These Florida rules provide that no person shall knowingly or negligently allow any dog to pursue or molest any wildlife during any period in which the taking of such wildlife by the use of dogs is prohibited.  No person shall knowingly allow a dog under their care to enter or remain upon a critical wildlife area during any period in which public access is prohibited by the order establishing such area.

These Florida rules provide that no person shall knowingly or negligently allow any dog to pursue or molest any wildlife during any period in which the taking of such wildlife by the use of dogs is prohibited.  No person shall knowingly allow a dog under their care to enter or remain upon a critical wildlife area during any period in which public access is prohibited by the order establishing such area.

FLORIDA ADMINISTRATIVE CODE ANNOTATED. TITLE 68. FISH AND WILDLIFE CONSERVATION COMMISSION. SUBTITLE 68A. FRESHWATER FISH AND WILDLIFE. CHAPTER 68A-15. TYPE I WILDLIFE MANAGEMENT AREAS.

Current with rules included in the January 12, 2007

issue of the Florida Administrative Weekly.

68A-15.004. General Regulations Relating to Wildlife Management Areas.

(1) General prohibitions: Hunting, fishing or trapping is prohibited on any portion of any wildlife management area posted as closed to hunting, fishing or trapping. Hunting, fishing, trapping, camping or other usage related to such activity on any wildlife management area shall only be at the time and in the manner provided by the regulations for the particular wildlife management area. All legal methods for taking fish or wildlife will be permitted, unless prohibited under the rules governing a particular area.

(2) Permits required:

(a) A wildlife management area permit as provided by Section 372.57, F.S., in addition to all regular license requirements, is required for persons, except those exempted in subsection (3) hereof, to hunt, trap or be in possession of a gun, trap or other device for taking wildlife or fur-bearing animals on a wildlife management area.

(b) A short-term use permit or special-use permit is mandatory on those wildlife management areas where required by regulations for that area. On areas where short-term use permits (daily or multi-day permits) are authorized, holders of such permits shall possess or display a valid short-term use permit receipt in the manner specified on the receipt. Access to areas open to special-opportunity deer, hog (still hunt only), and wild turkey hunting is prohibited by persons not in possession of the appropriate special-opportunity hunt permit except that a non-permitted individual may accompany a permittee. While hunting or scouting, a non-permitted individual may accompany a permittee and participate in the hunt but shall not occupy a vehicle separate from the permittee or possess a gun, and shall be in the immediate vicinity (25 feet or less) of the permittee. Persons using the Florida Trail for through-hiking are exempt from the permit requirements of this paragraph.

(c) A written authorization or permit issued by the Department of Defense, in addition to licensing as required by Section 372.57, F.S., shall be required to hunt, fish or frog on any Wildlife Management Area owned by the United States of America, Department of Defense. This authorization or permit shall be displayed for inspection upon the request of any law enforcement officer.

(d) The lead managing agency or landowner of a wildlife management area may authorize persons to engage in otherwise prohibited activities not relating to the taking of fish or wildlife, to allow for access, vehicles, vessels, camping, or horses, valid only during periods closed to hunting. The landowner of a wildlife management area that requires a Recreational Use Permit (RUP) may only give such authorization to persons holding a RUP for that area. Persons so authorized must possess a copy of the authorization when engaged in such activities.

(3) Permit exceptions: Persons exempted by Section 372.57, F.S., those persons who possess a gun on Osceola, Ocala and Apalachicola Wildlife Management Areas for the exclusive purpose of shooting at a Commission authorized shooting range, persons in possession of a special-use permit; persons engaging in activities pursuant to Rule 68A-25.032 or 68A-25.042, F.A.C.; or persons hunting, fishing or frogging on lands owned by the United States of America, Department of Defense, are excepted from wildlife management area stamp requirements.

(4) Legal to hunt:

(a) Turkeys may not be taken during any fall season in which firearms may be used unless otherwise provided for a specific area. Notwithstanding provisions in Rule 68A-13.004, F.A.C., turkeys of either sex may be taken during muzzleloading and general gun seasons as specifically provided by area rule. The hours in which the hunting of gobblers or bearded turkeys is permitted during the spring season shall be from one-half hour before sunrise until 1 p.m.

(b) Only species which are legal to take in the region where the wildlife management area lies, unless otherwise provided for a specific area, may be taken.

(c) During the spring turkey season, the hunting or taking of any other species of wildlife is prohibited unless otherwise provided for a specific area.

(d) Turkey of either sex or antlerless deer may be taken during archery seasons unless otherwise provided by specific area regulation.

(e) Antlerless deer may be taken during gun seasons only by hunters possessing valid antlerless deer permits or as otherwise provided by specific area regulation.

