The purpose of the rule amendment is to provide clear, objective criteria for the establishment of restricted hunting areas, and to eliminate rule language related to establishment of bird sanctuaries. The effect will be ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-19.002Establishment of Restricted Hunting Areas, and Bird Sanctuaries, Procedure

PURPOSE AND EFFECT: The purpose of the rule amendment is to provide clear, objective criteria for the establishment of restricted hunting areas, and to eliminate rule language related to establishment of bird sanctuaries. The effect will be increased efficiency in evaluating requests for restricted hunting areas.

SUMMARY: The proposed rule amendment would provide clear, objective criteria for the establishment of restricted hunting areas, and to eliminate rule language related to establishment of bird sanctuaries.

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:

DATE AND TIME: August 4 and 5, 2021, beginning at 8:30 a.m. each day

PLACE: At the Commission’s regularly scheduled meeting, Hyatt Regency Coconut Point, 5001 Coconut Road, Bonita Springs, Florida 34134.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: George Warthen, 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-19.002 Establishment of Restricted Hunting Areas Permits, and Bird Sanctuaries, Procedure.

(1) A restricted hunting area prohibiting the taking of game with a firearm, when the individual or the game is within 300 feet of a dwelling, shall be permitted by the Commission upon receipt of a complete application that is compliant with this rule and which is received from a local governmental body having jurisdiction over the proposed restricted hunting area. A complete application shall include:

(a)              A resolution passed by the local governmental body having jurisdiction over the area for which the restricted hunting area is being sought which clearly states that the governing body is seeking a restricted hunting area, and that they agree to assume the responsibility for enforcement of regulations which apply to such areas, including posting the area boundary with signs per subsection (6) below.

(b) Detailed maps and legal descriptions of the proposed restricted hunting area.

(c) Documentation that the proposed restricted hunting area has an average dwelling density of not less than 1 dwelling per acre.

(d) A statement that all residents in the proposed restricted hunting area have been contacted and invited to at least one public meeting discussing the resolution.

(e) A list of the local law enforcement agency(ies) that have agreed to enforce the ordinance adopted by the local government body pursuant to this Rule.

(2) Upon receipt of a complete application compliant with this Rule, the Executive Director or his or her designee shall issue a permit establishing the restricted hunting area and authorizing the local government to enact an ordinance in accordance with subsection (3).

(3) Upon receipt of the permit, the local government shall, in cooperation with Commission staff, enact a local ordinance in accordance with the permit and this Rule. The ordinance shall provide an exemption allowing a dwelling owner to take game with a firearm when the owner or game is within 300 feet of his or her own dwelling as well as for individuals in possession of written permission from the dwelling owner to do so.

(4) Restricted hunting areas shall not include any areas established pursuant to Rule 68A-14.0011, F.A.C., or any federally- owned or managed lands.

(5) Local law enforcement shall have sole responsibility for enforcing restricted hunting areas.

(6)              The local government shall be responsible for posting the restricted hunting area boundary with signs with pink backgrounds which read:  “RESTRICTED HUNTING AREA, Taking Game by Firearm Restricted within 300 Feet of any Dwelling” in black lettering not less than 2 inches in height, and shall include the controlling ordinance number on the sign in the same size lettering. The signs shall be placed at intervals of no more than 500 feet and must be easily visible from any point of ingress or egress. A restricted hunting area is not enforceable if it is not posted in accordance with this paragraph.

(7) For the purposes of this chapter, the term “dwelling” means a shelter built on land in which people live; a house, apartment, or other land-based place of residence.

(1) The Commission may establish bird sanctuaries for the protection of all birds and other wildlife and restricted hunting areas within any developed area upon the written request of the local governmental body having jurisdiction over such areas. In requesting establishment of such restricted hunting areas or bird sanctuaries, the governing body shall, by proper resolution or ordinance, officially agree to assume the responsibility for enforcement of regulations of the Commission which apply to such areas, including posting the area boundary with signs bearing the words “RESTRICTED HUNTING AREA, Hunting by Special Permit Only” or “BIRD SANCTUARY, No Hunting” established by Rule 68A-19.002, F.A.C., which shall be placed at intervals of no more than 500 feet, be easily visible from any point of ingress or egress and provide other necessary notice of such area to the public. Said governing body shall agree to instruct its duly authorized law enforcement personnel to enforce said regulations within the area.

(2) Following receipt of the request of the governing body the Commission shall, through its staff, investigate to ensure that the tract under consideration is sufficiently developed as to preclude recreational hunting in the interest of safety and that its closure will not result in a denial of reasonable and lawful hunting opportunity.

(3) Action by the Commission for the establishment of restricted hunting areas or bird sanctuaries as recommended by its staff shall be taken at its July and January meetings.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-19.02, Amended 5-10-87, 11-23-97, Formerly 39-19.002, Amended ____________.

 

PROPOSED EFFECTIVE DATE:  As soon as possible after approval by the Commission.

 

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: George Warthen, 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 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 7, 2021