The purpose of these rules is to create a new rule chapter in 68B, Florida Administrative Code (FAC) for blue runner and, in the absence of a federal management plan, assume management authority for the species in federal waters. Currently, there ...  

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    FISH AND WILDLIFE CONSERVATION COMMISSION

    Marine Fisheries

    RULE NOS.:RULE TITLES:

    68B-61.002Definitions

    68B-61.004Bag Limits

    68B-61.009License Requirements

    PURPOSE AND EFFECT: The purpose of these rules is to create a new rule chapter in 68B, Florida Administrative Code (FAC) for blue runner and, in the absence of a federal management plan, assume management authority for the species in federal waters. Currently, there are no specific regulations for blue runner in state waters. However, general statewide regulations such as license requirements and gear restrictions presently apply for blue runner harvest. In addition, F.S. 379.361 defines “commercial quantities” for species that do not have specific bag limits as greater than 100 pounds per person per day. Therefore, the current daily recreational bag limit for blue runner in state waters is 100 pounds. The new rules will establish a statewide recreational bag limit of 100 fish, clarify that there is no commercial bag limit, clarify that an SPL is required to harvest blue runner for commercial purposes, and extend regulations into adjacent federal waters in cases where no federal management plan exists. There is no federal management plan for blue runner in federal waters of the Gulf of Mexico. The South Atlantic Fishery Management Council (SAFMC) recently approved an amendment to remove blue runner from the SAFMC federal snapper-grouper fishery management plan (FMP). The SAFMC approved this amendment, in part, based on the fact that the FWC agreed to manage blue runner harvest in federal waters of the Atlantic. Pending approval of this amendment by the U.S. Secretary of Commerce, blue runner will no longer be managed in any federal waters off Florida. These rules would allow the state of Florida to regulate harvest of blue runner from Gulf federal waters immediately upon implementation of the rule and from Atlantic federal waters upon removal of blue runner from the SAFMC federal FMP.

    The effect of these rules would be to establish a recreational bag limit in state waters, clarify commercial requirements, and extend the regulations into adjacent federal waters. These rule amendments will also help to prevent the loss of income for commercial fishermen that have historically harvested blue runner from federal waters of the Atlantic as bycatch without a federal snapper grouper permit and allow commercial fishermen to use gears that are currently prohibited under the federal FMP.

    SUMMARY: The new rule chapter would define “blue runner” as any fish, or part of a fish, of the species Caranx crysos. The new rule chapter would also establish a recreational daily bag limit of 100 fish, instead of the current limit (100 pounds) found in F.S. The new rules would extend this bag limit into federal waters off Florida, and also require a Saltwater Products License (SPL) in order to harvest quantities of blue runner greater than the recreational bag limit or for commercial purposes from 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: The proposed rule would create a new rule chapter in 68B, FAC, and no regulatory costs are anticipated.

    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, TIME AND PLACE SHOWN BELOW:

    DATES AND TIME: During the Commission’s regular meeting November 20-21, 2013, 8:30 a.m. – 5:00 p.m. each day

    PLACE: Bonaventure Conference Center, 250 Racquet Club Road, Weston, FL 33326

    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 (850)488-6411. 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, (850)487-0554

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    68B-61.002 Definitions.

    “Blue runner” means a fish of the species Caranx crysos, or any part thereof.

    PROPOSED EFFECTIVE DATE: January 1, 2014

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-14.

     

    68B-61.004 Bag Limits.

    (1) Recreational Bag Limits – A recreational harvester may not harvest within or without Florida Waters or land more than 100 blue runner per day or possess within or without Florida Waters more than 100 blue runner.

    (2) Commercial Limits – A commercial harvester is not subject to a harvest or possession limit for blue runner.

    PROPOSED EFFECTIVE DATE: January 1, 2014

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-14.

     

    68B-61.009 License Requirements.

    No person shall harvest within or without Florida Waters or land more than 100 blue runner per day, possess within or without Florida Waters more than 100 blue runner, or harvest blue runner for commercial purposes unless such person possesses a valid saltwater products license.

    PROPOSED EFFECTIVE DATE: January 1, 2014

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-14.

     

    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, (850)487-0554

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 5, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 7, 2013