The purpose of these rules is to provide for the further conservation of blackfin tuna by implementing species-specific regulations that will be found in 68B-62, Florida Administrative Code (F.A.C.). The effect of these rules will be to implement ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-62.001Applicability of Rules to State and Federal Waters

68B-62.002Definitions

68B-62.004Recreational Vessel and Bag Limits

PURPOSE AND EFFECT: The purpose of these rules is to provide for the further conservation of blackfin tuna by implementing species-specific regulations that will be found in 68B-62, Florida Administrative Code (F.A.C.).

The effect of these rules will be to implement recreational bag and vessels limit for blackfin tuna. The rules will also extend the Florida Fish and Wildlife Conservation Commission’s (Commission) proposed blackfin tuna regulations into federal waters off Florida.

SUMMARY: These rules will create recreational bag and vessel limits for blackfin tuna that will apply in state and federal waters off Florida.

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:

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 October 2-3, 2019, 8:30 a.m. – 5:00 p.m. each day

PLACE: Radisson Resort at the Port, 8701 Astronaut Boulevard, Cape Canaveral, Florida 32920

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, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-62.001 Applicability of Rules to State and Federal Waters.

The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-2020.

 

68B-62.002 Definitions.

“Blackfin tuna” means a fish of the species Thunnus atlanticus, or any part thereof.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-2020.

 

68B-62.004 Recreational Vessel and Bag Limits.

(1) Recreational Bag Limit – Except when harvesting pursuant to the 10-fish vessel limit provided in subsection (2) below, a recreational harvester harvesting blackfin tuna may not harvest or possess within or without Florida Waters or land more than 2 blackfin tuna per day. 

(2) Recreational Vessel Limit – A recreational harvester or harvesters aboard a vessel harvesting blackfin tuna may not collectively harvest or possess within or without Florida Waters or land more than 10 blackfin tuna per day or 2 per harvester per day, whichever is greater.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-2020.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, 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: July 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 16, 2019