The Florida Fish and Wildlife Conservation Commission is changing to recreational dolphin bag and vessel limits in Atlantic state waters in response to stakeholder concerns about the status of the dolphin fishery. In recent ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-41.002Definitions

68B-41.004Bag and Vessel Limits; Bycatch Allowance

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission is changing to recreational dolphin bag and vessel limits in Atlantic state waters in response to stakeholder concerns about the status of the dolphin fishery. In recent years, charter captains and anglers have raised concerns about the declines in size and abundance of dolphin in southeast Florida and the Keys, and these observations are supported by Fish and Wildlife Research Institute’s recreational landings analyses.

The purpose of these rule changes is to provide additional conservation measures for dolphin and help address stakeholder concerns.

The effect of the rule amendments is to reduce the recreational bag limit from 10 to 5 fish per person and reduce the private recreational vessel limit from 60 to 30 fish per vessel for Atlantic state waters. The rule amendments also clarify that captain and crew are prohibited from retaining a bag limit on for-hire trips statewide.

SUMMARY: These rule amendments modify the dolphin recreational bag and vessel limits for dolphin in Atlantic state waters. Additionally, the proposed rules clarify that captain and crew are prohibited from retaining a bag limit on for-hire trips statewide.

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.

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 March 2-3, 2022, 8:30 a.m. – 5:00 p.m. each day

PLACE: Tampa Convention Center, Ballroom D, 333 S. Franklin Street, Tampa, Florida 33602

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-41.002 Definitions.

(1) “Atlantic Ocean” means all state waters along the east coast of Florida lying between the Florida-Georgia border and 83° West Longitude (near the Dry Tortugas Islands).

(2) “Dolphin” means a fish of the species Coryphaena hippurus or Coryphaena equiselis, or any part thereof.

(3) “Gulf of Mexico” means that body of water north and west of the line described in the definition of “Atlantic Ocean” contained in subsection (1) of this rule.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-15-96, 1-1-98, Formerly 46-41.002, Amended 1-3-05, 9-1-13, 5-1-22.

68B-41.004 Bag and Vessel Limits; Bycatch Allowance.

(1) Recreational Limits –

(a) Bag Limit –

1. Gulf of Mexico. A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 10 dolphin.

2. Atlantic Ocean. A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 5 dolphin.

(b) Private Vessel Limit –

1. Gulf of Mexico. Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 60 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.

2. Atlantic Ocean. Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 30 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.

(c) Vessel for Hire Limit – Possession of more than the daily bag limit of dolphin multiplied by the number of customers fishing aboard any Vessel for Hire is prohibited. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limit. In all Florida Waters of the Gulf of Mexico and Atlantic Ocean, the daily bag and possession limit for captains and crew on for-hire vessels is zero.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Formerly 46-41.004, Amended 1-3-05, 9-1-13, 5-1-22.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2021