Definitions, Size and Bag Limits; Prohibition of Sale, Bag Limits, Gear Specifications and Prohibited Gear

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-35.002: Definitions
68B-35.003: Size and Bag Limits; Prohibition of Sale
68B-35.0035: Bag Limits
68B-35.004: Gear Specifications and Prohibited Gear

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 24, June 17, 2011 issue of the Florida Administrative Weekly.

Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 37, No. 18, (May 6, 2011), issue of the Florida Administrative Weekly.

Proposed amendment to Rule 68B-35.002 has been changed as follows:

68B-35.002 Definitions.

As used in this rule chapter:

(1) through (9) No change.

(10) “Pompano Endorsement Zone” means federal Exclusive Economic Zone (EEZ) waters lying between 25°09' North Latitude and 26°00' North Latitude, Cape Sable and Hurricane Pass, in the Gulf of Mexico.

(10) through (12) renumbered (11) through (13) No change.

(14)(13) “Special Permit Zone” means state and adjacent federal Exclusive Economic Zone (EEZ) waters lying south of a line running due east from Cape Florida at 25°40’ North Latitude, waters of Biscayne Bay south of Rickenbacker Causeway, and state and adjacent federal EEZ waters lying south of a line just south of Cape Sable Romano at 25°50' North Latitude running due west through federal waters at 25°09’ North Latitude and running east to the mainland.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.002, Amended 1-1-04,_________.

 

Proposed amendment to Rule 68B-35.003 has been changed to eliminate the extension of the commercial African pompano size limit to federal waters:

 

68B-35.003 Size Limits; Prohibition of Sale; Landing in Whole Condition.

(1) through (2) No change.

(3) African Pompano Size Limits –

(a) Recreational Size Limits – No person shall harvest or possess within or without state waters, any African pompano with a fork length less than 24 inches, whether harvesting recreationally or for commercial purposes.

(b) Commercial Size Limits – A person harvesting for commercial purposes shall not harvest or possess while in or on state waters any African pompano with a fork length of less than 24 inches.

(4) No change.

 

Proposed amendment to Rule 68B-35.0035 has been changed to raise the commercial incidental bycatch of permit and to eliminate the extension of the commercial African pompano bag limit to federal waters:

 

68B-35.0035 Bag Limits.

(1) Permit Bag Limits –

(a) No change.

(b) Commercial Bag Limit

1. No change.

2. Persons harvesting permit as incidental bycatch pursuant to paragraph 68B-35.004(5)(a), F.A.C., shall be subject to a daily harvest, landing, and possession limit of 250 100 permit. Possession of commercial incidental bycatch quantities of permit is prohibited within the Special Permit Zone, except for Pompano Endorsement holders within the Pompano Endorsement Zone harvesting pursuant to Rule 68B-35.005, F.A.C.

(2) No change.

(3) African Pompano Bag Limits –

(a) Recreational Bag Limits – Each person recreationally harvesting African pompano within or without state waters is subject to a bag limit of two (2) African pompano per day, whether harvesting recreationally or for commercial purposes. No more than two (2) African pompano shall be possessed aboard any vessel harvesting for recreational purposes within or without state waters at any time.

(b) Commercial Bag Limits – Persons harvesting for commercial purposes shall not harvest or possess while in or on state waters more than two (2) African pompano. No more than two (2) African pompano shall be possessed aboard a vessel that is harvesting for commercial purposes while in or on state waters.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New_________.

 

Proposed amendment to Rule 68B-35.004 has been changed to require direct transit and to eliminate the extension of the commercial African pompano gear regulations to federal waters:

 

68B-35.004 Gear Specifications and Prohibited Gear.

(1) No change.

(2) African Pompano Gear –

(a) Recreational Gear – The harvest or attempted harvest of any African pompano in or from state waters while whether harvesting recreationally or for commercial purposes, by or with the use of any gear other than hook and line gear is prohibited. In adjacent federal EEZ waters, the harvest or attempted harvest of any African pompano by or with the use of any gear other than hook and line gear or spearing is prohibited, while whether harvesting recreationally or for commercial purposes.

(b) Commercial Gear – The harvest or attempted harvest of any African pompano in or from state waters while harvesting for commercial purposes by or with the use of any gear other than hook and line gear is prohibited.

(3) through (4) No change.

(5) Except as provided in paragraph 68B-35.005(2)(d), F.A.C., and in this paragraph, no person shall simultaneously possess aboard any vessel in state waters any pompano or permit together with any gill or entangling net.

(a) No change.

(b) Possession of pompano or permit harvested pursuant to this subsection is allowed only when the person or vessel returns from federal EEZ waters directly, continuously, and expeditiously through state waters from the place where the lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold, and the vessel must comply with all requirements of Section 379.2423, F.S.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.40 FS. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.004, Amended 11-1-01, 1-1-04,_________.

 

No other changes were made to the rule amendments as proposed.