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

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-34.001Purpose and Intent

68B-34.002Definitions

68B-34.003Bonefish Gear Restriction; Harvest Prohibited

68B-34.004Temporary Possession of Bonefish

68B-34.005Bonefish Tournaments, Exemptions

68B-34.006Allowed and Prohibited Gear

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish bonefish as a catch and release only fishery, in recognition of the fact that its economic and fishing value as a catch and release fishery greatly exceeds its value as a food fish. This rule amendment will convey that bonefish will be managed as a catch and release only fishery, remove the definition of “organized tournament,” and eliminate the tournament exemption permit altogether, as well as all references to the exemption. This rulemaking is also 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 Additionally, rule language has been clarified and outdated language has been removed.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 rule amendment will be a catch and release only fishery, with possession of bonefish being allowed only temporarily for photographing, measuring, and weighing at the site of capture. Additionally, the rules will conform to the new standardized format for Division 68B.

SUMMARY: Rules 68B-34.001, 68B-34.002, 68B-34.004, and 68B-34.005 will be amended to eliminate, and remove all references to, the tournament exemption permit, thus establishing bonefish as a catch and release only fishery. The rule amendments will also reformat the rule to conform to the new style for Chapter 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, 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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-34.001 Purpose and Intent.

The purpose and intent of this rule is to manage bonefish as a catch and release only fishery in recognition and in honor of the rich cultural heritage of sport fishing for bonefish 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-34.002 follows. See Florida Administrative Code for present text.)

 

68B-34.002 Definitions.

As used in Chapter 68B-34, F.A.C.:

(1) “Bonefish” means a fish of the family Albulidae, or any part thereof.

(2) “Target” means attempting to catch or take a fish by any means whatsoever.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-88, Amended 1-1-98, Formerly 46-34.002, Amended 3-1-05, 7-1-06, 7-1-11, Amended 9-1-13.

 

68B-34.003 Bonefish Gear Restriction; Harvest Prohibited.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-88, Amended 1-1-98, Formerly 46-34.003, Amended 3-1-05, 7-1-11, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-34.004 follows. See Florida Administrative Code for present text.)

 

68B-34.004 Harvest of Bonefish Prohibited; Restrictions on Possession of Bonefish Temporary Possession of Bonefish.

(1) A person may not harvest or unnecessarily destroy a bonefish within or without Florida Waters.

(2) Temporary Possession by a Recreational Harvester –

(a) Except as provided in paragraph (1)(b), a recreational harvester may not possess a bonefish within or without Florida Waters.

(b) A recreational harvester may temporarily possess a bonefish only for the purpose of photographing, measuring, or weighing (with a hand-held scale) the bonefish at the site where the bonefish was caught.

1. A recreational harvester may not possess more than one bonefish at a time.

2. A recreational harvester who temporarily possesses a bonefish pursuant to this subsection shall release the bonefish alive and unharmed, immediately after photographing, measuring, or weighing the bonefish.

3. A recreational harvester who temporarily possesses a bonefish pursuant to this subsection shall release the bonefish in the immediate area where the bonefish was caught.

(3) Possession for Commercial Purposes Prohibited – A commercial harvester may not harvest or possess a bonefish within or without 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 7-1-11, Amended 9-1-13.

 

68B-34.005 Bonefish Tournaments, Exceptions.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-11, Amended 3-24-13, Repealed 9-1-13.

 

68B-34.006 Allowed and Prohibited Gear.

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

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