The purpose of these rule amendments is to include all species of bonefish in state regulations, clarify that bonefish regulations apply within or without the state of Florida, and require bonefish to be landed in whole condition. The effects of ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-34.002: Definitions
68B-34.003: Bonefish Size Limit; Bag and Possession Limits; Exception, Gear Restriction
PURPOSE AND EFFECT: The purpose of these rule amendments is to include all species of bonefish in state regulations, clarify that bonefish regulations apply within or without the state of Florida, and require bonefish to be landed in whole condition.
The effects of these rule amendments are to protect all species of bonefish found in waters off Florida and facilitate enforcement of bonefish regulations. Additionally, these rule amendments will extend Florida state regulations for bonefish into federal waters and protect bonefish from illegal sales or importation.
SUMMARY: Rule 68B-34.002, F.A.C., (Definitions) would be amended to include all species of the family Albulidae in the definition of “bonefish” and add a definition of “land.” Rule 68B-34.003, F.A.C., (Bonefish Size Limit; Bag and Possession Limits; Exception, Gear Restriction) would be amended to clarify that the size limit, bag and possession limits, gear restrictions, and prohibition of harvest of bonefish for commercial purposes apply within or without the state of Florida and specify that bonefish shall be landed in whole condition.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ___ or will not X have an impact on small business. A SERC has ___ or has not X 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.
SPECIFIC 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: April 28-29, 2010, each day, during the regular meeting of the Commission, 8:30 a.m. – 5:00 p.m.
PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333
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, [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: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-34.002 Definitions.

(1) “Bonefish” means any fish of the family Albulidae species Albula vulpes, or any part thereof.

(2) through (3) No change.

(4) “Land” when used in connection with the harvest of fish, means the physical act of bringing the harvested fish ashore.

(5)(4) “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.

PROPOSED EFFECTIVE DATE: July 1, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-88, Amended 1-1-98, Formerly 46-34.002, Amended 3-1-05, 7-1-06, 7-1-10.

 

68B-34.003 Bonefish Size Limit; Bag and Possession Limits; Exception, Gear Restriction.

(1) No person shall harvest within or without in or from the waters of the state at any time, or unnecessarily destroy, any bonefish of total length less than 18 inches.

(2) No person shall kill or harvest within or without from the waters of the state more than one bonefish per day, nor possess more than one bonefish at any time.

(3) No change.

(4) The harvest or attempted harvest of any bonefish within or without the state in or from state waters is prohibited except by use of hook and line gear.

(5) The harvest or possession of bonefish taken within or without the state for commercial purposes is prohibited.

(6) All bonefish harvested from Florida and federal waters shall be landed in whole condition. The possession of bonefish whether taken within or without the state, that have been deheaded, sliced, scaled, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or “gutting” of bonefish, or mere removal of gills from bonefish before landing is not prohibited.

PROPOSED EFFECTIVE DATE: July 1, 2010.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-88, Amended 1-1-98, Formerly 46-34.003, Amended 3-1-05, 7-1-10.

 

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: February 18, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 5, 2010