The purpose of this amendment is to provide clarification and update the regulations regarding freshwater fishing tournaments. The effect of the proposed amendment will be to allow the Commission to better serve fishing clubs statewide and improve ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this amendment is to provide clarification and update the regulations regarding freshwater fishing tournaments. The effect of the proposed amendment will be to allow the Commission to better serve fishing clubs statewide and improve access to the online permitting system.

SUMMARY: This proposed rule amendment will change the minimum number of participants required to issue a permit for fishing tournaments from ten to six. The rule amendment will also clarify the permitting process by removing references to outdated paper forms and will direct applicants to the Commission’s online permitting system.

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 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: Jon Fury, 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-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 610 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., and that reports of fish taken in the tournament are made available to the Commission. 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-XXXXX, or from the Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600. Applications for permits shall be made on FWC Form BT-1000, effective July 1, 1992, incorporated herein by reference and obtainable at the Commission’s Tallahassee and regional offices.

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,          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Fury, 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: June 23, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 24, 2018