The purpose of this rule amendment is to modify rule language to allow for possession of a potential state record largemouth bass or a TrophyCatch qualifying largemouth bass that may exceed the length or bag limit until ....

 

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 modify rule language to allow for possession of a potential state record largemouth bass or a TrophyCatch qualifying largemouth bass that may exceed the length or bag limit until the fish has been documented or certified.

SUMMARY: Staff are seeking to update rule language to allow possession of largemouth bass over applicable legal bag or length limits to facilitate submission to TrophyCatch or certification as a state record. Current statewide regulations for largemouth bass is a 5 fish bag limit and 1 may be over 16 inches. A relatively small number of waterbodies across the state (17 waterbodies) have regulations for largemouth bass, such as catch and release or a strict maximum length limit, which would prohibit the possession of large, largemouth bass. In order for an angler to certify a state record largemouth bass or submit a largemouth bass to the TrophyCatch Program, an angler may need to possess the fish to go through the respective processes. These rule changes will provide a clear pathway for anglers to submit a TrophyCatch largemouth bass or certification of a state record largemouth bass where regulations may prevent possession.

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

(1) through (8) No change

(9) An aAnglers 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, 8 pounds or greater,(13 pounds or greater) over the legal length limit and bag limit in order to obtain photographic or video documentation of the fishuntil the fish is certified by FWC staff or authorized representative. All largemouth bass retained for this purpose must be released alive into the waterbody in which it was caught immediately after documentation.

(10) An angler may possess one largemouth bass 16.5 pounds or greater, per day over the legal length or bag limit when submitting for the certification of a potential state record provided they contact the Commission at this link (https://myfwc.wufoo.com/forms/potential-state-record-largemouth-bass/). Largemouth Bass maintained in live condition may only be possessed on the waterbody or adjacent shore from which the fish was caught and may only be released alive in the same waterbody, unless otherwise directed by Commission staff.

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, 3-23-20, 6-7-22, 1-24-23,______.

 

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: May 01, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/28/2023