Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-14.0011: Opening or Closing Areas Other Than Restricted Hunting Areas, Bird Sanctuaries or Critical Wildlife Areas; General
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to provide a new title and language to better address Critical Wildlife Areas, which are currently the only areas established and managed by FWC that are not covered by this rule. The effect of the proposed rule changes will be to clarify and improve the consistency of rule language.
SUMMARY: The proposed rule changes would add a reference to critical wildlife areas in rule language. The word “wildlife” is added in reference to refuges for clarity and consistency with rule 68A-18.004.
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.
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: Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-14.0011 Opening or Closing Areas Other Than Restricted Hunting Areas, or Bird Sanctuaries or Critical Wildlife Areas; General.

The Commission may establish wildlife refuges, wildlife management areas, critical wildlife areas, fish management areas, wildlife and environmental areas and miscellaneous areas and regulate and manage the lands or water therein in the best interest of the state; and in furtherance thereof:

(1) Open or close any lake, stream or river or parts thereof, any county or part of a county to the taking of wildlife or freshwater fish for the purpose of establishing, protecting, or managing wildlife or freshwater fish, and prohibit hunting, trapping or fishing within such areas.

(2) All closed waters or lands shall be posted and it shall be unlawful for any person to deface, remove or change any posters or signs placed by the Commission or its cooperating agents.

(3) Open or close any lake, stream or river or parts thereof, any county or part of a county to the taking of wildlife or freshwater fish when it is found or believed that an emergency exists where, absent such action on the part of the Commission, harm or disaster to the wildlife or fish population within the area under consideration might occur. Such opening or closing action shall become effective immediately as prescribed by emergency order adopted by the Commission.

PROPOSED EFFECTIVE DATE: March 1, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.121 FS. History–New 6-21-82, Formerly 39-14.011, Amended 11-23-97, Formerly 39-14.0011, Amended 7-1-08, 3-1-10.

 

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: Tim Breault, Director, Division of Habitat and Species Conservation, 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