The purpose of this rule development is to create barracuda conservation measures for south Florida. These rules will create a new rule chapter for barracuda in order to define great barracuda as any fish of the species Sphyraena barracuda and ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-60.002Definitions

68B-60.003Size Limits

68B-60.004Bag Limits

PURPOSE AND EFFECT: The purpose of this rule development is to create barracuda conservation measures for south Florida. These rules will create a new rule chapter for barracuda in order to define great barracuda as any fish of the species Sphyraena barracuda and create recreational and commercial size and bag limits for this species in south Florida.

In recent years, stakeholders throughout southeast Florida and the Florida Keys have voiced concerns about declines in barracuda numbers in that region of the state. The limited available scientific data suggests that barracuda density and size in the Florida Keys may be declining, while fishing and diving stakeholders report drastic declines throughout south Florida. Public workshops to gather additional information and stakeholder input indicated strong support for regional regulations on barracuda harvest.

The effect of this rule will be to establish a minimum size limit of 15 inches in fork length and a maximum size limit of 36 inches in fork length for all barracuda harvested in state and federal waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach and Martin counties. Recreational barracuda harvesters would be limited to two barracuda per day, while commercial harvesters would be limited to twenty barracuda per day in these counties. A daily commercial vessel limit of twenty barracuda would also apply. These regulatory changes are expected to reduce barracuda harvest in the region and give the population an opportunity rebound.

SUMMARY: This rule will create a rule chapter for barracuda with recreational and commercial size and bag limits in south Florida to reduce barracuda harvest in response to stakeholder concerns.

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: September 2-3, 2015, 8:30 a.m. – 5:00 p.m., During the Commission’s regular meeting

PLACE: Hilton Fort Lauderdale Marina, 1881 SE 17th Street, Ft. Lauderdale, FL 33316

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-60.002 Definitions.

“Great barracuda” means a fish of the species Sphyraena barracuda, or any part thereof.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

68B-60.003 Regional Size Limits.

Minimum and Maximum Size Limits – The following size limit applies in all state and adjacent federal waters of the Gulf of Mexico south of a line extended due west from the Collier-Lee County Line (26°19.823’N. Latitude) and all state and adjacent federal waters of the Atlantic Ocean south of a line extended due east from the Martin-St. Lucie County Line (27°15.781’N. Latitude) including the waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin Counties. A person may not harvest, possess, or land a great barracuda within the above described region that is less than 15 inches in fork length or greater than 36 inches in fork length.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

68B-60.004 Regional Bag and Vessel Limits.

The following bag limits apply in all state and adjacent federal waters of the Gulf of Mexico south of a line extended due west from the Collier-Lee County Line (26°19.823’N. Latitude) and all state and adjacent federal waters of the Atlantic Ocean south of a line extended due east from the Martin-St. Lucie County Line (27°15.781’N. Latitude) including the waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin Counties.

(1) Recreational Bag Limit – A recreational harvester may not harvest, possess, or land more than two great barracuda per day within the above described region.

(2) Commercial Limits –

(a) Commercial Bag Limit – A commercial harvester may not harvest, possess, or land more than 20 great barracuda per day within the above described region.

(b) Commercial Vessel Limit - The commercial harvesters aboard a vessel may not collectively harvest, possess or land more than 20 great barracuda per day within the above described region, regardless of the number of persons onboard.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

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: June 25, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 26, 2015