The purpose of these rules is to increase recreational access, allow commercial food shrimp harvesters to produce the highest quality frozen shrimp, and clarify and update regulations. The effect of the rules would ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-31.003Live Bait Shrimp Trawl Gear Specifications

68B-31.0035Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions

68B-31.006Definitions

68B-31.007Statewide Recreational Shrimping Restrictions

68B-31.008Statewide Live Bait Shrimp Production Restrictions

68B-31.009Statewide Food Shrimp Production Restrictions

68B-31.017Big Bend Region Closed Areas; Seasonal Closures

68B-31.018Northwest Region Closed Areas; Repealed Special Acts

PURPOSE AND EFFECT: The purpose of these rules is to increase recreational access, allow commercial food shrimp harvesters to produce the highest quality frozen shrimp, and clarify and update regulations.

The effect of the rules would be to implement a recreational bag and vessel limit with cast nets and dip nets for shrimp harvested in the Big Bend closed area, allow the possession and use of high-salinity freezer tanks aboard commercial shrimp vessels for freezer processing, and clarify and update regulations.

SUMMARY: These rules will implement a recreational bag and vessel limit for shrimp in the Big Bend closed area, which will create additional access to the shrimp fishery and is not expected to negatively impact the shrimp resource or seagrass habitat. Additionally, these rules will allow the possession and use of high-salinity freezer tanks for commercial shrimp production, which will align FWC’s rules with industry standards for producing high quality frozen shrimp for the seafood market. Lastly, these rules will clarify the boundary for the closed area in Santa Rosa Sound, correct the name of the “Live Bait Shrimp License” and update a definition referring to that license, and add a definition of “inland waters” which will clarify regulations while also being consistent with Florida Statutes.

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 March 2-3, 2022, 8:30 a.m. – 5:00 p.m. each day

PLACE: Tampa Convention Center, Ballroom D, 333 S. Franklin Street, Tampa, Florida 33602

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-31.003 Live Bait Shrimp Trawl Gear Specifications.

(1) No change.

(2) No person shall operate or fish any otter trawl, or possess any otter trawl that is rigged for fishing aboard any vessel, in the Northeast Florida Commercial Live Shrimp Production Bait Shrimp Fishery, which trawl does not have a bycatch reduction device (BRD) installed therein meeting the requirements of Rule 68B-31.0045, F.A.C.

(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-11-86, Amended 1-1-96, 6-3-96, Formerly 46-31.003, Amended 5-1-22.

68B-31.0035 Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions.

(1) Trawls are hereby declared to be allowable gear for the directed harvest of shrimp, as defined in subsection 68B-31.006(21) 68B-31.006(19), F.A.C., or calico scallops, as authorized in Rule 68B-53.006 68B-53.003, F.A.C., only. To the extent that other marine species are harvested with a trawl as an incidental bycatch of the directed harvest of shrimp, the quantity of such other species that may be retained are subject to the limits specified in other chapters of Division 68B of the F.A.C.

(2) through (4) No change.

Rulemaking Authority Art. IV, Sec. 9, and Art. X, Sec. 16, Florida Const. Law Implemented Art. IV, Sec. 9, and Art. X, Sec. 16, Florida Const. History–New 1-1-96, Amended 3-1-99, Formerly 46-31.0035, Amended 7-1-20, 5-1-22.

68B-31.006 Definitions.

As used in Rule 68B-31.005, F.A.C., through the remainder of the chapter:

(1) through (4) No change.

(5) “Brine Box” means a container holding water that has a higher salinity than the surrounding seawater that is generally used aboard a vessel to separate harvested shrimp from bycatch.

(6) through (10) No change.

(11) “Inland waters” means all creeks, rivers, bayous, bays, inlets, and canals.

(11) through (12) renumbered as (12) through (13). No change.

