Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
Rule No. : RULE TITLE :
68A-15.061: Specific Regulations for Wildlife Management Areas - Southwest Region
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife Management Areas (WMAs) in the Southwest Region and conform to calendar year date changes. The effect of the proposed rule amendment will be to enable the agency to better manage fish and wildlife resources and public use on WMAs.
SUMMARY: The proposed rule amendment would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife Management Areas (WMAs) in the Southwest Region as follows:
Avon Park Air Force Range WMA – establish a 2-day youth turkey hunt in areas specified by the Installation Commander; and expand the small game season to match the zonal season dates with hunting allowed on dates and in areas specified by the Installation Commander.
Chassahowitzka WMA – establish a 2-day youth turkey hunt (quota of 5, no exemptions) with a bag limit of one turkey per quota permit; and remove the limitation of one gun per hunting party during the wild hog-dog season.
Green Swamp WMA – remove the limitation of one gun per hunting party during the wild hog-dog season.
Green Swamp WMA West Unit – remove the limitation of one gun per hunting party during the wild hog-dog season.
Hilochee WMA – establish a 2-day youth turkey hunt (quota of 5, no exemptions) with a bag limit of one turkey per quota permit.
Hilochee WMA, Osprey Unit – establish a 2-day youth turkey hunt (quota of 5, no exemptions) with a bag limit of one turkey per quota permit; and remove the limitation of one gun per hunting party during the wild hog-dog season.
Lake Marion Creek WMA – establish a 2-day youth turkey hunt (quota of 5, no exemptions) with a bag limit of one turkey per quota permit.
Upper Hillsborough WMA – establish a 3-day wild hog-dog season (quota of 20, no exemptions); each wild hog-dog quota permit will allow two hunters and a guest hunter, and the use of three free-running dogs per quota permit; and prohibit the use of rifles during the wild hog-dog season.
Additionally, the proposed rule amendment would provide non-substantive technical changes, such as grammatical corrections and language standardization. There are also proposed changes to some hunting seasons on FWC-managed areas in an effort to better align season dates with times of peak deer activity associated with the breeding season and other hunter preferences.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not 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.
RULEMAKING 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 23-24, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 3rd Floor Courtroom, 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-15.061 Specific Regulations for Wildlife Management Areas – Southwest Region.

(1) Green Swamp Wildlife Management Area.

(a) Open season:

1. General gun – November 19 13 through January 15 9.

2. Archery – October 15 through November 13 September 25 through October 24, Fridays, Saturdays and Sundays only.

3. Small game – January 21 15 through February 19 13, Saturdays and Sundays only.

4. Wild hog-dog – February 11-19 5-13 and February 25 through March 4 19-27, Saturdays and Sundays only.

5. Spring turkey – March 17 19 through April 22 24.

6. No change.

(b) through (c) No change.

(d) General regulations:

1. through 10. No change.

11. During the wild hog-dog season, a wild hog-dog quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt, and only one gun may be used to take wildlife per hunting group.

(2) Green Swamp Wildlife Management Area – West Unit.

(a) Open season:

1. Special-opportunity turkey – March 17-20, 26-29, March 31 through April 3, April 9-12 19-22, March 28-31, April 2-5, 11-14 and 14-17 16-19.

2. Special-opportunity archery – November 5-8 6-9 and 17-20 18-21.

3. Special-opportunity general gun – January 26-29, February 6-9 and 15-18 December 16-19, January 10-13 and 20-23.

4. Wild hog-still – December 16-18 February 4-6.

5. Wild hog-dog – January 11-13 February 16-18.

6. Small game – February 24-26 25-27 and March 2-4 4-6.

7. through 8. No change.

(b) No change.

(c) Camping: Camping is allowed at designated campsites during hunting season and at other times by permit from the Southwest Florida Water Management District. Kitchen stoves, refrigerators, and freezers, unless contained in mobile campers are prohibited. Lumber, sheet metal or other building materials is prohibited. Each camper shall assure that their campsite is clean at all times. The alteration, defacing, moving, or tampering in any way with official markings of campsites is prohibited.

(d) General regulations:

1. through 8. No change.

9. During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt, and only one gun may be used to take wildlife per hunting group.