(f) On any wildlife management areas where an antlered deer quota is established by order, no person shall take antlered deer after the quota for antlered deer is attained.

(g) Fox squirrels may not be taken.

(h) Game may be taken by falconry during established statewide seasons that coincide with periods when wildlife management areas are otherwise open for public use or hunting unless prohibited by specific area regulation. Dogs may be used during falconry only during those periods when the use of dogs for hunting is permitted by specific area regulation.

(5) Hunters:

(a) Authorized hunting equipment or dogs (if permitted by area regulations) may be taken on the area after 8 a.m. one day before the opening of the season and shall be removed from the area before 6 p.m. one day following the close of the season unless otherwise provided by specific area regulations.

(b) Driving a metal object into any tree, or hunting from a tree in which a metal object has been driven, is prohibited.

(6) Guns:

(a) No person shall possess any gun on any wildlife management area during any period in which hunting by the use of a gun is prohibited unless otherwise authorized by permit from the executive director.

(b) The possession of a firearm or crossbow is prohibited on any wildlife management area during established seasons for archery hunting unless otherwise stipulated in a regulation established for a specific area. The possession of a gun (except a muzzleloading gun) is prohibited on any wildlife management area during seasons for muzzleloading gun hunting. The possession of a gun is prohibited on any wildlife management area during any season open only for the taking of fur-bearing animals or frogs unless otherwise stipulated in a regulation established for a specific area.

(c) Notwithstanding the provisions of paragraph (a), (b), or (f), a person in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns under the provisions of Section 790.06, F.S., throughout the year, unless otherwise preempted pursuant to state or federal law.

(d) No person shall have any gun under his control while under the influence of alcohol or drugs.

(e) The possession of center-fire rifles is prohibited during small game season.

(f) The possession of any firearm containing shells or cartridges, or any capped or primed muzzleloading gun is prohibited on any public campsite or check station area. The discharge of firearms is prohibited on, from or across any campsite or check station area.

(g) Centerfire shotguns are permitted during established area seasons when one or more migratory game birds are legal to take except when prohibited by specific area rule.

(7) Dogs:

(a) Dogs may be used for hunting during open seasons unless prohibited by regulations for the particular management area. The Executive Director or designee shall issue permits to raccoon hunting organizations that are sanctioned by the United Kennel Club, American Kennel Club, Professional Kennel Club, or similar sanctioning entity to allow raccoon hunting during otherwise closed seasons and at time and places designated in the permit. Permits may be issued only in areas where this activity will not negatively impact wildlife, where adjoining landowner conflicts will be minimal, where cooperating landowners are in agreement with the permit conditions, and when not in conflict with other user groups.

(b) No person shall knowingly or negligently allow any dog to pursue or molest any wildlife during any period in which the taking of such wildlife by the use of dogs is prohibited.

(c) Dogs may be possessed, under physical restraint only, during any period in which the taking of wildlife by the use of dogs is prohibited, unless otherwise prohibited by specific area rule.

(d) Dogs on leashes may be used for trailing wounded game unless otherwise prohibited under specific area regulations.

(8) Camping:

(a) Camping during open season shall be limited to designated campsites except under special rules for particular wildlife management areas. Camping is permitted during closed season unless prohibited by specific area regulations.

(b) When camping is permitted on any wildlife management area, authorized camping equipment may be taken on the area after 8 a.m. one day before the opening of each season and shall be removed from the area before 6 p.m. one day following the close of each season unless otherwise provided by specific area regulations.

(9) Vehicles:

(a) No motor vehicle shall be operated on any part of any wildlife management area designated by area regulations as closed to vehicular traffic or temporarily closed by administrative action and posting notice of such on those areas because of inclement weather, poor road conditions, construction or management activities or wildlife surveys. The use of two-wheeled motor-powered vehicles or all-terrain vehicles is prohibited on any roads or trails not open to or used by other vehicles unless otherwise provided by specific area regulation.

(b) No person shall park any vehicle in a manner which obstructs a road, gate or firelane.

(10) Grain and food: No person shall place, expose or distribute any grain or other food for wildlife on any wildlife management area except as authorized by permit from the executive director. No person shall take wildlife on any land or waters upon which grain or other food has been deposited, provided that quail may be hunted in proximity to established game feeders.

(11) Release of animals: No person shall release any species of the animal kingdom on any wildlife management area where the Commission is the landowner or lead managing agency unless authorized by specific area regulations or written authorization from the executive director.

(12) Plants:

(a) No person shall cut or destroy any tree on, or remove any tree, shrub, or protected plant (as designated in Section 581.185, F.S.) from, any wildlife management area without written permission from the landowner or primary land manager.

