The purpose and effect of the proposed rule is to (1) repeal the Fish and Wildlife Conservation Commission regulations for Lake Rachel, Madison County that is being disestablished as a Fish Management Area due to lack of public utilization and (2) ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:
68A-20.005Specific Fish Management Area Regulations
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to (1) repeal the Fish and Wildlife Conservation Commission regulations for Lake Rachel, Madison County that is being disestablished as a Fish Management Area due to lack of public utilization and (2) establish regulations for a new Fish Management Area that is being established. The set of rules is consistent with similar small, urban Fish Management Areas in Duval County of the North Central Region.
SUMMARY: Lake Rachel is a 100 acre lake on private property in Madison County, made available for public fishing via Lease Agreement. Due to small size, low fishery productivity and limited strategies available to provide or improve quality of fishing experiences, the Fish Management Area is being disestablished. Aquatic vegetation control efforts which were successful and did allow navigation did not increase angler utilization or quality of fishing.
Baymeadows is a 15 acres lake in Duval County that will be incorporated into the FWC North Central Region system of Fish Management Areas. The set of rules will provide the best quality fishing experience in the newly established Fish Management Area and is consistent with similar Fish Management Areas in Duval County and in agreement with Landowner’s request (City of Jacksonville).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:
DATES AND TIME: During the Commission’s regular meeting February 13-14, 2013, 8:30 a.m. to 5:00 p.m. each day
PLACE: SeaWorld Park, 7007 SeaWorld Drive, Orlando, FL 32821
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 [phone]. 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: Tom Champeau, Director, Division of Freshwater Fisheries Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-20.005 Specific Fish Management Area Regulations.

(1)     No change.

(2) North Central Region:

(a) through (j) No change.

(k) Lake Rachael, Madison County:

1. The use of boats propelled by gasoline motors is prohibited.

2. No person shall kill or possess any black bass.

3. Taking of fish or wildlife with firearms is prohibited.

(l) through (s) renumbered (k) through (r).

(s) Baymeadows, Duval County.

1. Swimming, taking of fish or wildlife with firearms, possession of alcoholic beverages or use of cast nets is            

prohibited.

2. The use of boats propelled by a gasoline motor is prohibited.

3. No person shall kill or possess any black bass less than 16 inches in total length.

4. No person shall take in any one day more than 20 panfish, in the aggregate.

5. Access prohibited from 30 minutes after sunset until 30 minutes before sunrise.

(3) through (5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 2-19-80, 5-19-80, 6-4-81, 9-28-81, 6-21-82, 7-1-83, 11-17-83, 7-1-84, 7-1-85, Formerly 39-20.05, Amended 2-27-86, 6-1-86, 5-10-87, 4-13-88, 7-1-89, 7-1-90, 4-11-91, 7-1-91, 7-2-92, 8-23-92, 4-20-93, 7-1-94, 8-15-95, 10-23-95, 4-1-96, 2-16-97, 6-1-97, 6-29-97, 1-1-98, 7-1-98, 11-2-98, Formerly 39-20.005, Amended 4-30-00, 7-1-00, 10-10-00, 4-1-01, 7-1-01, 10-9-01, 7-1-02, 1-1-03, 7-1-03, 1-1-04, 7-1-04, 7-17-05, 7-1-06, 4-1-07, 7-1-08, 7-1-10, 2-8-11, 3-25-12, 7-1-12,                .

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 F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Champeau, Director, Division of Freshwater Fisheries Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2013