Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-13.004: Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to increase the spring turkey season in Holmes County from 3 days to 16 days with a season bag limit of 1 turkey per season; remove reference to wild hogs; and delete a reference to Rule 68A-12.009, F.A.C. The effect of the proposed rule changes is to enable the agency to better manage fish and wildlife resources and provide additional hunting opportunities.
SUMMARY: The proposed rule amendment would increase the spring turkey season in Holmes County from 3 days to 16 days with no change in the bag limit and strike a reference to a rule that is proposed for deletion and no longer necessary. The proposed change includes non-substantive technical changes, such as grammatical corrections, language standardization or clarification of an existing rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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: During the regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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: Nick Wiley, 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-13.004 Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits.

The open season and bag limits for non-migratory game shall be as follows unless otherwise amended by the Commission, provided that regulations for hunting on wildlife management areas shall be as established by specific rule.

(1) Bag and possession limits:

(a) No change.

(b) Turkey: daily bag, 1; spring season bag, 2 (except in Holmes County where the bag shall be 1); all fall seasons combined bag, 2; possession limit, 2.

(c) No change.

(d) Wild hog: daily bag, 1; possession limit, 2.

(2) Open seasons:

(a) through (b) No change.

(c) Turkey:

1. No change.

2. Spring season (gobblers or bearded turkeys only): Opening on the first Saturday of March and closing 36 days thereafter in the South Zone. Opening on the third Saturday of March and closing 36 days thereafter in the Central and Northwest Zones except in Holmes County where the season will open on the third Saturday of March and close 15 2 days thereafter.

(d) through (f) No change.

(g) Wild hog: During open seasons for deer.

(g)(h) Notwithstanding the provisions of paragraphs (2)(a)-(g) deer of either sex, gobblers or bearded turkeys, gray squirrel, and quail and wild hog may be taken where same are legal game, during an archery season opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in the South Zone, opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in the Central Zone, and opening 40 days prior to the first day of the antlered deer season and closing 29 days thereafter in the Northwest Zone except that turkey may not be taken in Holmes County.

(h)(i) Notwithstanding the provisions of paragraphs (2)(a), (b), (c), (d), (e), and (h), antlered deer, gobblers or bearded turkeys, gray squirrel, and quail and wild hogs may be taken:

1. through 3. No change.

(3) Issuance of antlerless deer permits to landowners – Antlerless deer may be taken under permit from the executive director during the crossbow, muzzleloading gun, archery/muzzleloading gun, and antlered deer seasons in accordance with the following:

(a) A person who owns, leases or otherwise has written permission to take antlerless deer on specifically identified lands may apply for an anterless deer permit in accordance with this subsection. An anterless deer permit will be issued for property or an aggregate of contiguous properties not less then 640 acres in size; or for property or an aggregate of contiguous properties not less than 150 acres in size which are contiguous to property under a current anterless deer permit. Agricultural lands that have been permitted under Rule 68A-12.009, F.A.C., within the previous 12 months for taking of deer for crop depredation purposes shall be exempt from the minimum acreage requirement of this rule.

(b) through (d) No change.

PROPOSED EFFECTIVE DATE: July 1, 2008.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-13.04, Amended 6-1-86, 5-10-87, 6-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-1-92, 7-1-93, 3-1-94, 7-1-94, 7-1-96, 10-28-97, 4-27-98, 12-28-98, Formerly 39-13.004, Amended 7-1-01, 5-13-02, 10-16-02, 7-1-05, 7-1-06, 7-1-08.

 

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 FAW.


NAME OF PERSON ORIGINATING PROPOSED RULE: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007