The purpose of these rule amendments is to extend Florida’s octocoral and marine life regulations into federal waters. The Gulf of Mexico Fishery Management Council intends to remove octocorals from its Coral and Coral Reefs Fishery Management Plan (...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-42.002: Definitions
68B-42.003: Prohibition of Harvest: Longspine Urchin, Bahama Starfish
68B-42.0035: Live Landing and Live Well Requirements
68B-42.0036: Harvest in Biscayne National Park Prohibited; Exception
68B-42.004: Size Limits
68B-42.005: Recreational Bag Limit
68B-42.006: Commercial Season, Harvest Limits
68B-42.0065: Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability
68B-42.008: Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed
68B-42.009: Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception
PURPOSE AND EFFECT: The purpose of these rule amendments is to extend Florida’s octocoral and marine life regulations into federal waters. The Gulf of Mexico Fishery Management Council intends to remove octocorals from its Coral and Coral Reefs Fishery Management Plan (FMP) and the South Atlantic Fishery Management Council is in the process of redefining the fishery management unit in their Coral, Coral Reef, and Live/Hardbottom Habitat FMP to exclude allowable octocorals in federal waters off Florida. These actions would result in the repeal of federal regulations for octocorals and allow Florida to take over management of these species in federal waters off Florida. Based on Commission direction and at the request of the Councils, Florida agreed to manage the octocoral fishery in both state and federal waters. In addition to extending existing state regulations into federal waters, the rule amendments would also establish an annual quota for octocoral harvest in state and federal waters off Florida. Additionally, the Commission would continue to prohibit all harvest of octocorals in Atlantic federal waters north of Cape Canaveral and in the Coral Habitat Areas of Particular Concern adjacent to Florida state waters (Stetson-Miami Terrace and Pourtales Terrace).
The effect of these rule amendments would be to extend Florida’s marine life regulations into federal waters in the absence of federal rules, establish an annual quota for octocoral harvest in state and federal waters off Florida, and to add federal waters closed areas to state rules. These rules would be effective upon repeal of federal octocoral regulations and are not expected to affect the octocoral fishery because similar rules are currently in effect in federal waters. Additionally, the rule amendments would clarify that state marine life rules extend into federal waters.
SUMMARY: ule 68B-42.002, F.A.C., (Definitions) would be modified to include a definition of “colony.” Rule 68B-42.003, F.A.C., (Prohibition of Harvest: Longspine Urchin, Bahama Starfish) would be modified to clarify that harvest and possession of longspine urchin and Bahama starfish are prohibited within or without state waters. Rule 68B-42.0035, F.A.C., (Live Landing and Live Well Requirements) would be modified to clarify that marine life species harvested within or without state waters must be landed alive and persons harvesting marine life within or without state waters must have aboard the vessel being used for harvest a continuously recirculating live well or aeration or oxygen system of adequate size and capacity to maintain harvested marine life organisms in a healthy condition. Rule 68B-42.0036, F.A.C., (Closed Areas – formerly titled Harvest in Biscayne National Park Prohibited; Exception) would prohibit harvest of octocorals in Atlantic federal waters north of Cape Canaveral (28°35.1'N latitude), Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern (HAPC), and Pourtales Terrace Deepwater Coral HAPC. Rule 68B-42.004, F.A.C., (Size Limits) would be modified to clarify that size limits established in this section for all marine life species apply in state and adjacent federal waters.
Rule 68B-42.005, F.A.C., (Recreational Bag Limit) and Rule 68B-42.006, F.A.C., (Commercial Season, Harvest Limits) would be modified to clarify that the bag limits established in these sections for all marine life species, including octocorals, apply in state and adjacent federal waters. Specifically, the 6-colony recreational bag limit for octocorals established in Rule 68B-42.005, F.A.C., would be extended into federal waters. The allowance for harvest of octocorals with attached substrate within 1 inch of the perimeter of the holdfast would be extended into federal waters. The proposed final rule would establish an annual quota of 70,000 colonies for octocoral harvest in state and adjacent federal waters. Additionally, these sections would be modified to specify that if the quota for octocoral harvest described in Rule 68B-42.006, F.A.C., is met before the end of the fishing year, all harvest of octocorals would be prohibited from the date the octocoral quota is projected to be met until the following October 1. Language that closes state waters to octocoral harvest when federal waters close would be removed. Finally, the zone north and west of the southernmost point of Egmont Key in the Gulf of Mexico in which ornamental sponges may be collected with attached substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge would also be extended into adjacent federal waters.
Rule 68B-42.0065, F.A.C., (Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability) would be modified to clarify that a marine life tiered endorsement is required for commercial harvest of species listed in this rule in state and adjacent federal waters. Rule 68B-42.008, F.A.C., (Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed) would be modified to clarify that substrate that is lawfully harvested as part of the harvest of ornamental sponges pursuant to this chapter are exempt from prohibitions on the harvest, possession, or sale of live rock. Outdated references in this section would also be updated. Rule 68B-42.009, F.A.C., (Prohibition on the Taking, Destruction, or Sale of Marine Corals, Sea Fans, and Non-erect, Encrusting Octocorals; Exception – Formerly titled Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception.) would be modified to clarify that harvest and possession of any non-erect, encrusting species of the Subclass Octocorallia is prohibited. This prohibition would not apply to any non-erect, encrusting species of the Subclass Octocorallia that is 1) legally harvested outside state and adjacent federal waters and entering Florida in interstate or international commerce harvested or 2) harvested and possessed pursuant to state and federal aquacultured live rock regulations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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.
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: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 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, September 7-9, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Naples Grande Beach Resort, 475 Seagate Drive Naples, FL 34103
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: William Teehan, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-42.002 Definitions.

