Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
Rule No. : RULE TITLE :
68A-17.005: Specific Regulations for Wildlife and Environmental Areas
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise specific area regulations on Wildlife and Environmental Areas (WEAs) 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 WEAs.
SUMMARY: The proposed rule amendment would revise or establish specific area regulations on WEAs as follows:
Southwest Region.
Lake Wales Ridge WEA, Royce Unit – establish a 2-day youth turkey hunt (quota of 5, no exemptions) with a bag limit of one turkey per quota permit.
North Central Region
Fort White WEA – establish a 2-day youth turkey hunt (quota of 3, no exemptions) with a bag limit of one turkey per quota permit.
Lafayette Forest WEA – establish a 2-day youth turkey hunt (quota of 5, no exemptions) with a bag limit of one turkey per quota permit.
Northwest Region.
Apalachicola River WEA – remove the limitation of one gun per hunting party during the wild hog-dog season.
L. Kirk Edwards WEA – establish the following seasons and regulations for the portion of the area east of Chaires Cross Road: three 3-day archery hunts (quota 5 per hunt, no exemptions); establish a 2-day family hunt (quota 3, no exemptions); establish four 3-day archery and muzzleloading gun hunts (quota 5 per hunt, no exemptions); establish a 15-day small game season (five 3-day hunts); a 2-day youth turkey hunt (quota of 3, no exemptions); allow fishing and frogging year round; prohibit trapping; establish as legal to take all legal game, fish, frogs, and furbearers, except that turkeys may be hunted only during the spring turkey seasons; set the bag limit for deer during the archery season at one antlered or one antlerless deer per quota permit; set the bag limit for deer during the family hunts at one antlered and one antlerless deer per quota permit; set the bag limit for deer during the archery/muzzleloading gun season at one antlered deer per quota permit; set the bag limit during the youth turkey hunt at one turkey per quota permit; and all other rules that currently apply to the area.
South Region.
Southern Glades WEA – establish wild hog as legal to take during small game season; remove bag limit and shoulder height restriction for wild hog.
Additionally the proposed rule amendment would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule. 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-17.005 Specific Regulations for Wildlife and Environmental Areas.

(1) Southwest Region.

(a) through (e) No change.

(f) Lake Wales Ridge Wildlife and Environmental Area – Royce Unit – Highlands County.

1. Open season:

a. Archery – September 23-25 and October 14-16 15-17 and 22-24.

b. General gun – November 18-20 19-21.

c. Small game – December 9-11, 23-25 10-12 and 24-26, January 20-22 21-23 and 27-29 28-30.

d. Wild hog-still – May 5-6 7-8 and 12-13 14-15.

e. Youth turkey hunt – March 10-11.

f.e. Spring turkey – March 16-18 18-20 and March 30 through April 1 1-3.

g.f. No change.

2. Legal to take: All legal game, fish, frogs, and furbearers. The bag limit for antlered deer shall be one per quota permit. Antlerless deer may be taken by antlerless deer permit only. Only wild hog may be taken during the wild hog-still season. During the spring turkey season, the bag limit for turkey shall be one gobbler (or bearded turkey) per quota permit. Turkey of either sex may be taken during the archery season.

3. No change.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. Open season:

a. Archery – September 23 25 through October 21 24.

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

c. Archery and muzzleloading gun – November 5 13 through January 1 9.

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

e. No change.

2. through 3. No change.

(b) Fort White Mitigation Park – Gilchrist County.

1. Open season:

a. Archery season – October 22-26 23-27, October 29 30 through November 2 3 and November 12-16 13-17.

b. Small game – November 19 20 through December 2 3.

c. Youth spring turkey – March 10-11.

c. through f. renumbered d. through g. No change.

2. No change.

3. General regulations:

a. through f. No change.

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

(c) Suwannee Ridge – Hamilton County.

1. Open season:

a. Mobility-impaired general gun – October 14-16 15-17, October 28-30 29-31, November 4-6 5-7 and December 16-18 17-19.

b. Mobility-impaired spring turkey – March 23-25 25-27 and April 13-15 15-17.

2. through 3. No change.

(d) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – September 24-28 25-29, September 30 through October 4 1-5 and October 7-11 8-12.

b. Muzzleloading gun season – October 22-24 29-31.

c. Family hunt – November 5-6 13-14 and 12-13 20-21.

d. Wild hog-still – January 21-25 29 and January 28 through February 1 2 and February 5-9.

e. Youth spring turkey – March 10-11.

f.e. Spring turkey – March 17-19 19-21 and 23-25 25-27.

f. through h. renumbered g. through i. No change.

2. through 3. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – October 15-23 23-31.

b. Small game – November 18 20 through December 1 3 and December 16-31 18-31.

c. through e. No change.

2. through 3. No change.

(3) Northwest Region.

(a) No change.

(b) Apalachicola River – Gulf, Franklin, and Liberty counties.

