The purpose of the proposed rule changes are to: clarify prohibition of gun or firearm possession on 38 Fish Management Areas, standardize cast net use in all Fish Orlando! Fish Management Areas and remove lakes Lorna Doone, Richmond, Dot and ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-20.005: Specific Fish Management Area Regulations
PURPOSE AND EFFECT: The purpose of the proposed rule changes are to: clarify prohibition of gun or firearm possession on 38 Fish Management Areas, standardize cast net use in all Fish Orlando! Fish Management Areas and remove lakes Lorna Doone, Richmond, Dot and Kirkman Pond from the Fish Orlando! Fish Management Program; to use Executive Order to change dates the Joe Budd Fish Management Area is open to fishing; to increase ability to add designated entry points, change name and fishing access requirements of two lakes, eliminate the check-in requirements for alligator hunters, redefine location of possession and discharge of firearms, and redefine dog possession on Teneroc Fish Management Area. The effect would be to enable the agency to better manage fisheries resources.
SUMMARY: The proposed rule would eliminate the use of cast nets on two Fish Orlando! Fish Management Areas, and remove the Fish Management Area designation and associated rules from four small lakes; increase the flexibility to change dates Joe Budd Pond Fish Management Area is open to public fishing; increase ability to add designated entry points, change the name and increase fishing utilization by changing fishing access requirements of two lakes, exempt alligator hunters from check-in requirements, clarify the physical location for possession and discharge of firearms, redefine dog possession on Teneroc Fish Management Area, and clarify prohibition of gun or firearm possession on 38 Fish Management Areas.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City, Florida
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: Darrell Scovell, 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) Northwest Region:

(a) through (b) No change.

(c) Merritts Mill Pond, Jackson County:

1. The taking of fish and wildlife with possession of rifles or gigs is prohibited.

2. The possession of gigs is prohibited.

3.2. Trotlines may be used.

4.3. No person shall take in any one day more than 10 redear sunfish (shellcracker).

5.4. No person shall kill or possess any redear sunfish that is less than 10 inches in total length.

6.5. No daily creel limit for channel catfish.

(d) through (g) No change.

(h) Joe Budd Pond, Gadsden County.

1. Closed to fishing, except as follows:

a. From July through September, open to fishing during daylight hours as specified by Order of the Executive Director. From 12:01 a.m. the first Saturday July to 12:01 a.m. Tuesday following Labor Day. on weekends and Labor Day

b. No change.

2. through 6. No change.

(i) Lake Piney Z, Leon County:

1. Swimming, taking of fish or wildlife with possession of firearms, or possession of alcoholic beverages is prohibited.

2. through 7. No change.

(2) North Central Region:

(a) No change.

1. Guns are prohibited for taking of fish or wildlife, except during the designated hunting season for Camp Blanding Wildlife Management Area.

2. through 6. No change.

(b) No change.

(c) Suwannee Lake, Suwannee County:

1. through 2. No change.

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

4. through 8. No change.

(d) Koon Lake, Lafayette County:

1. Taking of fish or wildlife with Possession of firearms is prohibited.

2. No change.

(e) Watertown Lake, Columbia County:

1. Taking of fish or wildlife with Possession of firearms is prohibited.

2. through 5. No change.

(f) through (g) No change.

(h) Lang Lake, Hamilton County:

1. through 5. No change.

6. Taking of fish or wildlife with Possession of firearms is prohibited, except by written permission of the landowner.

(i) Eagle Lake, Hamilton County:

1. through 2. No change.

3. Swimming and taking of fish or wildlife with possession of firearms is prohibited.

(j) No change.

(k) Lake Rachael, Madison County:

1. through 2. No change.

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

(l) St. Augustine Road Ponds, St. Augustine Road, North Pond and South Pond – Duval County:

1. through 3. No change.

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

5. No change.

(m) Oceanway Pond, Duval County:

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

2. through 5. No change.

(n) Hanna Park Ponds, Duval County:

1. Taking of fish or wildlife with Possession of firearms, possession of alcoholic beverages or use of cast nets is prohibited.

2. through 5. No change.

(o) Pope Duval East Pond, Duval County:

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

2. through 5. No change.

(p) Pope Duval West Pond, Duval County:

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

2. through 5. No change.

(q) Bethesda Pond, Duval County:

1. through 3. No change.

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

5. No change.

(r) Huguenot Pond, Duval County:

1. through 3. No change.

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

5. No change.

(s) Crystal Springs Park, Duval County:

1. through 3. No change.

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

5. through 6. No change.

(3) Northeast Region:

(a) through (g) No change.

(h) Lake Lorna Doone, Orange County:

1. Swimming, possession of firearms or possession of alcoholic beverages is prohibited.

2. Boats are prohibited.

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

(i) Lake Richmond, Orange County:

1. Swimming, possession of firearms or possession of alcoholic beverages is prohibited.

2. Boats are prohibited.

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

(h)(j) Lake Ivanhoe, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. No change.

