The proposal to delete 68A-23.0059(f) is to remove the Fish and Wildlife Conservation Commission regulations for Edward Medard Reservoir, Hillsborough County that is being established as a Fish Management Area (FMA) with new set of rules. The ...

 

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 proposal to delete paragraph 68A-23.005(8)(f), F.A.C.,  is to remove the Fish and Wildlife Conservation Commission regulations for Edward Medard Reservoir, Hillsborough County that is being established as a Fish Management Area (FMA) with new set of rules. The deletion of existing rules will prevent angler confusion and enhance enforcement of new Fish Management Area rules.
The proposed rule language in subparagraph 68A-23.005(8)(i)1., F.A.C., will incorporate two canals and one creek into the Florida Fish and Wildlife Conservation Commission’s boundary for Lake Okeechobee. The boundary of Lake Okeechobee will be redefined to include all of L-50 canal in Glades County, all of Sportsman’s Canal (LD-3) in Glades County, and Creek to U.S. 27 and Fisheating Creek to U.S. Hwy 27.
The new boundary will ensure that anglers fishing in the two canals and one creek or traversing Lake Okeechobee from the two canals and one creek will be subject to same set of rules currently in place for Lake Okeechobee. The proposed rule will eliminate angler confusion on Lake Okeechobee boundaries and reduce difficulties in effectively enforcing rules for freshwater fish.
The proposed rule language in subsection 68A-23.005(10), F.A.C., will allow anglers participating in the TrophyCatch Program to temporarily possess in live condition, one Hall of Fame candidate bass (13 pounds or greater) over the legal length limit and bag limit until the fish is certified by FWC staff or authorized representative. The proposed rule will increase recycling of large bass and enable the FWC to document catch of trophy bass, which are the primary goals of the TrophyCatch Program.
SUMMARY: Removing existing rule language for Edward Medard Park Reservoir will prevent angler confusion and enhance law enforcement of new proposed rules for the newly established Edward Medard Park Reservoir Fish Management Area. The proposed rule language for the new FMA were developed through cooperative efforts with local stakeholders and partners to provide effective fishery protection.
The current boundary of Lake Okeechobee does not include two canals and one creek, which leads to angler confusion and difficulties for effectively enforcing current freshwater fish harvest rules. The proposed rule will eliminate angler confusion relative to Lake Okeechobee boundaries and enhance the enforcement of current freshwater rules.
The proposed rule will increase documentation and encourage recycling of largemouth bass by allowing anglers to temporarily possess one, 13 pounds and greater bass in live condition that is over the legal length limit and bag limit until the fish is certified by FWC staff.
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 April 17-18, 2013, 8:30 a.m. - 5:00 p.m. each day
PLACE: Florida Public Safety Institute, Pat Thomas Law Enforcement Academy, 85 Academy Drive, Havana, 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: 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-23.005 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 (e) No change.       

(f) Edward Medard Reservoir, Hillsborough County: No person shall kill or possess any black bass that is         15 inches or more in total length and less than 24 inches in total length. No person shall take in any one day more than 3 black bass.

(g) through (h) renumbered (f) through (g) No change.

(h)(i) Lake Okeechobee:

1. 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. 78St. Rd. 78 to U.S. 441 Including: Harney Pond Canal (C-41) north of St. Rd. 78 to South Florida Water Management 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-72All of Taylor Creek and Nubbin Slough in Okeechobee CountyC-38/Kissimmee River south of SFWMD structure S-65E to St. Rd. 78, All of L-50 Canal in Glades County, Fisheating Creek to U. S. 27, All of Sportsman’s Canal (LD-3 in Glades County.

2. through 3. No change.

(9) No change.

(10) Anglers participating in the TrophyCatch Program in compliance with TrophyCatch Program rules and fish handling guidelines may temporarily possess in live condition one Hall of Fame candidate largemouth bass (13 pounds or greater) over the legal length limit and bag limit until the fish is certified by FWC staff or authorized representative.

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,             .

 

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: February 13, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2013