Fla. Admin. Code R. 68A-17.004

Current through Reg. 50, No. 244; December 17, 2024
Section 68A-17.004 - General Regulations Relating to Wildlife and Environmental Areas
(1) General prohibitions: Hunting, fishing or trapping is prohibited on any portion of any wildlife and environmental area posted as closed to hunting, fishing or trapping. Hunting, fishing, trapping, camping or other usage related to such activity on any wildlife and environmental area shall only be at the time and in the manner provided by the regulations for the particular wildlife and environmental area. During a given season, all legal methods for taking fish, frogs or wildlife during that season shall be allowed, unless prohibited under the rules governing a particular area. Taking furbearers with traps, snares or at night is prohibited unless allowed by an area specific rule.
(2) Permits required:
(a) All regular licenses are required for persons, except those exempted in subsection (3), hereof, to take wildlife on a wildlife and environmental area.
(b) A management area permit as provided by Section 379.354, F.S., in addition to all regular license requirements, is required for persons, except those exempted in subsection (3), hereof, to take wildlife on a wildlife and environmental area.
(c) A short-term use permit or special-use permit is mandatory on those wildlife and environmental 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, and wild turkey hunting is prohibited by persons not in possession of the appropriate special-opportunity hunt permit except persons using the Florida Trail for recreational hiking.
(d) The lead managing agency or landowner of a wildlife and environmental 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 and environmental 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 379.353, F.S., persons utilizing the Apalachicola River Wildlife and Environmental Area for recreational activities, and persons in possession of a special-use permit are excepted from wildlife management area stamp requirements.
(4) Legal to Hunt: Legal game shall be only those wildlife species identified as legal to take in specific area regulations.
(a) Notwithstanding provisions in Rule 68A-13.004, F.A.C., wild turkey of either sex may be taken as provided by specific area regulation.
(b) During periods in which the taking of wild turkey is allowed, the daily bag limit for wild turkey shall be one per day unless otherwise provided by specific area regulation.
1. Wild hogs may only be taken from one-half hour before sunrise to one-half hour after sunset during any season open for the taking of game mammals or any season established for the taking of wild hog only, with no size or bag limit unless provided by area specific rule.
2. Methods of take, other than those allowed for the taking of game mammals during each open season, are prohibited.
3. During any season established for the taking of wild hog only, only legal methods of take for game are allowed unless otherwise provided by area specific rule.
4. Wild hogs may not be transported alive.
(c) Non-protected mammals and non-protected birds may be taken during any season open for the taking of game mammals or game birds, with no size or bag limit unless otherwise provided by area-specific rule.
(d) Notwithstanding the provisions in Rule 68A-24.002, F.A.C., the take of bobcat with a gun is prohibited from March 2 through March 31.
(e) Shooting hours for mourning white-winged doves shall be from one-half hour before sunrise until sunset unless otherwise provided by specific area regulation.
(5) Hunters:
(a) Authorized hunting equipment, defined for the purposes of this rule as tree stands and elevated shooting platforms, or dogs (if permitted by area regulations) may be taken on the area after 8:00 a.m. one day before the opening of the hunt and shall be removed from the area before 6 p.m. one day following the close of the hunt 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) Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a bow) is prohibited on any wildlife and environmental area during the established season for archery hunting unless otherwise stipulated in a regulation established for a specific area. Taking wildlife (except migratory birds and non-protected birds during migratory bird season) with a gun (except a muzzleloading gun) is prohibited on any wildlife and environmental area during the established season for muzzleloading gun hunting unless otherwise stipulated in a regulation established for a specific area. Taking wildlife with a gun is prohibited on any wildlife and environmental 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.
(b) Taking wild turkey with firearms other than centerfire or muzzleloading shotguns using number 2 or smaller diameter shot during the spring turkey season is prohibited, except that muzzleloading rifles are not prohibited for taking wild turkey on Santa Fe Swamp Wildlife and Environmental Area.
(c) Taking migratory birds and non-protected birds with centerfire and muzzleloading shotguns is allowed during established area seasons when one or more migratory game birds are legal to take except when prohibited by specific area rule.
(d) Taking wild turkey with air guns other than pre-charged pneumatic air guns propelling an arrow or bolt meeting specifications outlined in Rule 68A-12.002, F.A.C., during the spring turkey season is prohibited.
(e) Methods of take for non-protected mammals and non-protected birds, other than those allowed for the taking of game during each open season, are prohibited.
