The primary purpose of these rule amendments is to protect the snook resources in Florida by modifying the allowable months for harvesting snook on the Gulf coast, modifying the existing size limit for snook on both the Gulf and Atlantic coast, ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-21.0015: Definitions
68B-21.003: Prohibition of Sale of Snook
68B-21.004: Seasons
68B-21.005: Size Limits
68B-21.006: Bag and Possession Limits. -
68B-21.007: Restrictions on Gear and Methods Used to Take Snook
PURPOSE AND EFFECT: The primary purpose of these rule amendments is to protect the snook resources in Florida by modifying the allowable months for harvesting snook on the Gulf coast, modifying the existing size limit for snook on both the Gulf and Atlantic coast, decreasing the bag limit to one snook per day on the Atlantic coast, and allowing the possession of stowed multiple cast nets on board a vessel from which snook fishing is occurring. The effect is to maintain a high quality fishery for snook and try to achieve the Commission’s management goal of 40% spawning potential ratio (SPR). Additional secondary purposes are to revise definitions and update a reference to the rule governing snook aquaculture Special Activities Licenses.
SUMMARY: The definitions in Rule 68B-21.0015, F.A.C. are amended to more clearly specify the regions of the state where different regulations apply. Rule 68B-21.003, F.A.C. is amended to update a reference to the rule governing snook aquaculture Special Activities Licenses. Rule 68B-21.004, F.A.C. is amended to reduce the length of the existing open season for snook on the Gulf coast by eliminating the first half of December and the month of February. This proposed rule change would result in an open season for snook on the Gulf coast consisting of March, April, September, October and November. Rule 68B-21.005, F.A.C. is amended to adjust the legal size limit for snook on the Gulf coast from 27-34” to 28-33” and on the Atlantic coast from 27-34” to 28-32”. Rule 68B-21.006, F.A.C. is amended to decrease the daily bag limit for snook on the Atlantic coast from two (2) fish to one (1) fish. Rule 68B-21.007, F.A.C. is amended to allow the possession of multiple cast nets on board a vessel while fishing for snook.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: During the regular meeting of the Commission, June 13-14, 2007, 8:30 a.m. until 5:00 p.m., each day
PLACE: Radisson Suite Hotel Oceanfront, 3101 North Highway A1A, Melbourne, FL 32903
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-21.0015 Definitions.

(1) “Atlantic Region” means all state waters of the Atlantic Ocean north and east of the Dade-Monroe County line, and all inland waters or part of the counties encompassed by the St. Johns Water Management District, and the South Florida Water Management District, except Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, and Monroe County, but including all waters of Lake Okeechobee and the Kissimmee River.

(2) No change.

(3) “Gulf Region” means all state waters of the Gulf of Mexico, the inland waters of Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, Monroe County and all or part of counties encompassed by the Southwest Florida Water Management District, the Suwannee River Water Management District, and the Northwest Florida Water Management District, and all waters of Everglades National Park, but excluding all waters of Lake Okeechobee and the Kissimmee River.

(4) through (8) No change.

(9) “State waters of the Atlantic Ocean” means all waters of the state in the Atlantic Region, including all state waters of the Atlantic Ocean and all inland waters of the region, including all waters of Lake Okeechobee and the Kissimmee River.

(10) “State waters of the Gulf of Mexico” means all waters of the state in the Gulf Region, including all state waters of the Gulf of Mexico and all inland waters of the region, excluding all waters of Lake Okeechobee and the Kissimmee River.

(9)(11) “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.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-9-87, Amended 1-1-98, Formerly 46-21.0015, Amended 1-1-02, 5-13-02, 7-1-06,__________.

 

68B-21.003 Prohibition of Sale of Snook.

(1) It is unlawful for any person, firm or corporation to buy, sell, trade, barter or exchange snook in any form or manner, or to receive anything of value for any snook with or without changing possession thereof, except as provided in Rule 68B-8.012 68B-21.008, F.A.C.

(2) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.003, Amended 5-13-02,________.

 

68B-21.004 Seasons.

(1) No person, firm or corporation shall kill, harvest or have in its possession, regardless of where taken, any snook during the following closed periods, in the indicated areas:

(a) No change.

(b) In all state waters of the Atlantic Region Ocean  north and east of the Dade-Monroe County Line, except in waters of Everglades National Park, during the months of June, July or August.

(c) In all state waters of the Gulf Region Atlantic Ocean south and west of the Dade-Monroe County Line, in all state waters of the Gulf of Mexico, and in waters of Everglades National Park, during the first 14 days of the month of December, and during the months of February, May, June, July, or August.

(2) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, Formerly 46-21.004, Amended 1-1-02,________.

 

68B-21.005 Size Limits.

(1) It is unlawful for any person, firm or corporation to kill, harvest or possess any snook that measures less than twenty-eight (28") twenty-seven inches (27") or greater than thirty-two inches (32") thirty-four inches (34") in total length in the Atlantic Region and less than twenty eight inches (28") or greater than thirty-three inches (33") in the Gulf Region.

(2) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 12-31-98, Formerly 46-21.005, Amended 7-1-06, 7-19-06,_________.

 

68B-21.006 Bag and Possession Limits.

(1) In all state waters of the Atlantic Region Ocean north and east of the Dade-Monroe County Line, except in waters of Everglades National Park, no person, firm or corporation shall kill or harvest more than one (1) two (2) snook per day during the open season, nor possess more than one (1) two (2) snook at any time during the open season.

(2) In all state waters of the Atlantic Ocean south and west of the Dade-Monroe County Line, in all state waters of the Gulf Region of Mexico, and in waters of Everglades National Park, no person, firm, or corporation shall kill or harvest more than one (1) snook per day during the open season, nor possess more than one (1) snook at any time during the open season.

(3) through (4) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 3-1-94, 12-31-98, Formerly 46-21.006, Amended 1-1-02,_________.

 

68B-21.007 Restrictions on Gear and Methods Used to Take Snook.

(1) through (2) No change.

(3) It is unlawful for any person, firm, or corporation while fishing, using, transporting or possessing any net, seine, trap or other fishing device not specifically permitted in subsection (1) of this rule to have in its possession any snook. This prohibition shall not apply to possession aboard a vessel of a single cast nets if they are it is secured and stored off the deck of the vessel. Any snook accidentally accidently taken by any trap, net or seine shall not be deemed to be possessed in violation of this rule if such snook is immediately returned to the water free, alive and unharmed.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 1-1-98, Formerly 46-21.007, Amended 6-29-00,__________.

 

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
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2007