68A-15.064: Specific Regulations for Wildlife Management Areas - South Region
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.
SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife Management Areas (WMAs) in the South Region as follows:
Allapattah Flats WMA – remove the requirement for hunters to check in and check game at the check station.
Dinner Island Ranch WMA – allow hunting in the dove fields without assigned hunt stations.
J.W. Corbett WMA – allow vehicle access only on the portion of the North Grade road lying between the north entrance and the B camp gate beginning at 8 a.m. two days prior to the opening of archery season. Parked vehicles must remain attended by a driver at all times.
Okaloacoochee Slough WMA – add 21 days to small game season (no quota permit required); add a 7-day spring turkey hunt (quota 50, no exemptions); and add a 3-day muzzleloading gun hunt (quota 125, no exemptions).
Picayune Strand WMA – add a 7-day general gun hunt (quota 145, no exemptions); and add a 3-day muzzleloading gun hunt (quota 145, no exemptions).
Spirit-of-the-Wild WMA – remove dove field hunts and associated regulations, because of unsuitable dove field conditions.
The proposed rule amendment would also amend or clarify language related to the use of guns for taking wildlife. Additionally, the proposed rule amendment would provide non-substantive technical changes, such as grammatical corrections and language standardization.
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 375.313 FS.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 375.313 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 8-9, 2012, 8:30 a.m. – 5:00 p.m., each day.
PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333
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 (850)488-6411. 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: Diane R. Eggeman, 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-15.064 Specific Regulations for Wildlife Management Areas – South Region.
(1) J. W. Corbett Wildlife Management Area.
(a) through (c) No change.
(d) General regulations:
1. The take of wildlife with use of rifles is prohibited within the Pratt-Whitney buffer zone and within one-fourth mile of the Seaboard Coastline Railroad and Mecca Farms. The take of wildlife with use of centerfire rifles is prohibited south and east of Stumper’s Grade.
2. through 12. No change.
13. Public access is allowed throughout the year except from the Sunday two weeks prior to the opening of archery season until 8 a.m. the day prior to the archery season when the area shall be closed to public access except on the portion of the North Grade between the north entrance and the B camp gate where access will be allowed starting 8 a.m. two days prior to archery season. Vehicles parked on the North Grade during the closure period shall not be left unattended by a driver. Hiking on the Florida Trail and use of the Hungryland Boardwalk is allowed throughout the year.
14. through 18. No change.
(2) Holey Land Wildlife Management Area.
(a) Open season:
1. General gun – Walk, September 29 through October 14 1-16.
2. General gun – Vehicle, October 20 22 through November 4 6 (tracked vehicles).
3. Archery – August 4-26 6-28.
4. Muzzleloading gun – September 1-9 3-11.
5. Small game – November 5 7 through March 3 4.
6. through 7. No change.
(b) through (c) No change.
(d) General regulations:
1. through 12. No change.
13. The take of wildlife with display or use of a gun on or upon the L-5 or Miami Canal Levees in a manner capable of taking wildlife is prohibited.
14. No change.
15. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken after the last day of small game season March 5 through the second Sunday in April 15 and during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.
16. Guns are a prohibited method of take for Reptiles of Concern and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and after the last day of small game season from March 5 through the second Sunday in April 15 when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.
17. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area alive.
18. Persons that take any Reptile of Concern and Conditional non-native snakes and lizards shall report the take within 36 hours, and shall provide all data requested.
19. The day after small game season ends From March 5 through the second Sunday in April 15 shooting hours for Reptiles of Concern and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise and until 1/2 hour after sunset.
(e) No change.
(3) Everglades and Francis S. Taylor Wildlife Management Area.
(a) Open season:
1. General gun – Walk, September 29 through October 14 1-16, Conservation Areas 3A North and 2 only.
2. General gun – Vehicle (airboats and tracked vehicles only), October 20 22 through November 4 6, in Conservation Areas 3A North, 3A South, 2, and the Francis S. Taylor Wildlife Management Area.
3. Archery – August 4-26 6-28, Conservation Area 3A North only.
4. Muzzleloading gun –September 1-9 3-11, in Conservation Area 3A North only.
5. Small game – November 5 7 though March 3 4.
6. through 7. No change.
(b) through (c) No change.
(d) General regulations:
1. through 4. No change.
5. During archery, muzzleloading gun and general gun-walk seasons, the operation of airboats is prohibited in Conservation Area 3A North and Conservation Area 2 during legal shooting hours. Archery equipment, muzzleloading guns, and guns may be transported on boats and all-terrain vehicles in Conservation Area 3A North and Conservation Area 2 during the archery and muzzleloading gun seasons and general gun-walk season, respectively.
6. through 17. No change.
18. The take of wildlife with display or use of a gun on or upon the L-4 or L-5 Levees in a manner capable of taking wildlife is prohibited.
19. through 21. No change.
22. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken after the last day of small game season March 5 through the second Sunday in April 15 and during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.
23. Guns are a prohibited method of take for Reptiles of Concern and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and after the last day of small game season from March 5 through the second Sunday in April 15 when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.
24. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area alive.
25. Persons that take any Reptile of Concern or Conditional non-native snakes and lizards shall report the take within 36 hours, and shall provide all data requested.
26. The day after small game season ends From March 5 through the second Sunday in April 15 shooting hours for Reptiles of Concern and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise until 1/2 hour after sunset.
(e) Notwithstanding any other provisions of this subsection, alligator hunt participants may operate airboats and tracked vehicles throughout the area when taking alligators.:
1. May operate airboats and tracked vehicles throughout the area when taking alligators, and
2. May transport guns specified in Rule 68A-15.004, F.A.C., by airboat for the purpose of taking alligators.
(4) Rotenberger Wildlife Management Area.
(a) Open season:
1. General gun – Walk, September 29 through October 14 1-16.
2. General gun – Vehicle (tracked vehicles only), October 20 22 through November 4 6 (tracked vehicles).
3. Archery – August 4-26 6-28.
4. Muzzleloading gun – September 1-9 3-11.
5. Small game – November 5 7 through March 3 4.
6. through 7. No change.
(b) through (c) No change.
(d) General regulations:
1. through 12. No change.
13. The take of wildlife with display or use of a gun on or upon the L-4, Powerline, Manley Ditch or Miami Canal levees in a manner capable of taking wildlife is prohibited.
14. No change.
15. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken after the last day of small game season March 5 through the second Sunday in April 15 and during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.
16. Guns are a prohibited method of take for Reptiles of Concern, and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized and after the last day of small game season from March 5 through the second Sunday in April 15 when all legal methods of take for game animals or alligators are allowed, except the use of centerfire rifles is prohibited.
17. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area alive.
18. Persons that take any Reptile of Concern or Conditional non-native snakes and lizards shall report the take within 36 hours, and shall provide all data requested.
19. The day after small game season ends From March 5 through the second Sunday in April 15 shooting hours for Reptiles of Concern and Conditional non-native snakes and lizards shall be 1/2 hour before sunrise until 1/2 hours after sunset.
(e) No change.
(5) Big Cypress Wildlife Management Area.
(a) Open season:
1. through 2. No change.
3. Archery – September 1-30 3 through October 2 in all units and twelve days prior to Thanksgiving day through January 1, except during those years when January 1 falls on a Thursday, Friday or Saturday, in which case the season would close on the following Sunday in the Deep Lake Unit only.
4. Muzzleloading gun – October 6-21 8-23, except in the Deep Lake Unit.
5. Spring turkey – March 2 3 through April 7 8.
6. through 7. No change.
(b) through (c) No change.
(d) General regulations:
1. through 14. No change.
15. The take of wildlife with use of guns other than muzzleloading guns or bow and arrow in the Deep Lake Unit is prohibited.
16. Reptiles of Concern as listed in subsection 68A-6.007(1), F.A.C., and Conditional non-native snakes and lizards as listed in subsection 68A-5.002(4), F.A.C., may be taken during established seasons for the taking of game animals or alligators and only by persons properly licensed and permitted to take game animals or alligators.
17. Guns are a prohibited method of take for Reptiles of Concern and Conditional non-native snakes and lizards, except when the use of guns to take game or alligators is authorized.
18. Reptiles of Concern and Conditional non-native snakes and lizards shall not be removed from the area alive.
19. Persons that take any Reptile of Concern or Conditional non-native snakes and lizards shall report the take within 36 hours, and shall provide all data requested.
(6) Okaloacoochee Slough Wildlife Management Area.
(a) Open season:
1. Archery – August 4-10 6-12 and 11-19 13-21.
2. Muzzleloading gun – September 1-3 and 8-10 10-12.
3. Family Hunt – September 15-16 17-18.
4. General gun – September 22-25 24-27 and September 26-30 28 through October 2.
5. Small game – November 17 19 through December 30 11.
6. Spring turkey – March 2-5, 6-10 3-6 and 11-17 7-11.
7. through 8. No change.
(b) through (d) No change.
(7) Fisheating Creek Wildlife Management Area.
(a) Open season:
1. Archery – August 17-19 19-21 and 24-26 26-28 west of US Highway 27 only.
2. Muzzleloading gun – September 7-9 9-11 and 14-16 16-18 west of US Highway 27 only.
3. General gun – September 28-30 30 through October 2 and October 12-14 14-16 west of US Highway 27 only.
4. Youth Turkey Hunt – February 23-24 25-26 west of US Highway 27 only.
5. Spring turkey – March 2-5 3-6, 8-11 9-12, 15-18 16-19 and 22-25 23-26 and March 29 30 through April 1 2 west of US Highway 27 only.
6. Special-opportunity spring turkey – March 2-8 3-9 and 16-22 17-23 east of US Highway 27 only.
7. Wild hog-still General gun hog – November 17-18 19-20 west of US Highway 27 only.
8. through 9. No change.
