The purpose and effect of the proposed rules is to allow for greater fishing opportunity for recreational and commercial fishers in Florida, where the spotted seatrout population stocks are exceeding the Commission’s management goal. The proposed ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-37.002: Definitions
68B-37.003: Size Limits
68B-37.004: Regional Bag Limits; Closed Seasons
68B-37.005: Commercial Season and Daily Harvest Limit
68B-37.006: Gear Specifications and Prohibited Gear; Bycatch Allowance
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to allow for greater fishing opportunity for recreational and commercial fishers in Florida, where the spotted seatrout population stocks are exceeding the Commission’s management goal. The proposed rules would eliminate the current recreational closed months and would also extend the commercial season in each region from three to five months. The proposed rules would allow spotted seatrout inventory to be sold year-round and require spotted seatrout to be landed and have first point of sale in an open region. Additionally, the proposed rules would create a vessel limit of 150 spotted seatrout if two commercial licensees are aboard. It would separate the south region into two regions, the southeast and southwest, and would clarify that all spotted seatrout rules apply to state and federal waters.
SUMMARY: Rule 68B-37.002, F.A.C., (Definitions) would be amended by striking the definition of “South” and adding definitions for “Southeast” and “Southwest.” Rule 68B-37.003 (Size Limits) would be amended to clarify that the size limits extend into federal waters. Rule 68B-37.004, F.A.C., (Regional Bag Limits; Closed Seasons) would be amended to remove the regional season closures. Rule 68B-37.005, F.A.C., (Commercial Season; Daily Harvest Limit) would be amended to change the commercial seasons (June through October for the southwest and northeast, May through September for the southeast, and September through January for the northwest). It would also be amended to add a vessel limit of 150 seatrout if two commercial licensees are aboard and to allow for year-round sale of spotted seatrout. Rule 68B-37.006, F.A.C., (Gear Specifications and Prohibited Gear; Bycatch Allowance) would be amended to clarify that the gear specifications extend into federal waters.
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-37.002 Definitions.

As used in this rule chapter:

(1) through (6) No change.

(7) “Southeast Region” means all state waters lying south of the Flagler-Volusia County Line and north of the Miami-Dade-Monroe County Line, and adjacent federal Exclusive Economic Zone (EEZ) waters. “South Region” means state waters lying between the Flagler-Volusia County Line on the Atlantic Ocean and the southern boundary of the Northwest Region on the Gulf of Mexico in Pinellas County, as specified in subsection (6), and adjacent federal Exclusive Economic Zone (EEZ) waters.

(8) “Southwest Region” means all state waters lying south and west of the Miami-Dade-Monroe County Line and south of the southern boundary of the Northwest Region on the Gulf of Mexico in Pinellas County, as specified in subsection (6), and adjacent federal Exclusive Economic Zone (EEZ) waters.

(8) through (9) renumbered (9) through (10) No change.

PROPOSED EFFECTIVE DATE: January 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.002, Amended 7-1-00, 7-1-06, 1-1-12.

 

68B-37.003 Size Limits.

(1)(a) Recreational Size Limits – Except as provided in paragraph (b), a person subject to a regional bag limit specified in subsection 68B-37.004(1), F.A.C., shall not harvest, or possess within or without state waters in or on the waters of the state, or land any spotted seatrout with a total length less than 15 inches or greater than 20 inches.

(b) A person harvesting under a regional bag limit established in subsection 68B-37.004(1), F.A.C. may harvest, and possess within or without state waters while in or on the waters of the state, and land no more than one spotted seatrout per day with a total length greater than 20 inches.

(2) Commercial Size Limit – A person harvesting for commercial purposes shall not harvest, or possess within or without state waters while in or on the waters of the state, or land any spotted seatrout with a total length less than 15 inches or greater than 24 inches. No person shall buy, sell, or exchange any spotted seatrout with a total length less than 15 inches or greater than 24 inches.

(3) All spotted seatrout harvested in or from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters shall be landed in a whole condition. The possession, within or without state waters while in or on state waters, on any public or private fishing pier, on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of a spotted seatrout that has been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or "gutting" of spotted seatrout, or mere removal of gills before landing is not prohibited.

PROPOSED EFFECTIVE DATE: January 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.003, Amended 7-1-00, 1-1-12.

 

68B-37.004 Regional Bag Limits; Closed Seasons.

(1) Regional bag limits – Except as provided in Rule 68B-37.005, F.A.C. and subject to the closed seasons specified in subsection (2), no person shall harvest more spotted seatrout per day or possess at any time, within or without state waters while in, on, or above the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more spotted seatrout than the specified bag limit established in this subsection within the following identified regions:

(a) Southeast and Southwest Regions South Region – Four (4) spotted seatrout.

(b) Northwest and Northeast Regions – Five (5) spotted seatrout.

(2) Regional season closures – No person shall harvest any spotted seatrout within the specified region during the closed seasons established in this subsection. During the specified closed season, the possession of spotted seatrout while in or on the waters of the specified region or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters is prohibited.

(a) South Region – Beginning on November 1 and continuing through December 31 each year, the season for the harvest of spotted seatrout is closed in the South Region. During this closed season, no person shall land any spotted seatrout harvested in the Northeast or Northwest Region in the South Region.

(b) Northwest and Northeast Regions – Beginning on February 1 and continuing through the last day of February each year, the harvest of spotted seatrout is closed in the Northwest and Northeast Regions. During this closed season, no person shall land any spotted seatrout harvested in the South Region in the Northwest or Northeast Region.

