The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the Northwest Region. The effect of the proposed rule amendment will be to enable the agency to better ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.063Specific Regulations for Wildlife Management Areas - Northwest Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the Northwest Region. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.

SUMMARY: The proposed rule amendment would revise specific area regulations on Wildlife Management Areas (WMAs) in the Northwest Region as follows:

Apalachicola WMA – during the deer dog training season allow training to occur during non-daylight hours.

Apalachicola WMA, Bradwell Unit – correct a clerical error in the open season for wild hog-still season to include a 2-day hunt the third weekend in July.

Blackwater WMA – increase the general gun dog season quota from 400 to 450 permits per hunt; increase the family hunt quota from 100 to 150 permits; and remove dog collar rules conflicting with and redundant to 68A-12.007.

Econfina Creek WMA – establish that individuals participating in waterfowl hunting are exempt from quota permit requirements.

Eglin AFB – clarify that it is prohibited to take wildlife with a gun on, from, or across road 204 (south of Range Road 314) and that portion of Range Road 211 west of Silver Creek to Range Road 610; prohibit the take of wildlife with shotguns using slugs or number 2 or larger shot during small game season; and remove dog collar rules redundant to 68A-12.007.

Joe Budd WMA – update rule language to conform with the new definition of legal game.

Juniper Creek WMA – update to allow take of non-protected birds in response to rule change for WMAs.

Plank Road WMA – update rule language to conform with the new definition of legal game.

Tate’s Hell WMA – increase the general gun still quota from 175 to 185 and the spring turkey quota from 200 to 205.

Tate’s Hell WMA, St. James Island Unit – establish open seasons and regulations for a new WMA (8,182 acres) in Franklin County as follows: 12-day archery season (four 3-day hunts, 25 no-cost, quota permits for each hunt, no exemptions); 6-day muzzleloading gun season (25 no-cost, quota permits for each hunt, no exemptions); 4-day family hunt (15 no-cost, quota permits, no exemptions); 9-day general gun season (three 3-day hunts, 25 no-cost, quota permits for each hunt, no exemptions); small game season opening the day after the last day of muzzleloading gun season and closing the first Sunday in March (no quota); doves, ducks, geese, coot, and woodcock may be taken during their respective statewide seasons (no quota except during coinciding quota hunts); 2-day youth turkey hunt (10 no-cost, quota permits, no exemptions); 12-day spring turkey season (six 2-day hunts, 7 no-cost, quota permits for each hunt, no exemptions); fishing and frogging allowed year-round; prohibit trapping; allow hunting of all legal game (except hen or beardless turkey), fish, frogs, and furbearers; prohibit the harvest of antlered deer not having at least 1 antler with 3 or more points or a 10-inch main beam (except by persons less than 16 years of age); the bag limit for deer shall be 1 deer per quota permit during the archery season, 1 antlered deer per quota permit during the muzzleloading gun and general gun seasons, and 2 antlered deer per quota permit, but no more than 1 per person during the family hunt; prohibit the harvest of antlerless deer except during archery season; allow take of turkey during archery, youth turkey, and spring turkey seasons (gobbler or bearded turkey only); the bag limit for turkey shall be 1 per quota permit; allow take of wild hog during small game season and quota hunts (except youth and spring turkey) with no bag limits or size restrictions; allow public access year-round; allow motor vehicles to be operated only on named or numbered roads and to enter and exit the area only at designated entrances as indicated on the hunt map; prohibit airboats, off-highway vehicles, swamp buggies, and tracked vehicles; prohibit hunting with dogs, except bird dogs and retrievers may be used to hunt doves, ducks, geese, and coots during their respective statewide seasons and any dog may be used to hunt small game (gray squirrel, migratory game birds, quail, and rabbits) during small game season; prohibit hunting with centerfire rifles during small game season; allow camping in tents, trailers, or self-propelled camping vehicles at designated campsites by permit only; and prohibit fires other than campfires at designated campsites.

Tyndall AFB WMA – establish the West End Unit into the WMA; allow hunting with crossbows during archery season at the discretion of the installation commander; establish a bag limit of 3 deer (but no more than 2 antlerless deer), all seasons combined except on the Flightline Unit where statewide bag limits for deer shall apply; within the East and West units, establish that the take of deer not having 4 or more points on one side is prohibited (unless otherwise specified by the installation commander); and prohibit the take of deer with ammunition other than slugs/single projectiles when hunting with shotguns or muzzleloading guns.

Yellow River WMA – prohibit hunting with centerfire rifles during small game season.

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 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 379.2223, 375.313, Florida Statutes

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: Justin Bingham, South Region Public Hunting Areas Biologist, Fish and Wildlife Conservation Commission, South Regional Office, 8535 Northlake Blvd., West Palm Beach, Florida 33412, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-15.063 Specific Regulations for Wildlife Management Areas – Northwest Region.

(1) No Change.

(2) Apalachicola Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. Bird dogs may be trained from June 1 through the last day of small game season, except on the quail enhancement area where bird dogs may be trained November 1 through December 31. Deer dogs may be trained beginning ½ hour before sunrise the last Saturday in October and ending 11:59 p.m. 19 days thereafter (including non-daylight hours) only in that portion of the area open to hunting fox, raccoon, opossum and bobcats.