As used in this rule chapter:

(1) No change.

(2) “Colony” means a continuous group of octocoral polyps forming a single unit.

(2) through (18) renumbered (3) through (19) No change.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.002, Amended 2-1-05, 7-1-06, 7-1-09, 10-31-11.

 

68B-42.003 Prohibition of Harvest: Longspine Urchin, Bahama Starfish.

No person shall harvest, or possess within or without the waters of while in or on the waters of the state, or land any of the following species:

(1) Longspine urchin, Diadema antillarum.

(2) Bahama starfish, Oreaster reticulatus.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, Formerly 46-42.003, Amended 10-31-11.

 

68B-42.0035 Live Landing and Live Well Requirements.

(1) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine plant within or without state waters shall land such marine organism alive.

(2) Each person harvesting any tropical ornamental marine life species or any tropical ornamental marine plant within or without state waters shall have aboard the vessel being used for such harvest a continuously circulating live well or aeration or oxygenation system of adequate size and capacity to maintain such harvested marine organisms in a healthy condition.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Formerly 46-42.0035, Amended 10-31-11.

 

68B-42.0036 Closed Areas Harvest in Biscayne National Park Prohibited; Exception.

(1) through (2) No change.

(3) No person shall harvest or possess any octocorals in the following areas:

(a) Federal Exclusive Economic Zone (EEZ) waters of the Atlantic Ocean north of 28°35.1' N. lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL).

(b) Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern.

(c) Pourtales Terrace Deepwater Coral Habitat Area of Particular Concern,

(4) For the puposes of this rule, the term “Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern” shall mean all waters lying within the following geographical boundary coordinates:

