Regional Recreational Bag Limits; Commercial Bag, Vessel, and Landing Limits, Purchase and Sale Prohibitions
FISH AND WILDLIFE CONSERVATION COMMISSION
RULE NOS.:RULE TITLES:
68B-37.004Regional Recreational Bag Limits; Commercial Bag, Vessel, and Landing Limits
68B-37.007Purchase and Sale Prohibitions
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 225, November 19, 2019 issue of the Florida Administrative Register.
Proposed amendment to Rule 68B-37.004 has been changed to include the following:
68B-37.004 Regional Recreational Bag Limits; Bag Limit for Captain and Crew on For-hire Trips; Commercial Bag, Vessel, and Landing Limits.
(1) Recreational Bag Limits – A recreational harvester may not harvest or land per day or possess at any time more spotted seatrout than the specified bag limit established in this subsection within the following identified regions:
(a) No change.
(b) Big Bend Region – Five (5) Four (4) spotted seatrout.
(c) through (e) No change.
(2) through (3) No change.
Rulemaking 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, 2-1-12, 9-1-13, 2-1-19, 2-1-20.
Proposed amendment to Rule 68B-37.007 has been changed to include the following:
68B-37.007 Purchase and Sale Prohibitions.
Sale of spotted seatrout shall adhere to the following restrictions.
(1) Except as provided in subsection (3), a seafood dealer iIn a closed region may only possess or sell spotted seatrout, within the first 30 days after the close of the applicable regional commercial spotted seatrout season specified in 68B-37.005(2), F.A.C., provided that such spotted seatrout were legally harvested following a regional closure, inventory during the commercial open season. The burden shall be upon any seafood dealer possessing spotted seatrout 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. Seafood dealers shall maintain such documentation and promptly produce same at the request of any duly authorized law enforcement officer of spotted seatrout may be possessed or sold, and all spotted seatrout in inventory must be reported to the Commission on the Closed Season Spotted Seatrout Declaration Form DMF-3700 (01/20), which is hereby incorporated by reference. Copies can be obtained by contacting the Fish and Wildlife Conservation Commission, Saltwater Licenses and Permits, 620 S. Meridian Street, Tallahassee, Florida 32399-1600 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-00808. Form DMF-3700 (01/20) must be submitted to the Commission by the seventh day after a regional closure and a copy shall be held at the place of business through the 30 days following a regional closure. After 30 days following a regional closure, no spotted seatrout may be possessed in a closed region, except as provided for in subsection (3).
(2) For purposes of this rule and form DMF-3700 (01/20), the following counties are included in the regions:
(a) through (e) No change.
(3) A seafood wholesale dealer or retailer may import spotted seatrout from outside Florida during the open or closed commercial season. However, the burden shall be upon any person possessing imported spotted seatrout 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, 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.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-1-20.
