The purpose of this rule amendment is to simplify black bass regulations statewide by reducing the number of water bodies with special regulations. Additionally, this amendment clarifies regulations on water bodies that are shared with Georgia and ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NOS.:RULE TITLES:

68A-23.005Bag Limits, Length Limits, Open Season: Freshwater Fish

68A-23.0131Special Regulations for Lake Seminole and the St. Mary's River

PURPOSE AND EFFECT: The purpose of this rule amendment is to simplify black bass regulations statewide by reducing the number of water bodies with special regulations. Additionally, this amendment clarifies regulations on water bodies that are shared with Georgia and Alabama. The effect of this amendment will be to reduce the number of water bodies with special regulations regarding the harvest of black bass while still continuing to provide a sustainable fishery.

SUMMARY: Chapter 68A-23, F.A.C. would be amended to include the recommendations that were made in the Black Bass Management Plan and presented to the Commission in June 2015. The amendment proposes to eliminate the three statewide management zones, reduce the number of specialized regulations from 58 to 16, and shift harvest from quality-size bass to more abundant smaller sizes to improve bass populations and enhancing angler satisfaction. The amendment would also establish a conservation zone for Shoal Bass in a section of the Chipola River and clarify regulations on border waters shared with Alabama and Georgia: the Perdido River, Lake Jackson – Walton County, Lake Seminole, and St. Mary’s River.

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

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 10-11, 2016, 8:30 a.m. ‒ 5:00 p.m., each day

PLACE: Florida Public Safety Institute Conference Center External Website; 75 College Drive; Havana, FL 32333

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: Mr. Tom Champeau, Director, Division of Freshwater Fisheries Management, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-23.005 Bag Limits, Length Limits, Open Season: Freshwater Fish.

(1) through (5) No change.

(6) State-wide bag limits: Except as otherwise provided in these rules, no person shall take in any one day more than the following:

(a) Five (5) black bass, of which only one may be 16 22 inches or longer in total length.

(b) through (d) No change.

(7) In that portion of the state north and west of the Suwannee River (including in the Suwannee River and in any tributary river, creek or stream of the Suwannee River), bag or length limits are as follows:

(a) Black bass – no person shall kill or possess any Suwannee Bass, Shoal Bass, Spotted Bass, or Choctaw Bass black bass that is less than 12 inches in total length.

(b) through (c) No change.

(d) Lake Talquin (including that portion of the Ochlockonee River lying between Lake Talquin and the railroad trestle that is located immediately below U.S. Highway 90, that portion of the Little River lying between Lake Talquin and County Road 268, that portion of the Rocky Comfort Creek lying between Lake Talquin and County Road 65-B, and that portion of Bear Creek lying between Lake Talquin and Bear Creek Road, those portions of Ocklawaha and Hammock creeks lying between Lake Talquin and State Road 267, those portions of Blount's, Freeman [Stoutamire], and Harvey and Polk creeks lying between Lake Talquin and State Road 20): No person shall kill or possess any crappie less than 10 inches in total length.

1. Black bass – No person shall kill or possess any black bass less than 18 inches in total length.

2. Crappie – No person shall kill or possess any crappie less than 10 inches in total length.

(e) Chipola River: No person shall kill or possess any Shoal Bass in the section between Peacock Bridge  (Peacock Bridge Road; County Road 278, Jackson County) and Johnny Boy Landing (Johnny Boy Landing Road, Calhoun County). Anglers in the process of certifying a possible state record Shoal Bass (within 0.25 ounces of the existing state record Shoal Bass) may termporarily possess in live condition one cadidate Shoal Bass in this section of the river until the fish is certified by FWC staff or an authorized representative.

(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.

(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) Black bass – no person shall kill or possess any black bass that is less than 14 inches in total length.

(a)(b) Striped bass and sunshine bass – the daily aggregate bag limit of striped bass and sunshine bass shall be 20, no more than 6 of which may be more than 24 inches total length.

(b)(c) Fishing is prohibited in Silver Glen Springs in Lake and Marion counties and in Salt Springs in Marion County and within 50 yards of the springs. Fishing is prohibited from the headwaters of Rainbow Springs to a point one mile downstream on Rainbow River within Marion County.

(d) Lake Kerr, including Little Lake Kerr: 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 of which only one may be 24 inches or longer in total length.

(c)(e) No person shall kill or possess any black bass in the following areas:

1. In Wildcat Lake within the boundaries of the Ocala National Forest.

2. In the St. Johns River Water Management Area, in Indian River and Brevard counties (commonly known as Farm-13 and including the Stickmarsh).

3. In the St. Johns River Water Management-owned area formerly known as the S.N. Knight Farm in Indian River County (commonly known as Kenansville Reservoir).

(f) In waters adjoining Saddle Creek Fish Management Area, Polk County, confined by Morgan Combee Road, U.S. Highway 92 and Fish Hatchery Road, 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) Lake Weohyakapka (Walk-in-Water), Polk County, including all contiguous residential waterways, Weohyakapka (Walk-in-Water) Creek north to the point located 100 yards south of State Road 60, and Tiger Creek west to the point 100 yards west of Walk-in-the-Water Rd.: 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 of which only one may be 24 inches or longer.

(d)(h) Lake Okeechobee: - 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. 78 St. Rd. 78 to U.S. 441 Including: Harney Pond Canal (C-41) north of St. Rd. 78 to South Florida Water Mgmnt. 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-72 All of Taylor Creek and Nubbin Slough in Okeechobee County C-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.)  No person shall kill or possess any crappie less than ten inches (10”) in total length.

