The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-17.005Specific Regulations for Wildlife and Environmental Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) 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 WEAs.

SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife and Environmental Areas (WEAs) as follows:

North Central Region

Fort White WEA – extend the small game season from 14 to 30 days by adding one 16-day hunt in February; and allow any dog for hunting small game (quail, rabbit, squirrel and migratory birds) during small game season.

Lafayette Forest WEA – allow any dog for hunting small game (quail, rabbit, squirrel and migratory birds) during small game season.

South Region

CREW WEA – allow any dog for hunting small game (quail, rabbit, squirrel and migratory birds) during small game season.

John C. and Mariana Jones/Hungryland WEA – allow any dog for hunting small game (quail, rabbit, squirrel and migratory birds) during small game season.

John G. and Susan H. DuPuis Jr. WEA – allow any dog for hunting small game (quail, rabbit, squirrel and migratory birds) during small game season; remove rule prohibiting hunting within ¼ mile of primitive campgrounds; and clarify that only mobility-impaired hunters may harvest antlerless deer during the mobility-impaired season.

Southern Glades WEA – allow any dog for hunting small game (quail, rabbit, squirrel and migratory birds) during small game season; remove rule prohibiting hunting with a firearm within 500 yards of any building or structure; and prohibit hunting within 100 yards of 232nd Avenue.

Southwest Region

Lake Wales Ridge WEA, Royce Unit – improve hunting opportunity by beginning the third small game season hunt one week earlier and expanding this hunt from 3-days (Friday through Sunday) to 4-days (Friday through Monday, overlapping the Birthday of Marting Luther King, Jr.).

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 n; Sections 379.2223, 375.313, FS.

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: 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 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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) Southwest Region.

(a) through (e) No change.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

1. Open season:

a. Archery – September 22-24 23-25 and October 13-15 14-16.

b. General gun – November 17-19 18-20.

c. Small game – December 8-10 9-11, 22-24 23-25, opening 3 days prior to the third Monday in January and closing 3 days thereafter January 20-22 and February 2-4 27-29.

d. Wild hog-still – May 5-6 6-7 and 12-13 13-14.

e. Youth turkey hunt – March 10-11 11-12.

f. Spring turkey – March 17-19 18-20 and March 30 31 through April 1 2.

g. No change.

2. through 3. No change.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. Open season:

a. Archery – September 22 23 through October 20 21.

b. Muzzleloading gun – October 21-23 22-24.

c. Archery and muzzleloading gun – November 4 5 through December 31 January 1.

d. Spring turkey – March 17 18 through April 22 23.

e.  through f. No change.

2. through 3. No change.

(b) Fort White Mitigation Park – Gilchrist County.

1. Open season:

a. Archery season – October 21-25 22-26, October 28 29 through November 1 2 and November 11-15 12-16.

b. Small game – November 18 19 through December 1 2 and February 3-18.

c. Youth spring turkey – March 10-11 11-12.

d. Spring turkey – March 17-21 18-22 and 24-28 25-29.

e. through g. No change.

2. through 3. No change.

4. General regulations:

a. through b. No change.

c. Possession of any animal is prohibited except that a dog on a leash may be used to trail wounded game, any dog may be used to take small game bird dogs are allowed for hunting during the small game season and raptors may be used during the falconry season.

d. through f. No change.

(c) Suwannee Ridge – Hamilton County.

1. Open season:

a. Mobility-impaired general gun – October 13-15 14-16, 27-29 28-30, November 3-5 4-6 and December 15-17 16-18.

b. Mobility-impaired spring turkey – March 23-25 24-26 and April 13-15 14-16.

2. through 3. No change.

(d) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – September 23-27 24-28 and September 29 30 through October 3 4 and 6-10 7-11.

b. Muzzleloading gun season – October 21-23 22-24.

c. Family hunt – November 4-5 5-6 and 11-12 12-13.

d. Wild hog-still – January 20-24 21-25 and 27-31 January 28 through February 1.

e. Small game – February 3-18 4-19.

f. Youth spring turkey – March 10-11 11-12.

g. Spring turkey – March 17-19 18-20 and 23-25 24-26.

h. through j. No change.

2. No change.

3. General regulations:

a.  through c. No change.

d. Hunting with dogs other than bird dogs or waterfowl retrievers is prohibited during the small game season, except by persons hunting as specified in paragraph 68A-24.002(2)(b), F.A.C. and any dog may be used to take small game.

e. through h. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – October 14-22 15-23.

b. Small game – November 18 19 through December 3 4 and December 16 17 through January 7 8.

c. Youth spring turkey – March 10-11 11-12.

d. through g. No change.

2. through 3. No change.

(3) Northwest Region.

(a) through (b) No change.

(c) L. Kirk Edwards – Leon County.

