The proposed rule amendment is to reduce conflict among recreational anglers and commercial haul seine operations. The amendment proposes to increase the area in which commercial fishers may use a haul seine by 5,100 acres, clarify current rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-23.012Special Regulations on Lake Okeechobee

PURPOSE AND EFFECT: The proposed rule amendment is to reduce conflict among recreational anglers and commercial haul seine operations. The amendment proposes to increase the area in which commercial fishers may use a haul seine by 5,100 acres, clarify current rule language, update the current rule language to utilize new technologies, and allow haul seiners to set their nets at midnight. The boundaries for commercial fishers will be set as Global Positioning System coordinates in the associated permit. The proposed amendment will reduce conflict among user groups, enhance law enforcement of the haul seine program and continue to provide effective protection of both commercial and sport fisheries and the lake ecosystem.

SUMMARY: Lake Okeechobee is a 730 square mile lake located in South Florida that supports a world-renowned sport fishery and a unique commercial fishery for bluegill and redear sunfish. The proposed rule amendment will reduce user conflicts and clarify current rule language. The proposed rule was developed through cooperative efforts with local stakeholders, partners, Division of Freshwater Fisheries Management, Division of Habitat and Species Conservation, and Division of Law Enforcement.

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 November 20-21, 2013, 8:30 a.m. − 5:00 p.m. each day

PLACE: Hyatt Regency Bonaventure Conference Center, 250 Racquet Club Road, Weston, FL 33326

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-23.012 Special Regulations on Lake Okeechobee.

(1) through (3) No change.

(4) Commercial gear specifications and restrictions:

(a) Haul seines:

1. through 4. No change.

5. Closed areas:

a. Haul seines shall not be used or operated in Pelican Bay; in Fisheating Creek Bay north and west of a line from the weather beacon approximately one mile east of the north end of Observation Shoal (designated R “2” on National Oceanic and Atmospheric Administration, National Ocean Survey chart #11428, edition 16) to the westernmost point of Horse Island; that area north and west of a line from the easternmost point of Kings Bar to Nubbin Slough water control structure S-191 white navigation light at latitude 27 degrees 5 minutes north, longitude 80 degrees 47 minutes west (designated FL 4 sec. 27 ft. 5M on National Oceanic and Atmospheric Administration, National Ocean Survey chart #11428, edition 16) to Henry Creek Lock; that area south of a line connecting the northernmost point of Kreamer Island to the northernmost point of Ritta Island; or in any rim canal, river mouth, channel, within that area shoreward of the boundary delineated by the commercial fishing boundary Global Positioning System coordinates buoys, or within one statute mile of any rooted, emergent aquatic vegetation. Latitude and longitude coordinates shall be established to further describe boundary lines as defined in this section. Latitude and longitude coordinates so established shall be incorporated in the permit issued pursuant to subsection 68A-23.012(3), F.A.C subsection (3) of this section.

b. No change.

6. No change.

7. Haul seines may be fished beginning at midnight laid out and closed no earlier than three hours before sunrise but no fish shall be taken from the waters prior to one-half hour before sunrise. No haul seines shall be operated after sunset.

8. through 9. No change.

(b) No change.

(c) Wire catfish traps:

1. through 2. No change.

3. No wire traps shall be placed within the triangular area encompassed by the following: commencing at the southwesternmost point of land at the mouth of the Kissimmee River connecting by a straight line to a point at latitude 27 degrees 7 minutes 30 seconds north and longitude 80 degrees 46 minutes 50 seconds west then connecting by a straight line to a point at the southeasternmost point of the Taylor Creek Lock connecting in a meandering line following along the shoreline of the lake to the point of beginning in that area shoreward of the commercial fishing boundary buoys and bounded on the east by Taylor Creek Lock and on the west by the mouth of the Kissimmee River, excluding any part of the area designated as North Lake Shoal on National Oceanic and Atmospheric Administration, National Ocean Survey chart #11428, edition 16.

4. through 5. No change.

(d) Trotlines: Trotlines shall be marked with a flag every 1,000 yards and with a gallon-sized buoy every 500 yards between flags when fished at a lake elevation below 11.0 feet NGVD as determined by the United States Army Corps of Engineers lakeward of the boundary delineated by the commercial fishing boundary buoys.

(5) through (7) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3635, 379.377 FS. History–New 8-1-79, Amended 11-8-79, 5-19-80, 6-22-80, 6-15-81, 6-21-82, 12-14-82, 7-1-84, 7-1-85, 9-19-85, Formerly 39-23.12, Amended 6-1-86, 2-21-88, 4-4-91, 4-15-92, 7-1-97, 7-1-98, Formerly 39-23.012, Amended 8-27-09, 3-24-13,___________.

 

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: June 13, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 27, 2013