Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-4.001: General Prohibitions
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to clarify and establish regulations which prohibit the feeding of specific species of wildlife, and prohibit “internet hunting.” The effect of the proposed rule changes will enable the agency to better manage wildlife which may be negatively impacted by feeding or create a public nuisance when fed, and prohibit a method of take.
SUMMARY: The proposed rule changes would clarify the regulation to prohibit the feeding of bears, fox, and raccoon only when it causes a public nuisance. The current rule, as written, makes the simple act of feeding these species a public nuisance. Feeding pelicans will be prohibited when it is determined to be detrimental to their health. Intentional feeding of sandhill cranes will be prohibited. “Internet hunting” or hunting via remote control methods will be prohibited by persons not physically present at the location of the gun.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-4.001 General Prohibitions.

(1) through (2) No change.

(3) Intentionally placing food or garbage, allowing the placement of food or garbage, or offering food or garbage in such a manner that it attracts black bears, foxes or, raccoons and in a manner that is likely to create or creates, or sandhill cranes and thereby creates a public nuisance is prohibited.

(4) The intentional feeding or the placement of food that attracts pelicans and modifies the natural behavior of the pelican so as to be detrimental to the survival or health of a local population is prohibited.

(5) The intentional feeding of sandhill cranes is prohibited.

(6) No person shall take or assist in taking wildlife using a method that involves remote control aiming and discharging of a gun when that person is not physically present at the location of that gun.

PROPOSED EFFECTIVE DATE: July 1, 2008.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, Formerly 39-4.01, Amended 4-1-96, Formerly 39-4.001, Amended 5-13-02, 7-1-04, 7-1-08.

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 FAW.


NAME OF PERSON ORIGINATING PROPOSED RULE: Roland Garcia, Regional Director, 3377 East U.S. Highway 90, Lake City, Florida 32409-1658
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 05, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007