The purpose of the proposed rule is to clarify the use of cast net in taking freshwater fish. Cast nets with mesh not greater than 1 inch stretched may be used statewide to take non-game fish less than eight inches (8'') total length and golden ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-23.002: General Methods of Taking Freshwater Fish
PURPOSE AND EFFECT: The purpose of the proposed rule is to clarify the use of cast net in taking freshwater fish. Cast nets with mesh not greater than 1 inch stretched may be used statewide to take non-game fish less than eight inches (8'') total length and golden shiners of any size, unless specifically prohibited; cast nets of any size may be used for taking of non-game fish of any size in South, Northeast, and Southwest Regions and Citrus County with some specific exceptions. The effect would be to simplify rule for greater public understanding and enable the agency to better manage fisheries resources.
SUMMARY: The proposed rule will allow the use of cast nets of any size mesh for taking of any non-game freshwater fish in South, Southwest, Northeast Regions and Citrus County, unless specifically prohibited; cast nets with stretched mesh not greater than 1 inch can be used statewide to take non-game fish less than 8 inches total length and golden shiners of any size, unless specifically prohibited.
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 Beach, 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, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-23.002 General Methods of Taking Freshwater Fish.

(1) through (2) No change.

(3) Nongame fish may be taken by hook and line, rod and reel or by trotlines, set lines or bush hooks (as specified in Rule 68A-23.004, F.A.C.), or by traps, nets or other devices as specified in Rule 68A-23.003, F.A.C. Nongame fish may be taken for personal use by any person possessing a valid freshwater fishing license by the use of not more than one slat basket or one wire trap, made as specified in Rule 68A-23.003, F.A.C., in those waters where the use of wire traps or slat baskets is permitted for commercial purposes as specified in subsection 68A-23.003(2), F.A.C. Nongame fish may be taken at night by bow and arrow and gigs and during daylight hours by manually operated spears, gigs, snatch hooks, crossbow or bow and arrow from a boat or from shore except at the spillways of the Eureka and Rodman Dams on the Oklawaha River or on the spillway of the Jim Woodruff Dam on the Apalachicola River or in Dade County canals south of the C-4 and east of the L-31N and L-31W canals inclusively. Nongame fish may be taken by the use of cast nets of any mesh size in the South and Northeast rRegions, in Citrus and Glades Countyies, and in the Southwest Region, except that possession or use of cast nets in waters adjoining Saddle Creek Fish Management Area, Polk County, confined by Morgan Combee Road, U.S. Highway 92 and Fish Hatchery Road are prohibited.

(4) through (5) No change.

(6) Minnows of Nnon-game fish less than eight inches (8'') total length and golden shiners (Notemigonus chrysoleucas) of any size excluding catfish may be taken:

(a) By the use of a dip net not over four feet in diameter.

(b) By the use of a trap not exceeding twenty-four inches (24'') in length, and twelve inches (12'') in diameter having a funnel entrance not more than one inch (1'') in spread.

(c) By the use of a cast net having a mesh size not greater than one inch (1'') stretched in fresh waters of the state unless specifically prohibited. Non-game fish of any size may be taken by cast nets of any mesh size in the South, Southwest and Northeast regions and Citrus County as specified in subsection 68A-23.002(3), F.A.C.

(d) By the use of a minnow seine having a mesh size not greater than one inch (1) stretched and not to exceed twenty feet (20'') in length and four feet (4'') in depth.

(7) through (11) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 5-19-80, 6-4-81, 6-21-82, 7-1-84, Formerly 39-23.02, Amended 6-1-86, 4-13-88, 7-1-89, 7-1-90, 4-20-93, 7-1-93, 7-1-94, 7-1-95, 4-1-96, 7-1-98, 4-15-99, Formerly 39-23.002, Amended 7-1-00, 7-1-01, 7-1-04, 7-1-06,________.

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