: The purpose of the proposed rule amendment is to revise regulations pertaining to turkey bag limits and seasons in Holmes County, the antlerless deer permit program, and the statewide quail season. The effect of the proposed ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-13.004Hunting Regulations for Non-Migratory Game and Issuance of Antlerless Deer Permits and Private Lands Deer Management Permits

PURPOSE AND EFFECT: : The purpose of the proposed rule amendment is to revise regulations pertaining to turkey bag limits and seasons in Holmes County, the antlerless deer permit program, and the statewide quail season. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources.

SUMMARY: The proposed rule amendment would adjust regulations as follows:

Holmes County turkey bag limits – establish turkey bag limits for Holmes County consistent with statewide rules: daily bag, 2; spring season bag, 2; all fall seasons combined bag, 2; possession limit, 2.

Holmes County fall turkey seasons – establish that turkey may be taken during archery, crossbow, muzzleloading gun, and fall turkey seasons consistent with Zone D statewide regulations.

Antlerless deer permit program – allow antlerless deer permits to be issued to properties (not less than 150 contiguous acres) if they adjoin land with a current Private Lands Deer Management Permit.

Quail season end date – establish that the statewide quail season ends the first Sunday in March consistent with gray squirrel season. This minor change would prevent quail season from occasionally ending on leap day (February 29) one week earlier than gray squirrel season.

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 n; Section 375.313, Florida Statutes

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution ; Sections 379.3012, 379.3751, 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: Cory Morea, Deer Management 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-13.004 Hunting Regulations for Non-Migratory Game and Issuance of Antlerless Deer Permits and Private Lands Deer Management Permits.

The Commission has approved the following hunting regulations for taking non-migratory game.

(1) Bag and possession limits:

(a) No change.

(b) Turkey: daily bag, 2; spring season bag, 2 (except in Holmes County where the bag shall be 1); all fall seasons combined bag, 2; possession limit, 2.

(c) through (d) No change.

(2) No change.

(3) Open seasons:

(a) through (b) No change.

(c) Turkey:

1. Fall season (gobblers or bearded turkeys only): During the last 58 days of the antlered deer season in Zone A; during the first 58 days of the antlered deer season in Zones B and C; and during the first 41 days of the antlered deer season in Zone D except in Holmes County where there will be no open season.

2. No change.

(d) Quail: Opening the second Saturday of November and closing the first Sunday in March 113 days thereafter. Opening October 1 and closing March 31 for falconry.

(e) through (g) No change.

(h) Notwithstanding the provisions of paragraphs (3)(a), and (c)-(e), antlered deer, antlerless deer as provided by paragraph 3(b), gobblers or bearded turkeys, gray squirrel and quail may be taken:

1. During an archery season opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in Zones A, B and C and opening 33 days prior to the first day of the antlered deer season and closing 32 days thereafter in Zone D except that turkey may not be taken in Holmes County.

2. During a crossbow season opening 49 days prior to the first day of the antlered deer season and closing 34 days thereafter in Zones A, B and C and opening 33 days prior to the first day of the antlered deer season and closing 32 days thereafter and reopening 4 days after the fourth Thursday in November and closing 4 days thereafter in Zone D except that turkey may not be taken in Holmes County.

(i) Notwithstanding the provisions of paragraphs (3)(a), (c), (d), (e), and (g), antlered deer, antlerless deer as provided by paragraph (3)(b), gobblers or bearded turkeys, gray squirrel and quail may be taken:

1. During a muzzleloading gun season opening 14 days prior to the first day of the antlered deer season and closing 13 days thereafter in Zones A, B and C; and opening 9 days after the first day of the antlered deer season and closing 6 days thereafter in Zone D except that turkey may not be taken in Holmes County.

2. No change.

(j) No change.

(4) Issuance of antlerless deer permits to landowners – Antlerless deer may be taken under permit from the executive director during the archery, crossbow, muzzleloading gun, antlered and antlerless deer seasons in accordance with the following:

(a) A person who owns, leases or otherwise has written permission to take antlerless deer on specifically identified lands may apply for an antlerless deer permit in accordance with this subsection. An antlerless deer permit will be issued for property or an aggregate of contiguous properties not less than 640 acres in size; or for property or an aggregate of contiguous properties not less than 150 acres in size which are contiguous to property under a current antlerless deer permit or Private Lands Deer Management Permit. Agricultural lands that have been permitted within the previous 12 months for taking of deer for crop depredation purposes shall be exempt from the minimum acreage requirement of this rule.

(b) through (e) 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. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-13.04, Amended 6-1-86, 5-10-87, 6-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-1-92, 7-1-93, 3-1-94, 7-1-94, 7-1-96, 10-28-97, 4-27-98, 12-28-98, Formerly 39-13.004, Amended 7-1-01, 5-13-02, 10-16-02, 7-1-05, 7-1-06, 7-1-08, 7-1-10, 1-1-11, 7-26-12, 7-1-13, 6-1-13, 7-1-14, 7-2-14, 7-1-15, 7-29-15, 7-1-16, 7-1-17, 12-10-18, 7-1-19, 7-1-21, 7-1-2022.

 

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