The purpose of this rule is to provide clarity on permit eligibility, evaluation criteria and considerations, and permit renewal processes for Freshwater Fisheries Special Activity Permits and Black Bass Tournament Exemption ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NOS.:RULE TITLES:

68A-9.002Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes

68A-9.003Permits for Freshwater Fish

PURPOSE AND EFFECT: The purpose of this rule is to provide clarity on permit eligibility, evaluation criteria and considerations, and permit renewal processes for Freshwater Fisheries Special Activity Permits and Black Bass Tournament Exemption Permits.

SUMMARY: Staff are seeking to update rule language for the Freshwater Fisheries Special Activity Permits and Black Bass Tournament Exemption Permits. The rule provides clarity on permit eligibility, evaluation criteria and considerations, and permit renewal processes.

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:

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 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: Ryan Hamm Division of Freshwater Fisheries Management Fish and Wildlife Conservation Commission, 7386 NW 71st Street Gainesville, Florida 32653, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-9.002 Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes.

(1) through (3) No change.

(4) The Executive Director shall issue permits to fishing tournaments, with 6 or more participants, to allow temporary possession of fish not meeting applicable size restrictions, provided that all fish caught in the tournament are live-released following weigh-in and that fish are handled in accordance with the Commission’s scientific guidelines. Post tournament reporting must be completed and submitted to the Commission. Application instructions and permit requirements, including the Commission’s scientific guidelines and instructions for completing the post tournament reporting, may be accessed at http://myfwc.com/license/freshwater/bass-tournament/ and are contained in a document titled “Black Bass Tournament Exemption (Permit) Stipulations,” Form #BBTE rev2019 (effective September 2019), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11215, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-9.02, Amended 12-25-95, 4-1-96, Formerly 39-9.002, Amended 7-1-02, 3-21-10, 1-11-17, 11-5-19,      .

 

68A-9.003. Permits for Freshwater Fish.

The Florida Fish and Wildlife Conservation Commission recognizes that there are justifiable reasons to allow for the harvest, collection, possession, or release of freshwater fish species that otherwise would be in violation of one or more of the state’s freshwater fisheries regulations. Such activities include scientific research, education/exhibition, management activities, and fishing tournaments.

(1) Definitions. As used in this rule:

(a) Education exhibition – means an organized presentation or display of freshwater fish along with a selection of educational materials to include interpretive signs, presentations, brochures, handouts, or other materials which shall include information about the species for the following:

1. Public aquaria – permanent, fixed aquaria in which freshwater fish species are confined in such a manner that the general public is able to view the fish during regularly scheduled business hours with or without a fee.

2. Public exhibitor – a facility in which freshwater fish species are confined in such a manner that the general public is able to view the species during regularly scheduled business hours, either through scheduled tours or general admission, with or without a fee.

3. Public zoological park – a permanent, fixed facility in which freshwater fish species are confined in such a manner that the general public is able to view the species during regularly scheduled business hours with or without a fee.

(b) Management – means an activity that conserves, enhances, or restores freshwater fish species, populations, or habitats for conservation or public benefit.

(c) Research – means any activity that uses freshwater fish to conduct one or more of the following:

1. Research activity that involves the application of rigorous, systematic, and objective procedures of observation, measurement, experimental design, controls, and data analysis to test a stated hypothesis.

2. Monitoring activities that involve making technical and scientific observations as a means of gathering data according to a predetermined study plan.

3. Resource conservation or mitigation activities that involve the removal or enhancement of freshwater fish and include subsequent monitoring to measure the success of the effort.

(2) Freshwater Fisheries Special Activity Permits (FSAP).

Allows for the take and possession of freshwater fish species that may otherwise violate Commission rules. Permits may be issued to entities engaged in research, education, exhibition, or management as defined in this rule. This permit does not authorize possession of live non-native freshwater fish species in accordance with chapter 68-5, F.A.C., or take or possession of State or Federal endangered or threatened freshwater fish species as defined in rule 68A-27, F.A.C.

