Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-15.006: Regulations Relating to Miscellaneous Areas
PURPOSE AND EFFECT: The purpose of the proposed rule change is to establish or revise specific area regulations on miscellaneous areas. The effect of the proposed rule changes will be to establish hunting and fishing seasons, specific area regulations and enable the agency to better manage fish and wildlife resources and public use on miscellaneous areas.
SUMMARY: The proposed rule changes would establish season dates and specific area regulations on miscellaneous areas as follows:
Babcock Ranch Preserve – establish the following open seasons and specific area regulations on the designated hunting area: two four-day archery hunts (quota 40, no exemptions), one three-day muzzleloading gun hunt (quota 40, no exemptions), one three-day general gun for mobility-impaired hunt (quota 25), two two-day family hunts (quota 30, no exemptions), three three-day general gun hunts (quota 40, no exemptions), four two-day small game hunts, two three-day spring turkey hunts (quota 15, no exemptions); prohibit fishing and frogging; prohibit trapping; legal to take – all legal game and wild hog, except quail; allow one antlered and one antlerless deer to be taken per quota permit during the archery season, family hunt and general gun for mobility-impaired hunt; allow one antlered deer per person to be taken during the muzzleloading gun and general gun seasons; allow one turkey to be taken per quota permit during the spring turkey season; public access will be restricted to permitted hunters and youth and allowed only on hunt days and one day prior to each hunt for scouting; prohibit the use of tracked vehicles, airboats, all-terrain vehicles (except during the mobility-impaired hunt), unlicensed and unregistered motorcycles and swamp buggies; allow vehicles to only be operated on named or numbered roads and require vehicles to be parked within 25 feet of an open road or in parking areas; allow the use of all-terrain vehicles during the general gun mobility-impaired hunt by mobility-impaired hunters; require all hunters to enter at a designated entrance, check in and out at the check station and check all game taken, provide that general wildlife management area rules and regulations related to quota permits shall apply on this area; and provide that outside of the designated hunting area and during periods closed to hunting, public use is allowed only by Babcock Ranch Management LLC.
Kissimmee Chain of Lakes Area – establish a new miscellaneous area with the following open seasons: 30-day archery season, five-day crossbow season, nine-day muzzleloading gun season, 72-day general gun season, 114-day small game season, 58-day fall turkey season, statewide migratory bird season (except crow may be taken during the first phase of crow season only), 37-day spring turkey season; allow wild hog hunting with firearms; fishing and frogging year-round; prohibit trapping; legal to take – all legal game, gobbler or bearded turkey only, wild hog, non-protected mammals, furbearers (except bobcat and otter), fish and frogs; prohibit the take of antlerless deer during all seasons; prohibit the take of wild hog with a gun from one-half hour after sunset until one-half hour before sunrise; prohibit hunting deer with dogs; prohibit baiting; prohibit the take of deer on the West Shore, East Shore and Drasdo Units; prohibit the use of centerfire rifles on the West, East and Northwest Shore Units; allow the possession of guns in accordance with Florida Statutes; allow treestands from ten-days prior to archery season through ten-days after the close of general gun season only.
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, April 15-16, 2009, 8:30 a.m. – 5:00 p.m. each day
PLACE: Tallahassee-Leon County Civic Center, 505 West Pensacola Street, Tallahassee, Florida 32301
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 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-15.006 Regulations Relating to Miscellaneous Areas.

(1) through (2) No change.

(3) Babcock Ranch Preserve.

(a) Open season (in the designated hunting area):

1. Archery – September 12-15 and 19-22.

2. Muzzleloading gun – October 16-18.

3. Family – October 31-November 1 and January 2-3.

4. General gun for mobility-impaired – October 23-25.

5. General gun – November 13-15, 20-22 and December 18-20.

6. Small game – January 9-24 and February 6-7 (Saturdays and Sundays only).

7. Spring turkey – March 6-8 and 13-15.

8. Fishing and frogging – Prohibited.

(b) Legal to take: All legal game (except quail) and wild hog. One antlered and one antlerless deer may be taken per quota permit during the archery season, family and general gun for mobility-impaired hunts. Only mobility-impaired hunters may take antlerless deer during the general gun for mobility-impaired hunt. One antlered deer may be taken per person and per quota permit during the muzzleloading gun and general gun hunts. One turkey per quota permit may be taken during spring turkey season. Turkey may only be taken during the spring turkey season.

(c) General regulations:

1. Hunting is prohibited except in the designated hunting area(s).

2. Hunting with dogs is prohibited except bird dogs may be used during the small game season.

3. Vehicles shall not be parked further than 25 feet from designated roads or parking areas.

4. The use of tracked vehicles, airboats, all-terrain vehicles, unlicensed and unregisterd motorcycles and swamp buggies is prohibited, except that all-terrain vehicles may be used during the general gun for mobility-impaired season by certified mobility-impaired hunters.

