Definitions, Size Limits, Regional Bag Limits; Closed Seasons, Commercial Season and Daily Harvest Limit, Gear Specifications and Prohibited Gear; Bycatch Allowance

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-37.002: Definitions
68B-37.003: Size Limits
68B-37.004: Regional Bag Limits; Closed Seasons
68B-37.005: Commercial Season and Daily Harvest Limit
68B-37.006: Gear Specifications and Prohibited Gear; Bycatch Allowance

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 41, October 14, 2011 issue of the Florida Administrative Weekly.

Proposed amendment to Rule 68B-37.002 has been changed to amend the effective date and clarify the border between two regions:

68B-37.002 Definitions.

(1) through (6) No change.

(7) “Southeast Region” means all state waters lying south of the Flagler-Volusia County Line and north of the Miami-Dade-Monroe County Line at Card Sound, and adjacent federal Exclusive Economic Zone (EEZ) waters.

(8) “Southwest Region” means all state waters lying south and west of the Miami-Dade-Monroe County Line at Card Sound and south of the southern boundary of the Northwest Region on the Gulf of Mexico in Pinellas County, as specified in subsection (6), and adjacent federal Exclusive Economic Zone (EEZ) waters.

(9) through (10) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.002, Amended 7-1-00, 7-1-06, 1-1-12 2-1-12.

 

Proposed amendment to Rule 68B-37.003 has been changed to amend the effective date:

68B-37.003 Size Limits.

(1) through (3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.003, Amended 7-1-00, 1-1-12 2-1-12.

 

Proposed amendment to Rule 68B-37.004 has been changed to amend the bag limit and the effective date:

68B-37.004 Regional Bag Limits.

(1) Regional bag limits – Except as provided in Rule 68B-37.005, F.A.C. no person shall harvest more spotted seatrout per day or possess at any time, within or without state waters or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, more spotted seatrout than the specified bag limit established in this subsection within the following identified regions:

(1)(a) Southeast and Southwest Regions– Four (4) spotted seatrout.

(2)(b) Northwest and Northeast Regions – Five (5) spotted seatrout.

(3) Northeast Region – Six (6) spotted seatrout.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.004, Amended 7-1-00, 1-1-12 2-1-12.

 

Proposed amendment to Rule 68B-37.005 has been changed to amend the effective date, change the commercial seasons, and change time for allowable sale:

68B-37.005 Commercial Seasons; Daily Harvest Limit; Vessel Limit.

(1) Commercial Season – The harvest of spotted seatrout for commercial purposes shall be limited each year to the period established in this subsection within the following identified regions:

(a) Southwest Region and Northwest Region and Northeast Region – Beginning June 1 and continuing through October August 31.

(b) Southeast Region – Beginning May 1 and continuing through September 30 31.

(c) Northwest Region – Beginning September 1 and continuing through January 31.

(c) Northeast Region – Beginning June 1 and continuing through November 30.

Such harvest is limited to persons possessing a valid saltwater products license with a restricted species endorsement.

(2) Commercial Daily Harvest Limit and Vessel Limit – Each person harvesting spotted seatrout for commercial purposes pursuant to subsection (1) of this rule shall be governed by a daily harvest limit of 75 spotted seatrout per day. No such harvester shall possess within or without state waters more than 75 spotted seatrout. The possession of more than 150 spotted seatrout aboard any vessel within or without state waters with two or more commercial licensees aboard is prohibited. The towing of any vessel in order to exceed the commercial daily harvest limit or vessel limit established by this subsection is prohibited.

(3) No change.

(4) Sale of spotted seatrout shall adhere to the following restrictions:

(a) In a closed region, within the first 30 days following a regional closure, inventory of spotted seatrout may be possessed or sold, and all spotted seatrout in inventory must be reported to the Commission on the Closed Season Spotted Seatrout Declaration Form DMF-3700 (02/12), which is hereby incorporated by reference. Copies can be obtained by contacting the Fish and Wildlife Conservation Commission, Saltwater Licenses and Permits, 620 S. Meridian Street, Tallahassee, Florida, 32399-1600 or at http://www.flrules.org/. Form DMF-3700 (02/12) must be submitted to the Commission by the seventh day after a regional closure and a copy shall be held at the place of business through the 30 days following a regional closure. After 30 days following a regional closure, no spotted seatrout may be possessed in a closed region, except as provided for in (c). At the initial sale, no wholesale dealer located in a region that is closed to commercial harvest may purchase spotted seatrout.

(b) During the closed season, no person, firm or corporation shall have in their possession, sell or offer for sale, any spotted seatrout or any parts thereof, except for:

1. Spotted seatrout placed in inventory prior to the close of the fishing season in that region by a wholesale or retail dealer as defined in Section 379.414, Florida Statutes,

2. Spotted seatrout purchased from a wholesale dealer located in an open region, or

3. Spotted seatrout legally harvested outside Florida, which have entered the State of Florida in interstate commerce.

(c) During the closed season all spotted seatrout in inventory must be reported to the Commission on the Closed Season Spotted Seatrout Declaration Form DMF-3700 (01/12), which is hereby incorporated by reference. Copies can be obtained by contacting the Fish and Wildlife Conservation Commission, Division of Marine Fisheries, 2590 Executive Center Circle E, Suite 203, Tallahassee, Florida 32301 or at http://www.flrules.org/.

(d) Form DMF-3700 (01/12) must be submitted to the Commission by the seventh day of the each month during the closed season and a copy shall be held at the place of business during the closed season.

(b)(e) For purposes of form DMF-3700 (02/12) (01/12), the following counties are included in the regions:

1. Northeast Region includes Baker, Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties;

2. Southeast Region includes Brevard, Broward, Dade, Indian River, Lake, Martin, Okeechobee, Orange, Osceola, Palm Beach, Seminole, St. Lucie, and Volusia Counties;

3. Southwest Region includes Charlotte, Collier, De Soto, Glades, Hardee, Hendry, Highlands, Hillsborough, Lee, Manatee, Monroe, Pinellas, Polk, and Sarasota Counties;

4. Northwest Region includes Alachua, Bay, Bradford, Calhoun, Citrus, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Marion, Okaloosa, Pasco, Santa Rosa, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, and Washington Counties.

(c)(f) A wholesale dealer or retailer may import spotted seatrout from outside Florida. However, tThe burden shall be upon any person possessing imported spotted seatrout during the regional closed seasons to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such spotted seatrout was in inventory prior to the regional closure, was purchased from a wholesale dealer in an open region, or originated from a point outside Florida and entered the state in interstate commerce. Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.005, 1-1-12 2-1-12.

 

Proposed amendment to Rule 68B-37.004 has been changed to amend the effective date:

68B-37.006 Gear Specifications and Prohibited Gear; Bycatch Allowance.

(1) through (3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.006, 1-1-12 2-1-12.

 

No other changes were made to the rule amendments as proposed.