(14)(13) “Live bait shrimp producer” means any person harvesting shrimp for the purpose of delivering and selling that shrimp alive for use as bait pursuant to a valid saltwater products license with a restricted species endorsement and, additionally, in the Northeast Region, a live bait shrimp production license issued as provided in Section 379.247, F.S.

(14) through (28) renumbered as (15) through (29). No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 3-16-93, 11-29-93, 10-3-94, 6-3-96, 6-1-99, Formerly 46-31.006, Amended 12-2-99, 3-1-05, 12-15-19, 5-1-22.

68B-31.007 Statewide Recreational Shrimping Restrictions.

Except for persons harvesting shrimp commercially as either a food shrimp producer or a live bait shrimp producer, each person harvesting shrimp in or on the waters of the state shall comply with the requirements specified in this rule.

(1) Bag and Vessel Limits Limit –

(a)1. Except as provided in paragraph (b) for a portion of the Big Bend Region, nNo person shall harvest or land more than five gallons of shrimp, heads on, per day.; No person shall possess more than five gallons of shrimp, heads on, in or on Florida Waters, or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters provided, however, that two or more harvesters aboard a single vessel in or on the waters of the state shall be subject to the vessel possession limit specified in paragraph (b).

2. Except as provided in paragraph (b) for a portion of the Big Bend Region, the persons aboard a vessel in or on Florida Waters may not collectively possess (b) The possession of more than five gallons of shrimp, heads on. aboard a vessel in or on the waters of the state or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters, at any time is prohibited.

(b) The following bag and vessel limits apply within the area described in subsection 68B-31.017(1), F.A.C., for a portion of the Big Bend Region:

1. No person shall harvest or land from within the described area more than two gallons of shrimp, heads on, per day. No person shall possess more than two gallons of shrimp, heads on, in or on Florida Waters of the described area, or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters.

2. The persons aboard a vessel in or on Florida Waters within the described area may not collectively possess more than five gallons of shrimp, heads on. This provision will not be construed to authorize harvest or possession of shrimp in excess of the applicable bag limit established in subparagraph (1)(b)1.

(c) No change.

(2) Allowable Gear – Except as provided in paragraph (g), nNo person subject to the requirements of this rule shall use any type of gear to harvest shrimp other than those types of gear specified herein:

(a) Landing or dip net with an opening no larger than 96 inches around the perimeter.

(b) Cast net with a stretched length (the distance from the horn at the center of the net, with the net gathered and pulled taut, to the lead line) no greater than 14 feet.

(c) through (f) No change.

(g) Within the area described in subsection 68B-31.017(1), F.A.C., for a portion of the Big Bend Region, a person subject to the requirements of this rule shall harvest shrimp only by or with those gear types listed in paragraphs 68B-31.007(2)(a) and (2)(b).

(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 1-1-96, 6-3-96, Formerly 46-31.007, Amended 12-2-99, 3-1-05, 5-1-22.

68B-31.008 Statewide Live Bait Shrimp Production Restrictions.

Each person harvesting shrimp in or on the waters of the state as a live bait shrimp producer shall comply with the requirements specified in this rule.

(1) through (2) No change.

(3) No person harvesting shrimp in or on the waters of the state shall operate as a live bait shrimp producer and as a food shrimp producer or a recreational harvester on the same trip.

(4) No person shall sell or offer for sale shrimp harvested pursuant to a Commercial Live Shrimp Production License issued as provided in section 379.247, F.S., live bait shrimping license as anything other than live bait.; provided, however, that shrimp harvested pursuant to a live bait shrimping license in the waters of Nassau, Duval, St. Johns, and Flagler Counties shall not be sold or offered for sale as anything other than live bait.

(4) through (5) renumbered as (5) through (6). No change.

