The purpose of these rule amendments is to modify the Commission’s Marine Life Rule in order to ensure the long-term sustainability of this fishery. These rule amendments were discussed by a Marine Life Workgroup composed of industry representatives ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-42.001: Purpose and Intent; Designation of Restricted Species; Definition of "Marine Life Species"
68B-42.002: Definitions
68B-42.004: Size Limits
68B-42.005: Bag Limit
68B-42.006: Commercial Season, Harvest Limits
68B-42.0065: Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability
68B-42.007: Gear Specifications and Prohibited Gear
68B-42.009: Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception; Repeal of Section 370.114, Florida Statutes
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s Marine Life Rule in order to ensure the long-term sustainability of this fishery. These rule amendments were discussed by a Marine Life Workgroup composed of industry representatives over a three year time-frame and taken to public workshops.
Language will be added to the rule chapter that will authorize the issuance of Special Activity Licenses for activities that are otherwise prohibited in this rule chapter. Additionally, new fish and invertebrate species would be added to the rule, which would require a marine life endorsement for commercial harvest. These additions are: porcupine fish, spotted burrfish, black brotula, key brotula, yellow stingray, blackbar soldierfish, red mithrax crab, emerald crab, red ridged clinging crab, the snail Lithopoma tectum, all hermit crabs (except land hermits), and nassarius snails. Misspellings in this section will also be corrected. A definition of fork length will be added for the measurement of tangs. The size limits of several fish species will be modified for commercial and recreational harvesters, including establishing maximum size limits for parrotfish and tangs, and widening the slot limit on butterflyfish. The recreational bag limit will be modified to allow no more than 5 of any one species within the 20 organism daily bag limit and create a 2-day possession limit for recreationally harvested organisms. The rule amendment would also establish a vessel maximum limit for dwarf seahorses and emerald crabs, and establish personal possession and vessel possession limits for zoanthid polyps, corallimorph polyps, and scarlet hermit crabs. The amendments will decrease the vessel maximum limit on condylactis anemones and add the snail Lithopoma tectum to the current star snail personal and vessel maximums. The rule would also establish a personal possession limit and vessel possession limit for butterflyfish instead of the current vessel maximum. Tools for the taking of corallimorph and zoanthid polyps will be specified for both recreational and commercial harvest in the amendments. Updates will also be made to existing commercial harvest restriction wording to make it more consistent with the endorsement program. The amendment would also allow the harvest of ornamental sponges north of Egmont Key in the Gulf of Mexico to be taken with a 1 inch amount of substrate beyond the holdfast and a 1 inch thick piece of substrate below the holdfast of the sponge. Taking ornamental sponges with substrate would not be allowed in waters south of Egmont Key. The amendment would modify the requalification criteria for the Marine Life Transferable Dive endorsement to allow live rock landings, because they were allowed for the initial qualification. The regulation regarding the use of quinaldine would be amended so it can only be used with the Marine Life Transferable Dive endorsement and the Marine Life Non-transferable Dive endorsement. Portions of the rule in Rules 68B-42.006 and 68B-42.009, F.A.C., are being removed because they are no longer necessary and outdated references to Marine Patrol and the Department of Environmental Protection will also be amended.
The effect of these rule amendments is that more species will be given greater resource protection. Newly-added species will have their potential commercial exploitation reduced by limiting their harvest to only those that possess a marine life endorsement and limit their recreational harvest. The addition of size and bag limits will further reduce their harvest by collectors. Amending the language governing the issuance of Special Activity Licenses will allow holders so permitted under the License to conduct the activities within the Florida Keys National Marine Sanctuary (FKNMS). This is in conjunction with a Memorandum of Understanding that is already in place between the FKNMS and the FWC. The definition of fork length will clarify this measurement technique for fishermen and law enforcement. In addition, specifying the allowable tools for the harvest of corallimorphs and zoanthids will reduce the amount of substrate removed in order to reduce impacts upon the surrounding habitat and aid the enforcement of this rule within the FKNMS. The specification of an allowable substrate amount for ornamental sponges North of Egmont Key will help protect the resource and clarify language for marine life harvesters and law enforcement. Changing the requalification criteria to include live rock sales will make it consistent with the original qualifying criteria. Restricting the use of quinaldine will ensure its use only by endorsement holders permitted to harvest by diving, which was the original intent of the rule. Removing outdated sections, correcting misspellings, and clarifying language regarding commercial harvest restrictions are intended to aid understanding and adherence to the rule chapter.
SUMMARY: Rule 68B-42.001 F.A.C., (Purpose and Intent: Designation of Restricted Species; Definition of “Marine Life Species”) would be amended to add new species that would be regulated by this rule chapter and add language regarding the issuance of Special Activity Licenses. Rule 68B-42.002, F.A.C., (Definitions) would be amended to add a definition of fork length for fishes. Rule 68B-42.004, F.A.C., (Size Limits) would be amended to modify size limits for various marine life fish species. Rule 68B-42.005, F.A.C., (Bag Limit) would be amended to modify the recreational bag limit to allow only 5 of any one species within the 20 organism daily bag limit and create a 2-day possession limit for recreationally harvested organisms. In addition, it would also specify the allowable gears for taking zoanthids and corallimorph polyps recreationally as well as the amount of substrate that can be legally attached to ornamental sponges harvested from certain parts of the State. Rule 68B-42.006, F.A.C., (Commercial Season, Harvest Limits) would be amended to establish commercial bag and vessel limits for some species and modify some of the existing limits as well as specify the amount of substrate that can be legally attached to ornamental sponges harvested from certain areas of the State. In addition, it would also specify tools for the taking of certain species and modify vessel limits to make the wording more consistent with the endorsement program implemented in 2005. Rule 68B-42.0065, F.A.C., (Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability) would be amended to modify the requalification criteria for the Marine Life Transferable Dive Endorsement to allow live rock landings. Rule 68B-42.007 (Gear Specifications and Prohibited Gear) would be amended to limit the use of quinaldine to only the Marine Life Transferable Dive Endorsement and the Marine Life Non-transferable Dive Endorsement. Rule 68B-42.008, F.A.C., (Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception; Repeal of Section 370.114, Florida Statutes) would be amended to remove and update outdated references.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, 8:30 a.m. – 5:00 p.m., February 4-5, 2009, each day
PLACE: Sandestin Golf and Beach Resort, 9300 Emerald Coast Parkway West, Destin, FL 32550
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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-42.001 Purpose and Intent; Designation of Restricted Species; Definition of “Marine Life Species”.

