The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) flounder rules. The flounder Chapter (68B-48) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-48.001Purpose and Intent; Repeal of Section 370.11(2)(a)2., F.S.; Designation as Restricted Species, Aquaculture Exemption

68B-48.002Definitions

68B-48.003Size and Bag Limits

68B-48.004Gear Specifications and Prohibited Gear

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

68B-48.011Aquaculture Exemption

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) flounder rules. The flounder Chapter (68B-48) has been reformatted to simplify the rule language and the sheepshead portion of this chapter has been removed and relocated to Chapter 68B-59, F.A.C., making the chapter 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 Additionally, rule language has been clarified and outdated language has been removed.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-48, F.A.C. (Flounder) 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-48.001 follows. See Florida Administrative Code for present text.)

 

68B-48.001 Purpose and Intent; Repeal of Section 370.11(2)(a)2., F.S.; Designation as Restricted Species Aquaculture Exemption.

Flounder is 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., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 1-1-96, Formerly 46-48.001, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-48.002 follows. See Florida Administrative Code for present text.)

 

68B-48.002 Definitions.

“Flounder” means any of the following species or any part thereof:

(1) Paralichthys albigutta (gulf flounder);

(2) Paralichthys lethostigma (southern flounder);

(3) Paralichthys dentatus (summer flounder); or

(4) Etropus crossotus (fringed flounder).

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 1-1-96, Amended 1-1-98, Formerly 46-48.002, Amended 7-1-06, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-48.003 follows. See Florida Administrative Code for present text.)

 

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

(1) Size Limit – A person may not harvest or land from Florida Waters or possess in or on Florida Waters, a flounder that is less than 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 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.

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 1-1-96, Amended 1-1-97, 8-31-98, Formerly 46-48.003, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-48.004 follows. See Florida Administrative Code for present text.)

 

68B-48.004 Bag Limits; Bycatch Allowance Gear Specifications and Prohibited Gear.

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from Florida Waters more than 10 flounder per day, or possess in or on Florida Waters more than 10 flounder.

(2) Commercial Limits –

(a) Except as provided in paragraph (2)(b), a commercial harvester is not subject to a harvest or possession limit for flounder.

(b) Flounder Bycatch Allowance – 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.

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 1-1-96, Amended 1-1-97, 1-1-98, Formerly 46-48.004, Amended 9-1-13.

 

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 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 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 from Florida Waters.

(c) A person may not harvest or attempt to harvest a flounder 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 limit specified in paragraph 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).

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.

 

68B-48.011 Aquaculture Exemption.

(1) The provisions of Chapter 68B-48, F.A.C. do not apply to flounder artificially spawned and raised in a commercial aquaculture facility.

(2) A person who is in possession of or offering for sale a flounder that was artificially spawned and raised in a commercial aquaculture facility shall maintain and be able to produce the appropriate receipts, bills of sale, and bills of lading to establish the chain of possession of the flounder beginning with the initial transaction after harvest at the commercial aquaculture facility.

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