Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-17.004: General Regulations Relating to Wildlife and Environmental Areas
PURPOSE AND EFFECT: The proposed rule change clarifies that during a specific season only those species listed in each area-specific rule are legal to take. It will also require that the taking of furbearers with traps or hunting furbearers at night must be explicitly allowed in the area-specific regulations.
SUMMARY: The proposed rules changes would identify those species legal to take during each season and require that taking furbearers with traps or hunting furbearers at night must be explicitly allowed in the area-specific regulations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not __X__have an impact on small business. A SERC has ____ or has not _X_ been prepared by the agency.
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 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 17-18, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320
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-17.004 General Regulations Relating to Wildlife and Environmental Areas.

(1) General prohibitions: Hunting, fishing or trapping is prohibited on any portion of any wildlife and environmental area posted as closed to hunting, fishing or trapping. Hunting, fishing, trapping, camping or other usage related to such activity on any wildlife and environmental area shall only be at the time and in the manner provided by the regulations for the particular wildlife and environmental area. During a given season, all legal methods for taking fish, frogs or wildlife during that season shall be allowed, unless prohibited under the rules governing a particular area. Taking furbearers with traps, snares or at night is prohibited unless allowed by an area specific rule.

(2) through (17) No change.

PROPOSED EFFECTIVE DATE: July 1, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 375.313 FS. History–New 4-12-98, Amended 12-28-98, Formerly 39-17.004, Amended 7-1-00, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-1-08, 7-1-09, 7-1-10.

 

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 R. 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: December 9, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009