The purpose of these rules is to further conserve targeted fish species, reduce user conflicts, and conserve habitat within Biscayne National Park (BNP) by implementing BNP-specific fishing regulations, that will be found in 68B-7, Florida ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-7.001Application of Rules to State and Federal Waters

68B-7.002Definitions

68B-7.003Park-Specific Size Limits; Transit of Undersize Fish

68B-7.004Park-Specific Bag Limits

68B-7.008Spatial Gear and Harvest Limitations

PURPOSE AND EFFECT: The purpose of these rules is to further conserve targeted fish species, reduce user conflicts, and conserve habitat within Biscayne National Park (BNP) by implementing BNP-specific fishing regulations, that will be found in 68B-7, Florida Administrative Code (F.A.C.), related to the park’s Fishery Management Plan.

The effect of the new rule chapter would be to establish bag and size limits for species commonly targeted within BNP and spatial gear and harvest limitations within BNP.

SUMMARY: These rules will create bag and size limits for species commonly targeted within BNP and spatial gear and harvest limitations intended to reduce user conflicts and conserve specific coral stands within BNP boundaries.

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 19-20, 2020, 8:30 a.m. – 5:00 p.m. each day

PLACE: Donald L. Tucker Civic Center, 505 W. Pensacola Street, Tallahassee, FL 32301

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-7.001 Application of Rules to State and Federal Waters.

The regulations in this chapter apply in all state and federal waters of Biscayne National Park.

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

 

68B-7.002 Definitons.

As used in this rule chapter:

(1) “Bluestriped grunt” means any fish of the species Haemulon sciurus, or any part thereof.

(2) “Gray snapper” (also known as Mangrove snapper) means any fish of the species Lutjanus griseus, or any part thereof.

(3) “Gray triggerfish” means any fish of the species Balistes capriscus, or any part thereof.

(4) “Hogfish” means any fish of the species Lachnolaimus maximus, or any part thereof.

(5) “Lane snapper” means any fish of the species Lutjanus synagris, or any part thereof.

(6) “Major Finfish Aggregate” includes any fish of the following species, or any part thereof:

(a) Gray snapper,

(b) Lane snapper,

(c) Mutton snapper,

(d) Schoolmaster,

(e) Yellowtail snapper,

(f) Black grouper (Mycteroperca bonaci),

(g) Red grouper (Epinephelus morio),

(h) Graysby (Epinephelus cruentatus),

(i) Coney (Epinephelus fulvus),

(j) Red hind (Epinephelus guttatus),

(k) Rock hind (Epinephelus adscensionis),

(l) Hogfish,

(m) Gray triggerfish,

(n) Ocean triggerfish (Canthidermis sufflamen),

(o) Banded rudderfish (Seriola zonata),

(p) Greater amberjack (Seriola dumerili),

(q) Lesser amberjack (Seriola fasciata),

(r) Crevalle jack (Caranx hippos),

(s) Yellow jack (Carangoides bartholomaei)

(t) Knobbed porgy (Calamus nodosus),

(u) Jolthead porgy (Calamus bajonado),

(v) Sheepshead porgy (Calamus penna),

(w) Whitebone porgy (Calamus leucosteus), 

(x) Grunts (any species of the family Haemulidae),

(y) Blue runner (Caranx crysos),

(z) Great barracuda (Sphyraena barracuda),

(aa) Permit (Trachinotus falcatus),

(bb) Pompano (Trachinotus carolinus),

(cc) African pompano (Alectis ciliaris),

(dd) Gulf flounder (Paralichthys albigutta),

(ee) Southern flounder (Paralichthys lethostigma),

(ff) Summer flounder (Paralichthys dentatus),

(gg) Fringed flounder (Etropus crossotus),

(hh) Spotted seatrout (Cynoscion nebulosus),

(ii) Red drum, also known as redfish (Sciaenops ocellatus),

(jj) Black drum (Pogonias cromis),

(kk) Snook (any fish of the genus Centropomus),

(ll) Tripletail (Lobotes surinamensis),

(mm) Sheepshead (Archosargus probatocephalus),

(nn) Ladyfish (Elops saurus), and

(oo) Silver Jenny (Eucinostomus gula)

(7) “Mutton snapper” means any fish of the species Lutjanus analis, or any part thereof.

(8) “Red grouper” means any fish of the species Epinephelus morio, or any part thereof.

(9) “Schoolmaster” means any fish of the species Lutjanus apodus, or any part thereof.

(10) “White grunt” means any fish of the species Haemulon plumierii, or any part thereof.

(11) “Yellowtail Snapper” means any fish of the species Ocyrus chrysurus, or any part thereof.

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

 

68B-7.003 Park-Specific Size Limits; Transit of Undersize Fish.

