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 amendments 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 amendments will be to enable the agency to better manage fish and wildlife resources and public use on WEAs.
SUMMARY: The proposed rule amendments would revise or establish specific area regulations on WEAs as follows:
Southwest Region.
Lake Wales Ridge WEA, Royce Unit – adjust the season dates for the first spring turkey hunt to begin with the opening of the zonal season.
North Central Region.
Santa Fe Swamp WEA – allow the take of game by falconry during established statewide seasons.
Northwest Region.
Apalachicola River WEA – allow wild hog hunting during small game season and allow camping at Butcher Pen Landing in designated sites only.
Proposed rule amendments would also amend or clarify rule language related to the use of guns for taking wildlife on WEAs. Additionally, the proposed rule amendment would provide non-substantive technical changes, such as grammatical corrections and language standardization.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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 8-9, 2012, 8:30 a.m. – 5:00 p.m., each day.
PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333.
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 21-23 23-25 and October 12-14 14-16.

b. General gun – November 16-18 18-20.

c. Small game – December 7-9 9-11, 21-23 23-25, January 18-20 20-22 and 25-27 27-29.

d. Wild hog-still – May 4-5 5-6 and 11-12 12-13.

e. Youth turkey hunt – March 9-10 10-11.

f. Spring turkey – March 16-18 and March 29-31 30 through April 1.

g. No change.

2. through 3. No change.

(g) through (k) No change.

(2) North Central Region.

(a) Santa Fe Swamp – Bradford County.

1. Open season:

a. Archery – September 21 23 through October 19 21.

b. Muzzleloading gun – October 20-22 22-24.

c. Archery and muzzleloading gun – November 3 5 through December 30 January 1.

d. Spring turkey – March 16 17 through April 21 22.

e. No change.

f. Falconry – Game may be taken by falconry during established statewide seasons that coincide with periods when the area is otherwise open for public use or hunting.

2. No change.

3. General regulations:

a. Persons shall enter and exit the area at designated entrances or via Little Santa Fe Lake Public access into the area is allowed on Cow Pen Road and Little Santa Fe Lake only.

b. Vehicles are prohibited except in the designated parking areas area.

c. through e. No change.

(b) Fort White Mitigation Park – Gilchrist County.

1. Open season:

a. Archery season – October 20-24 22-26, 27-31 October 29 through November 2 and November 10-14 12-16.

b. Small game – November 17-30 19 through December 2.

c. Youth spring turkey – March 9-10 10-11.

d. Spring turkey – March 18-22 19-23 and 25-29 26-30.

e. through g. No change.

2. No change.

3. Camping: Camping is allowed by permit only from the Suwannee River Water Management District.

4.3. No change.

(c) Suwannee Ridge – Hamilton County.

1. Open season:

a. Mobility-impaired general gun – October 12-14 14-16, 26-28 October 28-30, November 2-4 4-6 and December 14-16 16-18.

b. Mobility-impaired spring turkey – March 22-24 23-25 and April 12-14 13-15.

2. No change.

3. General regulations:

a. through d. No change.

e. Hunters shall enter and exit through Holton Creek WMA Road 2 only. The area may be accessed during non-hunting periods only by use of the Adams Grade parking area.

f. through i. No change.

(d) through (e) No change.

(f) Lafayette Forest Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – September 22-26 24-28, September 28 30 through October 2 4 and October 5-9 7-11.

b. Muzzleloading gun season – October 20-22 22-24.

c. Family hunt – November 3-4 5-6 and 10-11 12-13.

d. Wild hog-still – January 19-23 21-25 and January 26-30 28 through February 1.

e. Youth spring turkey – March 9-10 10-11.

f. Spring turkey – March 16-18 17-19 and 22-24 23-25.

g. through i. No change.

2. through 3. No change.

(g) Watermelon Pond Wildlife and Environmental Area.

1. Open seasons:

a. Archery season – October 13-21 15-23.

b. Small game – November 16-29 18 through December 1 and December 14-29 16-31.

c. through e. No change.

2. No change.

3. General regulations:

a. No change.

b. Motorized vehicular access is prohibited, except in designated parking areas.

c. through e. No change.

(3) Northwest Region.

(a) No change.

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

1. No change.

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 and during the open season for gray squirrel established in Rule 68A-13.004, F.A.C.

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 and only at designated campsites at Butcher Pen Landing. 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.

4. General regulations:

a. through i. No change.

j. During the wild hog-dog season, wild hog may be taken by the aid of a light with a firearm provided that no such firearm shall be loaded at any time except immediately prior to the shooting of a bayed hog. The hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited.

(c) No change.

(4) South Region.

(a) Southern Glades – Dade County.

1. Open season:

a. Archery – July 28 30 through August 26 28.

b. Muzzleloading gun – September 7-9 9-11.

c. General gun – September 15 17 through October 14 16 and November 19-25 21-27.

d. Small game – November 10 12 through March 3 4.

e. through g. No change.

2. No change.

3. General regulations:

a. No change.

b. The possession of any firearm containing shells or cartridges or capped or primed muzzleloading guns is prohibited on levees, improved roads, and at check stations. The take of wildlife with discharge of guns is prohibited on, from, or across any check station, levee, or improved road.

c. The take of wildlife with a Hunting or discharge of any firearm east of the C-109 road, within 500 yards of the Dade Work Camp, or any building or structure is prohibited.

d. through e. No change.

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

1. Open season:

a. Archery – September 7-9 9-11, 14-16 16-18 and 21-23 23-25.

b. Muzzleloading gun – October 5-7 7-9, 12-14 14-16 and 19-21 21-23.

c. General gun for mobility-impaired – October 27-28 29-30.

d. General gun – November 2-4 4-6 and 9-11 11-13.

e. Wild hog-still – November 16-18 18-20, November 30 through December 2 2-4, December 7-9 9-11 and 14-16 16-18.

f. Spring turkey – March 5-7 6-8, 15-17 16-18 and 22-24 23-25.

g. Small game – December 8 10 through January 27 29.

h. through j. No change.

2. through 3. No change.

4. General regulations:

a. through k. No change.

l. Taking wildlife Hunting with firearms other than shotguns is prohibited during the small game season.

m. The take of wildlife with a firearm discharge of firearms within 1/4 mile of the hiking trail campsites is prohibited.

(c) CREW – Collier and Lee Counties.

1. Open season:

a. Archery – August 4-12 6-14.

b. Muzzleloading gun – September 1-3 3-5.

c. General gun – November 17-25 19-27.

d. Small game –December 1-28 3-30.

e. Spring turkey – March 2-5 3-6 and 6-10 7-11.

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 8-11 10-13, 15-18 17-20, 22-25 24-27 and September 29 through October 2 1-4.

b. Muzzleloading gun – October 13-15 15-17.

c. General gun – October 27-29 29-31, November 3-5 5-7 and 10-12 12-14.

d. Small game – November 17 19 through December 16 18.

e. Spring turkey – March 16-31 17 through April 1 (Wednesdays, Saturdays and Sundays only).

f. through g. No change.

2. through 4. No change.

(5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2012.

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, 11-14-11, 7-1-12.

 

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: November 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011