PROPOSED EFFECTIVE DATE: January 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.004, Amended 7-1-00, 1-1-12.

 

68B-37.005 Commercial Seasons; and Daily Harvest Limit; Vessel Limit.

(1) Commercial Season – The harvest of spotted seatrout for commercial purposes shall be limited each year to the period established in this subsection within the following identified regions:

(a) Southwest Region and Northeast Region – bBeginning June 1 and continuing through August 31.

(b) Southeast Region – Beginning May 1 and continuing through September 31.

(c) Northwest Region – Beginning September 1 and continuing through January 31.

Such harvest is limited to persons possessing a valid saltwater products license with a restricted species endorsement.

(2) Prohibition of Sale – Once the commercial season specified in subsection (1) is closed, the purchase, sale, or exchange of spotted seatrout harvested from Florida or adjacent federal Exclusive Economic Zone (EEZ) waters is prohibited, beginning on the date specified in paragraph (a) and continuing through the following May 31.

(a) This prohibition shall be effective beginning 5 days after the season specified in subsection (1) is closed.

(b) This prohibition shall not apply to spotted seatrout legally harvested outside Florida or adjacent federal Exclusive Economic Zone (EEZ) waters, which spotted seatrout have entered the State of Florida in interstate commerce. The burden shall be upon any person possessing spotted seatrout during the period sale is prohibited to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such spotted seatrout originated from a point outside Florida or adjacent federal Exclusive Economic Zone (EEZ) waters, and entered the state in interstate commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

(2)(3) Commercial Daily Harvest Limit and Vessel Limit – Each person harvesting spotted seatrout for commercial purposes pursuant to subsection (1) of this rule shall be governed by a daily harvest limit of 75 spotted seatrout per day. No such harvester shall possess within or without while in or on state waters more than 75 spotted seatrout;. provided, however, that tThe possession of more than 150 75 spotted seatrout aboard any vessel within or without in or on state waters with two or more, irrespective of the number of commercial licensees aboard, is prohibited. The landing of more than 75 spotted seatrout from a single vessel in any single day is prohibited. The towing of any vessel in order to exceed the commercial daily harvest limit or vessel limit established by this subsection is prohibited.

(3) Landing – The landing of more than 75 spotted seatrout from a single vessel with one commercial licensee aboard in any single day is prohibited. The landing of more than 150 spotted seatrout from a single vessel with two or more commercial licensees aboard is prohibited. Spotted seatrout harvested for commercial purposes may only be landed within the boundaries of the regions that are open for commercial harvest.

(4) Sale of seatrout shall adhere to the following restrictions.

(a) At the initial sale, no wholesale dealer located in a region that is closed to commercial harvest may purchase spotted seatrout.

(b) During the closed season, no person, firm or corporation, shall have in their possession, sell or offer for sale, any spotted seatrout, or any parts thereof, except for:

1. Spotted seatrout placed in inventory prior to the close of the fishing season in that region by a wholesale or retail dealer as defined in Section 379.414, Florida Statutes,

2. Spotted seatrout purchased from a wholesale dealer located in an open region, or

3. Spotted seatrout legally harvested outside Florida, which have entered the State of Florida in interstate commerce.

(c) During the closed season all spotted seatrout in inventory must be reported to the Commission on the Closed Season Spotted Seatrout Declaration Form DMF-3700 (01/12), which is hereby incorporated by reference. Copies can be obtained by contacting the Fish and Wildlife Conservation Commission, Division of Marine Fisheries, 2590 Executive Center Circle E, Suite 203, Tallahassee, Florida 32301 or at www.myfwc.com.

(d) Form DMF-3700 (01/12) must be submitted to the Commission by the seventh day of the each month during the closed season and a copy shall be held at the place of business during the closed season.

(e) For purposes of form DMF-3700 (01/12), the following counties are included in the regions:

1. Northeast Region includes Baker, Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties;

2. Southeast Region includes Brevard, Broward, Dade, Indian River, Lake, Martin, Okeechobee, Orange, Osceola, Palm Beach, Seminole, St. Lucie, and Volusia Counties;

3. Southwest Region includes Charlotte, Collier, De Soto, Glades, Hardee, Hendry, Highlands, Hillsborough, Lee, Manatee, Monroe, Pinellas, Polk, and Sarasota Counties;

4. Northwest Region includes Alachua, Bay, Bradford, Calhoun, Citrus, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Marion, Okaloosa, Pasco, Santa Rosa, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, and Washington Counties.

(f) The burden shall be upon any person possessing spotted seatrout during the regional closed seasons to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such spotted seatrout was in inventory prior to the regional closure, was purchased from a wholesale dealer in an open region, or originated from a point outside Florida, and entered the state in interstate commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

PROPOSED EFFECTIVE DATE: January 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.005, 1-1-12.

 

68B-37.006 Gear Specifications and Prohibited Gear; Bycatch Allowance.

(1) The harvest of any spotted seatrout, within or without the waters of the state waters, by or with the use of any multiple hook in conjunction with live or dead natural bait is prohibited. Snagging (snatch hooking) of spotted seatrout in or from state waters is prohibited.

(2) The harvest or attempted harvest of any spotted seatrout, within or without state waters, by or with the use of any gear other than a cast net or hook and line gear is prohibited.

(3) The simultaneous possession aboard a vessel, within or without state waters, of any gill net or entangling net together with any spotted seatrout is prohibited.

PROPOSED EFFECTIVE DATE: January 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.006, 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