The purpose of the proposed rule amendment is to revise the definitions of the following terms: all-terrain vehicle, bow, crossbow, and legal game. The effect of the proposed rule amendment will be to clarify these terms ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-1.004Definitions

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise the definitions of the following terms: all-terrain vehicle, bow, crossbow, and legal game. The effect of the proposed rule amendment will be to clarify these terms and correct inadvertent errors which will enable the agency to better manage fish and wildlife resources.

SUMMARY: The proposed rule amends the definitions of “All-terrain vehicle” to reflect the definition set forth in section 317.0003(1) (2022), F.S. which will have the effect of simplifying the permitting process for ADA accommodations related to ATVs and general regulations for use of ATVs on public lands; “Bow” and “Crossbow” to allow the use of commonly used commercially available bows and crossbows; and “Legal game” to correct the misspelling of the word “mammals” and an error that limited the take of game species other than crows.

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.

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-1.004 Definitions.

The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:

(1) through (4) No change.

(5) All-terrain vehicle – As defined in section 317.0003(1), F.S. (2022)An engine-powered vehicle with wheels or tracks of less than a 60-inch wheelbase measured from the center of the forward wheel or hub to the center of the rearmost wheel or hub.

(6) through (15) No change.

(16) Bow – A device consisting of flexible material having a string connecting its two ends, either indirectly by cables or pulleys or directly, for the purpose of discharging arrows; which propels arrows only by the energy stored by the drawing of the device; and which is hand-held, hand-drawn and hand-released; which is not equipped with a device that can mechanically hold the bowstring in the drawn (ready to fire) position; and which may include mechanical bowstring release devices provided they are only hand-held.

(17) through (23) No change.

(24) Crossbow – A device consisting of flexible material having a string connecting its two ends, either indirectly by cables or pulleys or directly, a bow affixed to a stock for the purpose of discharging quarrels, bolts, or arrows; which propels quarrels, bolts, or arrows only by the energy stored by the drawing of the device; and which utilizes a non-hand-held locking mechanism to maintain the device in a drawn or ready-to-discharge condition.

(25) through (40) No change.

(41) Legal game – Game birds, game mammals, and crows (during open seasons established for each species by Rule 68A-13.003, 68A-13.004 or 68A-13.008, F.A.C.), and non-protected birds, non-protected mammals mannals, and wild hog unless otherwise stipulated for a particular species in a regulation established for a specific wildlife management area, wildlife and environmental area, public small game hunting area or public use area.

(42) through (94) No change.

PROPOSED EFFECTIVE DATE: July 1, 2023

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, 4-1-07, 7-1-08, 10-23-08, 7-1-10, 11-8-10, 1-1-11, 4-9-13, 7-29-15, 5-11-16, 7-1-18, 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