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 Tier I – extend scouting hours before each spring turkey quota hunt to 1½ hours before sunrise until 1½ hours after sunset; and shift the start of the general gun mobility-impaired and general gun quota hunts from Friday to Saturday (the length of the hunts will remain the same).

Babcock Ranch Preserve Tier II – reduce antler point restriction for harvesting antlered deer from "at least 1 antler having 4 or more points" to "at least 1 antler having 3 or more points OR one antler with a main beam of 10 inches or more" (consistent with Zone A antler point restrictions).

Kissimmee Chain of Lakes Area – allow deer to be hunted during archery, muzzleloading gun and general gun seasons in the Drasdo Unit.

Kissimmee River Public Use Area – establish two 5-day wild hog-dog hunts during the months of April and May (no quota requirement).

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: During the Commission’s regular meeting May 1-2, 2019, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Florida Public Safety Institiute Conference Center, 85 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 [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: Morgan Richardson, 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) No change.

(2) Kissimmee River Public Use Area.

(a) Open season:

1. through 3. No change

4. Wild hog – Opening the last Wednesday of April and closing 4 days thereafter and reopening the fourth Friday of May and closing 4 days thereafter. 

4. renumbered 5. No change.

(b) Legal to take: All legal game, wild hog, non-protected mammals, furbearers, fish, and frogs. 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 may be taken only during the archery season in that portion of the area north of State Road 70 and during the last nine days of archery season in that portion of the areas south of State Road 70. Bag and possession limits and shooting hours shall be those established under Rules 68A-13.003, 68A-13.004 and 68A-13.008, F.A.C., except that shooting hours for turkeys during the spring season shall be from one-half hour before sunrise until 1:00 p.m. and the daily bag limit for wild turkey shall be one per day.

(c) No change.

(3) Babcock Ranch Preserve.

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

1. Archery – July 28-31 and August 3-6 and 10-13 4-7.

2. Muzzleloading gun – September 7-9 1-3.

3. Family – September 21-22 15-16 and December 21-22 15-16.

4. General gun for mobility-impaired – November 30 through December 7-9 2.

5. General gun – September 21-23, September 28-30, October 5-7 and December 14-16 7-9.

6. Small game – January 11-26 5-20 and February 8-9 2-3 (Saturdays and Sundays only).

7. Spring turkey – March 7-9 2-4 and 14-16 9-11.

8. through 9. No change.

(b) No change.

(c) Regulations controlling activities within the Tier I hunt area:

1. through 8. No change.

9. Scouting is allowed one day prior to each hunt from 8:00 a.m. to sunset by individuals in possession of a valid quota permit for that hunt, except during spring turkey when scouting is allowed one day prior to each hunt from 1.5 hours before sunrise until 1.5 hours after sunset, and guest hunters and assistants may accompany them. There are no scout days for small game season.

10. through 14. No change.

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

1. through 2. No change

3. 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 four or more points is prohibited, except as provided by authorization from the Commission.

4. through 12. No change.

(e) through (f) No change.

(4) Kissimmee Chain of Lakes Area.

(a) No change.

(b) Legal to take: All legal game, wild turkey (but only bearded turkey or gobblers), wild hog, non-protected mammals, furbearers (except bobcat and otter), fish and frogs. The take of deer is prohibited in the Drasdo, East, and West Shore Units. The take of antlerless deer is prohibited. 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. The daily bag limit for wild turkey shall be one per day.

(c) No change.

(5) through (6) No change.

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, 7-1-18, 7-1-19.

 

PROPOSED EFFECTIVE DATE:  July 1, 2019

 

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: Morgan Richardson, 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: February 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 24, 2018