The purpose of these rule amendments is to modify the Commission’s Sharks and Rays Rule to further protect lemon sharks, Negaprion brevirostris, in state waters of Florida. The Commission is considering changes to state regulations that would ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-44.002: Definitions
68B-44.008: Prohibited Species; Prohibition of Harvest, Landing, and Sale
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s Sharks and Rays Rule to further protect lemon sharks, Negaprion brevirostris, in state waters of Florida. The Commission is considering changes to state regulations that would prohibit the recreational and commercial harvest of lemon sharks in all state waters of Florida. This is necessary because this species is the most vulnerable of all 33 large coastal shark species of the Atlantic Ocean. In Florida waters lemon sharks are often found near shore in shallow water. They aggregate in large groups off Florida’s southeast coast and these aggregation seasons and sites are predictable. This behavior makes them easy to locate year after year. Although adult lemon sharks found in Florida travel to the Carolinas, Marquesas, and Bahamas, these sharks return to aggregate off Florida’s coast annually. Because of these behaviors, large numbers of individuals could be removed from the population with minimal effort by harvesters. Lemon sharks are also susceptible to overharvest because of their life history characteristics. Lemon sharks are a slow-growing species that reaches sexual maturity at 12-15 years of age and at lengths of around 90 inches or greater. This species has low reproductive potential, producing only 6 to 18 pups per litter, every second or third year. Additionally, lemon sharks experience annual mortality of 40-60 percent while juvenile.
The effect of these rule amendments is that the lemon shark population will be protected in Florida waters, where this species is the most vulnerable to the fishery.
SUMMARY: Rule 68B-44.002, F.A.C. (Definitions) would be amended by removing lemon shark from the list of large coastal species that can be harvested under the definition of sharks. Rule 68B-44.008, F.A.C. (Prohibited Species; Prohibition of Harvest, Landing, and Sale) would be amended to include lemon shark on the list of prohibited sharks and rays.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have a substantial impact on small business. A SERC has not been prepared by the agency.
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.
SPECIFIC 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 regular meeting of the Commission, February 17-18, 2009, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320
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: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-44.002 Definitions.

As used in this rule chapter:

(1) through (6) No change.

(7) “Shark” means any of the following species or any part thereof:

(a) Large coastal species:

1. through 3. No change.

4. Lemon shark – Negaprion brevirostris.

4.5. Nurse shark – Ginglymostoma cirratum.

5.6. Scalloped hammerhead – Sphyrna lewini.

6.7. Smooth hammerhead – Sphyrna zygaena.

7.8. Spinner shark – Carcharhinus brevipinna.

8.9. Tiger shark – Galeocerdo cuvier.

(b) through (d) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.002, Amended 1-19-10,_______.

 

68B-44.008 Prohibited Species; Prohibition of Harvest, Landing, and Sale.

(1) No person shall harvest, possess, land, purchase, sell, or exchange any or any part of these species:

1. through 10. No change.

11. Lemon shark – Negaprion brevirostris.

12.11. Longfin mako (Isurus paucus).

13.12. Narrowtooth shark (Carcharhinus brachyurus).

14.13. Night shark (Carcharhinus signatus).

15.14. Sandbar shark (Carcharhinus plumbeus).

16.15. Sand tiger (Carcharias taurus).

17.16. Sevengill shark (Heptranchias perlo).

18.17. Silky shark (Carcharhinus falciformis).

19.18. Sixgill shark (Hexanchus griseus).

20.19. Smalltail shark (Carcharhinus porosus).

21.20. Whale shark (Rhincodon typus).

22.21. White shark (Carcharodon carcharias).

23.22. Largetooth sawfish (Pristis pristis).

24.23. Smalltooth sawfish (Pristis pectinata).

25.24. Spiny dogfish (Squalus acanthias).

26.25. Manta ray (species of the genus Manta and Mobula).

27.26. Spotted eagle ray (Aetobatus narinari).

(2) The prohibitions on harvest shall not apply to lawful harvest in federal waters when such harvest is transported directly through state waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this section appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.008, Amended 7-1-03, 3-9-06, 1-19-10,________.

 

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: Mark Robson, 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 10, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 8, 2010