The purpose of these rules amendments is to provide additional conservation of diamondback terrapins (Malaclemys terrapin) that may encounter blue crab traps. The effect of the rule amendments would be to reduce bycatch ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-45.002Definitions

68B-45.004Regulation and Prohibition of Certain Harvesting Gear

PURPOSE AND EFFECT: The purpose of these rules amendments is to provide additional conservation of diamondback terrapins (Malaclemys terrapin) that may encounter blue crab traps.

The effect of the rule amendments would be to reduce bycatch of diamondback terrapins in blue crab traps by modifying blue crab trap gear requirements to require a maximum rigid throat size in recreational blue crab traps year-round and statewide, and to require a maximum rigid throat size in commercial blue crab traps within specific Terrapin Bycatch Reduction Zones (TBRZ) seasonally by January 1, 2024.

SUMMARY: These rules would implement a statewide and year-round requirement for recreational blue crab traps to have a maximum rigid throat size of 2 inches by 6 inches, which could be achieved by installing a bycatch reduction device. These rules would also implement a seasonal and regional requirement for commercial blue crab traps to have a maximum rigid throat size of 2 inches by 6 inches, which could be achieved by installing a bycatch reduction device. The season for the commercial requirement would be March 1 through October 31 of each year, and would apply in five Terrapin Bycatch Reduction Zones (TBRZs). The TBRZs would be located in the Big Bend, Tampa Bay, Charlotte Harbor, the Banana River, and Northeast Florida. The rule amendments would make the recreational and commercial gear requirements effective January 1, 2024.

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 nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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 December 15-16, 2021, 8:30 a.m. to 5:00 p.m. each day

PLACE: The Henderson Beach Resort, 200 Henderson Resort Way, Destin, FL 32541

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-45.002 Definitions.

As used in this rule chapter:

(1) “Banana River TBRZ” means all waters of Sykes Creek south of State Road 528, and all waters of the Banana River south of Merritt Island National Wildlife Refuge and north of Banana River Daybeacon 1 (28°08.512’ N Latitude), but excluding all waters of the Canaveral Barge Canal.

(2) “Big Bend TBRZ” means all Florida Waters that lie between a line 2.5 nautical miles inside of and parallel to the three nautical mile line, as depicted or described on NOAA nautical charts for coastal Florida waters, and a line 10 nautical miles inside of and parallel to the three nautical mile line extending from 29°56.046’ N Latitude in Franklin County to the Hernando-Pasco county line.

(3)(1) “Blue crab” means any crustacean of the species Callinectes sapidus, or any part thereof.

(4) “Bycatch reduction device” or “BRD” means a rigid rectangular device or implement that forms the perimeter of the opening of a throat or entrance to a trap used to harvest blue crabs or peeler crabs and is intended to minimize bycatch of diamondback terrapins by limiting the size of the opening.

(5) “Charlotte Harbor TBRZ” means all inside waters of Charlotte and Lee counties east of Boca Grande Causeway and west of County Road 865 (San Carlos Boulevard), and includes Gasparilla Sound, Charlotte Harbor, Peace River, Pine Island Sound, Caloosahatchee River, and all connecting inside waters.

(6)(2) “Drop net” means a small, usually circular, net with weights attached along the outer edge and a single float in the center.

(3) through (8) renumbered as (7) through (12).

(13) “Northeast Florida TBRZ” means all inside waters of Duval County north of State Road 105 and east of Interstate 95 and all inside waters of Nassau County east of Interstate 95 and south of the Florida-Georgia state line.

(9) through (15) renumbered as (14) through (20).

(21) “Tampa Bay TBRZ” means all connecting inside waters of Tampa Bay bounded by County Road 682 in Pinellas County and State Road 684 in Manatee County.

(22) “TBRZ” means Terrapin Bycatch Reduction Zone.

(16) and (17) renumbered as (23) and (24).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 10-4-95, Formerly 46-45.002, Amended 7-1-03, 7-15-04, 5-26-05, 10-15-07, 3-1-22 .

68B-45.004 Regulation and Prohibition of Certain Harvesting Gear.

(1) Except as provided in subsections (2), (3), (4), (5) and (6), below, the following types of gear shall be the only types of gear allowed for the harvest of blue crab in or from state waters:

(a) Traps meeting the following specifications:

1. through 5. No change. 

6. Each throat (entrance) in any trap used to harvest blue crabs shall be horizontally oriented, i.e., the width of the opening where the throat meets the vertical wall of the trap and the opening of the throat at its farthest point from the vertical wall, inside the trap, is greater than the height of any such opening. No such throat shall extend farther than 6 inches into the inside of any trap, measured from the opening where the throat meets the vertical wall of the trap to the opening of the throat at its farthest point from the vertical wall, inside the trap. Beginning January 1, 2024, each throat or entrance in a trap used to harvest blue crabs shall comply with terrapin bycatch reduction requirements as provided in subsection (8).

7. No change

(2)(a) Peeler crabs may be harvested in traps constructed of wire with a minimum mesh size of one inch and with the throats or entrances located only on a vertical surface. Such traps shall have a maximum dimension of 24 inches by 24 inches by 24 inches or a volume of 8 cubic feet and a degradable panel.

(b) Each trap used to harvest peeler crabs shall have buoys and be identified as described in subparagraph (a)2., and (a)3. or (a)4.

(c) All peeler crabs harvested must be kept in a container separate from other blue crabs.

(d) Each trap used to harvest peeler crabs shall only be baited with live male blue crabs. Male crabs so used as bait to attract female blue crabs into peeler traps may be periodically fed with no more than a single bait fish. Any trap used to harvest blue crabs that is baited with anything other than live male blue crabs shall meet the requirements of paragraph (1)(a), of this rule.

(e) Beginning January 1, 2024, each entrance or throat in a trap used to harvest peeler crabs shall comply with terrapin bycatch reduction requirements as provided in subsection (8).

(3) through (7) No change.

(8) Terrapin bycatch reduction requirements.

(a) Recreational harvesters. Beginning January 1, 2024, each trap used to harvest blue crabs, other than those used to harvest for commercial purposes, must contain a bycatch reduction device that meets the specifications of paragraph (8)(c) installed in each entrance or throat.

(b) Commercial harvesters. Beginning January 1, 2024, each trap used to harvest blue crabs for commercial purposes from March 1 through October 31 each year within the following Terrapin Bycatch Reduction Zones must contain a bycatch reduction device that meets the specifications of paragraph (8)(c) installed in each entrance or throat: Banana River TBRZ, Big Bend TBRZ, Charlotte Harbor TBRZ, Northeast Florida TBRZ, and Tampa Bay TBRZ.

(c) A trap shall be considered to meet the requirements of paragraphs (8)(a) or (8)(b) if each entrance or throat:

1. Contains a bycatch reduction device measuring no larger than 2 inches in height by 6 inches in width; or,

2. Is constructed completely of rigid wire such that the narrowest opening does not exceed 2 inches in height by 6 inches in width.

(8) through (10) renumbered as (9) through (11).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 1-1-95, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 9-21-06, 10-15-07, 1-26-11, 6-19-13, 1-1-20, 3-1-22 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 18, 2021