The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state shark regulations based on a requirement by the Atlantic States Marine Fisheries Commission (ASMFC) and recent federal changes. The purpose of these ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-44.002Definitions

68B-44.003Size Limit; Landing in Whole Condition Requirement

68B-44.004Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters

68B-44.007Sale and Purchase Requirements

PURPOSE AND EFFECT: The Florida Fish and Wildlife Conservation Commission (Commission) is considering changes to state shark regulations based on a requirement by the Atlantic States Marine Fisheries Commission (ASMFC) and recent federal changes. The purpose of these rule amendments is to increase the recreational shortfin mako size limit from 54 to 83 inches fork length and clarify that commercial harvest is prohibited in state waters.

ASMFC recently adopted a requirement for states, including Florida, to increase recreational minimum size limits for shortfin mako sharks to match the federal size limit, or to implement an equivalent conservation measure, by Jan. 1, 2020. To meet ASMFC’s requirement, this rule amendment would increase the shortfin mako recreational minimum size limit from 54 to 83 inches FL. To commercially harvest sharks in state waters, all commercial vessels must have a federal shark limited-access permit and the only allowable gear type is hook and line. Under federal regulations, commercial harvest of shortfin mako is only allowed when the shark is brought to the boat dead in the longline or gillnet fishery. Because those gear are prohibited in state waters, and because all commercial vessels must have the federal limited-access permit, no commercial harvest of shortfin mako is allowed in Florida state waters. Therefore, this rule amendment would clarify that commercial harvest of shortfin mako is prohibited in Florida state waters. Additionally, this rule amendment will also include minor, non-substantive technical changes to current rule language.

SUMMARY: These rule amendments will modify state shark regulations to increase the shortfin mako recreational size limit as required by ASMFC, clarify that commercial harvest of shortfin mako in state waters is prohibited due to recent federal changes and current state regulations, and make minor, non-substantive technical changes to current rule language.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: During the Commission’s regular meeting on October 2-3, 2019, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Radisson Resort at the Port, 8701 Astronaut Boulevard, Cape Canaveral, FL, 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-44.002 Definitions.

As used in this rule chapter:

(1) No change.

(2) “Shark” means any species of the orders Carcharhiniformes, Lamniformes, Hexanchiformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, including but not limited to any of the following species or any part thereof:

(a) Large coastal species:

1. Blacktip shark – (Carcharhinus limbatus).

2. Bull shark – (Carcharhinus leucas).

3. Nurse shark – (Ginglymostoma cirratum).

4. Spinner shark – (Carcharhinus brevipinna).

(b) Small coastal species:

1. Atlantic sharpnose shark – (Rhizoprionodon terraenovae).

2. Blacknose shark – (Carcharhinus acronotus).

3. Bonnethead – (Sphyrna tiburo).

4. Finetooth shark – (Carcharhinus isodon).

(c) Pelagic species:

1. Blue shark – (Prionace glauca).

2. Oceanic whitetip shark – (Carcharhinus longimanus).

3. Porbeagle shark – (Lamna nasus).

4. Shortfin mako – (Isurus oxyrinchus).

5. Thresher shark – (Alopias vulpinus).

(d) Smoothhound sharks:

1. Smooth dogfish – (Mustelus canis).

2. through 3. No change.

(e) through (ee) 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 4-8-92, Amended 1-1-98, Formerly 46-44.002, Amended 1-19-10, 3-21-10, 1-1-12, 7-1-19, ______.

 

68B-44.003 Size Limit; Landing in Whole Condition Requirement.

(1) Size Limits –

(a) Shortfin mako –

1. A recreational harvester may not harvest or land from Florida Waters a shortfin mako that is less than 83 inches fork length. Except as provided in subparagraph (1)(a)2., a recreational harvester may not possess in or on Florida Waters a shortfin mako that is less than 83 inches fork length.

2. The possession limit established in subparagraph (1)(a)1. will not apply to shortfin mako lawfully harvested in federal waters by recreational harvesters when such sharks are transported directly through Florida Waters with gear appropriately stowed. Transit shall be direct and continuous from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored.

(b) Except as provided in paragraph (1)(a), aA person may not harvest or land from Florida Waters, or possess in or on Florida Waters, a shark that is less than 54 inches fork length, with the exception of the following species, for which there shall be no minimum size limit:

(a) through (f) renumbered as 1. through 6.

(2) through (3) No change.

(4) The size limits and landing in whole condition requirement of this rule will not apply to sharks lawfully harvested commercially in federal waters when such sharks are transported directly through Florida state Wwaters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where 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. For the purpose of this section appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.003, Amended 1-19-10, 7-1-19, ________.

 

68B-44.004 Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters.

(1) through (2) No change.

(3) Prohibited Species –

(a) For the purposes of this rule, “prohibited species” shall include:

1. Atlantic angel shark.

2. Basking shark.

3. Bigeye sand tiger.

4. Bigeye sixgill shark.

5. Bigeye thresher.

6. Bignose shark.

7. Bluntnose sixgill shark.

8. Caribbean reef shark.

9. Caribbean sharpnose shark.

10. Dusky shark.

11. Galapagos shark.

12. Great hammerhead.

13. Lemon shark.

14. Longfin mako.

15. Narrowtooth shark.

16. Night shark.

17. Sandbar shark.

18. Sand tiger.

19. Scalloped hammerhead.

20. Sharpnose sevengill shark.

21. Shortfin mako, only when targeted or harvested for commercial purposes.

22. Silky shark.

23.22. Smalltail shark.

24.23. Smooth hammerhead.

25.24. Spiny dogfish.

26.25. Tiger shark.

27.26. Whale shark.

28.27. White shark.

29.28. Largetooth sawfish (Pristis pristis).

30.29. Smalltooth sawfish (Pristis pectinata).

31.30. Manta ray (species of the genera Manta and Mobula).

32.31. Spotted eagle ray (Aetobatus narinari).

(b) A person may not harvest or land from Florida Waters any prohibited species or any part thereof. A person may not or possess in or on or from Florida Waters or land in Florida any prohibited species or any part thereof.

(c) through (e) No change.

(4) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.004, Amended 10-15-07, 1-19-10, 7-1-19, ________.

 

68B-44.007 Sale and Purchase Requirements.

(1) through (3) No change.

(4) No person may purchase or sell a prohibited species specified in subsection 68B-44.004(3), F.A.C., or any an part thereof, unless possession and landing is authorized pursuant to subsection 68B-44.004(4), F.A.C.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-19-10, Amended 7-1-19, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [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: December 14, 2018