No person shall take any wildlife in any restricted hunting area using a gun unless such taking is authorized by a permit issued by the executive director or his or her designee. Such permits may be issued on an annual basis upon application by a landowner or lessee under the following conditions:

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    (1) The taking of wildlife by the use of a gun would not endanger the safety of the public.
    (2) The taking of wildlife is subject to all applicable Commission regulations governing hunting such as bag limits, possession limits and hours of shooting.
    (3) At all times while hunting, the permit to take wildlife shall be in the possession of the landowner, lessee or their guests and invitees.
    (4) The executive director or his designee shall consult with the appropriate unit of local government prior to taking action on the request for permit.
Rulemaking Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History-New 11-4-97, Formerly 39-19.006.