The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) Billfish rules. The Billfish Chapter (68B-33) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-33.001Purpose and Intent

68B-33.002Definitions

68B-33.003Marlin and Sailfish Possession Limits; Prohibition of Harvest for Spearfish; Prohibition of Sale; Exception; Gear Restrictions

68B-33.0034Swordfish: Recreational Bag and Possession Limits

68B-33.0035Swordfish: Federal Permit Required for Sale

68B-33.004Size Limits

68B-33.0041Prohibition on Harvest

68B-33.005Billfish and Swordfish: Recreational Catch Reporting

68B-33.006Allowed and Prohibited Gear and Method of Harvest; Prohibited Simultaneous Possession with Certain Types of Gear

68B-33.007Prohibited Sale and Purchase; Exception to Prohibited Sale and Possession Limits

68B-33.011Reporting Requirements for Non-tournament Landings

PURPOSE AND EFFECT: The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) Billfish rules. The Billfish Chapter (68B-33) has been reformatted to simplify the rule language and the swordfish portion of this chapter has been removed and relocated to Chapter 68B-58, F.A.C., making the chapter easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.

The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.

SUMMARY: Chapter 68B-33 (Billfish) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.
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 DATES, TIMES AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

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-33.001 Purpose and Intent.

The purpose and intent of this chapter are to protect and conserve Florida’s billfish and spearfish swordfish resources and increase public awareness of and concern for billfish and spearfish through promotion of catch-and-release and other conservation practices and prohibition of sale.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Formerly 46-33.001, Amended 10-1-02, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-33.001 follows. See Florida Administrative Code for present text.)

 

68B-33.002 Definitions.

As used in Chapter 68B-33, F.A.C.: “Billfish” means any of the following species, or a part thereof:

(1) Makaira nigricans (blue marlin);

(2) Kajikia albidus (white marlin);

(3) Istiophorus platypterus (sailfish); or

(4) Tetrapturus georgei (roundscale spearfish).

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Formerly 46-33.002, Amended 8-26-99, 10-1-02, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-33.003 follows. See Florida Administrative Code for present text.)

 

68B-33.003 Size Limits; Landed in Whole Condition Requirement Marlin and Sailfish Possession Limits; Prohibition of Harvest for Spearfish; Prohibition of Sale; Exception; Gear Restrictions.

(1) Billfish Size Limits –

(a) Blue Marlin Size Limit – A person may not harvest from Florida Waters, possess while in or on Florida waters or land a blue marlin that is less than 99 inches in lower jaw fork length.

(b) White Marlin and Roundscale Spearfish Size Limit – A person may not harvest from Florida Waters, possess while in or on Florida Waters or land a white marlin or roundscale spearfish that is less than 66 inches in lower jaw fork length.

(c) Sailfish Size Limit – A person may not harvest from Florida Waters, possess while in or on Florida waters or land a sailfish that is less than 63 inches in lower jaw fork length.

(2) Landed in Whole Condition Requirement – A person harvesting billfish shall land each billfish in whole condition. A person may not possess in or on Florida Waters a billfish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a billfish or removal of gills from a billfish.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Amended 7-15-96 Formerly 46-33.003, Amended 8-26-99, 7-1-12, Amended 9-1-13.

 

68B-33.0034 Swordfish: Recreational Bag and Possession Limits.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-2-03, Amended 8-3-10, Repealed 9-1-13.

 

68B-33.0035 Swordfish: Federal Permit Required for Sale.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-02, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-33.004 follows. See Florida Administrative Code for present text.)

 

68B-33.004 Recreational Aggregate Bag Limit for Billfish; Commercial Harvest Prohibited Size Limits.

(1) Recreational Aggregate Bag Limit – A person may not harvest from Florida Waters, possess in or on Florida Waters or land more than 1 billfish per day. Except as provided in Section 68B-33.007(2), F.A.C., a person may not possess more than 1 billfish in the state of Florida at any time.

(2) Commercial Harvest Prohibited – A person may not harvest a billfish for commercial purposes from Florida Waters or possess a billfish for commercial purposes in or on Florida Waters. This provision will not be construed to prohibit billfish tournaments that award monetary or other prizes, if the tournament and associated fishing activities are conducted in compliance with the applicable regulations.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-99, Amended 10-1-02, 4-2-03, 8-3-10, 7-1-12, Amended 9-1-13.

 

68B-33.0041 Prohibition on Harvest.

A person may not harvest from Florida Waters, or possess in or on Florida Waters, or land a longbill spearfish (Tetrapturus pfluegeri) or a Mediterranean spearfish (Tetrapturus belone) or any part thereof.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

68B-33.005 Billfish and Swordfish: Recreational Catch Reporting.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-2-03, Repealed 9-1-13.

 

68B-33.006 Allowed and Prohibited Gear and Method of Harvest; Prohibited Simultaneous Possession with Certain Types of Gear.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a billfish from Florida Waters only by or with the use of hook and line gear.

(2) Prohibition of Simultaneous Possession with Certain Types of Gear – Simultaneous possession in or on Florida Waters of a billfish together with any gill or entangling net or longline gear is prohibited.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

68B-33.007 Prohibited Sale and Purchase; Exception to Prohibited Sale and Possession Limits.

(1) Prohibited Purchase and Sale – Except as provided in subsection (2), a person may not purchase or sell a billfish.

(2) Exception to Sale, Purchase, and Possession Restrictions – A person may not exchange a portion of the billfish for the services provided pursuant to this subsection.

(a) A person may keep a billfish on the premises of a seafood dealer if:

1. It is for the sole purpose of smoking the billfish for the recreational harvester who harvested the billfish; and

2. The billfish is clearly labeled in a way that displays the name and address of the recreational harvester who harvested the billfish.

(b) A taxidermist may transport a billfish or keep a billfish on the premises of a taxidermy business if:

1. It is for the sole purpose of mounting the billfish for the recreational harvester who harvested the billfish; and

2. The billfish is clearly labeled in a way that displays the name and address of the recreational harvester who harvested the billfish.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

68B-33.011 Reporting Requirement for Non-tournament Landings.

A person who harvests a billfish from Florida Waters shall report the landing of the billfish as required by 50 C.F.R. 635.5(c)(2), unless the person harvested the billfish as a participant in a fishing competition in which participants must register or an award is offered for catching or landing a billfish.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

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.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, 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: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012