2. through 7. No change.

(3) Apalachicola Wildlife Management Area – Bradwell Unit.

(a) Open season:

1. through 7. No change.

8. Wild hog-still – Opening the third Friday of the month and closing 2 days thereafter in May, June, July, August, and September.

9. through 11. No change.

(b) through (d) No change.

(4) Blackwater Wildlife Management Area.

(a) through (e) No change.

(f) General regulations:

1. through 3. No change.

4. The taking or pursuing of deer, fox or coyote with dogs is prohibited in that portion of the dog hunt area east of Belandville Road unless each dog is equipped and monitored with devices that allow behavior correction. The device(s) must be attached by a collar or similar means and must be used to prevent dog egress into unauthorized areas.

5. through 13. renumbered 4. Through 12. No change.

(5) through (6) No change.

(7) Joe Budd Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, turkey of either sex, fish, frogs and furbearers. During small game season, dove (Saturdays only, during phases established by Rule 68A-13.008, F.A.C.), quail and squirrel may be taken. Taking of antlered deer not having at least one antler with three or more points is prohibited, except by persons less than 16 years of age. Antlerless deer is any deer, except a spotted fawn, that is without antlers or whose antlers are less than one inch in length visible above the hairline. Antlerless deer may be taken by antlerless deer permit only. Only gobblers or bearded turkeys may be taken during the spring turkey season.

(c) through (d) No change.

(8) through (15) No change.

(16) Eglin AFB Wildlife Management Area.

(a) Open season:

1. No change.

2. Muzzleloading gun – During the first 7 days of Zone D muzzleloading gun season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

3. through 6. No change.

7. Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

8. No change.

9. Raccoon, fox, opossum, and bobcat – May 15 through August 31 in areas and during days specified by the Installation Commander.

10. Trapping – December 1 through March 1 in areas and during days specified by the Installation Commander.

11. through 12. No change.

(b) through (c) No change.

(d) General regulations:

1. Possession of or taking wildlife with dogs other than bird dogs or retrievers is prohibited in areas specified by the Installation Commander. The taking or pursuing of deer, fox, wild hog or coyote with dogs is prohibited unless each dog is equipped and monitored with devices that allow remote tracking and behavior correction. The device(s) must be attached by a collar or similar means and must be used to prevent dog egress into unauthorized areas. The remote tracking device(s) would include Global Positioning System (GPS) or telemetry tracking.

2. through 3. No change.

4. Taking wildlife by use of a gun on or from the rights-of-way of any paved Eglin road, Range Roads 200, 213, 234, 204 (south of Range Road 314), and those portions the portion of Range Road 211 from Highway 85 west of Silver Creek to Range Road 610, and all other roads posted as such, is prohibited as provided by Rule 68A-4.008, F.A.C.

5. through 13. No change.

14. Taking wildlife with shotguns using slugs or shot larger than number 2 during small game season is prohibited.

(17) No change.

(18) Tyndall AFB Wildlife Management Area.

(a) Open season:

1. Archery – During Zone D archery season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

2. Muzzleloading gun – During the first 7 days and Zone D muzzleloading gun season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

3. General gun – During Zone D antlered deer season as established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

4. No change.

5. Youth turkey hunt – During the youth turkey hunt established by Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

6. Spring turkey – During the spring turkey season established in Rule 68A-13.004, F.A.C., in areas and during days specified by the Installation Commander.

7. Small game – Opening the second Saturday in November and closing 113 days thereafter in areas and during days specified by the Installation Commander.

8. Migratory game birds – In areas and dDuring days specified by the Installation Commander within seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. through 10. No change.

(b) Legal to take: All legal game, bear (only during the bear season), fish, frogs 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 in areas specified by the Installation Commander. Within the East and West units, the take of deer not having at least one antler with four or more points is prohibited unless otherwise specified by the Installation Commander. The Installation Commander may specify areas and days where taking of antlered deer not having at least one antler with three or more points is prohibited, and where persons less than 16 years of age may harvest antlered deer not meeting antler point criteria. Antler restrictions shall not apply during the supervised youth hunt. Antlerless deer may be taken during established seasons only by permit from the Installation Commander. The bag limit for deer shall be 3 (but no more than 2 antlerless deer) during all seasons combined, except on the Flightline Unit where statewide bag limits for deer shall apply.

(c) No change.

(d) General regulations:

1. through 4. No change.

5. Taking deer with shotguns or muzzleloading guns using ammunition other than slugs or single projectiles is prohibited.

6. Taking wildlife with crossbows during the archery season is allowed only in areas and during days as specified by the Installation Commander.

(19) through (20) No change.

(21) Yellow River Wildlife Management Area.

(a) through (c) No change.

(d) General regulations:

1. through 5. No change.

6. Taking wildlife with centerfire rifles is prohibited during small game season.

(22) Econfina Creek Wildlife Management Area.

(a) through (e) No change.

(f) General regulations:

1. through 12. No change.

