The purpose of the proposed rule amendment is to simplify rules related to freshwater fishing opportunities on both Tenoroc Fish Management Area (FMA) and Mosaic FMA. The effect will be to expand fishing opportunities at Tenoroc FMA by opening new ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-20.005Specific Fish Management Area Regulations

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to simplify rules related to freshwater fishing opportunities on both Tenoroc Fish Management Area (FMA) and Mosaic FMA. The effect will be to expand fishing opportunities at Tenoroc FMA by opening new areas to fishing at Tenoroc and reducing special regulations at both FMAs.

SUMMARY: The current regulation on the Tenoroc lakes requires staff to monitor daily catch rates and adjust lake quotas if the number of largemouth bass caught per hour of fishing drops below 0.30 fish per hour. The quality of the fishery provided at the Tenoroc lakes has never necessitated that this rule be implemented. Should there be a need to adjust management strategies at any of the Tenoroc lakes, Rule 68A-20.005(4)(i)(1)(c), Florida Administrative Code (F.A.C.) provides staff with the ability to limit fishing access or harvest as appropriate. The proposed amendment removes this requirement and reduces regulations at Tenoroc FMA’s Long Lake to allow for the harvest of black bass and other game species consistent with the Black Bass Management Plan and statewide regulations.

In a continued effort to reduce the number of special regulations, the proposed amendment would increase the maximum total length for largemouth bass allowed to be harvested at both Mosaic and Tenoroc FMAs and provide access to an area that was previously closed.

These changes are aimed at increasing angler satisfaction while still managing the lakes in such a way as to provide a quality fishing experience.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATES AND TIMES: June 19 – 20, 2018, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Location to be determined. Sarasota, FL

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-20.005 Specific Fish Management Area Regulations.

(1) through (3) No change.             

(4) Southwest Region:

(a) through (h) No change.

(i) Tenoroc Fish Management Area:

1. General regulations for all Tenoroc lakes, except Lake Crago:

a. All visitors, except alligator hunt participants when taking alligators, shall check in and out at designated entry points. All designated entry points will be posted at the Tenoroc Fish Management Area headquarters.

b. Fishing, hunting, or trapping is allowed only by permit issued by the Commission. All anglers and hunters, except alligator hunt participants when taking alligators, shall check in and out at the headquarters and deposit their valid fishing or hunting license with the custodian unless otherwise instructed. Notwithstanding any provisions of this subparagraph, on water bodies where special-opportunity alligator hunts are permitted, participants may use guns and baits as specified in Rule 68A-25.042, F.A.C., when taking alligators.

c. Days and hours of operation and quotas shall be as designated by the Commission and posted at the area headquarters. Quotas for each lake shall be specified predicated upon an objective of achieving a catch rate (measured as number of bass caught per hour of fishing) of 0.30 largemouth bass per hour for each lake. If angler success for largemouth bass in any lake remains below 0.30 largemouth bass per hour for three consecutive months, quotas may be adjusted until success reaches or exceeds 0.30 largemouth bass per hour. Fishing is permitted in designated lakes only. All other lakes and restricted areas so posted are closed to public fishing. Any lake may be temporarily closed to public access for management purposes or in the event that access to the lake exposes the public to danger by posting notice in the headquarters. Quotas for open lakes may be temporarily increased by up to 50 percent of the specified quota in the event other lakes are closed due to fish management efforts, special recreational events, construction projects, road repairs or unsafe access conditions. Normal lake quotas will be reinstated upon completion of management efforts, special events, construction projects, road repairs, or improvement of unsafe access conditions.

d. Unless otherwise specified for a Tenoroc lake by this rule section, Nno person shall take in any one day more than six sunshine bass.

e. Unless otherwise specified for a Tenoroc lake by this rule section, Nno person shall take in any one day more than 10 black crappie and. Nno person shall kill or possess any crappie that is less than 10 inches in total length.

f. Fish may not be filleted, nor their head or tail fin removed, until the angler has checked out at the headquarters.

g. Unless otherwise specified for a Tenoroc lake by this rule section, nNo person shall kill or possess any black bass unless otherwise specified for a Tenoroc lake by this rule section.

h. through o. No change.

2. Specific regulations:

a. Lakes B and 5.

(I) No person shall operate any boat at more than idle speed-no wake. Idle speed-no wake is the minimum speed necessary to maintain steerage.

(II) No person shall kill or possess any black bass that is 165 inches or more in total length.

(III) No person shall kill or possess more than two black bass.

b. Picnic Lake.

(I) No person shall kill or possess more than two black bass.

(II) No person shall kill or possess any black bass that is 165 inches or more in total length.

c. through d. No change.

4. Notwithstanding any provisions of this subparagraph, special-opportunity alligator hunt participants may use guns and baits as specified in Rule 68A-25.042, F.A.C., when taking alligators.

e. No change.

f. Long Lake.

(I) No person shall kill or possess more than five (5) black bass, of which only one may be 16 inches or longer in total length.

(II) No person shall take in any one day more than twenty-five (25) crappie, regardless of size.

(III) No person shall kill or possess more than twenty (20) sunshine bass, of which only six may be 24 inches or longer in total length.

(IV) No daily bag or size limit for channel catfish.

(j) through (s) No change.

(t) Mosaic Fish Management Area, Polk and Hardee counties:

1. No change.

2. Specific regulations:

a. Haul Road Pit.

(I) No person shall kill or possess any black bass that is 165 inches or more in total length.

(II) No person shall kill or possess more than two black bass.

b. Long Pond (LP2 West) – No boats permitted.

(u) through (w) No change.

(5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 2-19-80, 5-19-80, 6-4-81, 9-28-81, 6-21-82, 7-1-83, 11-17-83, 7-1-84, 7-1-85, Formerly 39-20.05, Amended 2-27-86, 6-1-86, 5-10-87, 4-13-88, 7-1-89, 7-1-90, 4-11-91, 7-1-91, 7-2-92, 8-23-92, 4-20-93, 7-1-94, 8-15-95, 10-23-95, 4-1-96, 2-16-97, 6-1-97, 6-29-97, 1-1-98, 7-1-98, 11-2-98, Formerly 39-20.005, Amended 4-30-00, 7-1-00, 10-10-00, 4-1-01, 7-1-01, 10-9-01, 7-1-02, 1-1-03, 7-1-03, 1-1-04, 7-1-04, 7-17-05, 7-1-06, 4-1-07, 7-1-08, 7-1-10, 2-8-11, 3-25-12, 7-1-12, 4-9-13, 5-22-13, 7-1-16,             .

 

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, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 25, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 22, 2018