This rule chapter has been created to relocate the wahoo rules originally found in the dolphin chapter (68B-41) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The wahoo rules have also been reformatted to simplify the ...

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-57.001Designation as a Restricted Species

68B-57.002Definitions

68B-57.003Landed in Whole Condition Requirement

68B-57.004Bag and Vessel Limits

68B-57.009License Requirements for Commercial Harvest

PURPOSE AND EFFECT: This rule chapter has been created to relocate the wahoo rules originally found in the dolphin chapter (68B-41) in the Florida Fish and Wildlife Conservation Commission’s (Commission) rules. The wahoo 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 Additionally, rule language has been clarified and outdated language has been removed.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 the new chapter will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. The creation of the new chapter will not affect the meaning of current wahoo regulations nor change the intent of the rules.

SUMMARY: Chapter 68B-57 (Wahoo) will be created and the wahoo 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-57.001 Designation as a Restricted Species.

Wahoo is hereby designated as a 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-57.002 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) “Wahoo” means a fish of the species Acanthocybium solandri, 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-57.003 Landed in Whole Condition Requirement.

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

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-57.004 Bag and Vessel Limits.

(1) Recreational Limits –

Bag Limit – A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 2 wahoo.

(2) Commercial Limits –

(a) Bag Limit – A commercial harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 500 pounds of wahoo.

(b) Vessel Limit – The commercial harvesters aboard a vessel in or on Florida Waters may not collectively possess more than 500 pounds of wahoo, regardless of the number of licensed persons onboard. This provision will not be construed to authorize harvest or possession of wahoo in excess of the applicable bag 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 9-1-13.

 

68B-57.009 License Requirements for Commercial Harvest.

A person may not harvest a wahoo 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, [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