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 change is to better manage hunting opportunities in Florida by increasing hunting opportunities with crossbows. The effect would be to increase the length of the zonal crossbow season by 30 days in Zones A, B and C and by 33 days in Zone D, thereby having it coincide with zonal archery season and allow antlerless deer to be taken during the first 30 days of the crossbow season in Zones A, B and C and during the first 33 days in Zone D.
SUMMARY: The proposed rule changes would increase the length of the zonal crossbow season by 30 days in zones A, B and C and by 33 days in Zone D, thereby having it coincide with zonal archery season and to allow antlerless deer to be taken during the first 30 days of the crossbow season in zones A, B and C and during the first 33 days in Zone D on lands otherwise not established as a wildlife management area, wildlife and environmental area or miscellaneous area.
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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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-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) Deer: Possession limit, four; daily bag as follows:

1. Two (2) antlered deer during the antlered deer, crossbow (last 5 days), muzzleloading gun or archery/muzzleloading gun seasons.

2. No change.

3. Two (2) antlerless deer, or 2 antlered deer, or 1 antlered and 1 antlerless deer during the archery and crossbow seasons except that antlerless deer may not be taken during each zone’s last 5 days of the crossbow season.

4. No change.

(b) through (c) No change.

(2) Open seasons:

(a) through (f) No change.

(g) Notwithstanding the provisions of paragraphs (2)(a)-(e)(g) deer of either sex, gobblers or bearded turkeys, gray squirrel and quail may be taken: where same are legal game,

1. Dduring an archery season opening 49 days prior to the first day of the antlered deer season and closing 29 days thereafter in Zones A, B and C and opening 33 days prior to the first day of the antlered deer season and closing 32 days thereafter in Zone D except that turkey may not be taken in Holmes County.

2. During a crossbow season opening 49 days prior to the first day of the antlered deer season and closing 34 days thereafter in Zones A, B and C and opening 33 days prior to the first day of the antlered deer season and closing 32 days thereafter and reopening 4 days after the fourth Thursday in November and closing 4 days thereafter in Zone D except that turkey may not be taken in Holmes County and antlerless deer deer may not be taken during each zone’s last 5 days.

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

1. During a crossbow season opening 19 days prior to the first day of the antlered deer season and closing 4 days thereafter in Zones A, B and C and opening 4 days after the fourth Thursday in November and closing 4 days thereafter in Zone D except that turkey may not be taken in Holmes County.

2. through 3. renumbered 1. through 2. No change.

(3) Issuance of antlerless deer permits to landowners – Antlerless deer may be taken under permit from the executive director during the crossbow (last 5 days), muzzleloading gun, and antlered deer seasons in accordance with the following:

(a) through (d) No change.

PROPOSED EFFECTIVE DATE: January 1, 2011

Rulemaking 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, 7-1-10, 1-1-11.


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: September 1, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009