Point               Latitude                         Longitude

133                  28°30’37”N                    79°48’35”W

134                  28°14’00”N                    79°46’20”W

135                  28°11’41”N                    79°46’12”W

136                  28°08’02”N                    79°45’45”W

137                  28°01’20”N                    79°45’20”W

138                  27°58’13”N                    79°44’51”W

139                  27°56’23”N                    79°44’53”W

140                  27°49’40”N                    79°44’25”W

141                  27°46’27”N                    79°44’22”W

142                  27°42’00”N                    79°44’33”W

143                  27°36’08”N                    79°44’58”W

144                  27°30’00”N                    79°45’29”W

145                  27°29’04”N                    79°45’47”W

146                  27°27’05”N                    79°45’54”W

147                  27°25’47”N                    79°45’57”W

148                  27°19’46”N                    79°45’14”W

149                  27°17’54”N                    79°45’12”W

150                  27°12’28”N                    79°45’00”W

151                  27°07’45”N                    79°46’07”W

152                  27°04’47”N                    79°46’29”W

153                  27°00’43”N                    79°46’39”W

154                  26°58’43”N                    79°46’28”W

155                  26°57’06”N                    79°46’32”W

156                  26°49’58”N                    79°46’54”W

157                  26°48’58”N                    79°46’56”W

158                  26°47’01”N                    79°47’09”W

159                  26°46’04”N                    79°47’09”W

160                  26°35’09”N                    79°48’01”W

161                  26°33’37”N                    79°48’21”W

162                  26°27’56”N                    79°49’09”W

163                  26°25’55”N                    79°49’30”W

164                  26°21’05”N                    79°50’03”W

165                  26°20’30”N                    79°50’20”W

166                  26°18’56”N                    79°50’17”W

167                  26°16’19”N                    79°54’06”W

168                  26°13’48”N                    79°54’48”W

169                  26°12’19”N                    79°55’37”W

170                  26°10’57”N                    79°57’05”W

171                  26°09’17”N                    79°58’45”W

172                  26°07’11”N                    80°00’22”W

173                  26°06’12”N                    80°00’33”W

174                  26°03’26”N                    80°01’02”W

175                  26°00’35”N                    80°01’13”W

176                  25°49’10”N                    80°00’38”W

177                  25°48’30”N                    80°00’23”W

178                  25°46’42”N                    79°59’14”W

179                  25°27’28”N                    80°02’26”W

180                  25°24’06”N                    80°01’44”W

181                  25°21’04”N                    80°01’27”W

182                  25°21’04”N                    79°42’04”W

(5) For the purposes of this rule, the term “Pourtales Terrace Deepwater Coral Habitat Area of Particular Concern” shall mean all waters lying within the following geographical boundary coordinates:

Point               Latitude                         Longitude

Origin             24°20’12”N                    80°43’50”W

1                      24°33’42”N                    80°34’23”W

2                      24°37’45”N                    80°31’20”W

3                      24°47’18”N                    80°23’08”W

4                      24°51’08”N                    80°27’58”W

5                      24°42’52”N                    80°35’51”W

6                      24°29’44”N                    80°49’45”W

7                      24°15’04”N                    81°07’52”W

8                      24°10’55”N                    80°58’11”W

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Formerly 46-42.0036, Amended 10-31-11.

 

68B-42.004 Size Limits.

(1) The regulations in this section apply in all state waters and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

(2)(1) Angelfishes:

(a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the state, or land any of the following species of angelfish (Family Pomacanthidae), of total length outside of the limits specified below:

1. through 3. No change.

(b) No change.

(3)(2) Butterflyfishes:

(a) No person harvesting for commercial purposes shall harvest, possess while in or on the waters of the state, or land any butterflyfish (Family Chaetodontidae) of total length less than one (1) inch.

(b) No person shall harvest, possess while in or on the waters of the state, or land any butterflyfish of total length greater than 4 inches.

(4)(3) Gobies – No person shall harvest, possess while in or on the waters of the state, or land any gobie (Family Gobiidae) of total length greater than 2 inches.

(5)(4) Jawfishes – No person shall harvest, possess while in or on the waters of the state, or land any jawfish (Family Opistognathidae) of total length greater than 4 inches.

(6)(5) Porkfish – No person shall harvest, possess while in or on the waters of this state, or land any porkfish (Anisotremus virginicus) of total length less than 1 1/2 inches.

(7)(6) Cuban (Spotfin) and Spanish hogfish:

(a) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish (Bodianus rufus) of total length less than 2 inches.

(b) No person shall harvest, possess while in or on the waters of this state, or land any Cuban (spotfin) hogfish (Bodianus pulchellus) of total length less than 3 inches.