(7) Dogs:
(a) Dogs may be used for hunting during open seasons, except bear season or if prohibited by regulations for the particular wildlife and environmental area. The take of non-protected birds with dogs is allowed during any season when at least one species of small game is legal to take with dogs. The Executive Director or designee may issue permits to raccoon or fox hunting organizations that are sanctioned by the United Kennel Club, American Kennel Club, Professional Kennel Club, or similar sanctioning entity to allow raccoon or fox hunting during otherwise closed seasons and at times 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.
(e) No person shall take deer using the aid of dogs without a valid Commission-issued deer-dog hunting permit.
(8) Camping:
(a) Camping is prohibited unless otherwise authorized under specific area regulations.
(b) On those areas where Commission camping permits are required by specific area rule, those permits will be issued by the Commission unless denial is either necessary to protect natural and cultural resources in campgrounds, minimize conflicts among area users in the campgrounds, maintain public safety, ensure compliance with health department county codes, and to offer a fair opportunity to obtain a campsite or as appropriate based on Rule 68A-5.004, F.A.C.
(c) Commission camping permit conditions will be included as necessary to protect natural and cultural resources in campgrounds, minimize conflicts among area users in the campgrounds, maintain public safety, ensure compliance with health department county codes, and to offer a fair opportunity to obtain a campsite.
(d) No persons shall bring building materials onto the area or erect permanent or semi-permanent structures.
(9) Vehicles:
(a) No motor vehicle shall be operated on any part of any wildlife and environmental 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.
(c) Notwithstanding specific area regulations, motorcycles and mopeds that are licensed and registered to operate on public roads of the State may be operated on any road or trail open for licensed and registered vehicular traffic.
(d) Electric bicycles may be operated only on named or numbered roads. Unless otherwise prohibited by specific area rule, Class 1 electric bicycles (as defined in Section 316.003, F.S.) are exempt from this restriction and may be used pursuant to regulations relating to bicycles.
(10) Grain and food: No person shall place, expose or distribute any grain or other food for wildlife on any wildlife and environmental 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. No person shall provide food for wildlife on any wildlife and environmental area.
(11) Release of animals: No person shall release any species of the animal kingdom on any wildlife and environmental 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 and environmental area unless authorized by the landowner or the Commission. Planting of trees, shrubs or other vegetation is prohibited unless authorized by the landowner or the Commission.
(b) No person shall possess or remove saw palmetto berries from any wildlife and environmental area where the Commission is the landowner or lead managing agency without written permission.
(c) No person shall plant, propagate, introduce, or cause to grow any species of plant not native or indigenous to Florida in any wildlife and environmental 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.
(d) 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.
(13) The disturbance or removal of any manmade or cultural materials (such as shell middens, graves or other archaeologically or historically significant materials or sites) or natural materials (such as coral or lighter pine) is prohibited.
(14) Alligators: Notwithstanding any other provision in Chapter 68A-17, F.A.C., the harvest of alligators, their eggs or hatchlings may be conducted on wildlife and environmental 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 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 and environmental areas shall not be required to check in and out at a check station or check any alligators taken.
(15) 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.
(16) Fishing and Frogging: Fishing or frogging are permitted throughout the year unless otherwise provided under specific area regulations.
(17) Fires: All fires are prohibited unless otherwise provided under specific area regulations or permit condition.

Fla. Admin. Code Ann. R. 68A-17.004

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 375.313 FS.

New 4-12-98, Amended 12-28-98, Formerly 39-17.004, Amended 7-1-00, 7-1-04, 7-1-05, 7-1-06, 7-29-07, 7-1-08, 7-1-09, 7-1-10, 1-1-11, 3-25-12, 4-9-13, 7-1-14, Amended by Florida Register Volume 41, Number 047, March 10, 2015 effective 7/1/2015, Amended by Florida Register Volume 42, Number 046, March 8, 2016 effective 7/1/2016, Amended by Florida Register Volume 44, Number 050, March 13, 2018 effective 7/1/2018, Amended by Florida Register Volume 45, Number 064, April 2, 2019 effective 7/1/2019, Amended by Florida Register Volume 46, Number 171, September 1, 2020 effective 9/13/2020, Amended by Florida Register Volume 47, Number 056, March 23, 2021 effective 7/1/2021, Amended by Florida Register Volume 48, Number 056, March 22, 2022 effective 7/1/2022, Amended by Florida Register Volume 49, Number 050, March 14, 2023 effective 7/1/2023, Amended by Florida Register Volume 50, Number 065, April 2, 2024 effective 7/1/2024.