The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) dolphin rules. The dolphin Chapter (68B-41) has been reformatted to simplify the rule language ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-41.001Designation as a Resticted Species

68B-41.002 Definitions

68B-41.003Size Limit, Prohibition of Sale

68B-41.004Recreational Bag and Possession Limits; Commercial Trip Limits

68B-41.005Gear Specifications and Prohibited Gear; Bycatch Allowance

68B-41.006Commercial Permit Requirements

68B-41.007Prohibited Sale; Vessel for Hire Exception

68B-41.009 License Requirements for Commercial Harvest

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) dolphin rules. The dolphin Chapter (68B-41) has been reformatted to simplify the rule language and the wahoo portion of this chapter has been removed and relocated to chapter 68B-57, 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 Additionally, rule language has been clarified and outdated language has been removed.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-41 (Dolphin) 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:

DATES AND TIMES: 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-41.001 Designation as a Restricted Species.

Dolphin are hereby designated as restricted species pursuant to Section 379.101(32), F.S.

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.

 

(Substantial rewording of Rule 68B-41.002 follows. See Florida Administrative Code for present text.)

 

68B-41.002 Definitions.

As used in Chapter 68B-41, F.A.C.:

(1) “Atlantic Ocean” means all state waters along the east coast of Florida lying between the Florida-Georgia border and 83° West Longitude (near the Dry Tortugas Islands).

(2) “Dolphin” means a fish of the species Coryphaena hippurus or Coryphaena equiselis, or any part thereof.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-15-96, 1-1-98, Formerly 46-41.002, Amended 1-3-05, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-41.003 follows. See Florida Administrative Code for present text.)

 

68B-41.003 Regional Recreational Size Limits; Commercial Size Limits; Landed in Whole Condition Requirement Prohibition of Sale.

(1) Recreational Size Limit in the Atlantic Ocean – A recreational harvester may not harvest or land from the Atlantic Ocean or possess in or on the Atlantic Ocean a dolphin that is less than 20 inches in fork length.

(2) Commercial Size Limit in Florida Waters – A commercial harvester may not harvest or land from Florida Waters or possess in or on Florida Waters a dolphin that is less than 20 inches in fork length.

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

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Formerly 46-41.003, Amended 1-3-05, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-41.004 follows. See Florida Administrative Code for present text.)

 

68B-41.004 Recreational Bag and Vessel Possession Limits; Bycatch Allowance Commercial Trip Limits.

(1) Recreational Limits –

(a) Bag Limit – A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 10 dolphin.

(b) Private Vessel Limit – Except as provided in paragraph (1)(c), the recreational harvesters aboard a vessel in or on Florida Waters may not collectively possess or land more than 60 dolphin, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limits.

(c) Vessel for Hire Limit – Possession of more than the daily bag limit of dolphin multiplied by the number of customers fishing aboard any Vessel for Hire is prohibited. This provision will not be construed to authorize harvest or possession of dolphin in excess of the applicable bag limit.

(2) Commercial Limits –

(a) Atlantic Ocean – Except as provided in paragraph (2)(c), the harvest and possession limits established in paragraph (1)(a) do not apply to a commercial harvester who is harvesting dolphin from the Atlantic Ocean pursuant to a valid federal commercial permit issued pursuant to 50 C.F.R. 622.4(a)(2)(xii) in addition to a valid saltwater products license with a restricted species endorsement. In the Atlantic Ocean, a commercial harvester must comply with all federal dolphin limits that would otherwise apply to the commercial harvester in federal waters.

(b) Other Florida Waters – Except as provided in paragraph (2)(c), the harvest and possession limits established in paragraph (1)(a) do not apply to a commercial harvester who is harvesting dolphin from Florida Waters other than the Atlantic Ocean.

(c) Bycatch Allowance – A commercial harvester may not harvest or land per day or possess more than 10 dolphin that were harvested pursuant to subsection 68B-41.006(3), F.A.C., as incidental bycatch of gear that is being used to lawfully harvest another target species.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Formerly 46-41.004, Amended 1-3-05, Amended 9-1-13.

 

68B-41.005 Gear Specifications and Prohibited Gear, Bycatch Allowance.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 1-1-98, Formerly 46-41.005, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-41.006 follows. See Florida Administrative Code for present text.)

 

68B-41.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch Exception Commercial Permit Requirements.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a dolphin within or without Florida Waters only by or with the use of hook and line gear and spearing.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a dolphin from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use longline gear to harvest or attempt to harvest a dolphin from Florida Waters.

(3) Bycatch Exception – Notwithstanding subsection (1), a commercial harvester who is in possession of a valid saltwater products license with a restricted species endorsement may harvest a dolphin captured as incidental bycatch of gear other than the gear expressly permitted in subsection (1) if the gear is being used to lawfully harvest another target species, only to the limit specified subparagraph 68B-41.004(2)(c). This provision will not be construed to authorize a commercial harvester to intentionally harvest a dolphin by or with the use of any gear or method that is not expressly permitted in subsection (1).

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-3-05, Amended 9-1-13.

 

68B-41.007 Prohibited Sale; Vessel for Hire Exception.

The captain of a Vessel for Hire may sell a dolphin that was harvested aboard a charter vessel pursuant to subsection 68B-41.004(1), F.A.C., if the captain is properly licensed (by both state and federal authorities) to harvest dolphin for commercial purposes.

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-41.009 License Requirements for Commercial Harvest.

A person may not harvest a dolphin for commercial purposes from the Atlantic Ocean, unless they possess a valid federal commercial permit issued pursuant to 50 C.F.R. 622.4(a)(2)(xii) in addition to a valid Saltwater Products License with a Restricted Species Endorsement issued pursuant to Section 379.361(2)(b), F.S.

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, and [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