(b) No person shall possess or remove saw palmetto berries from any wildlife management area where the Commission is the landowner or lead managing agency without written permission.

(c) No person shall remove plants, rocks, minerals, animal life, other natural resources or parts thereof where the Commission is the landowner or lead managing agency without written authorization from the Executive Director or designee in accordance with the criteria of Rule 68A-9.002, F.A.C.

(d) No person shall plant, propagate, introduce, or cause to grow any species of plant not native or indigenous to the wildlife management area on any wildlife management area where the Commission is the landowner or lead managing agency unless authorized by an approved comprehensive management plan or written authorization from the executive director.

(13) Alligators: Notwithstanding any other provision in Chapter 15, F.A.C., the harvest of alligators, their eggs or hatchlings may be conducted on wildlife management areas in accordance with Commission order(s) and Rules 68A-25.031, 68A-25.032, and 68A-25.042, F.A.C. Guns and bait may be possessed and used for taking alligators by alligator hunt participants as specified in Rule 68A-25.042 or 68A-25.032, F.A.C., whichever is applicable, and persons taking alligators pursuant to those rules on wildlife management areas shall not be required to check in and out at a check station, or check any alligators taken. A private landowner making his lands available for use in the wildlife management area system may participate in an alligator management program on such lands in accordance with Rule 68A-25.032, F.A.C.

(14) Public access is prohibited in areas posted as "Closed to Public Access." Such areas may be closed by posting because of resource protection, construction, management activities, public health or safety, agricultural disease, or contractual agreement.

(15) Fishing and Frogging:

(a) Fishing or frogging are permitted only during the seasons specifically established for these activities under the particular wildlife management area.

(b) Shooting frogs is permitted only during hunting seasons established for the particular wildlife management area and only with guns that are legal to use during each particular open hunting season.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.121, 372.57 FS. History--New 8-1-79, Amended 6- 4-81, 6-21-82, 6-9-83, 9-27-83, 7-5-84, 7-1-85, Formerly 39-15.04, Amended 5-7- 86, 5-10-87, 4-13-88, 8-18-88, 4-19-90, 4-4-91, 4-14-92, 10-22-92, 7-26-94, 11- 6-94, 3-30-95, 10-23-95, 9-15-96, 6-1-97, 7-1-98, 12-28-98, 4-15-99, Formerly 39-15.004, Amended 7-1-00, 6-2-02, 5-1-03, 7-1-04, 7-1-05, 7-1-06.

ANNOTATIONS

  Validity

  Trial court improperly found rule 68A-15.04(6)(a) [now rule 68A-15.004] void for vagueness on grounds that it defined neither type of dog prohibited from area nor kind of wildlife intended to be protected, where plain reading of rule revealed that it sufficiently met test of constitutional validity to put person on notice of what was prohibited; issue of what type dog was customarily used for taking wildlife presented evidentiary and not constitutional validity question, and rule was intended to protect wildlife found in management area. State v. J. H. B., App., (1st) 415 So. 2d 814 (1982).

FLORIDA ADMINISTRATIVE CODE ANNOTATED. TITLE 68. FISH AND WILDLIFE CONSERVATION COMMISSION. SUBTITLE 68A. FRESHWATER FISH AND WILDLIFE. CHAPTER 68A-19. BIRD SANCTUARIES OR COLONIAL NESTING SITES.

Current with rules included in the January 12, 2007

issue of the Florida Administrative Weekly.

68A-19.005. Establishment and Protection of Critical Wildlife Areas.

(1) Critical wildlife areas may be established by the Commission with prior concurrence in such designation by the owner of the property wherein the area is situated. All areas shall be described in the order with sufficient specificity as to permit identification and shall be posted by the Commission so as to provide due notice as to the identity and status of the area. The order establishing the critical wildlife area shall contain the dates during which the tract shall be accorded maximum protection from human or vehicular disturbance.

(2) No person shall take or disturb any wildlife within any critical wildlife area during the period designated by the order establishing such area. No person shall enter or operate a vehicle within any critical wildlife area during any period in which public access is prohibited by the order establishing such area. No person shall knowingly allow a dog under their care to enter or remain upon a critical wildlife area during any period in which public access is prohibited by the order establishing such area.

Specific Authority Art. IV, Sec. 9, Fla. Const., 372.021 FS. Law Implemented Art. IV, Sec. 9, Fla. Const. History--New 8-1-79, Amended 11-17- 81, 6-21-82, Formerly 39-19.05, Amended 4-14-92, Formerly 39-19.005.