(1)(a) The purpose and intent of this chapter are to protect and conserve Florida’s tropical marine life resources and assure the continuing health and abundance of these species. The further intent of this chapter is to assure that harvesters in this fishery use nonlethal methods of harvest and that the fish, invertebrates, and plants so harvested be maintained alive for the maximum possible conservation and economic benefits.

(b) No change.

(c) The Commission may issue Special Activity Licenses pursuant to Chapter 68B-8, F.A.C, to authorize activities that are otherwise prohibited by this chapter.

(2) The following fish species, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 379.101(23), Florida Statutes:

(a) through (i) No change.

(j) Hamlet/seabass – Any species of the Family Serranidae, except groupers of the genera Epinephalus and Mycteroperca, and seabass of the genus Centropristis, and longtail bass, Hemanthias leptus.

(k) Basslets – Any species of the Family Grammatidae Grammistidae.

(l) through (n) No change.

(o) Reef Croakers – Any of the species Odontoscion Odontocion dentex.

(p) Sweepers – Any species of the Family Pempheridae Pempherididae.

(q) through (x) No change.

(y) Sleepers – Any species of the Family Eleotridae Eleotrididae.

(z) through (cc) No change.

(dd) Pufferfish/burrfish/balloonfish/porcupinefish – Any of the following species:

1. through 3. No change.

4. Porcupinefish – Diodon hystrix.

5. Spotted burrfish – Chilomycterus atringa.

(ee) Black brotula – Stygnobrotula latebricola.

(ff) Key brotula – Ogilbia cayorum.

(gg) Blackbar soldierfish – Myripristis jacobus.

(hh)Yellow stingray – Urobatis jamaicensis.

(3) The following invertebrate species, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 379.101(23), Florida Statutes:

(a) Sponges – Any species of the Class Demospongiae Demospongia, except sheepswool, yellow, grass, glove, finger, wire, reef, and velvet sponges, Order Dictyoceratida.

(b) Upside-down jellyfish – Any species of the Genus Cassiopea Cassiopeia.

(c) Siphonophores/hydroids – Any species of the Class Hydrozoa, except fire corals, Family Milleporidae Order Milleporina.

(d) No change.

(e) Sea anemones – Any species of the Orders Actiniaria Actinaria, Zoanthidea, Corallimorpharia, and Ceriantharia.

(f) No change.

(g) Starsnails – Any of the species Lithopoma americanum, Lithopoma tectum, or Astralium Australium phoebium.

(h) through (q) No change.

(r) Red mithrax crab – Mithraculus ruber.

(s) Red-ridged clinging crab – Mithraculus forceps.

(t) Green clinging or emerald crab – Mithraculus sculptus.

