68A-15.006: Regulations Relating to Miscellaneous Areas
PURPOSE AND EFFECT: The purpose of the proposed rule change is to better manage fish and wildlife resources and public hunting on miscellaneous areas. The effects of the proposed rule changes are to limit firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons on all miscellaneous areas managed by FWC; to prohibit the use crossbows during archery season on all miscellaneous areas managed by FWC; and to delegate the authority to manage hunting and fishing opportunities to the Preserve Manager on Babcock Ranch Preserve, consistent with the Babcock Ranch Preserve Act, the Management Agreement and legislative intent to further the purposes of the Preserve. This amendment will allow the Preserve Manager the opportunity to accrue revenue by instituting hunting and fishing opportunities envisioned by the Recreation Master Plan within the constraints of the approved Management Plan and statewide regulatory hunting framework. These opportunities would be subject to oversight of Commission staff and the Florida Division of Forestry. This proposed rule amendment does not apply to that portion of the Preserve owned by Lee County. Interim public hunting opportunities currently offered by the Commission will continue until the Preserve Manager is able to assume this role.
SUMMARY: The proposed rule changes would revise or establish specific area regulations on miscellaneous areas as follows:
Kissimmee River Public Use Area The proposed rule changes would limit firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons; and to prohibit the use crossbows during archery season.
Babcock Ranch Preserve The proposed rule changes would limit firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons and prohibit the use crossbows during archery season on the FWC managed hunting area; clarify that the Preserve Manager (Babcock Ranch Management, LLC, or any successor as authorized by Section 259.1053, F.S.) may authorize public access and use in addition to the access and use currently allowed in the FWC hunt area, establish the framework and sideboards within which the Preserve Manager may issue permits or authorizations for the take of fish and wildlife. Any authorizations must be consistent with the approved management plan and additional conditions that will apply include the issuance of a written permit which outlines the provisions of the hunting opportunity and that any authorization must comply with the zonal seasons, bag limits and methods of take.
Kissimmee Chain of Lakes Area The proposed rule changes would limit firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons; and to prohibit the use crossbows during archery season.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not __X__have an impact on small business. A SERC has ____ or has not _X_ been prepared by the agency.
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.
SPECIFIC 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: During the regular meeting of the Commission, September 1-3, 2010, 8:30 a.m. 5:00 p.m., each day
PLACE: Hilton Pensacola Beach Gulf Front, 12 Via de Luna Drive, Pensacola Beach, Florida 32561
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 hours before the workshop/meeting by contacting: The ADA Coordinator, at (850)488-6411. 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) No change.
(2) Kissimmee River Public Use Area.
(a) through (b) No change.
(c) General regulations:
1. Taking wildlife with guns shall be prohibited in the marshes and uplands except during the period beginning on the opening day of rail season established in Rule 68A-13.008, F.A.C., and ending on the closing day of spring turkey season established in Rule 68A-13.004, F.A.C. Taking wildlife with centerfire rifles is prohibited. Taking wildlife with crossbows is prohibited during the archery season. The marshes shall be those lands outside the Kissimmee River channel, the C-38 canal, and the Istokpoga canal. In posted archery/muzzleloading gun areas, only bows may be used during the zonal archery season, only muzzleloading guns may be used during the zonal muzzleloading gun season, only bows may be used during the antlered deer season, and only bows and muzzleloading guns may be used during other established seasons. The possession of guns shall be prohibited in the marshes and uplands in the northern portion of Bluff Hammock lying in the west 1/2 of Section 26 and the east 1/2 of Section 27, Township 34 South, Range 31 East, which are posted as closed to possession of guns.
2. through 9. No change.
10. Taking wild turkey with firearms other than shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.
(3) Babcock Ranch Preserve.
(a) Open season (in the FWC designated hunting area):
1. through 8. No change.
(b) The following are the only species of wildlife legal Legal to take within the FWC designated hunting area: All legal game (except quail) and wild hog. One antlered and one antlerless deer may be taken per quota permit during the archery season, family and general gun for mobility-impaired hunts. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person and per quota permit during the muzzleloading gun and general gun hunts. One turkey per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.
(c) Regulations controlling activities within the FWC designated hunting area: General regulations:
1. Hunting is prohibited except in the designated hunting area(s).
2. through 8. renumbered 1. through 7. No change.
9. The use of centerfire rifles for taking wild turkey during the spring turkey season is prohibited.
10. through 13. renumbered 8. through 11. No change.
12. Public access during the open seasons described in paragraph (a) is limited to those persons participating in the hunt.
13.14. Except Outside of the designated hunting area and during periods described in paragraph (a) and subparagraph (c)10. closed to hunting, public access and use is allowed only by Babcock Ranch Management, LLC, or any successor authorized by Section 259.1053, F.S., collectively herein referred to as Preserve Manager.
14. The Preserve Manager shall authorize the take of fish and wildlife within the FWC designated hunting area pursuant to subparagraph (d)2. except during periods described in paragraph (a) and subparagraph (c)10.
(d) Regulations controlling activities outside the FWC designated hunting area:
1. Outside the FWC designated hunting area, public access and use is allowed only by the Preserve Manager.
2. The Preserve Manager shall authorize the take of fish and wildlife provided all such authorizations shall be consistent with the currently approved management plan, adopted pursuant to Section 253.034, F.S., and the following conditions shall apply:
a. A written authorization or permit issued by the Preserve Manager, in addition to licensing as required by Section 379.354, F.S., shall be required to take fish or wildlife. These authorizations and permits shall be displayed for inspection upon the request of any law enforcement officer.
b. Open season for non-migratory game shall be consistent with zone A as specified in Rule 68A-13.004, F.A.C., in areas and during days specified by the Preserve Manager.
c. Open season for migratory game shall be consistent with Rules 68A-13.003 and 68A-13.008, F.A.C., in areas and during days specified by the Preserve Manager.
d. Open season for non-native species shall be year-round in areas and during days specified by the Preserve Manager.
e. Fishing shall be allowed in areas and during days specified by the Preserve Manager.
f. Legal to take, size limits, bag limits, season dates, locations, method of take and any additional restrictions shall be specified on each authorization or permit issued by the Preserve Manager, provided these authorizations shall not be more liberal than those found in Titles 68 and 68A, F.A.C.
(4) Kissimmee Chain of Lakes Area.
(a) through (b) No change.
(c) General regulations:
1. through 14. No change.
15. Taking wild turkey with firearms other than shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.
16. Taking wildlife with crossbows is prohibited during the archery season.
Rulemaking Authority Art. IV, Sec 9, Fla. Const. Law Implemented Art IV, Sec 9, Fla. Const. HistoryNew 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,________.
