The purpose of this rule amendment is to expand the definition of the terms “snagging” and “snatch hooking” in relation to tarpon fishing statewide. Snagging or snatch hooking tarpon is currently prohibited. This rule amendment will modify the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-32.002Definitions

PURPOSE AND EFFECT: The purpose of this rule amendment is to expand the definition of the terms “snagging” and “snatch hooking” in relation to tarpon fishing statewide. Snagging or snatch hooking tarpon is currently prohibited. This rule amendment will modify the current language prohibiting snagging and refer directly to tarpon in the definition. In addition, the new rule language will prohibit catching or attempting to catch a tarpon by any method that doesn’t entice the fish to strike with, and become hooked in, its mouth.

The effect of these rule amendments will be to revise the definition of snagging as it pertains to tarpon and prohibit any fishing methods that do not entice a tarpon to voluntarily strike with, and become hooked in, its mouth.

SUMMARY: 68B-32.002 will be amended to redefine the terms “snagging” or “snatch hooking.” The new definition will explicitly refer to tarpon, and prohibit any fishing method that does not entice a tarpon to voluntarily strike an angler’s gear.

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 DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting September 4, 2013, 1:00 p.m. – 5:00 p.m. and September 5-6, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Crowne Plaza Pensacola Grand Hotel, 200 East Gregory Street, Pensacola 32502

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-32.002 Definitions.

As used in Chapter 68B-32, F.A.C.:

(1) “Professional fishing guide” means the captain or operator of a boat or vessel who is licensed by the U.S. Coast Guard to carry paying passengers and whose passengers pay a fee to fish for tarpon.

(2) “Snagging” or “snatch hooking” means the intentional catch of a tarpon by any device intended to impale or hook the tarpon by any part of its body other than the mouth, or catching or attempting to catch a tarpon in any manner or method other than enticing or attracting a tarpon to strike with, and become hooked in, its mouth.

(3)(2) “Tarpon” means a fish of the species Megalops atlanticus, or any part thereof.

PROPOSED EFFECTIVE DATE: November 1, 2013

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-30-88, Amended 1-1-98, Formerly 46-32.002, Amended 3-28-04, 9-1-13, 11-1-13.

 

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.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012