The purpose of this rule development is to establish additional management measures to address dwarf seahorse population concerns. These rules will modify recreational and commercial bag limits, establish an annual commercial quota, and establish ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-42.0036Closed Areas

68B-42.005Recreational Bag Limit

68B-42.006Commercial Season, Harvest Limits

PURPOSE AND EFFECT: The purpose of this rule development is to establish additional management measures to address dwarf seahorse population concerns. These rules will modify recreational and commercial bag limits, establish an annual commercial quota, and establish an allowable harvest area for dwarf seahorses. Additional minor changes to the rule language will correct out-dated, erroneous cross-references inadvertently created during previous Commission rule changes.

The dwarf seahorse is managed as part of the Marine Life (aquarium trade/tropical ornamental) fishery and therefore benefits from several long-term management measures, including statewide gear regulations, bag limits, and an endorsement program that limits participation in the commercial fishery. This species has a limited geographic range and is dependent on seagrass habitat. Stakeholders have expressed concerns about the population status of the dwarf seahorse and NOAA Fisheries has received a petition recommending the species for listing under the Endangered Species Act (ESA). Available data suggest abundance may be low, particularly in northern portions of the state, and that this species may be slow to rebound from temporary seagrass loss.

The additional management measures will further ensure the sustainability of the dwarf seahorse population and the fishery that targets them, and is intended to help prevent the need for listing under the ESA.

SUMMARY: This rule will would establish additional management measures to address dwarf seahorse population concerns. The recommended measures are expected to stabilize and improve dwarf seahorse populations throughout the state and may help prevent the need to list this species under ESA.

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: During the Commission’s regular meeting February 10, 2016, 8:30 a.m. – 5:00 p.m.

PLACE: Florida Public Safety Institute Conference Center, 75 College Drive, Havana, FL 32333

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-42.0036 Closed Areas.

(1) No change.

(2) For purposes of this rule, the term “Biscayne National Park” shall mean all waters lying within the boundaries of the park as described in 68B-2.001 subsection 68B-28.004(2), F.A.C.

(3) through (5) No change.

(6) The allowable harvest area for the harvest of dwarf seahorses (Hippocampus zosterae) shall include all state and federal waters south of a line extending due west from the Anclote Key State Park lighthouse (28°10.034'N. Latitude) on the Gulf coast and all state and federal waters south of a line extending due east from Jupiter Inlet lighthouse (26°56.917'N. Latitude) on the Atlantic coast. No person shall harvest or possess dwarf seahorses while in or on waters north of the allowable harvest area or land dwarf seahorses north of the allowable harvest area.

Rulemaking 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, 4-1-16.

 

68B-42.005 Recreational Bag Limit.

(1) No change.

(2) Except as provided in Rule 68B-42.006, F.A.C., or subsections 4 through 10 subsection (3) or (4) of this rule, no person shall harvest, possess, 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 subsection 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) No change.

(4) Except as provided in Rule 68B-42.006, F.A.C., no person shall harvest, possess, 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 (2) (1) of this rule.

(5) through (9) No change.

(10)(a) Except as provided in paragraph (b) and rule 68B-42.006, F.A.C., no person shall harvest, possess, or land more than 5 seahorses (Genus Hippocampus) per day. Each seahorse shall be counted for purposes of the 20 individual bag limit specified in subsection (2) of this rule.

(b) If the dwarf seahorse (Hippocampus zosterae) 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 dwarf seahorses shall 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.

Rulemaking 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, 11-1-12, 4-1-16 .

 

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) No change.

(3) 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, or land tropical ornamental marine life species in excess of the following limits:

(a) through (d) No change.

(e)1. Unless and until the season for all harvest of dwarf seahorses (Hippocampus zosterae) is closed pursuant to subparagraph 2., a A limit of 200 400 dwarf seahorses (Hippocampus zosterae) per person or per vessel per day, whichever is less.

2. The quota for all persons who harvest dwarf seahorses is 25,000 individual dwarf seahorses. When this quota is projected to be met, the season for harvest of dwarf seahorses shall 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.

(f) through (o) No change.

Rulemaking 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, 11-1-12, 6-11-14, 4-1-16.

 

PROPOSED EFFECTIVE DATE: April 1, 2016

 

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 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: November 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2015