(u) Hermit Crabs – Any species of the families Diogenidae (left-handed hermit crabs) or Paguridae (right-handed hermit crabs) or Parapaguridae (deepwater hermit crabs) or Pylochelidae (symmetrical hermit crabs).

(v) Nassarius snails – Any species of the genus Nassarius.

(4) The following species of plants, as they occur in waters of the state and in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, are hereby designated as restricted species pursuant to Section 379.101(23), Florida Statutes:

(a) No change.

(b) Halimeda/mermaid’s fan/mermaid’s shaving brush – Any species of the Family Udoteaceae Halimedaceae.

(c) No change.

(5) For the purposes of Section 379.361(2)(j), Florida Statutes, the term “marine life species” is defined to mean those species designated as restricted species in subsections (2), (3), and (4) of this rule.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 6-1-99, Formerly 46-42.001, Amended 10-7-01,________.

 

68B-42.002 Definitions.

As used in this rule chapter:

(1) through (4) No change.

(5) “Fork Length” means the length of a fish as measured from the most forward point of the head to the rear center edge of the tail.

(6)(5) “Hand held net” means a landing or dip net as defined in subsection 68B-4.002(4), F.A.C., except that a portion of the bag may be constructed of clear plastic material, rather than mesh.

(7)(6) “Harvest” means the catching or taking of a marine organism by any means whatsoever, followed by a reduction of such organism to possession. Marine organisms that are caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition, temporary possession of a marine animal for the purpose of measuring it to determine compliance with the minimum or maximum size requirements of this chapter shall not constitute harvesting such animal, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize.

(8)(7) “Harvest for commercial purposes” means the taking or harvesting of any tropical ornamental marine life species or tropical ornamental marine plant for purposes of sale or with intent to sell. The harvest of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limit shall constitute a violation of this rule.

(9)(8) “Immediate family” refers to a license holder’s mother, father, sister, brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter, half-sister, half-brother, son-in-law, or daughter-in-law.

(10)(9) “Land,” when used in connection with the harvest of marine organisms, means the physical act of bringing the harvested organism ashore.

(11)(10) “Live rock” means rock with living marine organisms attached to it.

(12)(11) “Octocoral” means any erect, nonencrusting species of the Subclass Octocorallia, except the species Gorgonia flabellum and Gorgonia ventalina.

(13)(12) “Slurp gun” means a self-contained, handheld device that captures tropical fish by rapidly drawing seawater containing such fish into a closed chamber.

(14)(13) “Total length” means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(15)(14) “Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom. “Roller frame trawl” means a trawl with all of the following features and specifications:

(a) through (e) No change.

(16)(15) “Tropical fish” means any species included in subsection (2) of Rule 68B-42.001, F.A.C., or any part thereof.

(17)(16) “Tropical ornamental marine life species” means any species included in subsection (2) or (3) of Rule 68B-42.001, F.A.C., or any part thereof.

(18)(17) “Tropical ornamental marine plant” means any species included in subsection (4) of Rule 68B-42.001, F.A.C.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.002, Amended 2-1-05, 7-1-06,_________.

 

68B-42.004 Size Limits.

(1) Angelfishes.

(a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the state, or land any of the following species of angelfish (Family Pomacanthidae), of total length outside of the limits specified less than that set forth below:

1. A minimum of oOne-and-one-half (1 1/2) inches inches and a maximum of eight (8) inches for:

a. Gray angelfish (Pomacanthus arcuatus).

b. French angelfish (Pomacanthus paru).

2. A minimum of oOne-and-three-quarters (1 3/4) inches and a maximum of eight (8) inches for:

a. Blue angelfish (Holacanthus bermudensis).

b. Queen angelfish (Holacanthus ciliaris).

3. A minimum of two Two (2) inches and a maximum of five (5) inches for rock beauty (Holacanthus tricolor).

(b) No person shall harvest, possess while in or on the waters of the state, or land any angelfish (Family Pomacanthidae), of total length greater than that specified below:

1. Eight (8) inches for angelfish, except rock beauty (Holacanthus tricolor).

2. Five (5) inches for rock beauty.

(b)(c) Except as provided herein, no person shall purchase, sell, or exchange any angelfish outside smaller than the limits specified in paragraph (a). or larger than the limits specified in paragraph (b). This prohibition shall not apply to angelfish legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters, which angelfish are entering Florida in interstate or international commerce. The burden shall be upon any person possessing such angelfish for sale or exchange 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 any customs receipts, and to show that such angelfish originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) waters adjacent to Florida waters and entered the state in interstate or international 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) through (6) No change.

(7) Tangs – No person shall harvest, possess while on the waters of the state, or land any tangs (Family Acanthuridae) of fork length greater than 9 inches.

