The purpose of this rule amendment is to protect great, scalloped and smooth hammerhead sharks, and tiger sharks in state waters of Florida by prohibiting the commercial and recreational harvest of these species. Scalloped, smooth and great ...

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 this rule amendment is to protect great, scalloped and smooth hammerhead sharks, and tiger sharks in state waters of Florida by prohibiting the commercial and recreational harvest of these species. Scalloped, smooth and great hammerhead sharks and tiger sharks have all experienced population declines of at least fifty percent. Research has demonstrated benefits to protecting shark populations in Florida state waters. Critical nursery habitat is often found in shallow state waters and much of Florida’s coastal waters have been identified as Essential Fish Habitat for many species of sharks; this means that the habitat in Florida waters is necessary for the sharks to carry out their life cycle. Further, pregnant sharks enter state waters to pup at known times of year and often in known locations. The effect of this rule would be to protect these four species of sharks by not allowing their harvest by commercial or recreational anglers.
SUMMARY: Rules 68B-44.002 (Definitions) and 68B-44.008, F.A.C., (Prohibited Species; Prohibition of Harvest, Landing, and Sale) would be amended to remove scalloped, smooth and great hammerhead and tigers sharks from the definition of harvestable sharks and add them to the list of sharks that are prohibited to harvest.
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:
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 November 16-17, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Key Largo Grande Resort & Beach Club, 97000 South Overseas Highway, Key Largo, FL 33037
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, [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. Blacktip shark – Carcharhinus limbatus.

2. Bull shark – Carcharhinus leucas.

3. Great hammerhead – Sphyrna mokarran.

3.4. Nurse shark – Ginglymostoma cirratum.

5. Scalloped hammerhead – Sphyrna lewini.

6. Smooth hammerhead – Sphyrna zygaena.

4.7. Spinner shark – Carcharhinus brevipinna.

8. Tiger shark – Galeocerdo cuvier.

(b) through (d) No change.

PROPOSED EFFECTIVE DATE: January 1, 2012.

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, 3-21-10, 1-1-12.

 

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:

(a) through (j) No change.

(k) Great hammerhead – Sphyrna mokarran.

(k) through (p) renumbered (l) through (q) No change.

(r) Scalloped hammerhead – Sphyrna lewini.

(q) through (t) renumbered (s) through (v) No change.

(w) Smooth hammerhead – Sphyrna zygaena.

(x) Tiger shark – Galeocerdo cuvier.

(u) through (aa) renumbered (y) through (ee) No change.

(2) No change.

PROPOSED EFFECTIVE DATE: January 1, 2012.

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, 3-21-10, 1-1-12.

 

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: 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: September 8, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010