The purpose of the proposed rule amendment is to revise regulations on Miscellaneous Areas. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.006Regulations Relating to Miscellaneous Areas

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations on Miscellaneous Areas. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.

SUMMARY: The proposed rule amendment would revise or establish specific area regulations on miscellaneous areas as follows:

Babcock Ranch Preserver, Tier I Hunt Area – remove unnecessary reference to the take of gray squirrel during general gun season, given the proposed expansion of the statewide squirrel season.

Babcock Ranch Preserve, Tier II Hunt Area – prohibit access to any portion of the Babcock Ranch Preserve, except as allowed by rule and require that permittees and participants enter and exit from their designated access and proceed directly to their permitted area.

Kissimmee Chain of Lakes Area – add rule language to keep the gray squirrel season the same on the area given the proposed expansion of the statewide squirrel season.

Kissimmee Chain of Lakes, Rolling Meadows Unit – add rule language to keep the gray squirrel season the same on the area given the proposed expansion of the statewide squirrel season.

Additionally, the proposed rule amendment also clarifies existing rules; removes unnecessary, redundant, or conflicting language; corrects prior mistakes; and makes non-substantive, technical corrections.

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.

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: Art. IV, Sec. 9, Fla. Const.

LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.

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

DATE AND TIME: During the Commission’s regular meeting February 21-22, 2024, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Donald L. Tucker Civic Center, 505 West Pensacola Street, Tallahassee, Florida, 32301.

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] or [e-mail].

 

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) Open season:

1. Non-migratory game – Zonal seasons established under Rule 68A-13.004, F.A.C., except that open season for rabbit and gray squirrel shall be from the second Saturday in October through the first Sunday in March during the zonal squirrel season only and crossbow season shall be the last 5 days of the zonal crossbow season only.

2. through 5. No change.

(b) No change.

(c) General regulations:

1. through 8. No change.

9. Taking wild turkey with firearms other than centerfire or muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.

10. No change.

(3) Babcock Ranch Preserve.

(a) No change.

(b) The following are the only species of wildlife legal to take within the Tier I hunt area: All legal game (except quail) 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 archery season, family and general gun for mobility-impaired hunts the bag limit for deer shall be two deer per quota permit. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person, but no more than two per quota permit during the muzzleloading gun and general gun hunts. Notwithstanding the gray squirrel season established by Rule 68A-13.004, F.A.C., gray squirrel may be taken during the family and general gun seasons established for this area. One gobbler (or bearded turkey) per person, but no more than two per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.

(c) No change.

(d) Regulations controlling activities in the Tier II hunt areas:

1. through 9. No change.

10. Taking wild turkey with firearms other than centerfire and muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.

11. through 14. No change.

15. Access to any portion of the Babcock Ranch Preserve, including other Tier II areas, is prohibited, except as provided in Subsection 68A-15.006(3). Permittees and participants shall enter and exit at their designated access route and proceed directly to their permitted area.

(e) through (f) No change.

(4) Kissimmee Chain of Lakes Area.

(a) Open season:

1. Non-migratory game – During Zonal seasons established under Rule 68A-13.004, F.A.C., except deer and turkey shall only be taken during those seasons established for Zone B and crossbow season shall be the last 5 days of the Zone B crossbow season only and gray squirrel shall only be taken from the second Saturday in October until the first Sunday in March.

2. through 4. No change.

(b) Legal to take: All legal game (except hen or beardless turkey), furbearers (except bobcat and otter), fish and frogs. The take of deer is prohibited in the East and West Shore Units. The take of antlerless deer is prohibited. 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 take of beardless hen wild turkey is prohibited. The daily bag limit for wild turkey shall be one per day.

(c) General regulations:

1. through 12. No change.

13. Taking wild turkey with firearms other than centerfire and muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited.

14. No change.

(5) Tenoroc Public Use Area.

(a) through (c) No change.

(d) General regulations:

1. through 4. No change.

5. Public access and/or vehicle access may be prohibited or limited on areas or portions thereof that are temporarily closed by administrative action to facilitate Commission-sponsored activities or authorized special events. To the extent circumstances permit, public notice of such closures shall be afforded through the FWC website, media and in-the-field postings. The closure shall not exceed 14 days unless approved by the Executive Director.

6. through 10. No change.

(6) Kissimmee Chain of Lakes Area – Rolling Meadows Unit.

(a) Open season:

1. Non-migratory game – During Zonal seasons established under Rule 68A-13.004, F.A.C., except deer and turkey shall only be taken during those seasons established for Zone B and crossbow season shall be the last 5 days of the Zone B crossbow season only and gray squirrel shall only be taken from the second Saturday in October until the first Sunday in March.

2. through 4. No change.

(b) Legal to take: All legal game (except hen or beardless turkey), furbearers (except bobcat and otter), fish and frogs. The take of antlerless deer is prohibited. 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 take of beardless hen wild turkey is prohibited. The daily bag limit for wild turkey shall be one per day.

(c) No change.

PROPOSED EFFECTIVE DATE: July 1, 2024

Rulemaking Authority Art. IV, Sec 9, Fla. Const. Law Implemented Art IV, Sec 9, Fla. Const. History–New 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, 11-9-10, 7-1-11, 7-1-12, 8-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 7-1-18, 7-1-19, 7-1-20, 9-13-20, 7-1-21, 7-1-22, 7-1-23, 7-1-24.

 

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 5, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2023.