The purpose of these rule amendments is to make bonefish a catch-and release-only fishery and allow temporary possession of bonefish for photographs, measuring, and weighing. The rule amendments would also create a tournament exemption permit that ...

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
68B-34.004: Temporary Possession of Bonefish
68B-34.005: Bonefish Tournaments, Exemptions
PURPOSE AND EFFECT: The purpose of these rule amendments is to make bonefish a catch-and release-only fishery and allow temporary possession of bonefish for photographs, measuring, and weighing. The rule amendments would also create a tournament exemption permit that would allow bonefish to be temporarily possessed and transported to a weigh station for tournament purposes.
The effect of these rule amendments would be to provide additional protection for bonefish by prohibiting harvest of bonefish, while still allowing temporary possession of bonefish for record purposes and for tournament weigh-in purposes.
SUMMARY: Rule 68B-34.002, F.A.C. (Definitions) would be amended to include definitions for organized tournament, person, and target. The definition of harvest would be modified to remove an allowance for temporary possession of a fish for measuring to determine compliance with size limits. Definitions of land and total length would be removed. Rule 68B-34.003, F.A.C. (Bonefish Size Limit; Bag and Possession Limits; Exception, Gear Restriction) would be renamed Bonefish Gear Restriction; Harvest Prohibited and would be modified to eliminate the size, harvest, and possession limits for bonefish and the requirement for bonefish to be landed in whole condition. This section would also be amended to clarify that bonefish may only be targeted with hook and line gear. Rule 68B-34.004, F.A.C. (Temporary Possession of Bonefish) would be created to establish a temporary possession limit of one bonefish per person at any one time. Bonefish would be required to be immediately released free, alive, and unharmed, but could be photographed, measured, and weighed at the site of capture prior to release. Rule 68B-34.005, F.A.C. (Bonefish Tournaments, Exemptions) would create a tournament exemption permit that may be issued to the director of an organized catch-and-release tournament in which bonefish are temporarily possessed and transported to a certified scale for a tournament. This section would outline permit conditions, application criteria, and reporting requirements. An application form for the tournament exemption permit would also be created.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will have an impact on small business. An SERC has 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: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 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, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-34.002 Definitions.

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

(2) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught, but immediately returned to the water free, alive, and unharmed are not harvested. Temporary possession of a fish for the purpose of measuring it to determine compliance with size limits imposed by this chapter shall not constitute harvest, provided it is measured immediately after taking and immediately returned to the water free, alive, and unharmed if undersized.

(3) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale, barter, trade, or exchange, or with intent to sell, barter, trade, or exchange, or in excess of established bag limits.

(4) “Organized tournament,” as used in this chapter, means a fishing competition held in the State of Florida that involves ten or more participants, has written rules and regulations, requires an entry fee, and awards prizes to competitors. “Land” when used in connection with the harvest of fish, means the physical act of bringing the harvested fish ashore.

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

(6) “Target” means attempting to catch or take a fish by any means whatsoever.

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 3-1-88, Amended 1-1-98, Formerly 46-34.002, Amended 3-1-05, 7-1-06, 7-1-11.

 

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

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

(2) Bonefish may only be targeted within or without the state with hook and line gear. No person shall kill or harvest within or without the state more than one bonefish per day, nor possess more than one bonefish at any time.

(3) The possession limit imposed by this rule shall not apply to bonefish kept on the premises of a taxidermist for the limited purpose of mounting bonefish for the harvesters thereof, so long as each such fish is clearly labeled to indicate the name and address of the owner.

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

(3)(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, 2011

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, 7-1-11.

 

68B-34.004 Temporary Possession of Bonefish.

Bonefish may be temporarily possessed within or without the state with the following provisions:

(1) Bonefish may be temporarily possessed only for purposes of photographing, measuring, and weighing with a hand-held scale at the site of capture.

(2) No person shall possess more than one bonefish at any one time.

(3) All bonefish must be released to the water free, alive, and unharmed in the immediate area of where they were caught, immediately after photographing, measuring, or weighing, except as provided for in Rule 68B-34.005, F.A.C.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-11.

 

68B-34.005 Bonefish Tournaments, Exceptions.

(1) The Executive Director of the FWC, or his designee, shall issue a tournament exemption permit to the director of an organized tournament to allow for the temporary posession and transport of bonefish when such tournament will allow catch-and-release fishing for bonefish and when an applicant agrees to comply with the following provisions:

(a) Tournament anglers and tournament staff agree to attempt to release all bonefish free, alive, and unharmed, including those fish that are weighed-in.

(b) Tournament anglers and tournament staff shall transport bonefish to the location of a certified scale in recirculating or aerated live wells that are at least 2.67 cubic feet or 20 gallons in capacity and all vessels used in the organized tournament shall contain such a live well.

(c) Bonefish may be transported to shore only to be weighed, measured, and recorded at a certified scale.

(d) No person shall possess more than one bonefish at any one time and no more than two bonefish may be possessed aboard a vessel at any one time.

(e) Organized tournament staff shall maintain at least one aerated or recirculating recovery tank at each certified scale and tournament check-in location. Organized tournament staff may hold up to one bonefish per 10 gallons of seawater in such a recovery tank prior to release. Bonefish must be released by official sunset each day of the tournament, as established and published by the U.S. Weather Service, and may not be possessed longer than 16 hours. Recovery holding tank requirements will be specified in the tournament exemption permit by the FWC in a manner to insure increased survival of released bonefish.

(f) The organized tournament must provide the FWC in the tournament exemption permit application with a description of the aerated or recirculating recovery tank(s) used to maintain bonefish alive after weigh-in.

(g) The organized tournament must suggest to the FWC in the tournament exemption permit application a description of the location where tournament-caught bonefish will be released after they are weighed in. In order to increase survival of released bonefish, release locations shall be approved or specified in the tournament exemption permit. Release of any bonefish maintained by tournament staff in the recovery tank described above shall be at locations specified in the tournament exemption permit in order to increase survival of released bonefish.

(h) The tournament permit holder shall submit a post-tournament report to the FWC indicating the number of fish weighed in each day of the tournament, the number of fish weighed in dead each day, and the number of fish that died after being weighed in, prior to release each day. Tournament anglers shall report and surrender any bonefish that die after capture or during transport to tournament staff. The FWC may specify additional tournament reporting requirements as a condition of the tournament exemption permit.

(i) The organized tournament must allow FWC staff the opportunity to collect research data and conduct research and monitoring during the tournament.

(2) Application for issuance of a tournament exemption permit shall be made on a form provided by the FWC (Form DMF-SL6000 (4-11), incorporated herein by reference and available online at www.MyFWC.com/License).

(3) All anglers participating in an organized tournament for which a bonefish tournament exemption permit has been issued shall fish from vessels that meet the requirements in paragraph (1)(b) and shall have a copy of the permit in his or her possession at all times during tournament operating hours.

(4) Any anglers participating in an organized tournament that has been issued a tournament exemption permit must comply with the provisions of the permit.

(5) Any violation of the conditions and requirements specified within the tournament exemption permit will be considered a violation of this rule and permits issued under this section are subject to the provisions of Rule 68A-5.004, F.A.C., such as denial of future tournament exemption permits.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 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, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [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: February 18, 2011