1. Open seasons:

a. Archery – Opening 33 days prior to the first day of the general gun season and closing 29 days thereafter.

b. Muzzleloading gun – Opening the first Saturday in December and closing 2 days thereafter.

c. General gun – Opening the fourth Thursday in November and closing 3 days thereafter and reopening the second Saturday in December and closing 53 days thereafter.

d. Small game – During the open seasons established in Rule 68A-13.004, F.A.C.

e. Archery and muzzleloading gun – Opening the day immediately following the last day of the general gun season and closing 10 days thereafter.

f. Spring turkey – During the spring turkey season established for Zone D in Rule 68A-13.004, F.A.C., excluding the youth turkey hunt.

g. Wild hog-dog – Opening the third Friday and closing 2 days thereafter in the months of July, August, September, May and June, in that portion of the area west of Saul Creek Road, south of a line running east from Misfit Landing to the Apalachicola River and west of the Apalachicola River.

h. Migratory game birds – During seasons established by Rules 68A-13.003 and 68A-13.008, F.A.C.

i. Fox, raccoon, opossum and bobcat – Throughout the year.

j. Trapping – December 1 through March 1.

k. Fishing and frogging – Throughout the year.

2. Legal to take: All legal game, fish, frogs and furbearers. Antlerless deer may only be taken during the archery season. Bearded turkey or gobblers may be taken during the spring turkey season and the first 41 days of the general gun season; turkey of either sex may be taken during the archery and muzzleloading gun seasons. During the first phase of dove season, taking dove in posted dove fields is prohibited except on Saturdays. Wild hog may only be taken during the archery, muzzleloading gun, general gun, archery/muzzleloading gun and wild hog-dog seasons.

3. Camping: Throughout the year. Camping is limited to tents, trailers or self-propelled camping vehicles. Camping is allowed throughout the area, except where posted as no camping. Unless contained in mobile campers, kitchen stoves, refrigerators and freezers are prohibited. Lumber, sheet metal or other building materials are prohibited. Camping more than 14 consecutive days at a time is prohibited in that portion of the area posted as Northwest Florida Water Management District lands.

1. Hunting shall be allowed only during the open seasons established for migratory birds in Rules 68A-13.003 and 68A-13.008, F.A.C., during open seasons, except crossbow season, established in Rule 68A-13.004, F.A.C., during an archery and muzzleloading gun season opening 19 days following the close of the zonal antlered deer season and closing 6 days thereafter, and during a wild hog-dog season with hunts opening the third Friday and closing 2 days thereafter in the months of July, August, September, May, and June, and except for the following:

a. Antlerless deer may only be taken during the archery season.

b. Turkeys of either sex may only be taken during the archery and muzzleloading gun seasons.

c. General gun season shall open the fourth Thursday in November and close three days thereafter and reopen the second Saturday in December and close 53 days thereafter.

d. During the first phase of dove seasons established by Rule 68A-13.008, F.A.C., doves may be taken in posted dove fields on Saturdays only.

e. Wild hog may only be taken during the archery, muzzleloading gun, general gun, archery/muzzleloading gun and wild hog-dog seasons. During the wild hog-dog season, wild hogs may be taken only on that portion of the area west of Saul Creek Road, south of a line running east from Misfit Landing to the Apalachicola River and west of the Apalachicola River.

2. Furbearers may be taken in accordance with the provisions of Rule 68A-24.002, F.A.C., except the use or possession of dogs is prohibited during the spring turkey season.

4.3. General regulations:

a. Furbearers may be taken in accordance with the provisions of Rule 68A-24.002, F.A.C., except the use or possession of dogs is prohibited during the spring turkey season and traps may only be used during the established trapping season.

a. Camping is limited to tents, trailers, or self-propelled camping vehicles only. Camping is permitted throughout the area, except where posted as no camping. Kitchen stoves, refrigerators, and freezers, unless contained in mobile campers, lumber, sheet metal, or other building materials are prohibited. Camping more than 14 consecutive days at a time is prohibited in that portion of the area posted as Northwest Florida Water Management District lands.

b. Unauthorized removal or cutting of trees or plants is prohibited.

b.c. The use of dogs, other than bird dogs or retrievers, on posted dove fields is prohibited during the first phase of dove season.

d. through g. renumbered c. through f. No change.

g.h. 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 and no more than three free-running dogs may be used to take wildlife per hunting group.

i. through k. renumbered h. through j. No change.

(c) L. Kirk Edwards – Leon County.

1. Open seasons for that portion of the area west of Chaires Cross Road:

a. through b. No change.

c. Fishing and frogging – Allowed throughout the year.

