Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO.: RULE TITLE:
68A-5.006: Designation of Free-Freshwater Fishing Weekend; License Requirements and Regulation Compliance
PURPOSE AND EFFECT: The purpose and effect of this rule amendment would be to provide a greater opportunity for individuals and families to enjoy a free Saturday fishing, without the requirement of a license, in Florida’s fresh waters. This also enables partners to put on outreach events that adults can participate in without the need to purchase a license. The net effect that we hope to achieve is enhanced recruitment, retention and engagement of anglers that ultimately will lead to a greater commitment to conservation stewardship, more time spent fishing, and a positive local economic impact.
SUMMARY: Rather than the currently established first full-weekend in April being a free freshwater fishing weekend, two separate Saturdays (the first Saturday in April and second Saturday in June) will be set as free freshwater fishing days.
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, Fla. Const., 379.354(15) FS.
LAW IMPLEMENTED: Art. IV. Sec. 9. Fla. Const., 379.354(15) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: During the regular meeting of the Commission, April 25 and 26, 2012, 8:30 a.m.
PLACE: Plantation Golf Resort and Spa, 9301 West Fort Island Trail, Crystal River, FL 34429
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tom Champeau, Director-Division of Freshwater Fisheries Management, 620 S. Meridian Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-5.006 Designation of Free-Freshwater Fishing Days Weekend; License Requirements and Regulation Compliance.

Notwithstanding the provisions of Section 379.354, F.S., any person may take or attempt to take freshwater fish for noncommercial purposes during “Free-Freshwater Fishing Days Weekend” without obtaining or possessing a license as otherwise required by that section. “Free-Freshwater Fishing Day-Spring Weekend” is hereby designated as that period, commencing at 12:01 a.m. and ending at 11:59 p.m. on the first Saturday in April, and ending at 11:59 p.m. on the first Sunday in April, and “Free-Freshwater Fishing Day-Summer” is hereby designated as that period, commencing at 12:01 a.m. and ending at 11:59 p.m. on the second Saturday in June, or such other weekend period as may be specified by order of the Commission. Any person taking or attempting to take freshwater fish during said periods shall comply with all other laws or regulations governing the holders of freshwater fishing licenses, and all other conditions and limitations regulating the taking of freshwater fish as are imposed by law or rule.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const., 379.1025, 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 6-20-90, Amended 2-25-99, Formerly 39-5.006, Amended _________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Champeau, Director-Division of Freshwater Fisheries Management, 620 S. Meridian Street, Tallahassee, Florida 32399
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2012