The purpose of this rule amendment is to provide for the further conservation of tripletail by modifying the regulations found in 68B-49, Florida Administrative Code. The effect of this rule will be to increase the minimum size limit for tripletail ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-49.001 Designation as a Restricted Species

68B-49.003 Size Limit; Landed in Whole Condition Requirement

68B-49.004 Bag and Vessel Limits; Bycatch Allowance

68B-49.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch Exception

PURPOSE AND EFFECT: The purpose of this rule amendment is to provide for the further conservation of tripletail by modifying the regulations found in Rule Chapter 68B-49, Florida Administrative Code. The effect of this rule will be to increase the minimum size limit for tripletail from 15 inches total length to 18 inches total length. The rule will also extend the Florida Fish and Wildlife Conservation Commission’s (Commission) current and proposed tripletail regulations into federal waters off Florida.

SUMMARY: This rule will increase the tripletail minimum size limit to 18 inches total length to ensure the continued sustainability as interest in the tripletail fishery grows. This rule will also extend the Commission’s tripletail regulations into federal waters off Florida.

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 April 25-26, 2018, 8:30 a.m. – 5:00 p.m. each day

PLACE: Marriott Fort Lauderdale North, 6650 North Andrews Avenue, Ft. Lauderdale, Florida 33309

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-49.001 Designation as a Restricted Species; Applicability of Rules to State and Federal Waters.

(1) Tripletail is hereby designated a restricted species pursuant to Section 379.101(32), F.S.

(2) The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-98, Formerly 46-49.001, Amended 7-1-06, 9-1-13, __________.

 

68B-49.003 Size Limit; Landed in Whole Condition Requirement.

(1) Size Limit – A person may not harvest or possess within or without land from Florida Waters, or land possess in or on Florida Waters a tripletail that is less than 18 15 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting tripletail shall land each tripletail in whole condition. A person may not possess within or without in or on Florida Waters a tripletail that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a tripletail, or removal of gills from a tripletail.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-98, Formerly 46-49.003, Amended 9-1-13, __________.

 

68B-49.004 Bag and Vessel Limits; Bycatch Allowance.

(1) Recreational Bag Limit – A recreational harvester may not harvest or possess within or without land from Florida Waters or land more than 2 tripletail per day or possess in or on Florida Waters more than 2 tripletail.

(2) Commercial Limits –

(a) Commercial Bag Limit – A commercial harvester may not harvest or possess within or without land from Florida Waters or land more than 10 tripletail per day, or possess in or on Florida Waters more than 10 tripletail.

(b) Commercial Vessel Limit – The commercial harvesters aboard a vessel within or without in or on Florida Waters may not collectively possess more than 10 tripletail, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of tripletail in excess of the applicable bag limits.

(c) No change.

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

 

68B-49.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch Exception.

(1) Allowed Gear and Method of Harvest – A person may harvest a tripletail within or without from Florida Waters only by or with the use of hook and line gear.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest a tripletail within or without from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest tripletail within or without from Florida Waters.

(c) A person may not harvest within or without from Florida Waters a tripletail by spearing or snagging the tripletail.

(3) No change.

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

PROPOSED EFFECTIVE DATE: July 1, 2018

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 08, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018