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-17.005: Specific 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 revises regulations on WEAs by allowing possession of dogs under physical restraint for purposes other than hunting on certain areas; allowing the use of shotguns to take turkey in Santa Fe Swamp WEA; establishing a youth turkey hunt in the Apalachicola River WEA; expanding deer hunting and exempting waterfowl hunters from quota requirements in a portion of L. Kirk Edwards WEA; renaming the existing archery, muzzleloading gun, and general gun hunts as wild hog quota hunts in the Corkscrew Marsh Unit of CREW WEA; and expanding hunting opportunities for gray squirrel and/or quail in DuPuis, Hungryland, and Southern Glades WEAs. This 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.

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: 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, 2023, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Marriott Jacksonville, 4670 Salisbury Road, Jacksonville, Florida, 32256.

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) Little Gator Creek – Pasco County.

1. through 2. No change.

3. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

4. through 6. No change.

(b) Hickey Creek Mitigation Park – Lee County.

1. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 4. No change.

(c) Platt Branch Mitigation Park – Highlands County.

1. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 4. No change.

(d) No change.

(e) Bullfrog Creek Mitigation Park – Hillsborough County.

1. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 4. No change.

(f) No change.

(g) Perry Oldenburg Mitigation Park – Hernando County.

1. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 4. No change. 

(h) Chinsegut – Hernando County.

1. through 2. No change.

3. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

4. through 6. No change.

(i) Moody Branch Mitigation Park – Manatee County.

1. Possession of any animal is prohibited, except horses are allowed and dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 4. No change. 

(j) Crooked Lake Mitigation Park – Polk County.

1. Possession of any animal is prohibited, except horses are allowed and dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 4. No change. 

(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, shotguns, pistols, and crossbows are prohibited for taking wildlife except 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. through e. No change.

f. Trapping – Prohibited.

g. renumbered f. No change.

2. through 3. No change.

4. General regulations:

a. through b. No change. 

c. Possession of any animal is prohibited, except that dogs as provided by paragraph 68A-17.004(7)(c), F.A.C., a dogs on a leash may be used to trail wounded game, any dog may be used to take small game during the small game season and raptors may be used during the falconry season.

d. through g. No change.

(c) Suwannee Ridge – Hamilton County.

1. through 2. No change.

3. General regulations:

a. through f. No change.

g. The possession of dogs or horses is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c) 68A-15.004(7)(d), F.A.C., and dogs on a leash may be used for trailing wounded game.

h. through i. No change.

(d) Branan Field Mitigation Park – Duval and Clay counties.

1. No change.

2. Possession of dogs or trapping devices is prohibited.

3. Possession of dogs is allowed as provided by paragraph 68A-17.004(7)(c), F.A.C.

3. renumbered to 4. No change.

(e) Bell Ridge Mitigation Park.

1. Possession of any animal is prohibited, except dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

2. through 3. No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. through g. No change.

h.  Trapping – Prohibited.

i. renumbered h. No change.

2. No change.

3. General regulations:

a. through b. No change.

c. Possession of any animal is prohibited, except horses are allowed, dogs as provided by paragraph 68A-17.004(7)(c), F.A.C., dogs a dog on a leash may be used for trailing wounded game, dogs may be transported year-round on McCalls Chapel Grade, dogs may be used to hunt during small game season, and raptors may be used during the falconry season. Horses are allowed on firebreaks, designated trails, and named or numbered roads only.

d. through h. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. through e. No change.

f.  Trapping – Prohibited.

g. renumbered f. No change.

2. through 4. No change

(3) Northwest Region.

(a) No change.

(b) Apalachicola River – Gulf and Franklin counties.

1. Open seasons:

a. through d. No change.

e. Archery/Muzzleloading and muzzleloading gun – Opening the day immediately following the last day of the general gun season and closing 10 days thereafter.

f. through g. No change.

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

i. through l. No change.

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

2. through 3. No change.

4. General regulations:

a. Furbearers may be taken in accordance with the provisions of Rule 68A-24.002, F.A.C., except the use or possession of dogs is prohibited during the spring turkey season and traps may only be used during the established trapping season.

b. through d. No change.

e. Hunting with dogs, other than bird dogs or retrievers, is prohibited in that portion of the area posted as Northwest Florida Water Management District lands (except those lands lying south of the Chipola River and east of the St. Joe Canal) and on those lands lying east of East Bay and Cash Bayou, except during the wild hog-dog season. The take of deer with dogs is prohibited, except during the general gun season in the dog hunt area. The take of wild hog with dogs is prohibited, except during the general gun and small game seasons in the dog hunt area and throughout the area during the wild hog-dog season.

f. through i. No change.

