The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) snook rules. The snook Chapter (68B-21) has been reformatted to simplify the rule language, ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-21.001Designation as a Protected Species

68B-21.0015Definitions

68B-21.002Designation of Snook as a Protected Species

68B-21.003Prohibition of Sale of Snook

68B-21.004Seasons

68B-21.005Size Limits

68B-21.006Bag and Possession Limits

68B-21.007Restrictions on Gear and Methods Used to Take Snook

PURPOSE AND EFFECT: The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) snook rules. The snook Chapter (68B-21) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.

The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.

SUMMARY: Chapter 68B-21 (Snook) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.

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 DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-21.001 Designation as a Protected Species.

(1) Designation as a Protected Species – The snook, species Centropomus undecimalis, is hereby declared and designated a protected species.

(2) The snook, species Centropomus undecimalis has been designated as a protected species to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered; and to encourage voluntary conservation practices, including catch-and-release practices for all snook caught unless they are needed for food.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

68B-21.0015 Definitions.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-9-87, Amended 1-1-98, Formerly 46-21.0015, Amended 1-1-02, 5-13-02, 7-1-06, 7-12-07, 9-3-09, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-21.002 follows. See Florida Administrative Code for present text.)

 

68B-21.002 Definitions Designation of Snook as a Protected Species.

As used in Chapter 68B-21, F.A.C.:

(1) “Atlantic Region” means all state and federal waters of the Atlantic Ocean north and east of the Dade-Monroe County line, and all inland waters of the counties encompassed by the St. Johns River Water Management District, and the South Florida Water Management District, except Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, and Monroe County, but including all waters of Lake Okeechobee and the Kissimmee River.

(2) “Gulf Region” means all state and federal waters of the Gulf of Mexico, the inland waters of Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, Monroe County and all counties encompassed by the Southwest Florida Water Management District, the Suwannee River Water Management District, and the Northwest Florida Water Management District, and all waters of Everglades National Park, but excluding all waters of Lake Okeechobee and the Kissimmee River.

(3) “Snook” means a fish of the genus Centropomus, or any part thereof.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.002, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-21.003 follows. See Florida Administrative Code for present text.)

 

68B-21.003 Regional Size Limits; Landed in Whole Condition Requirement Prohibition of Sale of Snook.

(1) Minimum and Maximum Size Limits – The following size limits apply within or without Florida Waters in the specified region.

(a) Atlantic Region – A person may not harvest from the Atlantic Region, possess in the region, or land in the region a snook that is less than 28 inches or greater than 32 inches in total length.

(b) Gulf Region – A person may not harvest from the Gulf Region, possess in the region, or land in the region a snook that is less than 28 inches or greater than 33 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting snook within or without Florida Waters shall land each snook in whole condition. A person may not possess within or without Florida Waters a snook that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a snook or removal of gills from a snook. This provision will not be construed to prohibit preparation of snook for immediate consumption on board the vessel from which the snook was caught.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.003, Amended 5-13-02, 7-12-07, 9-3-09, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-21.004 follows. See Florida Administrative Code for present text.)

 

68B-21.004 Regional Recreational Bag Limits; Bag Limit for Captain and Crew; Prohibited Commercial Harvest; Region for Landing and Possession Seasons.

(1) Regional Recreational Bag Limits –The following limits apply within or without Florida Waters in the specified region.

(a) Atlantic Region – A person may not harvest or land from the Atlantic Region more than one snook per day or possess in the Atlantic Region more than one snook.

(b) Gulf Region – A person may not harvest or land from the Gulf Region more than one snook per day or possess in the Gulf Region more than one snook.

(c) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a snook.

(2) Commercial Harvest Prohibited – Within or without Florida Waters, a person may not harvest, possess, or land a snook for commercial purposes.

(3) A person harvesting snook from the region defined in paragraph (1)(a) may not possess or land the snook in the region defined in paragraph (1)(b).

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, Formerly 46-21.004, Amended 1-1-02, 7-12-07, 9-3-09, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-21.005 follows. See Florida Administrative Code for present text.)

 

68B-21.005 Seasons Size Limits.

During the closed seasons for snook, a person may not harvest or land a snook from the specified region or possess a snook in the specified region, regardless of whether the snook was harvested within or without Florida Waters.

(1) Atlantic Region –

(a) Snook season in the Atlantic Region is closed beginning on June 1 and continuing through August 31 each year.

(b) Snook season in the Atlantic Region is closed beginning on December 15 each year and continuing through January 31 of the following year.

(2) Gulf Region –

(a) Snook season is closed in the Gulf Region beginning on May 1 and continuing through August 31 each year.

(b) Snook season is closed in the Gulf Region beginning on December 1 each year and continuing through the last day of February of the following year.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 12-31-98, Formerly 46-21.005, Amended 7-1-06, 7-19-06, 7-12-07, 9-3-09, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-21.006 follows. See Florida Administrative Code for present text.)

 

68B-21.006 Allowed and Prohibited Gear and Methods of Harvest; Prohibited Simultaneous Possession of Snook and Certain Types of Gear; Incidental Capture of Snook Bag and Possession Limits.

(1) Allowed Gear and Method of Harvest – Within or without Florida Waters, a person may harvest or attempt to harvest a snook only by or with the use of hook and line gear.

(2) Prohibited Gear and Method of Harvest – The following restrictions apply within or without Florida Waters.

(a) A person may not harvest or attempt to harvest a snook with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a gang hook or a multiple hook to harvest or attempt to harvest a snook.

(c) A person may not harvest or attempt to harvest a snook by spearing the snook or using any device designed or intended to impale or hook the snook by any part of its body other than its mouth. A person may not use a snatch hook to harvest or attempt to harvest a snook. A person may not use the method commonly referred to as snook snatching to harvest or attempt to harvest a snook.

(3) A person may not possess a snook while also in possession of, using, or transporting a net, seine, or other fishing gear that is not expressly permitted in subsection (1). This prohibition does not apply to a person aboard a vessel who is in possession of a cast net if the cast net is stored off of the deck of the vessel.

(4) If a person incidentally catches a snook using a trap, net, or seine, that person will not be in violation of this section if they immediately return the snook to the water alive and unharmed.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 3-1-94, 12-31-98, Formerly 46-21.006, Amended 1-1-02, 7-12-07, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-21.007 follows. See Florida Administrative Code for present text.)

 

68B-21.007 Purchase and Sale of Snook Prohibited; Prohibited Possession by Seafood Dealers and Restaurants Restrictions on Gear and methods Used to Take Snook.

(1) A person may not purchase or sell a snook, regardless of whether the snook was harvested within or without Florida Waters.

(2)(a) Except as provided in paragraph (2)(b), a seafood dealer may not possess or store a snook, or allow a person to possess, store, purchase, or sell a snook in, on, or about the premises or vehicles where the business of seafood dealer is carried on, which snook was harvested within or without Florida Waters.

(b) A person may keep a snook on the premises of a restaurant if:

1. It is for the sole purpose of preparing the snook for consumption by the recreational harvester who harvested the snook;

2. The snook was legally harvested by a recreational harvester; and

3. The snook is clearly labeled with a tag that has the recreational harvester’s name and address clearly written on it.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 1-1-98, Formerly 46-21.007, Amended 6-29-00, 7-12-07, Amended 9-1-13.

 

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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012