13. Individuals participating in waterfowl hunts are exempt from quota permit requirements except in the Cat Creek, Fitzhugh Carter, and mobility-impaired areas.

13. renumbered 14. No change.

(23) through (26) No change.

(27) Juniper Creek Wildlife Management Area.

(a) No change.

(b) Legal to take: Antlered deer with at least one antler with two or more points, antlerless deer, bear (only during the bear season), wild hog, non-protected birds, non-protected mammals, and wild turkey (during the youth turkey hunt only). The bag limit for deer shall be one antlered or one antlerless deer per person. During youth turkey hunts, one gobbler or bearded turkey may be taken per youth.

(c) through (d) No change.

(28) through (29) No change.

(30) Plank Road Wildlife Management Area.

(a) No change.

(b) Legal to take: All legal game, wild turkey (except hen or beardless bearded turkey or gobblers only), fish, frogs and furbearers. Taking antlered deer not having at least one antler with three or more points or one antler with a main beam of 10-inches or more in length is prohibited, except by persons less than 16 years of age. The take of antlerless deer is prohibited except during the family hunt and mobility-impaired general gun season. During the family hunt, the bag limit shall be two deer per quota permit, only one of which may be antlerless. During the mobility-impaired general gun season the bag limit for antlerless deer shall be one per quota permit and only mobility-impaired hunters may take antlerless deer.

(c) through (d) No change.

(31) Tate’s Hell Wildlife Management Area – St. James Island Unit.

(a) Open season:

1. Archery – Opening 33 days prior to the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (Saturday-Monday); and reopening 4 days later and closing 16 days thereafter (Fridays, Saturdays, and Sundays only).

2. Muzzleloading gun – Opening 9 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter; and reopening 53 days later and closing 2 days thereafter.

3. Family hunt – Opening the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 3 days thereafter.

4. General gun – Opening 29 days after the first day of Zone D antlered deer season established by Rule 68A-13.004, F.A.C., and closing 9 days thereafter (Fridays, Saturdays, and Sundays only); and reopening 19 days later and closing 2 days thereafter.

5. Small game – Opening the day after the last day of muzzleloading gun season and closing the last day of gray squirrel season established by Rule 68A-13.004, F.A.C.

6. Youth turkey – During the youth turkey hunt established by Rule 68A-13.004, F.A.C.

7. Spring turkey – Opening the first day of spring turkey season established by Rule 68A-13.004, F.A.C., and closing 36 days thereafter (Saturdays and Sundays only).

8. Migratory game birds – Doves, ducks, geese, coot, snipe, and woodcock may be taken during their respective statewide seasons as established by Rules 68A-13.003 and 68A-13.008, F.A.C.

9. Fishing and frogging – Allowed year-round.

(b) Legal to take: All legal game (except hen or beardless turkey), fish, frogs, and furbearers. Taking of antlered deer not having at least 1 antler with 3 or more points or 1 antler with a main beam of 10 inches or more in length is prohibited, except by persons less than 16 years of age. During the archery season, the bag limit for deer shall be 1 deer (except spotted fawn) per quota permit. During the muzzleloading gun and general gun seasons, the bag limit for deer shall be 1 antlered deer per quota permit. During the family hunt, the bag limit for deer shall be 2 antlered deer per quota permit, but no more than 1 per person. During the archery, youth turkey, and spring turkey seasons, 1 gobbler or bearded turkey may be taken per quota permit.

(c) Camping: Prohibited, except in designated campsites by permit from the Florida Forest Service. Only tents, trailers, or self-propelled camping vehicles may be used for camping.

(d) General regulations:

1. Public access is allowed year-round.

2. Motor vehicles may be operated only on named or numbered roads and shall enter and exit the area only at designated entrances as indicated on the hunt map.

3. Airboats, off-highway vehicles (which includes all-terrain vehicles, side-by-sides, and unlicensed and unregistered motorcycles) swamp buggies, and tracked vehicles are prohibited, except by permit from the Florida Forest Service.

4. Hunting with dogs is prohibited, except bird dogs and retrievers may be used for taking doves, ducks, geese, and coots during their respective statewide seasons and any dog may be used to take small game during small game season.

5. Taking wildlife with centerfire rifles is prohibited during small game season.

6. Fires, other than campfires at designated campsites, are prohibited.

PROPOSED EFFECTIVE DATE: July 1, 2022

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 7-5-84, 7-1-85, 5-7-86, 5-10-87, 6-8-87, 5-1-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 9-1-91, 7-1-92, 7-2-92, 7-1-93, 3-1-94, 7-1-94, 7-1-95, 7-2-95, 8-15-95, 7-1-96, 7-2-96, 6-1-97, 12-3-97, 7-1-98, 7-2-98, 8-11-98, 7-1-99, Formerly 39-15.063, Amended 11-17-99, 7-1-00, 7-1-01, 7-22-01, 6-2-02, 5-1-03, 7-1-03, 7-1-04, 7-2-04, 8-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 7-1-10, 7-1-11, 11-14-11, 7-1-12, 7-1-13, 7-1-14, 7-2-14, 11-2-14, 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