(1) It shall be unlawful to take or attempt
to take wildlife (except for the collection of amphibians or reptiles without
the use of a gun and the take of raptors per Rule
68A-9.005, F.A.C.) on, upon or
from the right-of-way of any federal, state or county-maintained road whether
paved or otherwise. Taking or attempting to take wildlife (except for the
collection of amphibians and reptiles without the use of a gun and the take of
raptors per Rule
68A-9.005, F.A.C.) while such
wildlife is on or upon the right-of-way of any federal, state or
county-maintained road whether paved or otherwise, is prohibited.
(2) Federal, state or county-maintained roads
may be specifically excepted by Commission order. Requests for the exception of
certain roads from the provisions herein shall be made by formal action taken
at a public meeting of the County Commission, and may be granted upon
affirmation by the County Commission that the following criteria have been met:
(a) Roads or portions thereof subject to
exception shall be unpaved, and shall not be scheduled for paving for at least
three (3) years from the date of request.
(b) Roads or portions thereof subject to
exception shall be no less than two (2) uninterrupted linear miles in
length.
(c) No exception shall be
made for any portion of road which lies within 3/10 of a mile of any dwelling,
church, school, commercial building or other occupied structure, or which lies
adjacent to the boundary of any property, the owner or lessee of which objects
to the proposed exception.
(d)
Roads or portions thereof excepted under the provisions herein shall be posted,
at the expense of the County Commission, with signs at intervals of 500 feet or
as otherwise directed by the Commission and shall include the phrase: "Right of
Way Hunting permitted: The ________ County Commission and the Florida Fish and
Wildlife Conservation Commission."
(e) A determination that the exception would
not endanger the public, livestock, crops or other property.
Prior to final action by the Commission, the Commission staff
shall furnish a recommendation on the proposed exception to the County
Commission which shall review it before a public meeting and then advise the
Commission of any public comments or concerns.
(3) All federal, state or county-maintained
roads within wildlife management areas are open to the taking of wildlife
except perimeter roads adjacent to or outside of such management areas.
Federal, state or county-maintained roads within management areas may be closed
to taking wildlife by use of a gun by specific management area
regulation.
Notes
Fla. Admin.
Code Ann. R. 68A-4.008
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
379.1025 FS. Law Implemented
Art. IV, Sec. 9, Fla. Const.
New 7-1-83,
Formerly 39-4.08, Amended 6-11-87, 6-7-88, 6-15-89, Formerly 39-4.008, Amended
5-1-03, 3-25-12, 7-1-13.
New 7-1-83, Formerly 39-4.08, Amended 6-11-87, 6-7-88,
6-15-89, Formerly 39-4.008, Amended 5-1-03, 3-25-12,
7-1-13.
