The purpose of this rule amendment is to establish harvest and possession limitations for shoal bass in the Chipola River and its tributaries. The effect of this amendment will be to prohibit the killing or possession of shoal bass on the Chipola ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish harvest and possession limitations for shoal bass in the Chipola River and its tributaries.

The effect of this amendment will be to prohibit the killing or possession of shoal bass on the Chipola River and its tributaries and result in shoal bass being catch and release only.

SUMMARY: Due to their limited habitat range, decreasing habitat availability, and hybridization, shoal bass are identified as a Species of Greatest Conservation Need (SGCN) in both Florida and Georgia. Based on the significant impact to the shoal bass’s habitat and their greatly reduced numbers, the FWC is implementing conservation efforts to ensure that the shoal bass continue to exist in the Chipola River. The proposed amendment will prohibit the killing or possession of shoal bass on the Chipola River and its tributaries.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Jon Fury, Director, Division of Freshwater Fisheries Management, 620 South Meridian Street, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (6) No change.

(7) In that portion of the state north and west of the Suwannee River (including in the Suwannee River and in any tributary river, creek or stream of the Suwannee River), bag or length limits are as follows:

(a) through (d) No change.

(e) Chipola River and its tributaries: No person shall kill or possess Shoal Bass on the Chipola River or its tributaries in the section between Peacock Bridge (Peacock Bridge Road; County Road 278, Jackson County) and Johnny Boy Landing (Johnny Boy Landing Road, Calhoun County). Any Shoal Bass that are caught must be released immediately. Anglers in the process of certifying a possible state record Shoal Bass (within 0.25 ounces of the existing state record Shoal Bass) may temporarily possess in live condition one candidate Shoal Bass in this section of the river until the fish is certified by FWC staff or an authorized representative.

(8) through (9) No change.

Rulemaking 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, 7-1-08, 7-1-11, 5-22-13, 9-9-13, 11-26-14, 7-1-16,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Fury, Director, Division of Freshwater Fisheries Management, 620 South Meridian Street, Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 3, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 11, 2019