The purpose and effect of the proposed rules is to allow for greater fishing opportunity for recreational anglers in the northern areas of Florida, where the red drum population stocks are exceeding the Commission’s management goals. The proposed ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

Rule No. : RULE TITLE :
68B-22.002: Definitions
68B-22.005: Bag and Possession Limits; Sale Prohibited
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to allow for greater fishing opportunity for recreational anglers in the northern areas of Florida, where the red drum population stocks are exceeding the Commission’s management goals. The proposed rule raises the recreational red drum bag limit from one fish to two fish per day in the northeast and northwest areas of Florida. The proposed rules will also establish a statewide vessel limit and clarify the off-water possession limit language in order to strengthen the Commission’s red drum rule.
SUMMARY: Rule 68B-22.002, F.A.C. (Definitions) would be amended by adding definitions for “Northeast Region,” “Northwest Region,” and “South Region.” Rule 68B-22.005, F.A.C. (Bag and Vessel Limits; Sale Prohibited) would be amended by increasing the bag limit to two red drum for recreational anglers in the two northern areas. It would also be amended by modifying the off-water possession limit language so that the applicable bag limit would apply adjacent to fishing areas. A vessel limit of 8 fish statewide would also be added to this section.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An 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 April 6-7, 2011, 8:30 a.m. – 5:00 p.m., each day
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, 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: 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-22.002 Definitions.

(1) through (6) No change.

(7) “Northeast Region” means all state waters lying north of the Flagler-Volusia County Line to the Florida-Georgia border, and adjacent federal Exclusive Economic Zone (EEZ) waters.

(8) “Northwest Region” means all state waters north and west of a line running due west from the westernmost point of Fred Howard Park Causeway (28°9.35'N., 82°48.398'W.), which is approximately 1.17 miles south of the Pasco-Pinellas County Line, to the Florida-Alabama border, and adjacent federal Exclusive Economic Zone (EEZ) waters.

(9)(7) “Person” means any natural person, firm, entity or corporation.

(10)(8) “Red drum” or “redfish” means any fish of the species Sciaenops ocellatus, or any part thereof. “Native redfish” means any redfish harvested from waters subject to the jurisdiction of the Fish and Wildlife Conservation Commission and the State of Florida.

(11) “South Region” means state waters lying between the Flagler-Volusia County Line on the Atlantic Ocean and the southern boundary of the Northwest Region on the Gulf of Mexico in Pinellas County, as specified in subsection (8), and adjacent federal Exclusive Economic Zone (EEZ) waters.

(12)(9) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

(13)(10) “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.

(14)(11) “Vessel” means and includes every description of water craft used or capable of being used as a means of transportation on water, including nondisplacement craft and any aircraft designed to maneuver on water.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-12-85, Amended 2-12-87, 1-1-89, 1-1-96, 1-1-98, Formerly 46-22.002, Amended 3-17-04, 7-1-06, Amended 7-1-11.

 

68B-22.005 Bag and Vessel Possession Limits; Sale Prohibited.

(1) Northwest and Northeast Regional Bag Limits – Except as provided for in Rule 68B-22.007, F.A.C., in the northeast and northwest regions, no person shall harvest nor possess more than two one native redfish per day, nor possess more than one native redfish while in, on, or above the waters of the state or on any dock, pier, bridge, beach, boat ramp, or other fishing site adjacent to such waters, and any parking location adjacent to said fishing sites. Elsewhere, no person shall possess more than two native redfish at any time.

(2) South Regional Bag Limit – Except as provided for in Rule 68B-22.007, F.A.C., in the south region, no person shall harvest nor possess more than one native redfish per day while in, on, or above the waters of the state or on any dock, pier, bridge, beach, boat ramp, or other fishing site adjacent to such waters, and any parking location adjacent to said fishing sites.

(3) Vessel Limit – Notwithstanding subsections (1) and (2) above, no more than 8 red drum shall be possessed aboard any vessel in or on state waters at any time.

(4)(2) Sale of Native Redfish Prohibited – The purchase, sale, or exchange of any native redfish is prohibited. This prohibition, however, does not apply to legally harvested non-native redfish that have entered the State of Florida in interstate commerce. The burden shall be upon any person possessing such redfish 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 to show that such redfish originated from a point outside the waters of the State of Florida, and entered the state in interstate 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.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-12-87, Amended 1-1-89, 6-3-91, 1-1-96, Formerly 46-22.005, Amended 3-17-04, Amended 7-1-11.

 

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, 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 23, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010.