The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) black drum rules. The black drum Chapter (68B-36) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-36.001Purpose and Intent

68B-36.002Definitions

68B-36.003Size Limits; Prohibition of Sale of Larger Black Drum

68B-36.004Bag and Commercial Limits

68B-36.005Other Prohibitions

68B-36.006Prohibited Gear and Method of Harvest

PURPOSE AND EFFECT: The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) black drum rules. The black drum Chapter (68B-36) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.

The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.

SUMMARY: Chapter 68B-36 (Black Drum) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.

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, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

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:

 

(Substantial rewording of Rule 68B-36.001 follows. See Florida Administrative Code for present text.)

 

68B-36.001 Designation as a Restricted Species Purpose and Intent.

Designation as a Restricted Species – Black drum are hereby designated as a restricted species, pursuant to Section 379.101(32), F.S.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Formerly 46-36.001, Amended 9-1-13.

(Substantial rewording of Rule 68B-36.002 follows. See Florida Administrative Code for present text.)

 

68B-36.002 Definitions.

“Black drum” means a fish of the species Pogonias cromis, or any part thereof.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 7-15-96, 9-30-96, Formerly 46-36.002, Amended 7-1-06, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-36.003 follows. See Florida Administrative Code for present text.)

 

68B-36.003 Size Limits; Landed in Whole Condition Requirement Prohibition of Sale of Larger Black Drum.

(1) Minimum and Maximum Size Limits –

(a)Recreational Minimum and Maximum Size Limits –

1. Except as provided in subparagraph (1)(a)2. a recreational harvester may not harvest or possess within or without Florida Waters or land a black drum that is less than 14 inches or greater than 24 inches in total length.

2. A recreational harvester may harvest and possess within or without Florida Waters and land only 1 black drum per day that is greater than 24 inches in total length. This provision will not be construed to authorize harvest or possession of black drum of any size in excess of the applicable bag limits.

(b) Commercial Minimum and Maximum Size Limit – A commercial harvester may not harvest or possess within or without Florida Waters or land a black drum that is less than 14 inches or greater than 24 inches in total length.

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

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Formerly 46-36.003, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-36.004 follows. See Florida Administrative Code for present text.)

 

68B-36.004 Bag and Vessel Limits Commercial Limits.

(1) Recreational Bag Limits – A recreational harvester may not harvest within or without Florida Waters or land per day more than 5 black drum or possess within or without Florida Waters more than 5 black drum.

(2) Commercial Limits –

(a) Commercial Bag Limit – A commercial harvester may not harvest within or without Florida Waters or land per day more than 500 pounds of black drum or possess within or without Florida Waters more than 500 pounds of black drum. This provision will not be construed to authorize harvest or possession of black drum in excess of the applicable vessel limits.

(b) Commercial Vessel Limit – The commercial harvesters aboard a vessel may not collectively harvest or possess within or without Florida Waters or land more than 500 pounds of black drum per day, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of black drum in excess of the applicable bag limits.

(c) A commercial harvester may not use more than 1 vessel to harvest black drum.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 8-31-98, Formerly 46-36.004, Amended 9-1-13.

 

68B-36.005 Other Prohibitions.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Formerly 46-36.005, Repealed 9-1-13.

 

68B-36.006 Prohibited Gear and Methods of Harvest.

(1) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest black drum within or without Florida.

(2) A person may not harvest or attempt to harvest a black drum within or without Florida Waters by snagging the black drum or land a black drum so harvested.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

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: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012