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 WEAs as follows:

Southwest Region

Lake Wales Ridge WEA – shift the opening of the wild hog-still hunt from the first Saturday in May to the second Saturday in May.

North Central Region

Watermelon Pond WEA – establish a 3-day spring turkey season (5 no-cost, quota permits, no exemptions) to occur the third weekend of the statewide spring turkey season; and allow users to access the area from County Road 337 and SW 250th Street by removing the requirement to enter and exit the area at a designated entrance.

Northwest Region

Apalachicola River WEA – extend the existing May-September wild hog-dog hunts from 3 days to 7 days each; allow wild hogs to be hunted with dogs throughout the dog hunt area during the wild hog-dog season; and clarify that during the wild hog-dog season, wild hog may be hunted during the day with or without dogs and no wild hog shall be shot at night until bayed by dogs.

South Region

CREW WEA – add a 2-day youth turkey hunt (10 no-cost, quota permits, no exemptions) beginning the last Saturday of February and establish a bag limit of one gobbler or bearded turkey per youth turkey quota permit.

DuPuis WEA – establish an archery-only hunting area east of the dove field, west of Powerline Grade, south of State Road 76, and north of Jim Lake Grade and the firebreak connecting Jim Lake and Powerline grades.

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. 375.313, FS.

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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) Southwest Region.

(a) through (e) No change.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

1. Open season:

a. through c. No change.

d. Wild hog-still – Opening the second first Saturday in May and closing 8 days thereafter (Saturdays and Sundays only).

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

f. through g. No change.

2. through 3. No change.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. through 2. No change.

3. General regulations:

a. through b. No change.

c. Centerfire or rimfire rifles, centerfire shotguns, centerfire pistols, and crossbows are prohibited for taking wildlife except centerfire shotguns may be used to take wild turkey during spring turkey season.

d. through e. No change.

(b) Fort White Mitigation Park – Gilchrist County.

1. Open season:

a. No change.

b. Small game – Opening 12 days after the first day of Zone C antlered deer season established by Rule 68A-13.004, F.A.C., and closing the first Sunday in March last day of gray squirrel season established by Rule 68A-13.004, F.A.C.

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

d. through f. No change.

2. through 4. No change.

(c) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. through c. No change.

d. Small game – Opening the day after the last day of the family hunt and closing the first Sunday in March last day of gray squirrel season as established by Rule 68A-13.004, F.A.C.

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

f. through h. No change.

2. through 3. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. through b. No change.

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

d. through f. No change.

g. Spring turkey – Opening 13 days after the first day of the spring turkey season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter.

2. through 3. No change.

4. General regulations:

a. Persons shall enter and exit the area only through County Road 337, SW 250th street, at designated entrances or via Watermelon Pond.

b. through e. No change.

f. Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state. Participants must enter and exit the area only at a designated quail release entrance.

g. No change.

(3) Northwest Region.

(a) No change.

(b) Apalachicola River – Gulf and Franklin counties.

1. Open seasons:

a. through c. No change.

d. Small game – During the open seasons established in Rule 68A-13.004, F.A.C., except gray squirrel season shall open the second Saturday of November and close the first Sunday in March.

e. No change.

f. Spring turkey – During the spring turkey season established for Zone D in Rule 68A-13.004, F.A.C., excluding the youth turkey hunt.

g. Wild hog-dog – Opening the third Friday and closing 6 2 days thereafter in the months of July, August, September, May and June, except in that portion of the area east of the Apalachicola River, east of the East River and north of Sam’s Creek Cut-off.

h. through m. No change.

2. through 3. No change.

4. General regulations:

a. through g. No change.

h. During the wild hog-dog season, wild hog may be taken during the day (with or without dogs) or at night by the aid of a light with dogs and a firearm, provided that no wild hog shall be shot at night until bayed by dogs. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.

i. Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.  The release of northern bobwhite is allowed only in that portion of the area east of the Apalachicola River, east of the East River, north of Sam’s Creek Cutoff, and west of East Bay.

(c) L. Kirk Edwards – Leon County.

1. Open seasons for that portion of the area west of Chaires Cross Road:

a. Small game – Opening the second Saturday in November and closing through the close of the first Sunday in March gray squirrel season established in Rule 68A-13.004, F.A.C.

b. Youth turkey hunt – During the youth turkey hunt for Zone C established in Rule 68A-13.004, F.A.C.

c. through h. No change.

2. through 3. No change.

4. General regulations:

a. through e. No change.

f. Northern bobwhite may be released and taken by centerfire or muzzleloading shotgun during the small game season provided each individual or group participating possesses a daily permit and proof (including the name and address of the vendor and date of purchase) that the northern bobwhite were purchased within the past 90 days from a game farm licensed by the Commission or another state.

g. No change.

(4) South Region.

(a) Southern Glades – Dade County.

1. No change.

2. Legal to take: All legal game (except turkey), fish, frogs and furbearers (except bobcat and otter). Take of antlerless deer is prohibited during archery season. 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. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun season established for this area.

3. No change.

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

1. Open season:

a. through e. No change.

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

g. through j. No change.

2. through 3. No change.

4. General regulations:

a. through i. No change.

j. Taking wildlife with firearms other than centerfire and muzzleloading shotguns is prohibited during the small game season.

k. Taking wildlife with guns other than bows is prohibited in the archery-only area, delineated as that portion of the area lying east of the dove field, west of Powerline Grade, south of State Road 76, and north of Jim Lake Grade and the firebreak connecting Jim Lake and Powerline grades.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. through j. No change.

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

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 and youth turkey quota permit. The taking of turkey and antlerless deer is prohibited during the archery season.

3. through 4. No change.

(d) No change.

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

1. No change.

2. Legal to take: All legal game (except hen or beardless turkey), fish, frogs and furbearers (except bobcat and otter). The bag limit for deer shall be two per quota permit, but no more than one per person. 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. Notwithstanding the gray squirrel and quail season seasons established by Rule 68A-13.004, F.A.C., gray squirrel and quail may be taken throughout the general gun season established for this area.

3. through 4. No change.

(5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2024

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, 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.