The purpose of these rule amendments is to improve the bluefish fishery on the Atlantic coast by modifying the Atlantic recreational bag limit and clarifying that FWC’s bluefish regulations do not extend into federal waters of the Atlantic in 68B-43,...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-43.002Definitions

68B-43.003Size Limit; Landed in Whole Condition Requirement

68B-43.004Bag and Vessel Limits

PURPOSE AND EFFECT: The purpose of these rule amendments is to improve the bluefish fishery on the Atlantic coast by modifying the Atlantic recreational bag limit and clarifying that FWC’s bluefish regulations do not extend into federal waters of the Atlantic in 68B-43, Florida Administrative Code (F.A.C.).

The effect of these rule amendments will be to reduce the Atlantic bluefish recreational bluefish bag limit and clarify the applicability of FWC regulations in federal waters of the Atlantic Ocean.

SUMMARY: These rule amendments will reduce the bluefish recreational bag limit from 10 to three fish in state waters of the Atlantic Ocean from Nassau through Miami-Dade counties. The rule amendments will also clarify that FWC regulations do not apply in federal waters of the Atlantic Ocean.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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-43.002 Definitions.

As used in this rule chapter:

(1) “Bluefish” means any fish of the species Pomatomus saltatrix, or any part thereof.

(2) “Atlantic Region” means all Florida state and federal Wwaters of the Atlantic Ocean north and east of the Miami-Dade/-Monroe cCounty lLine at Card Sound.

(3) “Gulf Region” means all Florida Waters except those included in the Atlantic Region, and adjacent federal waters. The Gulf Region does not include federal waters adjacent to the Atlantic Region.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Formerly 46-43.002, Amended 9-1-13, _______.

 

68B-43.003 Size Limit; Landed in Whole Condition Requirement.

(1) Size Limit –

(a) Atlantic Region – A person may not harvest or land from the Atlantic Region, or possess in or on the Atlantic Region, within or without Florida Waters or land a bluefish that is less than 12 inches in fork length.

(b) Gulf Region – A person may not harvest or possess within or without waters of the Gulf Region or land a bluefish that is less than 12 inches in fork length.

(2) Landed in Whole Condition Requirement – A person harvesting bluefish from the Atlantic or Gulf region within or without Florida Waters shall land each bluefish in whole condition.  A person may not possess in or on the Atlantic or Gulf region within or without Florida Waters a bluefish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a bluefish, or removal of gills from a bluefish.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Amended 8-31-98, Formerly 46-43.003, Amended 9-1-13,          .

 

68B-43.004 Bag and Vessel Limits.

(1) Recreational Bag Limit –

(a) Atlantic Region – A recreational harvester may not harvest or land from the Atlantic Region within or without Florida Waters per day more than 3 10 bluefish per day. A recreational harvester may not or possess in or on the Atlantic Region within or without Florida Waters more than 3 10 bluefish.

(b) Gulf Region – A recreational harvester may not harvest or possess from the Gulf Region or land more than 10 bluefish per day.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-17-93, Formerly 46-43.004, Amended 9-1-13,            .

 

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: July 22, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2020