The purpose of these rule amendments is to establish tarpon as a catch and release only fishery, in recognition of the fact that the economic and fishing value of tarpon as a catch and release fishery greatly exceeds its value as a food fish. This ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-32.001Purpose and Intent

68B-32.002Definitions

68B-32.003Tarpon Tags: Required for Possession; Report; Annual Issuance; Taxidermy; Limitation on Number of Tags Issued Annually; Limitation on Number of Tags Issued to Professional Fishing Guides

68B-32.004Bag Limit and Gear Restriction

68B-32.006Sale Prohibited, Transport Regulated

68B-32.007Purchase and Sale Prohibited; Transport and Shipment

68B-32.009Tarpon Tag Specifications

PURPOSE AND EFFECT: The purpose of these rule amendments is to establish tarpon as a catch and release only fishery, in recognition of the fact that the economic and fishing value of tarpon as a catch and release fishery greatly exceeds its value as a food fish. This rule amendment will convey that tarpon will be managed as a catch and release only fishery, establish tarpon as a hook and line only fishery, remove the provision that allows for a recreational bag limit of tarpon, extend tarpon rules into adjacent federal waters, reduce the transport and shipment possession allowance to one tarpon per person, and allow temporary possession for photography, measurement of length and girth, and taking a scientific sample, provided that all tarpon greater than 40 inches fork length must be kept completely in the water, and all tarpon must be released immediately following the authorized activities in the area where caught. This rule amendment will also amend the tarpon tag system in the following ways: by limiting the allowable use of a tarpon tag to pursuit of an IGFA record only, limiting the number of tags an angler can purchase or use per year to one, and creating a vessel limit of one tarpon. The entire tarpon chapter will also be reformatted to conform to the style developed for marine fisheries regulations during the Division 68B rule cleanup process.

The effect of these rule amendments will be a catch and release only tarpon fishery in Florida, with the only exception allowed for harvest being pursuit of an IGFA record. The rule amendments will otherwise allow for temporary possession of untagged tarpon for photography, measurement of length and girth, and taking a scientific sample, provided that all tarpon greater than 40 inches fork length must be kept completely in the water. The amendments will also result in simplified rule language that is easier to read and understand.

SUMMARY: Rule 68B-32.001 will be created to convey that tarpon will be managed as a catch and release only fishery. Rule 68B-32.004 will be amended to remove the provision that allows for a recreational bag limit of tarpon, and allow temporary possession for photography, measurement of length and girth, and taking a scientific sample, provided that all tarpon greater than 40 inches fork length must be kept completely in the water, and all tarpon must be released immediately after the authorized activities in the area where caught. Rule 68B-32.006 will be amended to establish tarpon as a hook and line only fishery, and extend tarpon rules into adjacent federal waters. Rule 68B-32.007 will be created to reduce the transport and shipment possession allowance to one tarpon per person. The tarpon tag system will be modified in Rule 68B-32.009 to limit the allowable use of a tarpon tag to pursuit of an IGFA record only, limit the number of tags an angler can purchase or use per year to one, and create a vessel limit of one tarpon. The rule amendments will also reformat the rule to conform to the new style for Division 68B developed under the FWC’s 68B 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, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn Lakeland, 3839 Don Emerson Drive, Lakeland 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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-32.001 Purpose and Intent.

The purpose and intent of this rule is to manage tarpon as a catch and release only fishery in recognition and in honor of the rich cultural heritage of sport fishing for tarpon in Florida waters.

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-32.002 follows. See Florida Administrative Code for present text.)

 

68B-32.002 Definitions.

As used in Chapter 68B-32, F.A.C.:

(1) “Professional fishing guide” means the captain or operator of a boat or vessel who is licensed by the U.S. Coast Guard to carry paying passengers and whose passengers pay a fee to fish for tarpon.

(2) “Tarpon” means a fish of the species Megalops atlanticus, 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 11-30-88, Amended 1-1-98, Formerly 46-32.002, Amended 3-28-04, Amended 9-1-13.

 

68B-32.003 Tarpon Tags: Required for Possession; Report; Annual Issuance; Taxidermy; Limitation on Number of Tags Issued Annually; Limitation on Number of Tags Issued to Professional Fishing Guides.

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 11-30-88, Amended 11-1-89, 10-1-90, 12-4-91, 11-26-92, 11-29-93, 1-1-95, 1-1-96, 11-27-96, 11-12-97, 11-16-98, Formerly 46-32.003, Amended 3-1-05, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-32.004 follows. See Florida Administrative Code for present text.)

 

68B-32.004 Restrictions on Possession of Tarpon; Commercial Harvest Prohibited Bag Limit and Gear Restriction.

(1) Except as provided in Rule 68B-32.009, F.A.C., a person may not harvest or unnecessarily destroy a tarpon within or without Florida Waters.

(2) Temporary Possession by a Recreational Harvester –

(a) Except as provided in Rule 68B-32.009, F.A.C. and paragraph (2)(b), a recreational harvester may not possess a tarpon within or without Florida Waters.

(b) A person may temporarily possess a tarpon within or without Florida Waters only for the purposes of photography, measuring length and girth, and taking a scientific sample.