10. through 11. No change.

(3) Fred C. Babcock/Cecil M. Webb Wildlife Management Area.

(a) Open season:

1. Archery – September 17-18 11-12.

2. Bird dog training – Bird dogs may be trained in the recreation area September 17 18 through February 12 13 and bird dogs may be trained in zones A, B, C and D during the small game season on those days when daily quail permits are not issued, which shall include the day that the season quota for daily quail permits is attained.

3. General gun – November 5-13 October 30 through November 7.

4. Small game – November 14-27 and Wednesdays, Thursdays, Saturdays and Sundays only November 30 through January 15. Opening twelve days prior to Thanksgiving Day and closing 8 days thereafter, and opening one day prior to Thanksgiving Day and closing 53 days thereafter, provided hunting shall be allowed on Wednesdays, Thursdays, Saturdays, Sundays and the Friday after Thanksgiving Day only.

5. Field trial quail – January 28-29 29-30.

6. No change.

(b) through (c) No change.

(d) General regulations:

1. through 6. No change.

7. Vehicles shall be operated on named or numbered number roads only, except during the bird dog training, general gun and small game seasons.

8. through 16. No change.

(4) Fred C. Babcock/Cecil M. Webb Wildlife Management Area – Yucca Pens Unit.

(a) Open season:

1. Muzzleloading gun – October 14-16 15-17.

2. General gun – November 5-13 October 30 through November 7.

3. Small game – November 16 through January 15 on Wednesdays, Thursdays, Saturdays and Sundays only Opening twelve days prior to Thanksgiving Day and closing 64 days thereafter, provided hunting shall be allowed on Wednesdays, Thursdays, Saturdays, Sundays and the Friday after Thanksgiving Day only.

4. No change.

(b) through (d) No change.

(5) Upper Hillsborough Wildlife Management Area.

(a) Open season:

1. Wild hog-dog – November 8-10.

2.1. Archery – December 10-11, 17-18, 11-19 and January 7-8 and 14-15 8-16, Saturdays and Sundays only.

3.2. Muzzleloading gun – January 21-22, 28-29, February 4-5 and 11-12 November 13 through December 5, Saturdays and Sundays only.

4.3. Small game – February 18-19, 25-26 and March 3-4 January 22 through February 6, Saturdays and Sundays only.

5.4. Spring turkey – March 21-22 23-24, 28-29 March 30-31, April 4-5 6-7, 11-12 13-14, and 18-19 20-21.

6.5. No change.

(b) Legal to take: All legal game, fish, frogs, and furbearers. Taking of antlered deer not having at least one antler with three or more points, one inch or more in length, is prohibited. During the wild hog-dog season only wild hog may be taken.

(c) No change.

(d) General regulations:

1. through 7. No change.

8. Hunting with dogs other than bird dogs is prohibited except that dogs may be used during the wild hog-dog season. During the wild hog-dog season, no more than three free-running dogs per quota permit shall be allowed. During non-hunting periods the possession of dogs shall only be as authorized by the Southwest Florida Water Management District.

9. through 10. No change.

11. During the small game season, wildlife may be taken only with shotguns. During the spring turkey season only muzzleloading guns, shotguns and bows and arrows are allowed for taking turkeys. During the wild hog-dog season wildlife may be taken only with shotguns and centerfire handguns.

12. During the wild hog-dog season, a wild hog-dog quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt.

(6) Arbuckle Wildlife Management Area.

(a) Open season:

1. Archery – October 15 16 through November 4 5.

2. Muzzleloading gun – December 10-18 11-19.

3. Small game – January 7-8 8-9 and 28-29 29-30.

4. Spring turkey – March 20-22 22-24 and April 3-5 5-7.

5. No change.

(b) Legal to take: All legal game (except turkeys shall be legal to take only during spring turkey season), furbearers and fish. Taking of antlered deer not having at least one antler with three or more points, one inch or more in length, is prohibited. Deer bag limit – one per day. During the spring turkey season, the bag limit shall be one gobbler (or bearded turkey) per quota hunt permit.

(c) Camping is permitted at the designated campground located off Rucks Dairy Road; at designated campsites along the Florida Trail; and at other sites by Special-Use Permit issued the by the Division of Forestry.