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. 78 St. Rd. 78 to U.S. 441 Including: Harney Pond Canal (C-41) north of St. Rd. 78 to South Florida Water Mgmnt. 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-72 All of Taylor Creek and Nubbin Slough in Okeechobee County C-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. Black bass – No person shall kill or possess any black bass less than eighteen inches (18”) in total length.

3.  Crappie – No person shall kill or possess any crappie less than ten inches (10”) in total length.

(9) In the counties of Martin (except: north of a line from the St. Lucie Inlet along the south shore of the St. Lucie River to the St. Lucie Canal, north of the St. Lucie Canal, and west of U.S. Highway 441), Palm Beach (east of U.S. Highway 441 and south of State Road 80), Hendry (south of State Road 80), Broward, Collier, Dade, Lee (south of State Road 80), and Monroe:

(a) No person shall take in any one day more than one (1) black bass fourteen inches or greater in total length, except for Lake Trafford, Collier County.

(b) Lake Trafford, Collier County – No person shall kill or possess any black bass that is less than eighteen inches (18") in total length. No person shall take in any one day more than 5 black bass of which only one may be twenty-two inches (22") or longer in total length.

(9)(10) Anglers participating in the TrophyCatch Program in compliance with in 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, 5-22-13, 9-9-13; ____________.

 

68A-23.0131 Special Regulations for Waters Bordering Georgia and Alabama: Lake Seminole, and the St. Mary’s River, Lake Jackson (Walton County) and Perdido River.

(1) Any person having in his possession a valid and appropriate sport fishing license issued by the State of Georgia or the State of Florida, or persons exempt from such licensure, may take fish by hook and line or rod and reel in the following described waters:

(a) In the waters of and on the banks of the waters of Lake Seminole – Bounded on the west by Florida State Road No. 271, on the south by the Jim Woodruff Dam, on the east by a line immediately east of the Chattahoochee Marina, also known as the Booster Club, running northwest across the lake to the tip of land at the junction of the Flint and Chattahoochee Rivers, west of Spring Creek; and on the north by the Herman Talmadge Bridge across the Chattahoochee River.

(b) In the waters of and on the banks of the waters of the St. Mary’s River – Not including its tributaries.

(2) Persons under 16 years of age may fish without a license in all of the waters hereinabove described. Any person aged 65 years or older who is a resident of Georgia and who is exempt from fishing license requirements by the State of Georgia, and any Florida resident who is age 65 or older and who has obtained a free permanent fishing license as provided in Section 379.352, F.S., may fish in all of the waters hereinabove described.

(2)(3) In the above described waters of Lake Seminole and the St. Mary’s River, no person shall take, catch or have in possession more than the daily bag limit for any species of game fish, or take, catch or have in possession more than 50 in the aggregate of all species of game fish.

(a) The daily bag limit on the above-described waters for Lake Seminole is as follows:

1. Black bass – 10 (all of which must be 12 inches or greater in total length).

2. Striped bass, striped bass-white bass hybrid and white bass in the aggregate – 15 (only 2 of which may be 22 inches or greater in total length).

3. Bream – Bluegill, redbreast, rock bass and all other species of bream – 50.

4. Crappie – 30.

5. Pickerel – Chain, grass and redfin – 15.

(b) The daily bag limit for the St. Mary’s River and its tributaries is as follows:

1. Black bass – 10 (all of which must be 12 inches or greater in total length).

2. Striped bass, white bass, or striped bass-white bass hybrids – 2 (all of which must be 22 inches or greater in length).

3. Bream – bluegill, redbreast, rock bass and all other species of bream – 50.

4. Crappie – 30.

5. Pickerel – Chain, grass and redfin – 15.

(3) Any person having in his possession a valid and appropriate sport fishing license issued by the State of Alabama or the State of Florida, or persons exempt from such licensure, may take fish by hook and line or rod and reel in the following described waters:

(a) In the waters of and on the banks of the waters of the Perdido River (Not including its Florida tributaries).

(b) In the waters of and the banks of Lake Jackson (Walton County)

(4) In the waters of the Perdido River and Lake Jackson (Walton County), no person shall take, catch or have in possession more than the daily bag limit for any species of game fish, or take, catch or have in possession more than 50 in the aggregate of all species of game fish.

(a) The daily bag limit for the main stem of the Perdido River is as follows:

1. Black bass – 10. No more than 5 of the daily bag limit may be smallmouth bass.

2. Striped bass, striped bass-white bass hybrid and white bass in the aggregate – 15 (only 5 of which may be 22 inches or greater in total length).

3. Bream – Bluegill, redbreast, rock bass and all other species of bream – 50.

4. Crappie – 30 (all of which must be 9 inches or greater).

(b) The daily bag limit on the waters of Lake Jackson (Walton County) is as follows:

1. Black bass – 5 (all of which must be 12 inches or greater in total length with only one allowed over 22 inches in total length).

2. Striped bass, striped bass-white bass hybrid and white bass in the aggregate – 15 (only 5 of which may be 22 inches or greater in total length).

3. Bream – Bluegill, redbreast, rock bass and all other species of bream – 50.

4. Crappie – 30.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354, 379.2281, 379.2282 FS. History– New 6-21-82, Formerly 39-23.131, Amended 6-2-86, 8-9-90, 6-11-92, Formerly 39-23.0131, Amended 7-1-06; ______________.

 

PROPOSED EFFECTIVE DATE: July 1, 2016

 

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: Mr. Tom Champeau, Director, Division of Freshwater Fisheries Management, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2016