(7)(6) Each person harvesting shrimp in or on the waters of the state as a live bait shrimp producer shall possess a valid saltwater products license with a restricted species endorsement. Persons harvesting shrimp within the inland waters of Nassau, Duval, St. Johns, Putnam, Flagler, or cClay Counties as a live bait shrimp producer must also possess a valid Commercial Live Shrimp Production Llicense for such purpose issued as provided in Section 379.247, F.S.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 10-3-94, 1-1-96, Formerly 46-31.008, Amended 12-2-99, 2-28-02, 3-1-05, 5-1-22.

68B-31.009 Statewide Food Shrimp Production Restrictions.

The following requirements shall apply to each person harvesting shrimp in or on the waters of the state as a food shrimp producer. Each such person shall also comply with the regional food shrimp production requirements of Rules 68B-31.010 through 68B-31.015, F.A.C., and the area or seasonal closures in the remainder of the chapter.

(1) No change.

(2) No person harvesting shrimp in or on state waters as a food shrimp producer shall use a brine box to separate shrimp from other species or possess a brine box aboard the vessel used for such harvest. This shall not prohibit a food shrimp producer from using a brine box to rapidly freeze shrimp that have been manually separated from bycatch and bagged in preparation for placement in cold storage aboard a vessel. The possession of any species other than shrimp within a brine box aboard a vessel shall constitute a violation of this subsection.

(3) through (6) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 11-29-93, 1-1-96, 7-16-96, Formerly 46-31.009, Amended 12-2-99, 3-1-05, 11-12-18, 12-15-19, 5-1-22.

68B-31.017 Big Bend Region Closed Areas; Seasonal Closures.

(1) Beginning January 1, 1994, Nno food shrimp producer or live bait shrimp producer person shall harvest shrimp in the areas of Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, and Pasco Counties landward of the line described as:

Beginning at Bailey’s Bluff in Pasco County (Point A); thence northerly to Point B; thence northeasterly to Point C; thence northerly to Point D; thence northeasterly to Point E; thence northerly to Point F; thence northwesterly to Point G; thence northerly to Point H; thence northwesterly to Point I; thence northerly to Point J; thence northwesterly to Point K; thence southwesterly to Point L; thence northwesterly to Point M; thence northerly to Point N; thence northwesterly to Point O; thence northerly to Point P; thence northwesterly to Point Q; thence northerly to Point R; thence northwesterly to Point S; thence southwesterly to flashing channel marker #1 in St. Marks Channel; thence northerly to the St. Marks Lighthouse. Points B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, and S are expressed as follows by longitude and latitude:

	North	West
Point	Latitude	Longitude
B	28°16.68'	82°47.21'
C	28°18.28'	82°45.68'
D	28°26.93'	82°45.95'
E	28°28.43'	82°44.49'
F	28°43.53'	82°45.22'
G	28°44.38'	82°46.71'
H	28°57.91'	82°47.53'
I	28°59.41'	82°50.41'
J	29°03.28'	82°50.66'
K	29°06.91'	82°57.81'
L	29°03.38'	83°01.42'
M	29°07.30'	83°08.78'
N	29°22.98'	83°15.89'
O	29°29.58'	83°26.72'
P	29°38.25'	83°26.66'
Q	29°43.36'	83°34.39'
R	29°52.40'	83°40.11'
S	30°00.04'	84°07.63'

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-29-93, Formerly 46-31.017, Amended 7-9-02, 5-1-22.

68B-31.018 Northwest Region Closed Areas; Repealed Special Acts.

(1) through (8) No change.

(9) No person shall operate as a food shrimp producer It is unlawful to engage in food shrimp production in the following area: that portion of Santa Rosa Sound lying in Escambia, Santa Rosa, and Okaloosa cCounties west of the and between Brooks Bridge (U.S. Highway 98) in Okaloosa County as the east boundary and east of the Bob Sikes Bridge (County Road 399) Bascule Bridge in Santa Rosa and Escambia counties County as the west boundary.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-16-96, Formerly 46-31.018, Amended 3-1-05, 4-13-17, 5-1-22.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: essica 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 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 11, 2022