The proposed rule is to permanently designate four Free Freshwater Fishing Days in rule. This rule will designate the first Saturday and Sunday in April and the second Saturday and Sunday in June annually as recreational free-freshwater fishing days....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-5.006Designation of Free-Freshwater Fishing Days; License Requirements and Regulation Compliance

PURPOSE AND EFFECT: The proposed rule is to permanently designate four Free Freshwater Fishing Days in rule. This rule will designate the first Saturday and Sunday in April and the second Saturday and Sunday in June annually as recreational free-freshwater fishing days. This rule would allow for stakeholders to fish without the statutorily- required license for four days out of the year. Any person partaking in the Free Freshwater Fishing Days must comply with all other laws, rules and regulations pertaining to freshwater fishing. This rule only pertains to the taking of freshwater fish for non-commercial purposes. The effect of this rule will be to have all Free Freshwater Fishing Days on the same day each year and have them set permanently in rule.

SUMMARY: The rule amendment will permanently designate the first Saturday and Sunday in April and the second Saturday and Sunday in June as Free-Freshwater Fishing days. Recreational fishers will be allowed to fish without the required fishing license, but must comply with all other laws, rules, and regulations pertaining to freshwater fishing.

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: Art. IV, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, 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-5.006 Designation of Free-Freshwater Fishing Weekend; License Requirements and Regulation Compliance.

Notwithstanding the provisions of Section 379.354, F.S., any person may take or attempt to take freshwater fish for noncommercial purposes during “Free-Freshwater Fishing Days” without obtaining or possessing a license as otherwise required by that section. “Free-Freshwater Fishing Day-Spring” is hereby designated as that period, commencing at 12:01 a.m. and ending 11:59 p.m. on the first Saturday and Sunday in April, and “Free-Freshwater Fishing Day-Summer” is hereby designated as that period, commencing at 12:01 a.m. and ending at 11:59 p.m. on the second Saturday and Sunday in June, or such other period as may be specified by order of the Commission. Any person taking or attempting to take freshwater fish during said periods shall comply with all other laws or regulations governing the holders of freshwater fishing licenses, and all other conditions and limitations regulating the taking of freshwater fish as are imposed by law or rule.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.1025, 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 6-20-90, Amended 2-25-99, Formerly 39-5.006, Amended 5-2-12,__________.

 

PROPOSED EFFECTIVE DATE: AS SOON AS POSSIBLE AFTER COMMISSION ACTION

 

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: September 5, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2013