(d) General regulations:

1. through 7. No change.

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

(7) KICCO Wildlife Management Area.

(a) Open season:

1. Archery – September 17 25 through October 16 24, Saturdays and Sundays only.

2. Muzzleloading gun – October 22-23 and 29-30 30 through November 7, Saturdays and Sundays only.

3. Wild hog-still – November 12 13 through December 11 12, Saturdays and Sundays only.

4. Small game – December 17 18 through January 22 23.

5. Spring turkey – March 17 19 through April 15 17, Saturdays and Sundays only.

6. No change.

(b) through (c) No change.

(d) General regulations:

1. through 6. No change.

7. Hunting with dogs is prohibited during the archery, muzzleloading gun, and wild hog-still and general gun seasons. The use of dogs, other than retrievers, bird dogs and dogs with a shoulder height of 15 inches or less is prohibited during the small game season.

8. through 9. No change.

(8) Hickory Hammock Wildlife Management Area.

(a) Open season:

1. Wild hog-still – September 16-18 17-19, 23-25 24-26 and January 13-15 14-16.

2. Archery – October 14-16 22-24.

3. Muzzleloading gun – October 22-24 and 26-28 November 1-3 and 5-7.

4. General gun – November 5-7 12-14.

5. Small game – November 14-27 15-28 and January 23 24 through March 4 6.

6. General gun for mobility-impaired – December 3-4 4-5.

7. No change.

8. Spring turkey – March 22-24 24-26 and April 12-14 14-16.

9. No change.

(b) through (d) No change.

(9) Walk-in-the-Water Wildlife Management Area.

(a) Open season:

1. Archery – October 1-2 2-3, 3-6 4-7, 7-9 8-10, 10-13 11-14 and 14-16 15-17.

2. Muzzleloading gun – December 10-13 11-14 and 14-18 15-19.

3. Wild hog-still – January 14-17 15-18 and 18-22 19-23.

4. Small game –February 4-12 5-13 and February 25 26 through March 4 6.

5. No change.

(b) through (d) No change.

(10) Hilochee Wildlife Management Area.

(a) Open season:

1. Youth turkey hunt – March 10-11.

2.1. Spring turkey – March 23-25 25-27 and April 6-8 8-10.

3.2. Muzzleloading gun – February 17-19 November 5-7.

4.3. Wild hog-still – December 2-4 3-5, January 13-15 14-16 and 20-22 21-23.

5.4. Small game – January 27 28 through February 5 6.

6.5. Archery – February 10-12 October 22-24.

7.6. No change.

8.7. Raccoon – September 1-25 2-26 (from 1.5 hours before sunset on Thursday until 1.5 hours after sunrise on Sunday).

(b) through (d) No change.

(11) Lake Marion Creek Wildlife Management Area.

(a) Open season:

1. Archery – October 15-17 and 21-23 September 25-27 and October 1-3.

2. Muzzleloading gun – November 25-27 October 30 through November 1.

3. General gun – January 20-22 and February 3-5 November 13-15 and 19-21.

4. Small game – December 30 31 through January 1 2 and January 6-8 7-9.

5. Wild hog-still – December 9-11 10-12 and 23-25 24-26.

6. Youth turkey hunt – March 10-11.

7.6. Spring turkey – March 17-19 19-21, March 30 through April 1 1-3 and April 13-15 15-17.

8.7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 2. No change.

3. During periods when the area is closed to hunting public access other than by foot or bicycle is prohibited, except persons participating in a hunt may operate motor vehicles from 8 a.m. until 5 p.m. one day prior to each hunt except small game. During periods open for hunting only persons participating in the hunt may operate motor vehicles on the area and vehicles may only be operated from 1.5 hours before sunrise until 1.5 hours after sunset, except no motor vehicle access is allowed during small game hunts. Vehicles shall be operated only by hunters possessing a valid quota hunt permit or daily hunt permit. Vehicles shall be operated only on named or numbered roads and shall be parked in designated parking areas or within 25 feet of a named or numbered road.

4. through 6. No change.

(12) Avon Park Air Force Range Wildlife Management Area.

(a) Open season:

1. Archery – September 17 25 through October 16 24 in areas and during days specified by the Installation Commander or a designee.