(c) No person shall harvest, possess while in or on the waters of this state, or land any Spanish hogfish (Bodianus rufus) or Cuban (spotfin) hogfish (Bodianus pulchellus) of total length greater than 8 inches.

(8)(7) Tangs – No person shall harvest, possess while on the waters of the state, or land any tangs (Family Acanthuridae) of fork length greater than 9 inches.

(9)(8) Parrotfish – No person shall harvest, possess while on the waters of the state, or land any parrotfish (Family Scaridae) of total length greater than 12 inches.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 7-15-96, Formerly 46-42.004, Amended 6-1-99, 7-1-09, 10-31-11.

 

68B-42.005 Recreational Bag Limit.

(1) The regulations in this section apply in all state waters and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

(2)(1) Except as provided in Rule 68B-42.006, F.A.C., or subsection (3) or (4) of this rule, no person shall harvest, possess while in or on the waters of the state, or land more than 20 individuals per day of tropical ornamental marine life species. No more than 5 of any one species, as defined in subsections 68B-42.001(2) and (3), F.A.C., can be harvested within the 20 organism bag limit. No person shall possess more than 40 total marine life organisms anywhere at any time.

(3)(2) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than one (1) gallon per day of tropical ornamental marine plants, in any combination of species. No person shall harvest or possess more than 2 gallons of tropical ornamental plants anywhere at any time.

(4)(3) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 angelfishes (Family Pomacanthidae) per day. Each angelfish shall be counted for purposes of the 20 individual bag limit specified in subsection (1) of this rule.

(5)(4)(a) Except as provided in Rule 68B-42.006, F.A.C., or unless Unless the season is closed pursuant to paragraph (b), no person shall harvest, possess while in or on the waters of the state, or land more than 6 colonies per day of octocorals. Each colony of octocorals or part thereof shall be considered an individual of the species for purposes of subsection (2)(1) of this rule and shall be counted for purposes of the 20 individual bag limit specified therein. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral.

(b) If the harvest of octocorals in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters is closed to all harvesters If the octocoral quota established in Rule 68B-42.006, F.A.C. is projected to be met prior to September 30 of any year, the season for harvest of octocorals in state waters shall also close until the following October 1, upon notice given by the Executive Director of the Fish and Wildlife Conservation Commission, in the manner provided in Section 120.81(5), F.S.

(6)(5) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 single polyps in the order Corallimorpharia. Each polyp must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(7)(6) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 polyps of the order Zoanthidea. Each zoanthid polyp must be harvested using a flexible blade, such as a putty knife, razor blade, or paint scraper with a blade no wider than 2 inches.

(8)(7) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land more than 5 ornamental sponges as defined in Rule 68B-42.001, F.A.C. In all state waters north of a line extending due west from the southernmost point of Egmont Key in the Gulf of Mexico, northward and westward these sponges can be collected with substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge. South of this line, no substrate is allowed.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 1-1-95, Formerly 46-42.005, Amended 7-1-09, 10-31-11.

 

68B-42.006 Commercial Season, Harvest Limits.

(1) The regulations in this section apply in all state waters and, in absence of any regulations for the species in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.

(2)(1) Except as provided in Rule 68B-42.008, F.A.C., no person shall harvest, possess while in or on the waters of the state, or land quantities of tropical ornamental marine life species or tropical ornamental marine plants in excess of the bag limits established in Rule 68B-42.005, F.A.C., unless such person is fishing under or harvesting under a valid saltwater products license with both a marine life fishery endorsement and a restricted species endorsement issued by the Fish and Wildlife Conservation Commission.

(3)(2) Persons harvesting tropical ornamental marine life species or tropical ornamental marine plants for commercial purposes shall have a season that begins on October 1 of each year and continues through September 30 of the following year. These persons shall not harvest, possess while in or on the waters of the state, or land tropical ornamental marine life species in excess of the following limits:

(a) through (e) No change.

