The purpose of these rule amendments is to improve the flounder fishery statewide by modifying regulations found in 68B-48, Florida Administrative Code (F.A.C.). The effect of these rule amendments will be to extend ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-48.001Designation as Restricted Species

68B-48.003Size Limits; Landed in Whole Condition Requirement

68B-48.004Bag Limits; Bycatch Allowance

68B-48.005Seasons.

68B-48.006Allowed and Prohibited Gear and Methods of Harvest; Bycatch Exception

PURPOSE AND EFFECT: The purpose of these rule amendments is to improve the flounder fishery statewide by modifying regulations found in 68B-48, Florida Administrative Code (F.A.C.).

The effect of these rule amendments will be to extend all FWC regulations into federal waters, increase the minimum size limit, reduce the recreational bag limit, establish a recreational seasonal harvest closure, establish seasonal commercial trip and vessel limits, and modify incidental bycatch limits.

SUMMARY: These rule amendments will modify regulations for the flounder fishery statewide. The rule amendments will extend all FWC regulations into federal waters; increase the minimum size limit to 14 inches; reduce the recreational bag limit to five fish; establish an October 15 – November 30 recreational closure; establish seasonal commercial trip and vessel limits of 150 fish except from October 15 – November 30 and 50 fish from October 15 – November 30; modify the incidental bycatch limit to 50 fish; and establish a federal waters trawl bycatch limit of 150 fish except from October 15 – November 30 and 50 fish from October 15 – November 30.

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 December 16-17, 2020, 9:00 a.m. – 5:00 p.m. each day

PLACE: Communications media technology. More information on how to connect will be available at http://myfwc.com/about/commission/commission-meetings.

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-48.001 Designation as Restricted Species; Applicability of Rules to State and Federal Waters

(1) Flounder is hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

(2) The regulations in this chapter apply in all Florida Waters and in adjacent federal waters.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Formerly 46-48.001, Amended 9-1-13, 2-1-21.

 

68B-48.003 Size Limit; Landed in Whole Condition Requirement.

(1) Size Limit – A person may not harvest or possess within or without or land from Florida Waters or possess in or on Florida Waters, land a flounder that is less than 14 12 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting flounder shall land each flounder in whole condition. A person may not possess within or without in or on Florida Waters a flounder that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a flounder, or removal of gills from a flounder.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-97, 8-31-98, Formerly 46-48.003, Amended 9-1-13, 2-1-21.

 

68B-48.004 Recreational Bag Limits; Commercial Trip and Vessel Limits; Commercial Bycatch Allowance.

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from Florida Waters more than 10 flounder per day, or possess within or without in or on Florida Waters or land more than 5 10 flounder per day.

(2) Commercial Limits –

(a) Commercial Bag Limit –

1. Beginning December 1 and continuing through October 14 of the following year, a commercial harvester may not harvest or possess within or without Florida Waters or land more than 150 flounder per day.

2. Beginning October 15 and continuing through November 30 each year, a commercial harvester may not harvest or possess within or without Florida Waters or land more than 50 flounder per day. Except as provided in paragraph (2)(b), a commercial harvester is not subject to a harvest or possession limit for flounder.

(b) Commercial Vessel Limit –

1. Beginning December 1 and continuing through October 14 of the following year, the commercial harvesters aboard a vessel may not collectively harvest or possess within or without Florida Waters or land more than 150 flounder per day.

2. Beginning October 15 and continuing through November 30 each year, the commercial harvesters aboard a vessel may not collectively harvest or possess within or without Florida Waters or land more than 50 flounder per day.

(c) (b) Commercial Flounder Bycatch Allowance – The following harvest, possession, and landing limits shall apply to the commercial harvest of flounder as incidental bycatch pursuant to subsection 68B-48.006(3), F.A.C.: A commercial harvester may not harvest or land from Florida Waters more than 50 lbs of flounder per day or possess in or on Florida Waters more than 50 lbs of flounder, pursuant to subsection 68B-48.006(3), F.A.C., as incidental bycatch of gear that is being used to lawfully harvest another target species.

1. Except as provided subparagraph (2)(c)2., a commercial harvester may not harvest or possess within or without Florida Waters or land more than 50 flounder as incidental bycatch of gear that is being used to lawfully harvest another target species.

2. In or on federal waters adjacent to Florida Waters, a commercial harvester is subject to the following harvest, possession, and landing limits when harvesting flounder as incidental bycatch in shrimp trawls that are being used to lawfully harvest shrimp in federal waters adjacent to Florida Waters:

a. Beginning December 1 and continuing through October 14 of the following year, the commercial harvesters aboard a vessel may not collectively harvest or possess or land more than 150 flounder.

b. Beginning October 15 and continuing through November 30 each year, the commercial harvesters aboard a vessel may not collectively harvest or possess or land more than 50 flounder.

c. Transit provision – Flounder lawfully harvested as incidental bycatch in shrimp trawls in federal waters pursuant to subparagraph (2)(c)2., may be transported directly through Florida Waters and landed provided that trawl gear is appropriately stowed and the vessel is in continuous and direct transit from federal waters to the place where the vessel is regularly docked, moored, or otherwise stored or to the licensed wholesale dealer where the catch is to be sold. For the purpose of this sub-subparagraph, appropriately stowed means a trawl’s doors or frame are not deployed in the water.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-96, Amended 1-1-97, 1-1-98, Formerly 46-48.004, Amended 9-1-13, 2-1-21.

 

68B-48.005 Seasons.

(1) Recreational Closed Season – A recreational harvester may not harvest or possess within or without Florida Waters or land a flounder beginning October 15 and continuing through November 30 each year.

(2) Commercial Closed Season – There is no closed season for flounder applicable to commercial harvesters.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-21.

 

68B-48.006 Allowed and Prohibited Gear and Methods of Harvest; Bycatch Exception.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a flounder within or without from Florida Waters only by or with the use of beach or haul seine, cast net, hook and line gear, or by spearing.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a flounder within or without from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest flounder within or without from Florida Waters.

(c) A person may not harvest or attempt to harvest a flounder within or without from Florida Waters by snagging the flounder or land a flounder so harvested.

(3) Bycatch Exception – Notwithstanding subsection (1), a commercial harvester who is in possession of a valid saltwater products license with a restricted species endorsement may harvest a flounder captured as incidental bycatch of gear other than the gear expressly permitted in subsection (1), if the gear is being used to lawfully harvest another target species, only to the limits limit specified in paragraph 68B-48.004(2)(c) 68B-48.004(2)(b), F.A.C. This provision will not be construed to authorize a commercial harvester to intentionally harvest a flounder by or with the use of any gear or method that is not expressly permitted in subsection (1).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-1-21.

 

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: October 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2020