The purpose of the rule amendment is to provide rule language consistent with amendments to other rules related to restricted hunting areas. The effect will increase clarity and understanding of regulations relevant to newly ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-19.006Taking Game in Restricted Hunting Areas

PURPOSE AND EFFECT: The purpose of the rule amendment is to provide rule language consistent with amendments to other rules related to restricted hunting areas. The effect will increase clarity and understanding of regulations relevant to newly established restricted hunting areas.

SUMMARY: The proposed rule amendment would provide rule language consistent with amendments to other rules related to restricted hunting areas.

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.

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.

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

DATE AND TIME: August 4 and 5, 2021, beginning at 8:30 a.m. each day.

PLACE: At the Commission’s regularly scheduled meeting, Hyatt Regency Coconut Point, 5001 Coconut Road, Bonita Springs, Florida 34134.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: George Warthen, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-19.006 Taking Wildlife Game in Restricted Hunting Areas.

(1) Restricted hunting areas created prior to January 1, 2021 by Commission executive order and through proper resolution or ordinance by the local governing body shall be posted by the local governmental body. Signs shall read: “RESTRICTED HUNTING AREA, Hunting by Special Permit Only” and shall be placed at intervals of no more than 500 feet, be easily visible from any point of ingress or egress and provide other necessary notice of such area to the public. Said governing body shall agree to instruct its duly authorized law enforcement personnel to enforce said regulations within the area.

(2) No person shall take any wildlife using a gun in any restricted hunting area established prior to Janunary 1, 2021, using a gun unless such taking is authorized by a permit issued by the executive director or his or her designee. Such permits may be issued on an annual basis upon application by a landowner or lessee under the following conditions:

(a)(1) The taking of wildlife by the use of a gun would not endanger the safety of the public.

(b)(2) The taking of wildlife is subject to all applicable Commission regulations governing hunting such as bag limits, possession limits and hours of shooting.

(c)(3) At all times while hunting, the permit to take wildlife shall be in the possession of the landowner, lessee or their guests and invitees.

(d)(4) The executive director or his or her designee shall consult with the appropriate unit of local government prior to taking action on the request for permit.

(3) No person shall take any game with a firearm in any restricted hunting area established on or after January 1, 2021, except as provided in Rule 68A-19.002 or a permit issued pursuant to the Rule.

(4) Restricted hunting areas established on or after January 1, 2021, shall be created and enforced pursuant to Rule 68A‑19.002, F.A.C. 

Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 11-4-97, Formerly 39-19.006, Amended __________.

 

PROPOSED EFFECTIVE DATE:  As soon as possible after approval by the Commission.

 

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: February 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 7, 2021