The purpose of the proposed rule is to establish an 18 minimum length limit on black bass on Lake Okeechobee, establish a 10 minimum length limit on black crappie on Lake Okeechobee, clarify Lake Okeechobee freshwater fisheries regulation boundaries,...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-23.005: Bag Limits, Length Limits, Open Season: Freshwater Fish
PURPOSE AND EFFECT: The purpose of the proposed rule is to establish an 18 minimum length limit on black bass on Lake Okeechobee, establish a 10 minimum length limit on black crappie on Lake Okeechobee, clarify Lake Okeechobee freshwater fisheries regulation boundaries, and establish an 18 minimum length limit on black bass on Lake Trafford. The effect would be to enable the agency to better manage fisheries resources.
SUMMARY: The proposed rule will change the regulation of black bass on Lake Okeechobee from a 13 to 18 inch protective slot limit to an 18 inch minimum length limit; establish a minimum size limit of 10 inches for black crappie on Lake Okeechobee; add the portion of C-41-A Canal, southeast of the S-84 structure to the definition of Lake Okeechobee; and change the black bass regulation to an 18 minimum length limit on Lake Trafford.
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 Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-23.005 Bag Limits, Length Limits, Open Season: Freshwater Fish.

(1) through (7) No change.

(8) In that portion of the state south and east of the Suwannee River to the line established by reference to certain counties in subsection (9) below, bag or length limits or areas closed to fishing are as follows:

(a) through (h) No change.

(i) Lake Okeechobee: No person shall kill or possess any black bass that is 13 inches or more in total length and less than 18 inches in total length.

1. Lake Okeechobee is Defined as any point lakeward of a boundary line delineated by the following points:

Intersection of St. Rd. 78 and U.S. 441, U.S. 441 SE to St. Rd. 5 (“80”)

St. Rd. 5 (“80”) to St. Rd. 25 (U.S. 27)

St. Rd. 25 (U.S. 27) to St. Rd. 78

St. Rd. 78 to U.S. 441

Including:

Harney Pond Canal (C-41) north of St. Rd. 78 to South Florida Water Mgmnt. District (SFWMD) structure S-71

C-41-A Canal, southeast of the S-84 structure

Indian Prairie Canal (C-40) north of St. Rd. 78 to SFWMD structure S-72

All of Taylor Creek and Nubbin Slough in Okeechobee County C-38/Kissimmee River south of SFWMD structure S-65E to St. Rd. 78

2. Black bass – No person shall kill or possess any black bass less than eighteen inches (18") in total length.

3. Crappie – No person shall kill or possess any crappie less than ten inches (10'') in total length.

(9) In the counties of Martin (except: north of a line from the St. Lucie Inlet along the south shore of the St. Lucie River to the St. Lucie Canal, north of the St. Lucie Canal, and west of U.S. Highway 441), Palm Beach (east of U.S. Highway 441 and south of State Road 80), Hendry (south of State Road 80), Broward, Collier, Dade, Lee (south of State Road 80), and Monroe:,

(a) No person shall take in any one day more than one (1) black bass fourteen inches or greater in total length, except for Lake Trafford, Collier County.

(b) Lake Trafford, Collier County – No person shall kill or possess any black bass that is less than eighteen inches (18") in total length. No person shall take in any one day more than 5 black bass of which only one may be twenty-two inches (22") or longer in total length.

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, 7-1-83, Formerly 39-23.05, Amended 2-27-86, 5-10-87, 3-1-88, 4-13-88, 7-1-89, 4-11-90, 7-1-92, 8-23-92, 4-20-93, 7-1-94, 9-15-94, 4-1-96, 7-1-98, 10-20-98, Formerly 39-23.005, Amended 7-1-00, 7-1-01, 7-1-04, 7-1-05, 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