Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO.: RULE TITLE:
68A-20.005: Specific Fish Management Area Regulations
PURPOSE AND EFFECT: The Lake Griffin black crappie population has the potential to support greater harvest of larger black crappie. The proposed 10-inch minimum size regulation should allow greater utilization of the fish population by anglers and not harm the abundance or size/age structure of the black crappie population. Currently, black crappie rules in Lake Griffin Fish Management Area follow the state rules of no size limit.
The purpose of the proposed rule amendment for Tenoroc Fish Management Area is to amend language related to possession or use of guns on fish management areas (FMAs). The effect of the proposed rule amendments will be to enable the agency to better manage fish and wildlife resources and public use on FMAs.
SUMMARY: A 10-inch minimum size limit could increase the total yield, average size of harvested fish, and provide the opportunity to highlight an outstanding fishery on Lake Griffin potentially increasing fishing effort and boosting the local economy. Stakeholders have indicated their desire to catch larger fish and modeling indicates Lake Griffin has the ability to support a greater harvest rate of black crappie 10 inches and longer while protecting smaller fish.
The proposed rule change for Tenoroc Fish Management Area would amend language related to possession or use of guns on fish management areas (FMAs) to ensure better fish and wildlife management.
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.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting February 8-9, 2012, 8:30 a.m. – 5:00 p.m.
PLACE: Florida Public Safety Institute, 215 Academy 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 (850)488-6411. 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, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-20.005 Specific Fish Management Area Regulations

(1) through (2) No change.

(3) Northeast Region:

(a) through (b) No change.

(c) Lake Griffin, Lake County:, including all Emeralda Marsh water bodies open to Lake Griffin, and including all points lakeward of a boundary line delineated by: County Road 44 and Burrell Lock and Dam on Haynes Creek (formerly Haines Creek); County Road 464c at Moss Bluff Lock and Dam.

1. through 2. No change.

3. No person shall kill or possess any black crappie less than 10 inches in total length.

(d) through (w) No change.

(4) Southwest Region:

(a) through (h) No change.

(i) Tenoroc Fish Management Area:

1. General regulations for all Tenoroc lakes, except Lake Crago:

a. through g. No change.

h. Taking of fish with a firearm is prohibited. No person shall discharge any gun for testing or target practice, except on a Commission shooting range or at a Commission sponsored event.

i. No person shall have any gun under his or her control while under the influence of alcohol or drugs.

j. through p. renumbered i. through o. No change.

2. through 4. No change.

(k) through (v) renumbered (j) through (u) No change.

(5) No change.

PROPOSED EFFECTIVE DATE: AS SOON AS POSSIBLE AFTER COMMISSION ACTION

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 2-19-80, 5-19-80, 6-4-81, 9-28-81, 6-21-82, 7-1-83, 11-17-83, 7-1-84, 7-1-85, Formerly 39-20.05, Amended 2-27-86, 6-1-86, 5-10-87, 4-13-88, 7-1-89, 7-1-90, 4-11-91, 7-1-91, 7-2-92, 8-23-92, 4-20-93, 7-1-94, 8-15-95, 10-23-95, 4-1-96, 2-16-97, 6-1-97, 6-29-97, 1-1-98, 7-1-98, 11-2-98, Formerly 39-20.005, Amended 4-30-00, 7-1-00, 10-10-00, 4-1-01, 7-1-01, 10-9-01, 7-1-02, 1-1-03, 7-1-03, 1-1-04, 7-1-04, 7-17-05, 7-1-06, 4-1-07, 7-1-08, 7-1-10, 2-8-11,_________.

 

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.W.


NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Champeau, Director, Division of 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: November 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011