The purpose of this rule amendment is to update and clarify rules related to allowable uses of a tarpon tag by modifying the regulations found in 68B-32, Florida Administrative Code (F.A.C.), which allow anglers to harvest or possess a single tarpon ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-32.004Restrictions on Possession of Tarpon; Commercial Harvest Prohibited

68B-32.009Tarpon Tag Specifications

PURPOSE AND EFFECT: The purpose of this rule amendment is to update and clarify rules related to allowable uses of a tarpon tag by modifying the regulations found in Chapter 68B-32, Florida Administrative Code (F.A.C.), which allow anglers to harvest or possess a single tarpon per year when pursuing a state or world saltwater fishing record.

The effect of this rule amendment will be to modify the tarpon tag rule to specify that the state saltwater fishing records program, previously administered by International Game Fish Association, is now administered by the Florida Fish and Wildlife Conservation Commission (Commission). This rule will also clarify that no tarpon measuring greater than 40 inches fork length may be removed from the water unless being harvested in pursuit of a state or world record with a Commission-issued tarpon tag.

SUMMARY: This rule will clarify the current tarpon tag rules to continue to allow an angler to harvest or possess a single tarpon per year for the sole purpose of pursuing a state or world record. It will also clarify that removing tarpon measuring greater than 40 inches from the water for any reason other than to pursue a state or world record is not an allowable use of the Commission-issued tarpon tag.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-32.004 Restrictions on Possession of Tarpon; Commercial Harvest Prohibited.

(1) Except as provided in Rule 68B-32.009, F.A.C., a person may not harvest or unnecessarily destroy a tarpon within or without Florida Waters.

(2) Temporary Possession by a Recreational Harvester –

(a) Except as provided in Rule 68B-32.009, F.A.C. and paragraph (2)(b), a recreational harvester may not possess a tarpon within or without Florida Waters.

(b) A person may temporarily possess a tarpon within or without Florida Waters only for the purposes of photography, measuring length and girth, and taking a scientific sample.

1. Except as provided in Rule 68B-32.009, F.A.C. a recreational harvester who temporarily possesses a tarpon pursuant to this subsection shall release the tarpon alive and unharmed, immediately after photographing, measuring, or taking a scientific sample.

2. Except as provided in Rule 68B-32.009, F.A.C. a recreational harvester who temporarily possesses a tarpon pursuant to this subsection shall release the tarpon in the immediate area where the tarpon was caught.

(3) Except for tarpon harvested or possessed with the intent to submit that tarpon for state record or world record in accordance with pursuant to subsection 68B-32.009(1), F.A.C. tarpon greater than 40 inches fork length may not be removed from the water.

(4) Possession for Commercial Purposes Prohibited – A commercial harvester may not harvest or possess a tarpon within or without Florida Waters.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-98, Formerly 46-32.004, Amended 3-28-04, 3-1-05, 9-1-13,           .

 

68B-32.009 Tarpon Tag Specifications.

(1) Tags Required for Possession –

(a) A person may not harvest or possess a tarpon unless the person intends to submit that tarpon for an International Game Fish Association world record or Commission International Game Fish Association Florida state record.

(b) through (d) No change.

(2) through (6) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended____.

 

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: December 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2018