The purpose of this rule amendment is to modify the Commission’s Rule for John Pennekamp Coral Reef State Park (Park) to allow lionfish (Pterois volitans) to be taken from the park without size restrictions. In addition, these rule amendments will ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-5.002: John Pennekamp Coral Reef State Park: Prohibition on Harvest of Certain Species, Size Limit; Trappers to Comply with Rule 68B-24.0065
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commission’s Rule for John Pennekamp Coral Reef State Park (Park) to allow lionfish (Pterois volitans) to be taken from the park without size restrictions. In addition, these rule amendments will update outdated scientific names of organisms included in the rule. The rule changes would: 1) remove the prohibition of harvest on any members of the genus Pterois, 2) remove the minimum size limit for any members of the genus Pterois, and 3) update outdated scientific names for organisms included in the rule. The effect of these rule amendments is that lionfish will be able to be removed from John Pennekamp State Park with no restrictions. Staff at the Park requested that the FWC make this rule change. Allowing the harvest of lionfish from the Park will aid in the lionfish eradication efforts already underway in the Florida Keys. This removal is important to Florida’s ecosystems, as lionfish are not native to Florida waters, invasive and can be destructive to the ecosystems.
SUMMARY: Rule 68B-5.002, F.A.C. (John Pennekamp Coral Reef State Park: Prohibition on Harvest of Certain Species, Size Limit; Trappers to Comply with Rule 68B-24.0065) would be amended to allow harvest of any member of the genus from Pterois without size restrictions and to update outdated scientific names of organisms in the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have a substantial impact on small business. A SERC has not been prepared by the agency.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, June 23-24, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Orlando Marriott Lake Mary, 1501 International Parkway, Lake Mary, FL 32746
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: Mark Robson, 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-5.002 John Pennekamp Coral Reef State Park: Prohibition on Harvest of Certain Species, Size Limit; Trappers to Comply with Rule 68B-24.0065, F.A.C.

(1) No person shall take, kill, or possess any of the following fish in John Pennekamp Coral Reef State Park:

(a) through (n) No change.

(o) Drums – Genera Equetus, Pareques and Odontoscion.

(p) False morays – Family Chlopsidae2 Xenocongridae.

(q) through (bb) No change.

(cc) Scorpionfishes – Family Scorpaenidae. except for species in the Genus Pterois.

(dd) through (gg) No change.

(hh) Soapfishes – Genus Rypticus Family Grammistidae.

(ii) Soles – Family Soleidae Achiridae.

(jj) through (qq) No change.

(rr) Triggerfishes and Filefishes – Families Family Balistidae and Monacantidae.

(ss) through (uu) No change.

(2) Size Limit – No person shall take, kill, or possess any fish in John Pennekamp Coral Reef State Park smaller than 8 inches in total length. This subsection shall not apply to those species for which a specific minimum size limit has been otherwise established by law or rule or to any of the following fish:

(a) through (g) No change.

(h) Lionfish – Genus Pterois.

(3) No change.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla Const. Law Implemented Art. IV, Sec. 9, Fla Const. History–New 7-3-89, Amended 6-1-94, Formerly 46-5.002, Amended_________.

 

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.W.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Robson, 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 28, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 5, 2010