The purpose of the proposed rule is to increase public awareness of the need for extensive conservation action in order to prevent premier recreational fish from declining and to encourage voluntary conservation practices. Additionally, these ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-2.010: Saltwater Game Fish and Sport Fish Designations
PURPOSE AND EFFECT: The purpose of the proposed rule is to increase public awareness of the need for extensive conservation action in order to prevent premier recreational fish from declining and to encourage voluntary conservation practices. Additionally, these designations are intended to increase Florida’s ability to market the unique and diverse recreational fishing opportunities that exist around the state. The effect of the proposed rule is to create two designations, game fish and sport fish, for species to be named in the future.
SUMMARY: The proposed rule will create game fish and sport fish designations. Both the game fish and sport fish designations would include a prohibition on commercial harvest, possession and sale. The sport fish designation would also prohibit recreational harvest and possession, making sport fish species catch and release only. The proposed rule only creates the designations; species will be listed as a game fish or as a sport fish in the future.
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 proposed rule creates designations but does not name species as either a game fish or a sport fish. Therefore there will be no regulatory costs.
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 on February 13-14, 2013, 8:30 a.m. to 5:00 p.m., each day.
PLACE: SeaWorld Park, 7007 SeaWorld Drive, Orlando, FL 32821
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-2 General

68B-2.010 Saltwater Game Fish and Sport Fish Designations

(1) Intent – The game fish and sport fish designations are intended to increase public awareness of the need for extensive conservation action in order to prevent premier recreational fish from declining and to encourage voluntary conservation practices.  Additionally, these designations are intended to increase Florida’s ability to market the unique and diverse recreational fishing opportunities that exist around the state.

(2) In order to elevate the status of premier recreational fish in Florida, the “game fish” designation includes the following provisions, unless otherwise authorized by the Commission:

(a) Commercial Harvest Prohibited – A person may not harvest, possess, or land a game fish for commercial purposes.

(b) Purchase and Sale Prohibited – A person may not purchase or sell a game fish.

(3) In order to elevate the status of premier recreational fish in Florida by making them catch and release only fisheries, the “sport fish” designation includes the following provisions, unless otherwise authorized by the Commission:

(a) A person may not harvest or unnecessarily destroy a sport fish.

(b) Commercial Harvest Prohibited – A person may not harvest, possess, or land a sport fish for commercial purposes.

(c) Purchase and Sale Prohibited – A person may not purchase or sell a sport fish.

 

PROPOSED EFFECTIVE DATE: April 1, 2013

 

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9. History–New, 4-1-13.

 

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: December 05, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012