The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs). 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-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). 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 revise specific area regulations on Wildlife and Environmental Areas (WEAs) as follows:

North Central Region

Lafayette Forest WEA – replace the wild hog-still season quota hunts (two 5-day hunts in January and February) with small game season hunts on the same days.

Santa Fe Swamp WEA – update rule language to conform with the new definition of legal game.

Suwannee Ridge WEA – update rule language to conform with the new definition of legal game.

Watermelon Pond WEA – update rule language to conform with the new definition of legal game.

Northwest Region

L. Kirk Edwards WEA – update rule language to conform with the new definition of legal game.

South Region

CREW WEA – allow wild hog to be hunted during small game season; and allow any dog to be used for hunting small game during general gun season.

DuPuis WEA – allow hunting of migratory birds during statewide seasons; allow any dog to be used for hunting migratory birds during their respective statewide seasons; and update rule language to conform with the new definition of legal game.

Hungryland WEA – allow only equestrian trailers to be used at Gate 8 and the associated parking area; prohibit possession of recreational off-highway vehicles (side-by-sides); and update rule language to conform with the new definition of legal game.

Southern Glades WEA – allow any dog to be used for hunting coots, ducks, geese, and snipe during their respective statewide seasons; allow all vessels (except airboats) in canals; and update rule language to conform with the new definition of legal game.

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: 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.

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 the statement of estimated regulatory costs, or to provide a proposal for lower cost regulatory alternatives must do so in writing within 21 days of this notice.

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, Florida Statutes

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting March 2-3, 2022, 8:30 a.m. to 5:00 p.m., each day.

PLACE: TBA

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: Paul Scharine, Public Hunting Areas Program Coordinator, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. No change.

2. Legal to take: Gray squirrel, rabbit, antlered deer, turkey, non-protected birds, non-protected mammals, wild hog, and fish. 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. Antlered and antlerless deer and turkey of either sex may be taken during the archery season. Only bearded turkey or gobblers may be taken during the spring turkey season.

3. No change.

(b) No change.

(c) Suwannee Ridge – Hamilton County.

1. No change.

2. Legal to take: Antlered deer, antlerless deer, wild hog, gobbler or bearded turkey (during spring turkey season only), gray squirrel, rabbit, non-protected birds, non-protected mammals, and furbearers. Two deer or two turkeys may be taken per quota permit. Only certified mobility-impaired hunters may take an antlerless deer. 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.

3. No change.

(d) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. through c. No change.

d. Wild hog-still – Opening 77 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing 4 days thereafter, and reopening 3 days later and closing 4 days thereafter.

d. e. Small game – Opening the day after the last day of the family hunt and closing 67 days thereafter, and reopening 13 days later and closing the last day of gray squirrel season as established by Rule 68A-13.004, F.A.C.

f. through j. renumbered e. through i. No change.

2. Legal to take: All legal game, fish and furbearers. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During the archery season, turkey of either sex may be taken and the bag limit for deer shall be one antlered or one antlerless deer per person, but no more than two deer per quota permit. During the family hunt the bag limit shall be one antlered or one antlerless deer per person. During the muzzleloading gun season, the bag limit shall be one antlered deer per person, but no more than two antlered deer per quota permit. During the wild hog-still season, only wild hog may be taken. During the spring turkey season, one gobbler or bearded turkey may be taken per person, but no more than two per quota permit.

3. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. No change.

2. Legal to take: All legal game, fish, frogs, turkey, and furbearers and antlerless deer. Taking of antlered deer not having at least one antler with two or more points is prohibited, except by persons less than 16 years of age. During archery season, deer (except spotted fawns) and turkey of either sex may be taken and the bag limit for deer shall be one per person.

3. through 4. No change.

(3) Northwest Region.

(a) through (b) No change.

(c) L. Kirk Edwards – Leon County.

1. through 2. No change.

3. Legal to take: All legal game (except, turkey may be taken (during spring turkey season only), fish, frogs and furbearers. 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. During the spring turkey season, one gobbler (or bearded turkey) may be taken per quota permit. During the archery season the bag limit for deer shall be one antlered or one antlerless deer per person, but not more than two per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the archery/muzzleloading gun season the bag limit for deer shall be one antlered deer per person, but not more than two per quota permit. Gobblers or bearded turkeys may be taken during the spring turkey season from one-half hour before sunrise until sunset.

4. No change.

(4) South Region.

(a) Southern Glades – Dade County.

1. through 2. No change.

3. General regulations:

a. Hunting with dogs is prohibited, except dogs may be used for taking hunting small game during small game season and waterfowl retrievers and bird dogs may be used to take ducks during the duck, geese, coots coot, and snipe during their respective statewide seasons.

b. through c. No change.

d. The use of tracked vehicles, buggies, airboats, unlicensed and unregistered motorcycles, and all-terrain vehicles is prohibited in the area, except that airboats may be used in uUnits 3 and 4 from the day after the last day of the general gun season through March 1., All vessels except airboats only outboard motor boats may be used within canals., and Motor vehicles may be operated on named or numbered roads only.

e. through j. No change.

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

1. Open season:

a. through h. No change.

i. Migratory game birds – During the seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

i. through j. renumbered j. through k. No change.

2. Legal to take: All legal game (except, gobblers or bearded turkeys may be taken (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 or youth 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 allowed for taking migratory birds during their respective statewide seasons and dogs are allowed permitted for taking hunting small game during the small game season.

d. through j. No change.

(c) CREW – Collier and Lee Counties.

1. No change.

2. Legal to take: All legal game, fish, frogs, and furbearers (except bobcat and otter). The bag limit for deer shall be one per quota permit. 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 taking of deer is prohibited in the Corkscrew Marsh Unit. One gobbler (or bearded turkey) may be taken per spring turkey quota permit. The taking of turkey and antlerless deer is prohibited during the archery season. The take of wild hog is prohibited during small game season.

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 to take small game during general gun season and any dog may be used to take small game during small game season.

c. through k. No change.

(d) No change.

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

1. Open season:

a. through e. No change.

f. Migratory game birds – During the migratory game bird seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

g. through h. No change.

2. Legal to take: All legal game (except hen or beardless turkey) Antlered deer, gobblers or bearded turkeys (during spring turkey season only), quail, gray squirrel, rabbit, raccoon, opossum, coyote, skunk, fish, frogs and furbearers (except bobcat and otter) migratory game birds as established by Rules 68A-13.003 and 68A-13.008, F.A.C. The bag limit for deer shall be one per person, two per quota permit. The taking of antlerless deer and turkey is prohibited during the archery season. 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.

3. No change.

4. General regulations:

a. No change.

b. Motorized vehicles may be operated only on named or numbered roads and in designated parking areas, unless otherwise posted as closed. Only equestrain trailers may be used at Gate 8 and the associated parking area. Motor vVehicles are prohibited on the Old Jupiter-Indiantown Grade.

c. The use or possession of tracked vehicles, buggies, airboats, unlicensed and unregistered motorcycles, off-highway vehicles (including side-by-sides), and all-terrain vehicles is prohibited.

d. through i. No change.

(5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2022

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, 9-14-17, 7-1-18, 7-1-19, 7-1-20, 7-1-21, 7-1-22.

 

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: December 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 5, 2021