(c) L. Kirk Edwards – Leon County.

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

a. through c. No change.

d. Migratory game birds – Migratory game birds Dduring seasons established in Rules 68A-13.003 and 68A-13.008, F.A.C.

e. No change.

f.  Archery – Opening 37 days prior to the first Saturday in November and closing 3 days thereafter, reopening 11 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

g. Family hunt – Opening the Thursday following the close of archery season and closing 3 days later.

h. Archery/Muzzleloading gun – Opening the fourth Thursday in November and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

2. Open seasons for that portion of the area east of Chaires Cross Road:

a. through b. No change.

c. Archery/Muzzleloading and muzzleloading gun – Opening the fourth Thursday in November and closing 3 days thereafter, reopening 4 days later and closing 3 days thereafter, and reopening 11 days later and closing 3 days thereafter.

d. Small game – Opening the second Saturday in November and closing the first Sunday in March (except during the archery/ and muzzleloading gun season).

e. through h. No change.

3. No change.

4. General regulations:

a. No change.

b. Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited, except any dog may be used to take small game during small game season. Taking deer and wild hog with dogs is prohibited.

c. through f. No change.

g. Individuals participating in waterfowl hunts in that portion of the area lying west of Chaires Cross Road are exempt from quota permit requirements.

(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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun season established for this area.

3. General regulations:

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

b. through e. No change.

f. Non-native reptiles may be taken year round.

f. g. Beginning the day Guns are a prohibited method of take for non-native reptiles, except when the use of guns to take game or alligators is authorized and after the last day of small game season through the second Sunday in April when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles for taking wildlife is prohibited.

h. Conditional non-native snakes and lizards, as listed in subsection 68-5.002(4), F.A.C., shall not be removed from the area alive.

g. i.  Beginning tThe day after small game season ends through the second Sunday in April, shooting hours for non-native reptiles shall be 1/2 hour before sunrise until 1/2 hour after sunset.

j. renumbered h. 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.

j.  Trapping is prohibited.

k. renumbered j. No change.

2. Legal to take: All legal game (except 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. Notwithstanding the quail season established by Rule 68A-13.004, quail may be taken throughout the general gun season established for this area.

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 for taking small game during the small game season. The take of wild hog with dogs is prohibited.

d. through j. No change.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. Archery – Opening 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (except in Corkscrew Marsh Unit).

b. Wild hog-still (archery only) – Opening 42 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Corkscrew Marsh Unit only).

c. b. Muzzleloading gun – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (except in Corkscrew Marsh Unit).

d. Wild hog-still (muzzleloading gun only) – Opening 14 days prior to the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 2 days thereafter (Corkscrew Marsh Unit only).

e. c. General gun – Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (except in Corkscrew Marsh Unit).

f. Wild hog-still – Opening 63 days after the first day of Zone A antlered deer season established by Rule 68A-13.004, F.A.C., and closing 8 days thereafter (Corkscrew Marsh Unit only).

d. through e. renumbered g. through h. No change.

f.  Trapping is prohibited.

g. through h. renumbered i. through j. No change.

2. through 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. The take of wild hog with dogs is prohibited.

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 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), fish, frogs and furbearers (except bobcat and otter). The bag limit for deer shall be one per person, 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 seasons established by Rule 68A-13.004, gray squirrel and quail may be taken throughout the general gun season established for this area.

3. No change.

4. General regulations:

a. through e. No change.

f. Taking wildlife with dogs is prohibited except bird dogs and retrievers may be used for taking migratory birds during their respective statewide seasons and during small game season dogs may be used to take small game. The take of wild hog with dogs is prohibited.

g. through i. No change.

(5) Northeast Region. Split Oak Forest Mitigation Park – Orange and Osceola counties.

(a) Possession of any animal is prohibited, except horses are allowed and dogs as provided by paragraph 68A-17.004(7)(c), F.A.C.

(b) through (d) No change.

PROPOSED EFFECTIVE DATE: July 1, 2023

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.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

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: November 30, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 08, 2022