(8) Parrotfish – No person shall harvest, possess while on the waters of the state, or land any parrotfish (Family Scaridae) of total length greater than 12 inches.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.004, Amended 6-1-99,________.

 

68B-42.005 Recreational Bag Limit.

(1) Except as provided in Rule 68B-42.006, F.A.C., or subsection (3) or (4) of this rule, no person shall harvest, possess while in or on the waters of the state, or land more than 20 individuals per day of tropical ornamental marine life species, in any combination. No more than 5 of any one species, as defined in subsections 68B-42.001(2) and (3), F.A.C., can be harvested within the 20 organism bag limit. No person shall possess more than 40 total marine life organisms anywhere at any time.

(2) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than one (1) gallon per day of tropical ornamental marine plants, in any combination of species. No person shall harvest or possess more than 2 gallons of tropical ornamental plants anywhere at any time.

(3) through (4) No change.

(5) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 single polyps in the order Corallimorpharia. Each polyp must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(6) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 polyps of the order Zoanthidea. Each zoanthid polyp must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(7) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 ornamental sponges as defined in Rule 68B-42.001, F.A.C. In all state waters north of a line extending due west from the southernmost point of Egmont Key in the Gulf of Mexico, northward and westward these sponges can be collected with substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge.  South of this line, no substrate is allowed.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 1-1-95, Formerly 46-42.005, Amended________.

 

68B-42.006 Commercial Season, Harvest Limits.

(1)(a) Except as provided in Rule subsection 68B-42.008(7), F.A.C., no person shall harvest, possess while in or on the waters of the state, or land quantities of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limits established in Rule 68B-42.005, F.A.C., unless such person is fishing under or harvesting under possesses a valid saltwater products license with both a marine life fishery endorsement and a restricted species endorsement issued by the Fish and Wildlife Conservation Commission.

(b) Notwithstanding Section 379.361(2)(j)2.a., Florida Statutes, effective July 1, 2002, and until July 1, 2005, a marine life fishery endorsement may not be issued, except that those endorsements that were active during the 2001-2002 fiscal year may be renewed.  In 2002 and in subsequent years until July 1, 2005, persons or corporations holding a marine life fishery endorsement that was active in the 2001-2002 fiscal year or an immediate family member of that person must request renewal of the marine life fishery endorsement before September 30 of each year. All provisions of Sections 379.361(2)(j)1., 2. d.-g., and 3., Florida Statutes, shall continue to apply to the issuance and renewal of marine life fishery endorsements with the applicable dates specified in this paragraph.

(2) Persons harvesting tropical ornamental marine life species or tropical ornamental marine plants for commercial purposes shall have a season that begins on October 1 of each year and continues through September 30 of the following year. These persons shall not harvest, possess while in or on the waters of the state, or land tropical ornamental marine life species in excess of the following limits:

(a) No Change.

(b) A limit of 50 75 butterflyfishes (Family Chaetodontidae) per vessel per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 100 aboard a vessel at any time with two of more unique saltwater license numbers with marine life endorsements aboard.

(c) A limit of 75 porkfish (Anisotremus virginicus) per person per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 150 porkfish at any time aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard persons licensed as required in subsection (1).

(d) A limit of 50 Spanish hogfish (Bodianus rufus) and 50 Cuban (spotfin) hogfish (Bodianus pulchellus) per person per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 100 of either at any time aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard persons licensed as required in subsection (1).

(e) A limit of 400 dwarf seahorses (Hippocampus zosterae) per person or per vessel per day, whichever is less.

(f)(e) There shall be no limits on the harvest for commercial purposes of octocorals unless and until the season for all harvest of octocorals in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters is closed. At such time, the season for harvest of octocorals in state waters shall also close until the following October 1, upon notice given by the Executive Director of the Fish and Wildlife Conservation Commission, in the manner provided in Section 120.81(5), Florida Statutes. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral.

(g)(f) A limit of 200 400 giant Caribbean or “pink-tipped” anemones (Genus Condylactus Condylactis) per unique saltwater product license number bearing a unique marine life endorsement number with a maximum possession limit of 400 aboard a vessel at any time with two unique marine life endorsement numbers aboard. vessel per day.

(h)(g) A limit of one gallon of starsnails (Lithopoma americanum, Lithopoma tectum, or Astralium Australium phoebium) per person per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 2 gallons at any time aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard  persons licensed as required in subsection (1).

(i)(h) A limit of one quart of blue-legged or tricolor hermit crabs (Clibanarius tricolor) per person or per vessel each day, whichever is less.

