The purpose of this rule amendment is to consolidate and clarify the definitions for various legal fishing gears by moving gear descriptions currently located in some of the species-specific chapters of Divisions 68B, F.A.C. into the existing Gear ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-4.002Gear Definitions

PURPOSE AND EFFECT: The purpose of this rule amendment is to consolidate and clarify the definitions for various legal fishing gears by moving gear descriptions currently located in some of the species-specific chapters of Divisions 68B, F.A.C. into the existing Gear Definitions rule in the Florida Fish and Wildlife Conservation Commission’s (Commission) marine fisheries rules and clarifying several of the definitions currently found in the rule. These definitions for gears used in multiple species chapters will apply to all marine fisheries, unless otherwise stated in species-specific rules. The proposed rule will add the following definitions to Rule 68B-4.002, F.A.C.: Frame Net, Paired Trawl, Otter Trawl, Snagging, Spearing, and Trawl. The definitions of Hook and Line Gear and Multiple Hook will be clarified.

The effects of this rule will be simplified rule language and improved rule clarity and enforceability.

SUMMARY: Rule 68B-4.002, F.A.C. (Gear definitions) will be amended to clarify existing gear definitions and relocate gear descriptions previously found in other chapters.

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-4.002 Gear Definitions.

As used in Division Title 68B, F.A.C., unless otherwise defined:

(1) through (3) No change.

(4) “Frame net” means a net in the form of an elongated bag kept open by a rigid frame that is buoyed by floats and deployed behind a vessel, but is not dragged along the bottom.

(5)(4) “Gill net” means one or more walls of netting which captures fish by ensnaring or entangling them in the meshes of the net by the gills. This term does not include a cast net.

(6)(5) “Hook and line gear” means a handline, rod, reel, or any pole to which hook and line and ten or fewer hooks are attached. Hook and line gear includes a, as well as any bob, float, weight, lure, plug, spoon, or standard bait that is attached to the gear described in the previous sentence thereto, with a total of ten or fewer hooks.

(7)(6) “Landing or dip net” means a hand-held net consisting of a mesh bag suspended from a circular, oval, or rectangular rigid frame attached to a handle.

(8)(7) “Longline gear” means any single line or series of connected lines to which more than ten hooks are attached and which is used to harvest fish.

(9)(8) “Mesh area” of a net means the total area of netting with the meshes open to comprise the maximum square footage. The square footage shall be calculated using standard mathematical formulas for geometric shapes. The square footage of seines and other rectangular nets shall be calculated using the maximum length and maximum width of the netting.

(10)(9) “Multiple hook” means a treble hook, two or more fishhooks bound together to comprise a single unit, or any hook with a single shank and eye and two or more pointed ends, used to impale fish.

(11) “Paired trawl” means a trawl consisting of an elongated bag of netting, with a panel of netting serving as a wing on each side of the trawl, that is either deployed behind a vessel or towed between two vessels, and does not tend the bottom.

(12) “Otter trawl” means a trawl with its mouth kept open by means of boards or doors on each side.

(13)(10) “Powerhead” means any device employing an explosive charge or a release of compressed gas, usually attached to a speargun, spear, pole, or stick (known as a “bangstick”), which detonates upon contact.

(14)(11) “Rebreather” means a closed circuit or semi-closed circuit underwater breathing apparatus that recycles and recirculates all or part of the gas mixture supplied for breathing. A rebreather is distinguished from other underwater breathing apparatuses by the inclusion of a scrubber (a component that removes carbon dioxide from the breathing gas) and a counterlung (a waterproof bag that allows the diver’s exhaled breath to be captured for scrubbing and recycling back to the diver for inhalation).

(15)(12) “Seine” means a small-meshed net suspended vertically in the water, with floats along the top margin and weights along the bottom margin, which encloses and concentrates fish, and does not entangle them in the meshes.

(a) “Beach or haul seine” means a seine that is hauled or dragged over the bottom into shallow water or onto the beach, either by hand or with power winches.

(b) “Purse seine” means a seine that is pulled into a circle around fish with rings attached to the lower margin below the lead line to allow a purse line to be drawn to close the bottom of the seine.

(16)“Snagging” or “snatch hooking” means the intentional catch of a fish by any device intended to impale or hook the fish by any part of its body other than the mouth.

(17) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear or by snagging (snatch hooking).

(18)(13) “Spotter plane” means any aircraft as defined in Section 330.27(1), Florida Statutes, used for aerial identification of the location of fish so that a vessel may be directed to the fish.

(19)(14) “Stab or sink net” means a gill or trammel net, that sinks to the bottom when placed, set, or fished in water deeper than its hanging depth.

(20)(15) “Trammel net” means a net constructed of two or more walls of netting hung from the same cork and lead lines, with one wall having a larger mesh than the other(s), which traps a fish in a pocket of netting when the fish pushes the smaller mesh wall through a mesh in the larger mesh wall.

(21)(16) “Trap” means a device used for taking marine species, in the form of an enclosure that provides a means for such species to enter and a means by which exit from the device is prevented.

(22)(17) “Trap puller” means any mechanical device used to retrieve or capable of retrieving a trap used to harvest marine life. An anchor winch at or near the bow of a vessel is not considered a trap puller.

(23)“Trawl” means a net in the form of an elongated bag with the mouth kept open by various means and fished by being towed or dragged on the bottom.

(24)(18) “Underwater breathing apparatus” means any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is able to obtain or reuse air or any other gas or gasses for breathing without returning to the surface of the water.

(25)(19) “Wing”, with reference to a seine, means a panel of netting on one or both ends of the seine, which panel has a larger mesh than the main body of the seine and is used to guide fish into the main body of the seine.

(26)(20) The term “net” or “netting” shall be broadly construed to include all manner or combination of mesh or webbing or any other solid or semi-solid fabric or other material used to comprise a device that is used to take or harvest marine life.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 1-1-89, Amended 11-26-92, 1-1-97, 4-27-98, Formerly 46-4.002, Amended 12-2-99, 7-1-04, 7-15-04, 3-1-05,Amended 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