The purpose of this rule amendment is to allow roundscale spearfish to be harvested under the state’s billfish possession limit by removing it from the prohibited list and creating a size limit. This rule amendment will also add roundscale spearfish ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO.: RULE TITLE:
68B-33.003: Marlin and Sailfish Possession Limits; Prohibition of Harvest for Spearfish; Prohibition of Sale; Exception; Gear Restrictions
68B-33.004: Size Limits

PURPOSE AND EFFECT: The purpose of this rule amendment is to allow roundscale spearfish to be harvested under the state’s billfish possession limit by removing it from the prohibited list and creating a size limit. This rule amendment will also add roundscale spearfish to the possession limit exceptions for taxidermists, seafood businesses, and restaurants. Roundscale spearfish are remarkably similar in appearance to the white marlin, including size, shape, and color which led to a scientific debate over the fish being a separate species. In 2006, scientific research showed roundscale spearfish to be a separate species and was recognized by NOAA Fisheries Highly Migratory Species Division (HMS) as a “new” billfish species. Prior to this research, roundscale spearfish was essentially being regulated the same as white marlin in federal waters due to their similar appearance. In light of these findings, HMS passed a rule that began January 1, 2011 recognizing the roundscale spearfish as a separate species, but continued to manage them the same as white marlin. To have compatible rules between Florida waters and adjacent federal waters, FWC rules should be modified to allow the harvest of roundscale spearfish, regulating them the same as white marlin. Allowing them to be harvested under the same bag and size limits as the white marlin will remove the identification issue and help fisheries managers better estimate both white marlin and roundscale spearfish populations because roundscale spearfish will not be incorrectly counted as white marlin and will be counted as roundscale spearfish.

SUMMARY: Rule 68B-33.003, F.A.C. (Marlin and Sailfish Possession Limits; Prohibition of Harvest for Spearfish; Prohibition of Sale; Exception; Gear Restrictions) would be amended to remove the roundscale spearfish from the prohibited list and add it to the marlin and sailfish one fish recreational bag and possession limit of one blue marlin, white marlin, or sailfish, either individually or in combination at any time. The roundscale spearfish would also be added to the possession limit exceptions for taxidermists mounting the fish for the harvester and for wholesale and retail seafood businesses and restaurants for the limited purpose of smoking the fish for the harvester. Rule 68B-33.004, F.A.C., (Size Limits) would be amended to create a size limit for roundscale spearfish of 66 inches lower jaw fork length (LJFL).

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 DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting May 2-3, 2012, 8:30 a.m. – 5:00 p.m., each day

PLACE: Plantation Golf Resort & Spa, 9301 West Fort Island Trail, Crystal River, FL 34429

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-33.003 Marlin and Sailfish Possession Limits; Prohibition of Harvest for Spearfish; Prohibition of Sale; Exception; Gear Restrictions.

(1) Except as provided in subsection (4), no person shall possess more than one blue marlin, white marlin, roundscale spearfish, or sailfish, either individually or in combination at any time. Possession of more than one such fish within the state shall constitute a violation of this rule.

(2) No person shall harvest in or from state waters, nor possess while in or on the waters of the state, or land, any longbill spearfish, or Mediterranean spearfish, or any roundscale spearfish. The purchase, sale, or exchange of any such spearfish is prohibited.

(3) No change.

(4) The possession limit and prohibition of sale contained in this rule shall not apply to the following situations:

(a) Blue marlin, white marlin, roundscale spearfish, or sailfish, may be kept on the premises of a wholesale or retail seafood business or restaurant for the limited purpose of smoking such fish for the harvesters thereof, so long as each such fish or part is packaged or otherwise clearly labeled to indicate the name and address of the owner and no portion of the fish is exchanged for the service.

(b) Blue marlin, white marlin, roundscale spearfish, or sailfish, may be transported by and kept on the premises of a taxidermist for the limited purpose of mounting such fish for the harvesters thereof, so long as each such fish is clearly labeled to indicate the name and address of the owner and no portion of the fish is exchanged for the service.

(5) through (6) No change.

PROPOSED EFFECTIVE DATE: July 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-31-88, Amended 7-15-96 Formerly 46-33.003, Amended 8-26-99, 7-1-12.

 

68B-33.004 Size Limits.

(1) No change.

(2) No person shall harvest, possess in or on the waters of the state, or land, any white marlin or roundscale spearfish with a lower jaw fork length less than 66 inches.

(3) through (5) No change.

PROPOSED EFFECTIVE DATE: July 1, 2012.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-26-99, Amended 10-1-02, 4-2-03, 8-3-10, 7-1-12.

 

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.W.

 

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: February 8, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011