The purpose of this rule is to create barracuda conservation measures for south Florida. These rules will create new size regulations in state and federal waters off south Florida. In recent years, stakeholders throughout southeast Florida and ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-60.003Regional Size Limits

PURPOSE AND EFFECT: The purpose of this rule is to create barracuda conservation measures for south Florida. These rules will create new size regulations in state and federal waters off 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 average size in the Florida Keys may be declining, while fishing and diving stakeholders report drastic declines in density and average size throughout south Florida. At the September 2015 Commission Meeting, the Commission adopted a bag limit of 2 barracuda per person with a vessel limit of no more than 6 barracuda for recreational and commercial harvesters in south Florida beginning November 1, 2015. These changes are effective in state and federal waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin Counties. The Commission also directed staff to gather additional information and determine whether or not further consideration of a size limit was warranted. Based on the available scientific information and public feedback gathered since that time, the proposed rule will create a slot limit that will provide additional conservation benefits while allowing all users continued access to the fishery.

The effect of this rule will be to establish a slot size limit with a lower limit of no less than 15 inches fork length and an upper limit of no more than 36 inches fork length for all barracuda harvested from state and federal waters off Collier, Monroe, Miami-Dade, Broward, Palm Beach, and Martin counties, with an allowance of one barracuda per vessel larger than 36 inches fork length per day. These regulatory changes are intended to increase the average size of barracuda in the region and contribute to the rebuilding of the local population.

SUMMARY: This rule will create a slot limit of 15 to 36 inches for barracuda to address the concern of size and density declines in south Florida. This slot limit is expected to further conservation goals for this fishery while continuing to allow all users access to the resource.

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:

DATES AND TIMES: During the Commission’s regular meeting November 16-17, 2016, 8:30 a.m. – 5:00 p.m.

PLACE: USF Student Center, 200 6th Avenue South, St. Petersburg, Florida 33701

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, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-60.003 Regional Size Limits.

Minimum and Maximum Size Limits - The following size limits apply to recreational and commercial harvesters 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) Except as provided in subsection (2), a person may not harvest or land a great barracuda from the above described region or possess in or on the waters of the described region a great barracuda that is less than 15 inches in fork length or greater than 36 inches in fork length.

(2) A person may harvest and land within the above described region and possess in or on the waters of the described region only 1 great barracuda per day, per person or per vessel, whichever is less, that is greater than 36 inches in fork length. This provision will not be construed to authorize harvest or possession of great barracuda of any size in excess of the applicable bag limits described in 68B-60.004, F.A.C.

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

 

PROPOSED EFFECTIVE DATE:  January 1, 2017

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: June 23, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2016