The purpose of the proposed rule amendment is to accommodate the requests of the private landowners for Relay Wildlife Management Area (WMA) and the private holder of recreational and timber rights for Twelve Mile Swamp WMA to remove these areas ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.065Specific Regulations for Wildlife Management Areas - Northeast Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to accommodate the requests of the private landowners for Relay Wildlife Management Area (WMA) and the private holder of recreational and timber rights for Twelve Mile Swamp WMA to remove these areas from the WMA system. The effect would be removal of all references to Relay and Twelve Mile Swamp WMAs and allow them to be disestablished. In addition, the proposed rule amendment would revise specific area regulations on Herky Huffman / Bull Creek WMA to allow the take of bobcat and otter. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on Herky Huffman / Bull Creek WMA.

SUMMARY: The proposed rule amendment would remove references to Relay WMA and Twelve Mile Swamp WMA, allowing for their disestablishment. In addition, proposed rule amendment would revise specific area regulations to allow the take of bobcat and otter on Herky Huffman / Bull Creek WMA.

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; 379.2223, 375.313 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting, September 4, 5 and 6, 2013, 8:30 a.m. each day

PLACE: Crowne Plaza Pensacola Grand Hotel, 200 East Gregory Street, Pensacola, Florida

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-15.065 Specific Regulations for Wildlife Management Areas – Northeast Region.

(1) Herky Huffman/Bull Creek Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, fish, frogs and furbearers (except bobcat and otter). Taking of antlered deer not having at least one antler with three or more points, one inch or more in length, is prohibited. Taking wild hog is prohibited during small game season.

(c) through (d) No change.

(2) through (8) No change.

(9) Relay Wildlife Management Area.

(a) Open season:

1. General gun – November 2 through December 29.

2. Archery – September 14 through October 13.

3. Muzzleloading gun – October 19-27.

4. Small game – December 30 through March 2.

5. Youth turkey hunt – March 8-9.

6. Spring turkey – March 15 through April 20.

7. Fishing and frogging – Allowed during periods open to hunting.

(b) Legal to take: All legal game, fish, frogs and furbearers.

(c) Camping:

1. Camping is allowed only during periods when hunting is allowed and only at the designated campsite.

2. Camping equipment may be taken on the area the weekend prior to the opening of the archery season and during periods open to hunting. Camping equipment must be removed by the Saturday following the last day of the spring turkey season.

(d) General regulations:

1. Vehicles or horses may be used only on named or numbered roads.

2. Access to the area is allowed only from the Saturday two weeks prior to the archery season through the Saturday following the last day of the spring turkey season.

3. Taking wildlife with centerfire rifles or pistols is prohibited.

4. Access is allowed only by individuals possessing a valid recreational user permit, except as provided by Section 379.354, F.S.

5. Taking wild hog with the use of dogs is prohibited during the small game season.

6. Persons shall enter and exit at a designated entrance.

(10) through (28) renumbered (9) through (27) No change.

(29) Twelve Mile Swamp Wildlife Management Area.

(a) Open season:

1. Archery – September 14 through October 13.

2. Muzzleloading gun – October 19-27.

3. General gun – November 2 through the first Sunday in January.

4. Small game – The day following the close of general gun season through March 2.

5. Youth turkey hunt – March 8-9.

6. Spring turkey – March 15 through April 20.

7. Fishing and frogging – During periods open for hunting or scouting.

8. Trapping – The day following the close of general gun season through March 1.

(b) Legal to take: All legal game, fish, frogs and furbearers. Taking antlered deer not having at least one antler with three or more points one inch or more in length is prohibited.

(c) Camping: Prohibited.

(d) General regulations:

1. The possession or use of dogs other than bird dogs and waterfowl retrievers is prohibited.

2. Vehicles may be operated only on named and numbered roads.

3. Fires are prohibited.

4. Vehicles are prohibited on the area from 1.5 hours after sunset to 1.5 hours before sunrise. Persons may only enter and exit the area at designated entrances.

5. Access to the area is allowed only by individuals possessing a valid recreational use permit and only from the Saturday two weeks prior to the archery season through the last day of the spring turkey season.

6. Horses are prohibited.

7. The use of tracked vehicles, airboats, all-terrain vehicles and unlicensed and unregistered motorcycles is prohibited.

(30) through (36) renumbered (28) through (34) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 6-29-82, 7-1-83, 7-5-84, 10-1-84, 7-1-85, 5-7-86, 5-10-87, 5-1-88, 7-1-89, 12-19-89, 7-1-90, 7-1-91, 7-2-91, 7-2-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 7-1-98, 7-2-98, 8-11-98, 12-28-98, 7-1-99, Formerly 39-15.065, Amended 12-20-99, 7-1-00, 12-26-00, 7-1-01, 6-2-02, 7-28-02, 5-1-03, 7-1-03, 10-12-03, 7-1-04, 7-1-05, 1-4-06, 7-1-06, 8-22-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11, 8-11-11, 7-1-12, 7-26-12, 7-1-13,________.

 

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: June 11, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2013