(a)  FSAP General Application Evaluation Criteria. All FSAP applications will be evaluated based on the following considerations:

1. Eligibility of the applicant for the requested permit, as established under subparagraphs (b)1., (c)1., or (d)1., of this rule.

a. Completeness of the information submitted to the Commission through the application process.

b. Potential impacts of the gear, size of the gear or method of collection and harvest including chemicals requested.

c. Biological status of the species requested, based on the best scientific information available. In the absence of scientific information, the Commission will use a risk-averse approach until such a time that scientific information is available.

d. Location of proposed activities.

e. Number and/or size of the proposed species being studied or harvested.

f. Proposed disposition of the requested species following collection.

g. Whether the requested activities can be reasonably conducted under a recreational freshwater fishing license.

h. Potential detrimental effects of the requested activity on the ecology of the state.

(b) Freshwater Fisheries Research and Monitoring (FFRM).

Accommodates the need for the scientific community to conduct research, monitoring, and resource conservation or mitigation activities that enhance the greater body of knowledge in support of fisheries management and resource conservation and enhancement.

1. Eligibility. An FFRM shall only be issued to the following:

a. A principal investigator of a proposed or ongoing scientific research project who is affiliated with an accredited university or college.

b. A administrator or teacher from a middle school or high school conducting research as part of a curriculum or project.

c. A member of the scientific or technical staff of a municipal, city, county, state, or federal agency.

d. A principal investigator of a proposed or ongoing scientific research project who is affiliated with an environmental services or consulting firm.

e. A member of the scientific or technical staff of a certified aquaculture facility that holds a valid aquaculture certificate of registration issued by the Department of Agriculture and Consumer Services pursuant to Section 597.004, F.S.

2. FFRM Evaluation Criteria. In addition to the evaluation criteria set forth in subparagraph (a)1., FFRM applications shall be evaluated based on the following criteria, as applicable to the request:

a. Completeness of project specifications and methodologies.

b. Monitoring strategies and design.

(c) Freshwater Fisheries Education/Exhibition (FFEE).

Allows for the collection, harvest, display, and exhibit of freshwater fish by businesses, academics, public aquaria, zoological parks, or public exhibitors for the purpose of increasing the public’s knowledge and awareness of freshwater fisheries and resources.

1.  Eligibility. An FFEE shall only be issued to the following:

a. An instructor employed by, or under the sponsorship of a university, college, secondary school, elementary school, or governmental entity or a private institution or organization that has an established aquatic or environmental

education curriculum.

b. A curator or director employed by or under sponsorship of a public or private aquaria or zoological park, museum, university, or business establishment that displays freshwater fish and aquatic organisms for viewing by the public and whose activities have a freshwater-related component.

c. The organizer of an outreach event whose activities include the display of freshwater fish and includes a presentation or educational materials.

2. FFEE Evaluation Criteria. In addition to the evaluation criteria set forth in subparagraph (a)1., FFEE applications shall be evaluated based on the following criteria, as applicable to the request:

a. Species requested for exhibit or display.

b. The physical environment in which the species will be maintained and any potential maintenance or husbandry concerns or potential for escape.

c. The potential for disease or human health concerns.

(d) Freshwater Fisheries Management (FFM).

Allows for management activities on private natural waters or man-made ponds, waters not readily accessible to the general public or on public waters where the management activity provides a benefit to the resource and the state.

1. Eligibility. An FFM shall be issued only to the following:

a. A member of the scientific or technical staff of a municipality, city, county, state, or federal agency.

b. A member of a recognized environmental services or consulting firm or pond management company.

c. Persons licensed in accordance with Section 379.363, F.S., for the collection of largemouth bass for broodstock. Such persons must follow genetic authentication standards as referenced in rule 68A-23.009(2)(d), F.A.C.

d. An individual/s performing fisheries management activities that provide a benefit to the resource and the state.

e. Entities or individuals owning ponds/waters not covered by Section 68A-23.002(11), F.A.C.