1. Except as provided in Rule 68B-32.009, F.A.C. a recreational harvester who temporarily possesses a tarpon pursuant to this subsection shall release the tarpon alive and unharmed, immediately after photographing, measuring, or taking a scientific sample.

2. Except as provided in Rule 68B-32.009, F.A.C. a recreational harvester who temporarily possesses a tarpon pursuant to this subsection shall release the tarpon in the immediate area where the tarpon was caught.

(3) Except for tarpon harvested or possessed pursuant to subsection 68B-32.009(1) , F.A.C. tarpon greater than 40 inches fork length may not be removed from the water.

(4) Possession for Commercial Purposes Prohibited – A commercial harvester may not harvest or possess a tarpon within or without Florida Waters.

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 1-1-98, Formerly 46-32.004, Amended 3-28-04, 3-1-05, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-32.006 follows. See Florida Administrative Code for present text.)

 

68B-32.006 Allowed and Prohibited Gear and Methods of Harvest Sale Prohibited, Transport Regulated.

(1) Allowed Gear and Methods of Harvest – Within or without Florida Waters, a person may target or harvest a tarpon only with hook and line gear. All other gear and methods of harvest are prohibited.

(2) Prohibited Gear and Methods of Harvest – A person may not harvest or attempt to harvest a tarpon within or without Florida Waters by spearing, snagging, or snatch hooking.

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 3-1-05, Amended 9-1-13.

 

68B-32.007 Purchase and Sale Prohibited; Transport and Shipment.

(1) A person may not purchase or sell a tarpon.

(2) Transport for Sale Prohibited – A person may not transport a tarpon for the purpose of selling the tarpon, regardless of whether the tarpon will be sold within or without the State of Florida.

(3) Restrictions on Transport and Shipment –

(a) Except as provided in subsection (4), a person may not transport or ship as personal baggage more than one tarpon, harvested within or without Florida Waters.

(b) Except as provided in subsection (4), a common carrier may not knowingly receive more than one tarpon from a person for transport within or without the State of Florida.

(4) Transport and Shipment by Taxidermist –

(a) A lawful taxidermist may transport or ship a reasonable number of tarpon as specimens for mounting if:

1. The taxidermist can establish the individual ownership of each tarpon being transported or shipped through documentation; and

2. The taxidermist can produce (at the request of a duly authorized law enforcement officer) the documentation necessary to establish individual ownership of the tarpon.

(b) A common carrier shall accept a tarpon from a taxidermist for transport if the taxidermist provides documentation of individual ownership of the tarpon along with the bill of lading or other papers controlling the shipment.

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-32.009 Tarpon Tag Specifications.

(1) Tags Required for Possession –

(a) A person may not harvest or possess a tarpon unless the person intends to submit that tarpon for an International Game Fish Association world record or International Game Fish Association Florida state record.

(b) A person may not harvest or possess a tarpon unless the person has purchased a tarpon tag and securely attached the tarpon tag through the lower jaw of the tarpon.

(c) A person may not use more than one tarpon tag during any single license year for tarpon tags as defined in paragraph 68B-32.009(2)(a), F.A.C. Except for professional fishing guides, a person may not purchase more than one tarpon tag during any single license year for tarpon tags as defined in paragraph 68B-32.009(2)(a) ), F.A.C.

(d) No more than 1 tarpon may be harvested within or without Florida Waters per day, possessed aboard a vessel within or without Florida Waters, or landed per day from a vessel fishing pursuant to this subsection.

(2) Validity of Tarpon Tags –

(a) The license year for tarpon tags begins on July 1 of each year and continues through June 30 of the following year.

(b) A tarpon tag is only valid for the possession of 1 tarpon. A person may not use an individual tarpon tag on more than one tarpon.

(3) Transfer of Tarpon Tags –

(a) Except as provided in paragraph (3)(b), tarpon tags are not transferable.

(b) A professional fishing guide may purchase tarpon tags and subsequently transfer the tarpon tags to individual customers.

(c) A professional fishing guide may not transfer to any individual customer more than one tarpon tag during any single license year for tarpon tags as defined in paragraph 68B-32.009(2)(a), F.A.C.

(4) Number of Tags Issued Each License Year –

(a) The Commission may not issue more than 2,500 tarpon tags in a license year (as defined in paragraph (2)(a)).

(b) The Commission may not issue more than 1,250 tarpon tags to professional fishing guides in a license year (as established in paragraph (2)(a)).

(5) Return of Unused Tarpon Tags – On or before August 14, each tax collector shall submit to the Commission all unused tarpon tags for the previous license year. In addition to the unused tarpon tags, each tax collector shall submit to the Commission a written audit report indicating to the number of unused tags, on Form DMF-SL3210 (3-05) (incorporated herein by reference) on or before August 14.

(6) Exceptions to Tag Requirement – The prohibition of possession of an untagged tarpon in paragraph (1)(b) does not apply to a taxidermist who removes the tag during the process of mounting a tarpon. The taxidermist shall ensure that the removed tag remains with the tarpon during any subsequent storage or shipment.

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

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