(1) Park-Specific Minimum Size Limits – Except as provided in subsection (2), a person may not harvest from the waters of Biscayne National Park or possess or land in or on waters of Biscayne National Park a fish that is smaller than the following minimum size limits

(a) Gray Triggerfish – 14 inches fork length

(b) Grunts –

1. Bluestriped grunt – 10 inches total length

2. White grunt – 8 inches total length

(b) Red Grouper – 24 inches total length

(c) Snappers –

1. Gray Snapper – 12 inches total length

2. Lane Snapper – 10 inches total length

3. Mutton Snapper – 19 inches total length

4. Schoolmaster – 12 inches total length

5. Yellowtail Snapper – 14 inches total length

(2) Transit of Undersize Fish – The size limit requirements of this rule will not apply to fish lawfully harvested from waters outside of Biscayne National Park when such fish are transported directly through Biscayne National Park waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from waters outside Biscayne National Park to the place where the vessel is regularly docked, moored, or otherwise stored. For the purpose of this subsection, appropriately stowed means hooks cannot be baited, and spear shafts shall not be inserted into any spearing device. All hook-and-line gear, spearing equipment, nets, and other harvesting equipment must be secured in a manner that makes their immediate use impracticable.

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

 

68B-7.004 Park-Specific Bag Limits.

(1) A recreational harvester may not harvest or possess more than 10 fish from the Major Finfish Aggregate in any combination in or on the waters of Biscayne National Park, or land more than 10 fish from the Major Finfish Aggregate within Biscayne National Park, regardless of where harvested.

(2) Nothing in this subsection shall be construed to authorize harvest of any individual species in excess of the bag limits established elsewhere in 68B, F.A.C.

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

 

68B-7.008 Spatial Gear and Harvest Limitations.

(1) Coral Reef Protection Areas -

(a) A person may not harvest or attempt to harvest any species of the families Palinuridae (spiny lobsters), Scyllaridae (slipper lobsters), or Synaxidae (furry lobsters) from the Coral Reef Protection Areas. Except for persons in continuous transit through a Coral Protection Area aboard a vessel, no person shall possess any species of the families Palinuridae, Scyllaridae, or Synaxidae in or on the waters of the Coral Reef Protection Areas.

(b) A person may not deploy a trap within the waters of the Coral Reef Protection Areas or harvest any marine organism from a trap within the waters of the Coral Reef Protection Areas.

(c) For purposes of this subsection, the Coral Reef Protection Areas shall consist of all waters lying within the following geographical boundaries:

1 Fowey Rocks Lighthouse CRPA

Point	Latitude	Longitude
1	25° 35.616' N	80° 5.822' W
2	25° 35.567' N	80° 5.592' W
3	25° 34.423' N	80° 5.862' W
4	25° 34.468' N	80° 6.093' W

2. Alina’s Reef CRPA

Point	Latitude	Longitude
1	25° 23.601' N	80° 10.125' W
2	25° 23.284' N	80° 9.563' W
3	25° 22.877' N	80° 9.841' W
4	25° 23.194' N	80° 10.402' W

3. Marker 3 Reef CRPA

Point	Latitude	Longitude
1	25° 22.534' N	80° 9.679' W
2	25° 22.445' N	80° 9.443' W
3	25° 21.965' N	80° 9.663' W
4	25° 22.055' N	80° 9.900' W

4. Lob120 Reef CRPA

Point	Latitude	Longitude
1	25° 21.687' N	80° 11.311' W
2	25° 21.671' N	80° 11.023' W
3	25° 21.257' N	80° 11.048' W
4	25° 21.270' N	80° 11.338' W

5. Ball Bouy CRPA

Point	Latitude	Longitude
1	25° 19.379' N	80° 11.110' W
2	25° 19.044' N	80° 10.775' W
3	25° 18.732' N	80° 11.155' W
4	25° 19.067' N	80° 11.489' W

(2) Convoy Point Trap-Free Zone – A person may not deploy a trap or harvest any marine organism from a trap within waters described by the following geographical boundaries: Beginning at a point at the southern end of the mouth of Mowry Canal (point 1:25° 28.195' N; 80° 20.41' W), then proceeding approximately 1,500 yards east to 25° 28.185' N; 80° 19.592' W (point 2), then approximately 760 yards south to 25° 27.811' N; 80° 19.598' W (point 3), then approximately 770 yards west to the shoreline at 25° 27.809' N; 80° 20.02' W (point 4), then running along the shoreline back to point 1.

(3) No-Trawl Zones – No person may operate a trawl in waters lying within the following geographical boundaries:

(a) All waters inshore of a line running from a point at the northern border of BNP at 25° 36.139' N; 80° 15.725' W, to a point near the terminus of Turkey Point at 25° 26.354' N; 80° 19.006' W.

(b) All waters of Biscayne National Park offshore of a line beginning at Biscayne National Park Boundary Light A (25° 40.309' N; 80° 10.736' W) and running through Biscayne Flats Daybeacon 3 (25° 39.765' N; 80° 11.018' W), Biscayne Channel Light 21 (25° 39.338' N; 80° 11.176' W), Safety Valve Bank Light 1 (25° 38.606' N; 80° 11.497' W), Safety Valve Bank Light 1A (25° 37.018' N; 80° 11.525' W), Safety Valve Bank Light 1B (25° 34.219' N; 80° 11.521' W), and Middle Featherbeds East Obstruction Daybeacon (25° 32.392' N; 80° 11.470' W), then running southeast to the northern edge of Boca Chita Key (25° 31.537' N; 80° 10.483' W), then running in a generally southern direction along the eastern boundaries of Sands Key, Elliott Key, and Old Rhodes Key to a point at the southeastern tip of Old Rhodes Key (25° 21.000' N; 80° 14.359' W), then running south to Broad Creek Daybeacon 3 at 25° 20.119' N; 80° 14.635' W.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2019