The purpose of this rule amendment is to implement a nine inch minimum size limit for all American eels harvested in Florida and create a recreational bag limit of 25 American eels. This amendment will bring Florida into compliance with the Atlantic ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NOS.:RULE TITLES:

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

68A-23.015Regulations Governing the Taking and Possession of Freshwater Mussels

PURPOSE AND EFFECT: The purpose of this rule amendment is to implement a nine inch minimum size limit for all American eels harvested in Florida and create a recreational bag limit of 25 American eels. This amendment will bring Florida into compliance with the Atlantic State Marine Fisheries Commission management plan. Additionally, the rule language regarding the permit application and permit is clarified and outdated language is removed. The effect of this amendment will be to further conserve the American eel, ensure ecological stability, and provide a sustainable fishery.

SUMMARY: Chapter 68A-23 would be amended to include the Atlantic State Marine Fisheries Commission’s recommendations that were approved in the American Eel interstate Fisheries Management Plan. The amendment established a minimum size limit of nine inches for commercial and recreational harvest of the American eel and a recreational harvest limit of 25 American eels per angler per day. An exemption is allowed for anglers purchasing American eels as bait. The amendment would also technical changes to update the permit application and permit for the commercial harvest of American eels.

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 20-21, 2014, 8:30 a.m. ‒ 5:00 p.m., each day during the Commission’s regular meeting

PLACE: Hilton Key Largo Resort, 97000 Overseas Highway, Key Largo, FL 33037

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) through (d) No change.

(e) American Eels must be nine inches or greater in total length for recreational and commercial harvest.  The recreational bag limit for American Eels is twenty five (25) per angler per day.

1. Wholesale/Retail purchase exemption. Recreational anglers purchasing American eel as bait may possess more than the legal bag limit provided that the eels were purchased from a licensed dealer. The burden shall be upon the person claiming the benefit of this exemption to show, by receipts, bills of sale, or other appropriate documentation, that such fish were purchased from a licensed wholesale or retail dealer.

(7) 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, 5-22-13, 9-9-13,___________

 

68A-23.015 Regulations Governing the Taking and Possession of Alligator Gar, Eels and Freshwater Mussels.

(1) No change.

(2) Persons licensed in accordance with Section 379.363(1), F.S., may take eels as specified in Rule 68A-23.002, 68A-23.003, or 68A-23.004, or 68A-23.005 F.A.C., only under permit from the Commission. Permits shall be subject to such terms, conditions and restrictions as prescribed therein and shall be issued, denied, renewed or revoked as provided in Rule 68-1.010, F.A.C. The Commission shall impose upon the permit any reasonable conditions necessary to assure protection of the fishery and other natural resources.  Permits shall be issued, denied, renewed or revoked as provided in Rule 68-1.010, F.A.C. Eel harvest permits shall be issued to applicants who have submitted a completed eel harvest permit application. AMERICAN EEL (Anguilla rostrata) COMMERCIAL HARVEST PERMIT APPLICATION EHPA-1 (7-06) DFFM_Permit_AE-01 (09/2014) (found online at: flrules.org,) is incorporated herein by reference. and obtainable at the Commission’s Tallahassee and Regional Offices.

(3) through (6) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-96, Formerly 39-23.015, Amended 3-9-06, 3-24-13,____________.

 

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: September 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2014 and September 3, 2014