2. Muzzleloading gun – October 22 30 through November 4 7 in areas and during days specified by the Installation Commander or a designee.

3. General gun – November 5 13 through January 22 23 in areas and during days specified by the Installation Commander or a designee.

4. Small game – November 12 January 3 through March 4 6 in areas and during days specified by the Installation Commander or a designee.

5. Youth turkey hunt – March 10-11 in areas and during days specified by the Installation Commander or a designee.

6.5. Spring turkey – March 17 19 through April 22 24 in areas and during days specified by the Installation Commander or a designee.

7.6. Antlerless deer – November 19-25 20-26 in areas and during days specified by the Installation Commander or a designee.

7. through 8. renumbered 8. through 9. No change.

(b) through (d) No change.

(13) Croom Wildlife Management Area.

(a) Open season:

1. Muzzleloading gun – October 22-24 29-31.

2. General gun – November 5-27 13 through December 5.

3. Small game – December 5 6 through March 4 6.

4. Spring turkey – March 20-22 22-24, April 3-5 5-7 and 17-19 19-21.

5. Fox, raccoon and bobcat – December 15 16 through March 11 13. Hunting is allowed from 5 p.m. Thursday to sunrise Sunday with dogs only. Taking wildlife with guns is prohibited during this season.

6. through 7. No change.

(b) through (c) No change.

(d) General regulations:

1. through 6. No change.

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

(14) Chassahowitzka Wildlife Management Area.

(a) Open season:

1. Archery – September 17 25 through October 16 24.

2. Muzzleloading gun – October 22-24 29-31.

3. General gun – November 5 13 through January 1 9.

4. Wild hog-dog – January 13-15 14-16 and 20-22 21-23.

5. through 6. No change.

7. Youth turkey hunt – March 10-11.

8.7. Spring turkey – March 23-25 25-27, April 6-8 8-10 and 20-22 22-24.

9.8. Raccoon – February 2-26 3-27 and May 3-27 5-29 (from 1.5 hours before sunset on Thursday until 1.5 hours after sunrise on Sunday).

(b) Legal to take: All legal game, fish, frogs and furbearers. The taking of bobcat and otter is prohibited. During the spring turkey season tThe bag limit for turkeys shall be one gobbler (or bearded turkey) per spring turkey quota permit. Only wild hog may be taken during the wild hog-dog season. Waterfowl and coot may be taken on Wednesdays, Saturdays and Sundays only. During the raccoon season, only raccoon and opossum may be taken.

(c) No change.

(d) General regulations:

1. through 10. No change.

11. During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt, and only one gun may be used to take wildlife per hunting group.

12. through 13. No change.

14. During the raccoon season, hunting as specified by paragraph 68A-24.002(2)(b) 68A-24.002(2)b), F.A.C., is allowed.

(15) Hilochee Wildlife Management Area – Osprey Unit.

(a) Open season:

1. Archery – October 8-9 9-10 and 15-16 16-17.

2. Family hunt – November 12-13 13-14.

3. Wild hog-still – November 26-27 27-28.

4. Wild hog-dog – January 7-8 8-9 and 28-29 29-30.

5. Small game – February 2-13 3-14.

6. Youth turkey hunt – March 10-11.

7.6. Spring turkey – April 13-14 15-16 and 20-21 22-23.

7. through 8. renumbered 8. through 9. No change.

(b) through (c) No change.

(d) General regulations:

1. through 7. No change.

8. During the wild hog-dog season, a quota permit shall allow a hunting group of two persons and a guest, as authorized by Rule 68A-15.005, F.A.C., (3 total) to participate in the hunt, and only one gun may be used to take wildlife per hunting group.

9. through 11. No change.

PROPOSED EFFECTIVE DATE: July 1, 2011.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 11-17-83, 7-5-84, 10-1-84, 7-1-85, 9-19-85, 5-7-86, 5-10-87, 6-8-87, 10-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 8-7-97, 7-1-98, 10-20-98, 12-28-98, 7-1-99, Formerly 39-15.061, Amended 12-9-99, 3-30-00, 7-1-00, 7-1-01, 5-13-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11.

 

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 1, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010