2. Open seasons for that portion of the area east of Chaires Cross Road: Spring turkey – During the first three days of the spring turkey season for Zone C, and the Friday, Saturday and Sunday of the third and fifth weekends of the spring turkey season for Zone C.

a. Archery – During the first three days of the archery season for Zone C, and the Friday, Saturday and Sunday of the third and fifth weekends of the archery season for Zone C established in Rule 68A-13.004, F.A.C.

b. Family hunt – During the first two days of the muzzleloading gun season for Zone C established in Rule 68A-13.004, F.A.C.

c. Archery and muzzleloading gun – During the Friday, Saturday and Sunday of the second weekend of the muzzleloading gun season for Zone C established in Rule 68A-13.004, F.A.C. and during the Friday, Saturday and Sunday of the second, fourth and sixth weekends of the antlered deer season for Zone C established in Rule 68A-13.004, F.A.C.

d. Small game – During the seventh, ninth, eleventh, thirteenth and fifteenth weekends of the gray squirrel season established in Rule 68A-13.004, F.A.C. (Friday through Sunday only).

e. Youth turkey hunt – During the youth turkey hunt for Zone C established in Rule 68A-13.004, F.A.C.

f. Spring turkey – During the first three days of the regular season for Zone C, and the Friday, Saturday and Sunday of the third and fifth weekends of the regular season for Zone C established in sub-subparagraph 68A-13.004(2)(c)2.a., F.A.C.

g. Fishing and frogging – Allowed throughout the year.

3. Legal to take: All legal game, turkey (during spring turkey season only), fish, frogs and furbearers. During the spring turkey season, the bag limit shall be one gobbler (or bearded turkey) per quota permit. During the archery season the bag limit for deer shall be one antlered or one antlerless deer per quota permit. During the family hunt the bag limit for deer shall be one antlered and one antlerless deer per quota permit. During the archery/muzzleloading gun season the bag limit for deer shall be one antlered deer per quota permit. Migratory game birds, gray squirrel, gobblers and bearded turkey only. The take of wild hog is prohibited. Gobbler and bearded turkey may be taken during the spring turkey season only and the bag limit shall be one per quota permit.

4. General regulations:

a. No change.

b. Taking wildlife with dogs, other than bird dogs or retrievers, is prohibited. Taking wild hog with dogs is prohibited.

c. through d. No change.

(4) South Region.

(a) Southern Glades – Dade County.

1. Open season:

a. Archery – July 30 September 11 through August 28 October 10.

b. Muzzleloading gun – September 9-11 October 15-17.

c. General gun – September 17 through October 16 and 30 through November 21-27 December 5.

d. Small game – November 12 13 through March 4 6.

e. through g. No change.

2. Legal to take: All legal game (except turkey), fish, frogs and furbearers (except bobcat and otter). Take of antlerless deer is prohibited during archery season. The take of wild hog with a shoulder height of less than 15 inches is prohibited. The take of wild hog is prohibited during small game season. Wild hog: daily bag, 1; possession limit, 2.

3. No change.

(b) John G. and Susan H. Dupuis Jr. – Palm Beach and Martin counties.

1. Open season:

a. Archery – September 9-11 10-12, 16-18 17-19 and 23-25 24-26.

b. Muzzleloading gun – October 7-9 8-10, 14-16 15-17 and 21-23 22-24.

c. General gun for mobility-impaired – October 29-30 30-31.

d. General gun – November 4-6 5-7 and 11-13 12-14.

e. Wild hog-still – November 18-20 19-21, December 2-4 3-5, 9-11 10-12 and 16-18 17-19.

f. Spring turkey – March 6-8 8-10, 16-18 18-20 and 23-25 25-27.

g. Small game – December 10 11 through January 29 30.

h. through j. No change.

2. through 4. No change.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. Archery – August 6-14 September 11-19.

b. Muzzleloading gun – September 3-5 October 16-18.

c. General gun – November 19-27 October 30 through November 7.

d. Small game – December 3-30 4-31.

e. Spring turkey – March 3-6 5-8 and 7-11 9-13.

f. through g. No change.

2. through 4. No change.

(d) No change.

(e) John C. and Mariana Jones/Hungryland – Palm Beach and Martin Counties.

1. Open season:

a. Archery – September 10-13 11-14, 17-20 18-21, 24-27 25-28 and October 1-4 2-5.

b. Muzzleloading gun – October 15-17 16-18.

c. General gun – October 29-31 30 through November 1, November 5-7 6-8 and 12-14 13-15.

d. Small game – November 19 20 through December 18 19.

e. Spring turkey – March 17 19 through April 1 3 (Wednesdays, Saturdays and Sundays only).

f. through g. No change.

2. through 4. No change.

(5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2011.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 7-1-83, Amended 11-30-83, 7-1-84, 8-21-85, Formerly 39-17.05, Amended 6-1-86, 8-13-87, 8-18-88, 8-17-89, 4-11-90, 7-1-91, 10-31-91, 4-14-92, 4-20-93, 7-1-94, 9-15-94, 3-30-95, 8-15-95, 7-1-96, 4-3-97, 10-28-97, 7-1-98, 8-11-98, 7-1-99, Formerly 39-17.005, Amended 7-1-00, 5-1-01, 6-2-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 1-6-09, 7-1-09, 10-29-09, 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