This rule chapter has been created to relocate the sheepshead rules originally found in the flounder chapter (68B-48) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The sheepshead rules have also been reformatted to ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-59.001Designation as Restricted Species

68B-59.002Definitions

68B-59.003Size Limit; Landed in Whole Condition Requirement

68B-59.004Bag Limits; Bycatch Allowance

68B-59.006Allowed and Prohibited Gear and Methods of Harvest; Bycatch Exception

68B-59.011Aquaculture Exemption

PURPOSE AND EFFECT: This rule chapter has been created to relocate the sheepshead rules originally found in the flounder chapter (68B-48) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The sheepshead rules have also been reformatted to simplify the rule language, making it 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 Additionally, rule language has been clarified and outdated language has been removed.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 new chapter will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. Creation of this chapter will not affect the meaning of the sheepshead regulations nor change the intent of the rules.

SUMMARY: Chapter 68B-59 (Sheepshead) will be created and the sheepshead rule language will be reformatted and reorganized 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-59.001 Designation as Restricted Species.

Sheepshead 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.

 

68B-59.002 Definitions.

“Sheepshead” means a fish of the species Archosargus probatocephalus, 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-59.003 Size Limit; Landed in Whole Condition Requirement.

(1) Size Limit – A person may not harvest or land from Florida Waters or possess in or on Florida Waters, a sheepshead that is less than 12 inches in total length.

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

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-59.004 Bag Limits; Bycatch Allowance.

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from Florida Waters more than 15 sheepshead per day, or possess in or on Florida Waters more than 15 sheepshead.

(2) Commercial Limits –

(a) Except as provided in paragraph (2)(b), a commercial harvester is not subject to a harvest or possession limit for sheepshead.

(b) Sheepshead Bycatch Allowance – A commercial harvester may not harvest or land from Florida Waters more than 50 lbs of sheepshead per day or possess in or on Florida Waters more than 50 lbs of sheepshead, pursuant to subsection 68B-59.006(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 Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

68B-59.006 Allowed and Prohibited Gear and Methods of Harvest; Bycatch Exception.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a sheepshead from Florida Waters only by or with the use of beach or haul seine, cast net, hook and line gear, or by spearing.

(2) Prohibited Gear and Method of Harvest –

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

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest sheepshead from Florida Waters.

(c) A person may not harvest or attempt to harvest a sheepshead from Florida Waters by snagging the sheepshead or land a sheepshead so harvested.

(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 sheepshead 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 in paragraph 68B-59.004(2)(b), F.A.C. This provision will not be construed to authorize a commercial harvester to intentionally harvest a sheepshead 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 Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

68B-59.011 Aquaculture Exemption.

(1) The provisions of Chapter 68B-59, F.A.C., do not apply to sheepshead artificially spawned and raised in a commercial aquaculture facility.

(2) A person who is in possession of or offering for sale a sheepshead that was artificially spawned and raised in a commercial aquaculture facility shall maintain and be able to produce the appropriate receipts, bills of sale, and bills of lading to establish the chain of possession of the sheepshead beginning with the initial transaction after harvest at the commercial aquaculture facility.

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