areas except as authorized by the Commission.

Tenoroc Public Use Area – re-establish the upland portions of Tenoroc Fish Management Area (FMA) as the Tenoroc Public Use Area; and establish rules as necessary for the management of the uplands (consistent with the current management of Tenoroc FMA, and continue fishing as currently allowed on Tenoroc FMA).

Additionally, the proposed rule amendment would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule.

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:

DATES AND TIMES: During the Commission’s regular meeting February 8 - 9, 2017, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Plantation on Crystal River, 9301 W. Fort Island Trail Crystal River, Florida 34429.

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: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.. 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-15.006 Regulations Relating to Miscellaneous Areas.

(1) through (2) No change.

(3) Babcock Ranch Preserve.

(a) Open season (in the Tier I hunt area):

1. Archery – July 29 30 through August 1 2 and August 5-8 6-9.

2. Muzzleloading gun – September 2-4 3-5.

3. Family – September 16-17 17-18 and December 16-17 17-18.

4. General gun for mobility-impaired – December 1-3 2-4.

5. General gun – September 22-24 23-25, September 29 30 through October 1 2 and December 8-10 9-11.

6. Small game – January 6-21 7-22 and February 3-4 4-5 (Saturdays and Sundays only).

7. Spring turkey – March 3-5 4-6 and 10-12 11-13.

8. through 9. No change.

(b) through (c) No change.

(d) Regulations controlling activities in the Tier II hunt areas:

1. through 11. No change.

12. Trapping is prohibited, except as authorized by the Commission.

(e) through (f) No change.

(4) No change.

(5) Tenoroc Public Use Area.

(a) Open season: Fish – on days and lakes as provided by Rule 68A-20.005, F.A.C. and alligators as specified in Rule 68A-25.042, F.A.C.

(b) Legal to take: Fish as specified in Rule 68A-20.005, F.A.C. and alligator by persons participating in the statewide alligator trapping, permitting, taking and sale program as specified in Rule 68A-25.042, F.A.C.

(c) Camping: Prohibited.

(d) General regulations:

1. No person shall park any vehicle or trailer in a manner which obstructs a boat ramp.

2. All persons shall enter and exit at a designated entrance.

3. Dates and hours of public access and vehicle access shall be as established by order of the Executive Director.

4. Notwithstanding other provisions of this subsection, the Commission may allow activities to facilitate Commission-sponsored programs.

5. Public access and/or vehicle access may be prohibited or limited on area or portions thereof that are temporarily closed by administrative action to facilitate Commission-sponsored activities or authorized special events. To the extent circumstances permit, public notice of such closures shall be afforded through the FWC website, media and in-the-field postings.  The closure shall not exceed 14 days unless approved by the Executive Director.

6. The use of tracked vehicles, all-terrain vehicles, unlicensed and unregistered motorcycles and swamp buggies is prohibited.

7. Vehicles shall only be operated on named or numbered roads.

8. Vehicles shall not be parked further than 25 feet from designated roads or parking areas.

9. Bicycles and horses shall only be ridden on roads open for vehicle traffic or trails designated for that use.

10. The regulations contained in Rules 68A-15.004 and 68A-15.005, F.A.C., not in conflict with specific area regulations, shall apply to this area.

 

 

PROPOSED EFFECTIVE DATE:  July 1, 2017

Rulemaking 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, 7-1-09, 7-1-10, 11-9-10, 7-1-11, 7-1-12, 8-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17.

 

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.R.

 

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 16, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 8, 2016