The purpose of these rule amendments is to improve the stone crab population and build resiliency in the fishery by modifying the regulations found in 68B-13, Florida Administrative Code (F.A.C.). The effect of these rule amendments will be to ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.: RULE TITLES:

68B-13.0015Definitions

68B-13.005Designation as Restricted Species; Season; Repeal of Special Act

68B-13.007Restrictions on Size and on Transport and Possession of Stone Crabs and Stone Crab Claws

68B-13.008Gear, Trap Construction, Commercial Trap Marking Requirements, Trap Working Regulations, Trap Transfer

PURPOSE AND EFFECT: The purpose of these rule amendments is to improve the stone crab population and build resiliency in the fishery by modifying the regulations found in 68B-13, Florida Administrative Code (F.A.C.).

The effect of these rule amendments will be to shorten the stone crab season statewide, increase the stone crab claw minimum size limit, limit the possession of whole stone crabs on board a vessel, and require an escape ring in all wood and plastic stone crab traps.

SUMMARY: These rule amendments will modify the stone crab harvest season to occur from October 15 through April 9, increase the stone crab claw minimum size limit to 2 7/8 inches, limit the possession of whole stone crabs on board a vessel to no more than two checker boxes, and require a 2 3/16 inch diameter escape ring in all wood and plastic stone crab traps by October 5, 2023.

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 DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting July 22-23, 2020, 8:30 a.m. – 5:00 p.m. each day

PLACE: Communications media technology. More information on how to connect will be available at http://myfwc.com/about/commission/commission-meetings.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-13.0015 Definitions.

(1) No change.

(2) As used in this rule chapter:

(a) through (f) No change.

(g) “Checker box” means a container used to temporarily possess whole stone crabs on board a vessel at sea for the purpose of determining compliance with size requirements “Commission” means the Florida Fish and Wildlife Conservation Commission.

(h) “Escape ring” means an opening created within a vertical exterior wall of a stone crab trap that is intended to allow bycatch and undersized stone crabs to escape.

(h) through (w) renumbered as (i) through (x).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-25-87, Amended 10-4-95, Formerly 46-13.0015, Amended 7-1-00, 7-22-01, 10-1-20.

 

68B-13.005 Designation as Restricted Species; Season; Repeal of Special Act.

(1) No change.

(2) The season for the harvest, possession and sale of stone crab claws shall be from October 15 through April 9 May 15, each year. No person, firm or corporation, shall harvest, or have in his or her possession, regardless of where taken, or sell or offer for sale, any stone crab of any size, or any parts thereof, from April 10 May 16 through October 14, each year, except for stone crab claws, placed in inventory by a wholesale or retail dealer as defined in Section 379.414, F.S., prior to April 10 May 16 of each year.

(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-1-03, 10-1-20.

 

68B-13.007 Restrictions on Size and on Transport and Possession of Stone Crabs and Stone Crab Claws.

(1) Except as provided in subsection (3), of this rule, and in subsection 68B-13.006(2), F.A.C., it is unlawful to harvest, possess, sell, or offer for sale any stone crab claw at any time which has a forearm (propodus) of less than 2 7/8 2 3/4 inches in length, measured by a straight line from the elbow to the tip of the lower immovable finger. The forearm shall be deemed to be the largest section of the claw assembly that has both a movable and immovable finger and is located farthest from the body of the crab.

(2) Except as provided in subsection (3), of this rule, and in subsection 68B-13.006(2), F.A.C., it is unlawful for any person, firm, or corporation to possess or transport by boat, land vehicle, airplane, or other conveyance any whole intact stone crab or stone crab body whether dead or alive. Only legal sized claws of stone crabs may be possessed or transported.

(3) Permissible temporary possession of whole stone crabs. Live stone crabs may be held on board a vessel while it is at sea until such time as the claws are removed, provided the crabs are held in shaded containers and wet with sea water every 30 minutes, or more often if necessary, to keep the crabs in a damp condition. Containers shall not be stacked in a manner which compresses the crabs.

(a) Whole Live stone crabs may be temporarily possessed held on board a vessel while such vessel it is at sea for the purpose of determining compliance with size requirements until such time as the claws are removed, provided that the following conditions are met:

1. Whole stone the crabs may only be possessed within a checker box.

a. A checker box may be no larger in dimension than 36 inches, by 24 inches, by 24 inches, or a volume of 12 cubic feet.

b. No more than two checker boxes may be used on board a vessel at any time.

2. Whole stone crabs are held in a checker box must be shaded containers and wet with sea water every 30 minutes, or more often if necessary, to keep the crabs in a damp condition.

3. Checker boxes may Containers shall not be stacked in a manner which compresses the crabs.

(b) This provision will not be construed to authorize the harvest of a whole stone crab or authorize a recreational harvester to exceed the applicable bag limit or possession limit established in subsection 68B-13.009(1), F.A.C.

(4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 10-1-20.

 

68B-13.008 Gear, Trap Construction, Commercial Trap Marking Requirements, Trap Working Regulations, Trap Transfer.

(1) No change.

(2) Trap Construction. No person, firm, or corporation shall transport on the water, fish with, or cause to be fished with, set, or placed, in the harvest of stone crabs, any trap which does not meet the following requirements:

(a) through (b) No change.

(c)1. through 2. No change.

3. Each wire trap used to harvest stone crabs shall have at least three unobstructed escape rings installed on a vertical outer surface, each with a minimum opening diameter of 2 3/8 inches. One such escape ring shall be located on a vertical outer surface adjacent to each crab retaining chamber.

4. By October 5, 2023, each plastic and wood trap used to harvest stone crabs must have at least one unobstructed escape ring with a minimum opening diameter of 2 3/16 inches. Such escape ring must be located in the lower half of the trap and immediately adjacent to the vertical centerline of the trap wall on which it is installed. An escape ring may not be located adjacent to any corner where two vertical trap walls meet.

4. Renumbered as 5. No change.

(3) through (5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 7-15-04, 7-13-08, 6-19-13, 10-25-15, 10-1-20.

 

PROPOSED EFFECTIVE DATE: October 1, 2020

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, 620 S. Meridian St., Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 14, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 5, 2020