5. Hunters shall check in and out at the check station when entering and exiting the area and check all game taken.

6. Vehicles must be operated on named or numbered roads, except ATVs during the mobility-impaired hunt.

7. No deer, wild hog or turkey shall be dismembered until checked at the check station.

8. Hunters shall enter and exit the area at the designated entrance only.

9. The use of centerfire rifles for taking wild turkey during the spring turkey season is prohibited.

10. During periods open to hunting, access is allowed only by those individuals with a valid quota permit or guest permit and only from 1.5 hours before sunrise to 1.5 hours after sunset.

11. Scouting is allowed one day prior to each hunt from 8 a.m. to sunset by individuals in possession of a valid quota permit for that hunt. There are no scout days for small game season.

12. During the mobility-impaired general gun hunt, access is restricted to certified mobility-impaired hunters with quota hunt permits, a non-hunting assistant and one guest permit holder who may also participate in the hunt, but must share the bag limit. All mobility-impaired hunt participants are required to attend a pre-hunt orientation meeting.

13. The regulations contained in Rules 68A-15.004 and 68A-15.005, F.A.C., not in conflict with specific area regulations, shall apply to this area.

14. Outside of the designated hunting area and during periods closed to hunting, public use is allowed only by Babcock Ranch Management LLC.

(4) Kissimmee Chain of Lakes Area.

(a) Open season:

1. Non-migratory game – Zonal seasons established under Rule 68A-13.004, F.A.C.

2. Migratory birds – Statewide regulations established under Rules 68A-13.003 and 68A-13.008, F.A.C., except that open season for crow shall be during the first phase of crow season only.

3. Fishing and frogging – Allowed throughout the year.

(b) Legal to take: All legal game (except the take of turkeys shall be limited to bearded turkey or gobblers), wild hog, non-protected mammals, furbearers (except bobcat and otter), fish and frogs. The take of deer is prohibited in the Drasdo, East, and West Shore Units. The take of antlerless deer is prohibited.

(c) General regulations:

1. Taking wildlife with centerfire rifles is prohibited on the Northwest Shore, East Shore, West Shore and Drasdo Units.

2. Taking deer and furbearers with dogs is prohibited.

3. Dogs on leashes may be used for trailing wounded game.

4. Furbearers – During the zonal antlered deer season only.

5. Shooting frogs shall be allowed only during hunting seasons established for this area and only with guns that are legal to use during each open hunting season.

6. The use of airboats is prohibited in those areas posted as closed to airboat use.

7. Driving a metal object into any tree, or hunting from a tree into which a metal object has been driven, is prohibited.

8. No person shall place, expose or distribute any grain or other food for wildlife except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited.

9. Wild hog may be taken in accordance with the following provisions:

a. Wild hog may be taken throughout the year with no size or bag limit.

b. Wild hog may only be taken with a gun from one-half hour before sunrise to one-half hour after sunset. Wild hog may be hunted without a gun at night.

c. Wild hog may not be transported alive.

10. Non-protected mammals, as defined in paragraph 68A-12.002(9)(a), F.A.C., may be taken during any season open for the taking of game mammals, with no size or bag limit.

11. Possession of guns or firearms is allowed pursuant to the provisions of Florida Statutes, except as prohibited under the legal authority of the landowner, lead managing agency or pursuant to federal law. During periods closed to hunting or when the firearm is not a legal method of take, firearms shall be encased and properly secured in a vehicle, vessel, travel trailer, camper or tent, except those persons in possession of a valid Concealed Weapon or Firearm License may possess concealed handguns. No person shall discharge any gun for testing or target practice, except on a Commission shooting range or at Commission-sponsored events.

12. A South Florida Water Management District permit is required to access that portion of the Rough Island Unit posted as “SFWMD Permit Required.”

13. Hunting or fishing is prohibited on any portion of the area posted as closed to hunting or fishing.

14. Erecting or maintaining treestands more than ten days before the start of archery season or more than ten days after the end of general gun season is prohibited.

PROPOSED EFFECTIVE DATE: JULY 1, 2009

Specific Authority Art. IV, Sec 9, Fla. Const. Law Implemented Art IV, Sec 9, Fla. Const. History–New 12-9-99, Amended 5-13-02, 5-1-03, 5-23-04, 7-1-06, 7-1-08 , 7-1-09.

 

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.


NAME OF PERSON ORIGINATING PROPOSED RULE: Diane Eggeman, 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 4, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 5, 2008