(b) Legal to take: All legal game, fish, frogs and furbearers except that turkeys may not be taken during the archery season. The bag limit for deer shall be one per quota hunt permit. During the spring turkey and special-opportunity spring turkey seasons, the bag limit for turkey shall be one gobbler or bearded turkey per permit. During the wild hog-still general gun hog season, only wild hog may be taken.
(c) through (d) No change.
(8) Picayune Strand Wildlife Management Area.
(a) Open season:
1. Archery – August 4-19 6-21.
2. Muzzleloading gun – September 1-3 and 8-10 3-5.
3. General gun – October 6-9, 10-14 8-11 and 15-21 12-16.
4. Small game – November 10 12 through December 23 25.
5. Spring turkey – March 2-5 3-6 and 6-10 7-11.
6. through 7. No change.
(b) No change.
(c) Camping: Camping is allowed by Special-Use Permit issued by the Florida Forest Service Division of Forestry. Only tents, trailers, or self-propelled camping vehicles may be used for camping.
(d) General regulations:
1. No change.
2. The use of tracked vehicles or airboats is prohibited. Off-Highway Vehicles (all-terrain vehicles and off-highway motorcycles) are prohibited except by permit from the Florida Forest Service Division of Forestry only.
3. through 6. No change.
(9) Dinner Island Ranch Wildlife Management Area.
(a) Open season:
1. Archery – August 3-6 5-8, 10-13 12-15, 17-20 19-22 and 24-27 26-29.
2. Muzzleloading gun – September 7-9 9-11.
3. General gun – September 15-17 17-19, 21-23 23-25, and 28-30 September 30 through October 2.
4. Small game – November 10-30 12 through December 2, December 3-7 5-9 and December 10 12 through February 22 24 and February 27-29.
5. Family hunt – December 1-2 3-4 and 8-9 10-11.
6. Youth Turkey Hunt – February 23-24 25-26.
7. Spring turkey – March 2-4 3-5, 9-11 10-12 and March 30 31 through April 1 2.
8. through 10. No change.
(b) through (c) No change.
(d) General regulations:
1. through 8. No change.
9. During dove field hunts, dove hunters shall hunt from assigned stations in the posted field. Hunt station assignments may be transferred at the check station.
9.10. No change.
(10) Spirit-of-the-Wild Wildlife Management Area.
(a) Open season:
1. Archery – August 3-6 5-8, 10-13 12-15, 17-20 19-22 and 24-27 26-29.
2. Muzzleloading gun – September 7-9 9-11.
3. General gun – September 15-17 17-19, 21-23 23-25, and September 28-30 30 through October 2.
4. Small game – November 10 12 through February 22 24 and February 27-29.
5. Youth Turkey Hunt – February 23-24 25-26.
6. Spring turkey – March 2-4 3-5, 9-11 10-12 and 16-18 17-19.
7. No change.
8. Dove field – Saturdays only during the mourning dove and white-winged dove season established by Rule 68A-13.008, F.A.C.
8.9. No change.
(b) through (c) No change.
(d) General regulations:
1. Hunting with dogs is prohibited except bird dogs or retrievers may be used during small game and migratory bird seasons for taking small game and migratory game birds and on the posted dove field during established dove hunts.
2. through 7. No change.
8. Shooting hours for dove hunts shall be from noon until sunset. Hunters may enter the posted field no earlier than one hour before shooting time and shall exit the field within one hour after sunset.
9. During the dove field hunts, dove hunters shall hunt from assigned stations in the posted field. Hunt station assignments may be transferred at the check station.
10. Dove field permits shall be issued on a first-come, first-served basis at the check station on the day of each dove hunt.
(11) Allapattah Flats Wildlife Management Area.
(a) Open season:
1. Archery – September 8-11 10-13, 15-18 17-20, 22-25 24-27 and September 29 through October 2 1-4.
2. Muzzleloading gun – October 13-15 15-17.
3. Family hunt – October 27-30 29 through November 1.
4. General gun –November 3-7 5-9.
5. Small game – November 17 19 through the second Sunday in January.
6. Spring turkey – March 2-5 3-6 and 6-10 7-11.
7. through 8. No change.
(b) through (c) No change.
(d) General regulations:
1. through 3. No change.
4. Hunters shall check in and out at a check station when entering and exiting the area and shall check all game taken.
5. through 9. renumbered 4. through 8. No change.
PROPOSED EFFECTIVE DATE: July 1, 2012.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 7-27-83, 9-27-83, 7-5-84, 7-1-85, 5-7-86, 8-5-86, 5-10-87, 8-24-87, 5-1-88, 6-7-88, 7-1-89, 7-1-90, 9-1-90, 7-1-91, 7-1-92, 7-1-93, 7-1-94, 7-1-95, 8-15-95, 7-1-96, 9-15-96, 10-20-96, 6-1-97, 8-7-97, 7-1-98, 7-2-98, 7-1-99, Formerly 39-15.064, Amended 11-17-99, 7-1-00, 7-1-01, 6-2-02, 2-27-03, 5-1-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-20-09, 1-19-10, 7-1-10, 8-26-10, 7-1-11, 7-1-12.
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.W.