3. Cast nets are prohibited

(i)(k) Lake Santiago in Demetree Park, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 3. No change.

4. Cast nets are prohibited.

(j)(l) Hal Scott Lake, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 5. No change.

(k)(m) Secret Lake Park, Seminole County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 5. No change.

(n) Lake Dot, Seminole County:

1. Swimming, possession of firearms or possession of alcoholic beverages is prohibited.

2. Boats propelled by gasoline motors are prohibited.

3. Cast nets are prohibited.

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

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

(l)(o) All waters in Bear Creek Park, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 3. No change.

(m)(p) All waters in Shadow Bay Park, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 5. No change.

(n)(q) Clear Lake, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. No change.

(r) Kirkman Pond, Orange County:

1. Swimming, possession of firearms or possession of alcoholic beverages is prohibited.

2. Use or possession of cast nets is prohibited.

3. No person shall take in any one day more than five bluegill. No person shall kill or possess any bluegill less than 12 inches in total length.

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

(o)(s) Lake Lawne, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. No change.

(p)(t) No change.

(q)(u) Turkey Lake, Orange County:

1. Swimming, taking of fish and wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 5. No change.

(r)(v) Lake Underhill, Orange County:

1. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

2. through 4. No change.

(w) through (aa) renumbered (s) through (w) No change.

(4) Southwest Region:

(a) through (h) No change.

(i) Tenoroc Fish Management Area:

1. General regulations for all Tenoroc lakes, except Lake Crago:

a. All visitors, except alligator hunt participants when taking alligators, shall check in and out at designated entry points. All designated entry points will be posted at the Tenoroc Fish Management Area headquarters. the designated entry point.

b. through g. No change.

h. No person shall discharge any gun for testing or target practice, except on a Commission shooting range or at a Commission sponsored event. During closed seasons, guns are prohibited except on the shooting range and that portion of the Tenoroc Mine Road between the front entrance and the shooting range. Guns transported to and from the shooting range shall be unloaded and cased.

i. No change.

j. Dogs are prohibited unless leashed or as authorized by Commission provided by Rule 68A-13.007, F.A.C.

k. through p. No change.

2. No change.

3. Specific regulations:

a. through b. No change.

c. Pine Lakes East Pasture, West Pasture and Derby.

(I) through (IV) No change.

(V) No person 16 years of age or older shall fish on Pine Lakes or Derby Lake unless accompanied by a child under 16 years of age.

(VI) through (VII) No change.

d. No change.

4. Notwithstanding any provisions of this subparagraph, special-opportunity alligator hunt participants may possess and use guns and baits as specified in Rule 68A-25.042, F.A.C., when taking alligators.

(k) Freedom Lake Park, Pinellas County:

1. through 3. No change.

4. Swimming, taking of fish and wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

(l) Dover District Park Lake, Hillsborough County:

1. through 3. No change.

4. Swimming, taking of fish and wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

(m) Steven J. Wortham Park Lake, Hillsborough County:

1. through 3. No change.

4. Swimming, taking of fish and wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

(n) Al Lopez Park Lake, Hillsborough County:

1. through 3. No change.

4. Swimming or taking of fish and wildlife with possession of firearms is prohibited.

(o) Walsingham Park Lake, Pinellas County:

1. No change.

2. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

3. through 8. No change.

(p) Middle Lake, Pasco County:

1. No change.

2. Swimming, taking of fish or wildlife with possession of firearms, camping, or open fires at the boat launch site are prohibited.

3. through 4. No change.

(q) No change.

(r) Bobby Hicks Park Pond, Hillsborough County:

1. through 4. No change.

5. Swimming or taking of fish or wildlife with possession of firearms is prohibited.

6. No change.

(s) Gadsden Park Pond, Hillsborough County:

1. through 4. No change.

5. Swimming or taking of fish or wildlife with possession of firearms is prohibited.

6. No change.

(t) Mosaic Fish Management Area, Polk and Hardee counties:

1. General regulations:

a. through g. No change.

h. Taking of fish or wildlife with gGuns is are prohibited.

i. through m. No change.

2. No change.

(u) Hardee County Park, Hardee County:

1. General regulations:

a. through j. No change.

k. Taking of fish and wildlife with gGuns is are prohibited.

l. through o. No change.

(v) Largo Central Park Nature Preserve, Pinellas County:

1. through 4. No change.

5. Swimming, taking of fish or wildlife with possession of firearms or possession of alcoholic beverages is prohibited.

(5) South Region:

(a) through (e) No change.

Specific 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, ________.

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 FAW.

NAME OF PERSON ORIGINATING PROPOSED RULE: Darrell Scovell, Director, Division of Freshwater Fisheries Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007