2. FFM Evaluation Criteria. In addition to the evaluation criteria set forth in subparagraph (a)1., FFM applications shall be evaluated based on the following criteria, as applicable to the request:

a. Whether the proposed management activity provides a benefit to the public, the resource, and the state.

b. Whether the proposed management activity could potentially have adverse effects on connecting waters of the state.

(e) FSAP Application Requirements.

A FSAP application which covers FFRM, FFEE, or FFM activities must be completed by submitting to the Commission the Freshwater Fisheries Special Activity Permit Application, form FWC DFFM 01, (03/24), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16435, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

(f) FSAP Application Review Process.

1. FSAP applications will be reviewed and approved by the Director of the Commission’s Division of Freshwater Fisheries Management, or their designee.

2. Applications may also be reviewed by individuals outside the Division of Freshwater Fisheries Management that possess the biological, technical, regulatory, or enforcement expertise necessary to appropriately evaluate a requested activity.

3. The Director of the Commission’s Division of Freshwater Fisheries Management, or their designee, may request an FFRM applicant to provide additional information in the form of a scientific research or study proposal.

(g) FSAP Reporting Requirements.

Permittees must submit an activity report within 30 days after the permit expiration date or upon renewing the permit. The activity report must detail all permit related activities including the common and scientific name of the species collected, number collected by species (including sizes, if available), location of collection or Global Positioning Systems (GPS) coordinates, county, gear used for collection, and the disposition and/or possession of any collected species and any other reporting requirements specified within the permit conditions.

(f) FSAP Permit Period. All FSAPs shall expire on December 31 of the year the permit was issued, unless otherwise specified within the permit conditions.

(h) FSAP Renewal.

1. To renew an FSAP, the permittee must submit a new permit application at least 30 days before permit expiration.

2. An FSAP shall not be renewed unless all conditions of the prior permit held by the applicant were met and reporting requirements for the prior permit have been submitted.

(3) Black Bass Tournament Exemption Permit (BBTP).

(a) Purpose. The BBTP allows fishing tournaments with six or more participants to temporarily possess black bass not meeting size restrictions, provided that all fish caught in the tournament are live-released following weigh-in, that black bass are handled in accordance with the Commission’s scientific guidelines (incorporated under subparagraph (3)(c)2.), and that the permit holder completes and submits all reporting requirements to the Commission after the tournament.

(b) Eligibility. A BBTP shall be issued only to the following:

1. A representative from an organized bass club or angling group that is hosting a fishing tournament with six or more tournament participants.

2. A representative from an organized bass club or angling group that agrees to adhere to all permit conditions and scientific guidelines incorporated under subparagraph (3)(c)2.

(c) Application.

1. An applicant for a BBTP must apply through the Commission's online permit system: https://public.myfwc.com/CrossDOI/PermitMe/Menu.aspx.

2. Application instructions and permit requirements, including the Commission’s scientific guidelines and instructions for completing post-tournament reporting, may be accessed at http://myfwc.com/license/freshwater/bass-tournament/, and are contained in a document titled “Black Bass Tournament Exemption (Permit) Stipulations,” Form #BBTE rev2019 (effective September 2019), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11215, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

3. An application for a BBTP must be submitted at least 1 day prior to the tournament.

(d) BBTP Application Evaluation Considerations. The following shall be considered when determining approval of a BBTP:

1. Whether the tournament may have biological impacts on the resource or fish population.

2. Whether the applicant has complied with tournament after-action reporting requirements for any BBTP previously issued to the applicant.

3. Whether the owner of the boat ramp or weigh-in location has approved of tournaments being conducted at their location.

4. If there are any risks to human health or safety.

(e) Reporting Requirements.

1. Within 30 days following a permitted tournament, the permittee must complete and submit a tournament after-action activity report to the Commission. Instructions for completing tournament after-action reports are incorporated under subparagraph (3)(c)2.

2. Failure to submit a completed tournament after-action report will result in denial of future permit exemptions.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. New _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ryan Hamm, Division of Freshwater Fisheries Management, Fish and Wildlife Conservation Commission, 7386 NW 71st Street, Gainesville, Florida 32653, 352-436-9129

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/5/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/13/23