(f) There shall be no limits on the harvest for commercial purposes of octocorals unless and until the season for all harvest of octocorals in federal Exclusive Economic Zone (EEZ) waters adjacent to state waters is closed. The quota for all persons who harvest allowable octocoral is 70,000 colonies. When this quota is projected to be met, At such time, the season for harvest of octocorals in state waters shall also close until the following October 1, upon notice given by the Executive Director of the Fish and Wildlife Conservation Commission, in the manner provided in Section 120.81(5), F.S. Each person harvesting any octocoral as authorized by this rule may also harvest substrate within 1 inch of the perimeter of the holdfast at the base of the octocoral, provided that such substrate remains attached to the octocoral.

(g) through (m) No change.

(n) There is no harvest limit of ornamental sponges as defined in Rule 68B-42.001, F.A.C., however in all state waters north of a line extending due west from the southernmost point of Egmont Key in the Gulf of Mexico, northward and westward these sponges can be collected with substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge. South of this line, no substrate is allowed.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, Formerly 46-42.006, Amended 6-1-99, 2-28-02, 7-1-09, 10-31-11.

 

68B-42.0065 Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability.

(1)(a) Beginning in the 2005/2006 license year, in addition to a valid saltwater products license with a valid restricted species endorsement, a marine life tiered endorsement is required to harvest marine life species within or without state waters in quantities greater than the recreational bag limit or to sell marine life species as defined by Rule 68B-42.001, F.A.C.

(b) No change.

(2) through (17) No change.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-05, Amended 7-1-09, 5-1-11, 10-31-11.

 

68B-42.008 Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed.

(1) through (2) No change.

(3) Subsection (1) shall not apply to:

(a) No change.

(b) Any person lawfully harvesting substrate as part of the harvest of octocorals or ornamental sponges pursuant to subsection 68B-42.005(5)(4), or paragraph 68B-42.006(3)(2) (f), subsection 68B-42.005(7), or paragraph 68B-42.006(3)(n), F.A.C.

PROPOSED EFFECTIVE DATE: October 31, 2011

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Amended 10-18-93, 1-1-95, Formerly 46-42.008, Amended 6-1-99, 10-31-11.

 

68B-42.009 Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans, and Non-erect, Encrusting Octocorals; Exception.

(1) Except as provided in subsection (2), no person shall take, attempt to take, or otherwise destroy, or sell, or attempt to sell, any sea fan of the species Gorgonia flabellum or of the species Gorgonia ventalina, or any hard or stony coral (Order Scleractinia) or any fire coral (Genus Millepora). No person shall possess any such fresh, uncleaned, or uncured sea fan, hard or stony coral, or fire coral. No person shall harvest or possess any non-erect, encrusting species of the Subclass Octocorallia within or without state waters.

(2) Subsection (1) shall not apply to:

(a) Any sea fan, hard or stony coral, or fire coral, or non-erect, encrusting species of the Subclass Octocorallia legally harvested outside of state waters or federal Exclusive Economic Zone (EEZ) waters adjacent to state waters and entering Florida in interstate or international commerce. The burden shall be upon any person possessing such species to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and any customs receipts, and to show that such species originated from a point outside the waters of the State of Florida or federal Exclusive Economic Zone (EEZ) adjacent to state waters and entered the state in interstate or international commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

(b) Any sea fan, hard or stony coral, or fire coral, or non-erect, encrusting species of the Subclass Octocorallia harvested and possessed pursuant to the aquacultured live rock provisions of paragraph 68B-42.008(3)(a), F.A.C., Chapter 597, F.S., or pursuant to a Live Rock Aquaculture Permit issued by the National Marine Fisheries Service under 50 C.F.R. Section 622.41(a) and meeting the following requirements:

1. through 3. No change.

4. Any sea fan, hard or stony coral, or fire coral, or non-erect, encrusting species of the Subclass Octocorallia harvested pursuant to paragraph 68B-42.008(3)(a), F.A.C., shall remain attached to the cultured rock.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-95, Amended 7-15-96, Formerly 46-42.009, Amended 7-1-09, 10-31-11.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.

NAME OF PERSON ORIGINATING PROPOSED RULE: William Teehan, Division of Marine Fisheries Management, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010