The purpose of the proposed rule amendment is to allow harvest of abundant smaller black bass, while at the same time protecting larger female bass and therefore continuing to manage Lake Jackson as a historic trophy largemouth bass fishery. ...

 

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 the proposed rule amendment is to allow harvest of abundant smaller black bass, while at the same time protecting larger female bass and therefore continuing to manage Lake Jackson as a historic trophy largemouth bass fishery. Harvesting of the abundant smaller bass will increase bass growth by reducing competition for forage, and also providing greater protection for the larger female bass that more frequently reach trophy size.

SUMMARY: Lake Jackson is a 4,000 acre lake located in northwest Leon County that has been historically known as a trophy bass lake. The proposed rule amendment will provide an opportunity for harvest of abundant smaller largemouth bass to facilitate increased bass growth rates while protecting female bass that typically grow to a larger size. A 2011 angler attitude survey of 419 Lake Jackson bass anglers indicated that ninety-six (96) percent preferred changing the regulation to some form of a maximum size limit ranging from 15-17 inches. The new regulation would consist of a five (5) fish daily bag limit for black bass only one of which may be over 16 inches in total length.

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 DATES, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATES AND TIME: During the Commission’s regular meeting September 4-6, 2013, 8:30 a.m. – 5:00 p.m. each day

PLACE: Crowne Plaza Pensacola Grand Hotel, 200 East Gregory Street, Pensacola, 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, 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 (6) No change.

(7)(a) through (d) No change.

(e) Lake Jackson proper, including Little Lake Jackson west of Highway 27, Megginis Arm of Lake Jackson north of Interstate 10, and Fords Arm of Lake Jackson west of Meridian Road: No person shall take, kill or possess in any day more than five (5) black bass only one of which may be greater than sixteen (16) inches in total length. No person shall kill or possess any black bass less than 18 inches in total length.

(8) through (10) 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,________.

 

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: June 11, 2013

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