1. No change.

2. Open seasons for that portion of the area east of Chaires Cross Road:

a. Archery – September 28 29 through October 1 2, October 12-15 13-16 and 26-29 27-30.

b. Family hunt – November 2-5 3-6.

c. Archery and muzzleloading gun – November 23-26 24-27, November 30 through December 3 1-4 and December 14-17 15-18.

d. Small game – December 29-31 30 through January 1, January 12-14 13-15, 26-28 27-29, February 9-11 10-12 and 23-25 24-26.

e. through h. No change.

3. through 4. No change.

(4) South Region.

(a) Southern Glades – Dade County.

1. Open season:

a. Archery – July 29 30 through August 27 28.

b. Muzzleloading gun – September 8-10 9-11.

c. General gun – September 16 17 through October 15 16 and November 20-26 21-27.

d. Small game – November 27 28 through February 25 26.

e. through g. No change.

2. No change.

3. General regulations:

a. Dogs are prohibited except dogs may be used for hunting small game during small game season and waterfowl retrievers and bird dogs may be used during the duck, coot, and snipe seasons.

b. No change.

c. Hunting is prohibited within 100 yards of 232nd avenue. The take of wildlife with a firearm east of the C-109 road, or within 500 yards of the Dade Work Camp, or any building or structure is prohibited.

d. through j. No change.

(b) John G. and Susan H. Dupuis Jr. – Palm Beach and Martin counties.

1. Open season:

a. Archery – September 8-10 9-11, 15-17 16-18 and 22-24 23-25.

b. Muzzleloading gun – October 6-8 7-9, 13-15 14-16 and 20-22 21-25.

c. General gun for mobility-impaired – October 28-29 29-31.

d. General gun – November 3-5 4-6 and 10-12 11-13.

e. Wild hog-still – November 14-16 15-17, November 28-30 29 through December 1, and and opening the second Saturday in April and closing 8 days thereafter, and opening the second Saturday in May and closing 8 days thereafter.

f. Spring turkey – March 6-8 7-9, 16-18 17-19 and 23-25 24-26.

g. Small game – December 2 3 through January 21 22.

h. through j. No change.

2. Legal to take: All legal game, gobblers or bearded turkeys (during spring season only), wild hog, fish and furbearers (except otter). Taking of antlered deer not having at least one antler with three or more points or one antler with a main beam of ten inches or more in length is prohibited, except by persons less than 16 years of age. Antlerless deer (except spotted fawns) may be taken during the archery and general gun for the mobility-impaired seasons. The bag limit for deer shall be one per quota permit, except during the general gun for mobility-impaired season when one (1) antlered and one (1) antlerless deer may be taken per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired season. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. The take of deer is prohibited during the wild hog season.

3. No change.

4. General regulations:

a. through b. No change.

c. Taking wildlife with dogs is prohibited except bird dogs and retrievers are permitted for hunting small game during the small game season.

d. through l. No change.

m. The take of wildlife with a firearm within 1/4 mile of the hiking trail campsites is prohibited.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. Archery – August 5-13 6-14.

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

c. General gun – November 18-26 19-27.

d. Small game –December 2-31 3 through January 1.

e. Spring turkey – March 3-6 4-7 and 7-11 8-12.

f. through h. No change.

2. through 3. No change.

4. General regulations:

a. No change.

b. Take of wildlife with dogs is prohibited except bird dogs or retrievers may be used during general gun season and any dog may be used to take small game during small game season seasons.

c. through k. No change.

(d) No change.

(e) John C. and Mariana Jones/Hungryland – Palm Beach and Martin Counties.

1. Open season:

a. Archery – September 9-12 10-13, 16-19 17-20, September 23-26 24-27 and September 30 through October 3 1-4.

b. Muzzleloading gun – October 14-16 15-17.

c. General gun – October 28-30 29-31, November 4-6 5-7 and 11-13 12-14.

d. Small game – November 18 19 through December 17 18.

e. Spring turkey – March 17 18 through April 1 2 (Wednesdays, Saturdays and Sundays only).

f. through h. No change.

2. through 3. No change.

4. General regulations:

a. through e. No change.

f. Taking wildlife with dogs is prohibited except bird dogs and retrievers may be used for taking small game and migratory birds during small game season and dogs may be used during small game season to take small game.

g. through i. No change.

(5) No change.

 

PROPOSED EFFECTIVE DATE:  July 1, 2017

 

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 7-1-83, Amended 11-30-83, 7-1-84, 8-21-85, Formerly 39-17.05, Amended 6-1-86, 8-13-87, 8-18-88, 8-17-89, 4-11-90, 7-1-91, 10-31-91, 4-14-92, 4-20-93, 7-1-94, 9-15-94, 3-30-95, 8-15-95, 7-1-96, 4-3-97, 10-28-97, 7-1-98, 8-11-98, 7-1-99, Formerly 39-17.005, Amended 7-1-00, 5-1-01, 6-2-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 1-6-09, 7-1-09, 10-29-09, 7-1-10, 7-1-11, 11-14-11, 7-1-12, 7-26-12, 7-1-13, 7-1-14, 7-2-14, 7-1-15, 7-29-15, 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