(j) A limit of 100 single polyps in the order Corallimorpharia per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 200 single corallimorph polyps aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard. These polyps must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(k) A limit of 1 gallon of polyps of the order Zoanthidea per  day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of 2 gallons aboard a vessel at any time with two or more unique saltwater products license numbers with the marine life endorsement aboard. Zoanthid polyps must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(l) A limit of 400 emerald crabs (Mithraculus sculptus) per person or per vessel per day, whichever is less.

(m) A limit of one quart of scarlet reef hermits (Paguristes cadenati) per day per unique saltwater products license number with a marine life endorsement, and a maximum possession limit of two quarts aboard a vessel at any time with two or more unique saltwater products license numbers with marine life endorsements aboard.

(n) There is no harvest limit of ornamental sponges as defined in Rule 68B-42.001, F.A.C., however in all state waters north of a line extending due west from the southernmost point of Egmont Key in the Gulf of Mexico, northward and westward these sponges can be collected with substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge.  South of this line, no substrate is allowed.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, Formerly 46-42.006, Amended 6-1-99, 2-28-02,_______.

 

68B-42.0065 Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability.

(1) through (10) No change.

(11) Requalifying. Beginning with license year 2010/2011, a person renewing a marine life transferable dive (MLD) endorsement must document landings of $5,000 of marine life species as defined by Rule 68B-42.001, F.A.C., in one of the previous three license years or hold a live rock state lease or federal permit and have documented live rock landings value of greater than or equal to $5,000 during any one of the previous three license years. This endorsement will be valid for three years from the date of documentation used to qualify, but must still be renewed annually as required by subsection (10).

(12) through (17) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-05, Amended_______.

 

68B-42.007 Gear Specifications and Prohibited Gear.

(1) The following types of gear shall be the only types allowed for the harvest of any tropical fish, whether from state waters or from federal Exclusive Economic Zone (EEZ) waters adjacent to state waters:

(a) through (d) No change.

(e) Quinaldine may be used for the harvest of tropical fish if the person using the chemical or possessing the chemical in or on the waters of the state meets each of the following conditions:

1. The person or corporation must hold a valid MLD or MLN endorsement.

2.1. The person also possesses and maintains aboard any vessel used in the harvest of tropical fish with quinaldine a special activity license authorizing the use of quinaldine, issued by the Fish and Wildlife Conservation Commission pursuant to Section 379.2421(6), Florida Statutes.

3.2. The quinaldine possessed or applied while in or on the waters of the state is in a diluted form of no more than 2% concentration in solution with seawater. Prior to dilution in seawater, quinaldine shall only be mixed with isopropyl alcohol or ethanol.

(f) through (g) No change.

(2) through (3) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 9-30-96, Formerly 46-42.007, Amended_______.

 

68B-42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception; Repeal of Section 370.114 (1995), Florida Statutes.

(1) No change.

(2) Subsection (1) shall not apply to:

(a) No change.

(b) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to permit issued by the Commission for scientific or educational purposes as authorized in Section 379.244(2), Florida Statutes.

(b)(c) Any sea fan, hard or stony coral, or fire coral harvested and possessed pursuant to the aquacultured live rock provisions of paragraph 68B-42.008(3)(a), F.A.C., Chapter 597, Florida Statues, or pursuant to a Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Section 622.41(a) Part 638 and meeting the following requirements:

1. Persons possessing these species in or on the waters of the state shall also possess a state submerged lands lease for live rock aquaculture and an Aquaculture Certificate of Registration issued pursuent to Chapter 5L-3, F.A.C. a Commission permit for live rock culture deposition and removal or a federal Live Rock Aquaculture Permit and an Aquaculture Certificate of Registration issued pursuent to Chapter 5L-3, F.A.C. If the person possessing these species is not the person named in the documents required herein, then the person in such possession shall also possess written permission from the person so named to transport aquacultured live rock pursuant to this exception.

2. The nearest office of the Fish and Wildlife Conservation Commission, Division of Law Enforcement Florida Marine Patrol shall be notified at least 24 hours in advance of any transport in or on state waters of aquacultured live rock pursuant to this exception.

3. No change.

4. Any sea fan, hard or stony coral, or fire coral harvested pursuant to paragraph 68B-42.008(3)(a), F.A.C., shall remain attached to the cultured rock.

(3) It is the intent of this rule to effect the repeal and replacement of Section 370.114, Florida Statutes (1995). The Commission has determined that the repeal of this statute will not adversely affect the marine coral resources of the State of Florida.

Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-95, Amended 7-15-96, Formerly 46-42.009, Amended_______.

 

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: Mark Robson, 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 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December, 26, 2008