The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) red drum rules. The red drum Chapter (68B-22) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-22.001Purpose and Intent; Repeal of Certain Laws; Designation as Protected Species

68B-22.002Definitions

68B-22.003Size Limits

68B-22.004Recreational Bag, Vessel, and Possession Limits; Commercial Harvest Prohibited

68B-22.005Bag and Vessel Limits; Sale Prohibited

68B-22.006Other Prohibitions; Applicability

68B-22.007Catch-Hold-and-Release Tournament Exemption

68B-22.009Authorization for Catch, Hold and Release Tournaments

68B-22.011Prohibited Possession and Transport; Aquaculture 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) red drum rules. The red drum Chapter (68B-22) 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 Additionally, rule language has been clarified and outdated language has been removed.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-22 (Red 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-22.001 follows. See Florida Administrative Code for present text.)

 

68B-22.001 Purpose and Intent; Repeal of Certain Laws Designation as a Protected Species.

Redfish are hereby declared and designated a protected species. The purposes of this designation are to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered and to encourage voluntary conservation practices, including catch-and-release practices for all redfish caught unless they are needed for food.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 9-12-85, Amended 1-1-89, 6-3-91, Formerly 46-22.001, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-22.002 follows. See Florida Administrative Code for present text.)

 

68B-22.002 Definitions.

As used in Chapter 68B-22, F.A.C.:

(1) “Catch, hold and release” means the intentional release of a live redfish, possessed in a live well or recirculating tank aboard a boat, for the purpose of harvesting another redfish.

(2) “Fishing tournament”, as used in this chapter, means a fishing competition involving 50 or more participants that has written rules and regulations, requires an entry fee, and awards prizes to competitors.

(3) “Redfish”, also known as red drum, means a fish of the species Sciaenops ocellatus, or any part thereof.

(4) “Native redfish” means any redfish harvested from waters subject to the jurisdiction of the Commission and the State of Florida.

(5) “Northeast Region” means all state waters lying north of the Flagler-Volusia County Line to the Florida-Georgia border, and adjacent federal Exclusive Economic Zone (EEZ) waters.

(6) “Northwest Region” means all state waters north and west of a line running due west from the westernmost point of Fred Howard Park Causeway (28°9.35'N., 82°48.398'W.), which is approximately 1.17 miles south of the Pasco-Pinellas County Line, to the Florida-Alabama border, and adjacent federal Exclusive Economic Zone (EEZ) waters.

(7) “South Region” means state waters lying between the Flagler-Volusia County Line on the Atlantic Ocean and 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.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-12-85, Amended 2-12-87, 1-1-89, 1-1-96, 1-1-98, Formerly 46-22.002, Amended 3-17-04, 7-1-06, 2-1-12, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-22.003 follows. See Florida Administrative Code for present text.)

 

68B-22.003 Minimum and Maximum Size Limits; Landed in Whole Condition Requirement.

(1) Minimum and Maximum Size Limits – A person may not harvest or land from Florida Waters or possess in or on Florida Waters a redfish that is less than 18 inches or greater than 27 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting redfish shall land each redfish in whole condition. A person may not possess in Florida Waters a redfish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a redfish, or removal of gills from a redfish. This provision will not be construed to prohibit preparation of redfish for immediate consumption on board the vessel from which the redfish was caught.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-12-85, Amended 2-12-87, 1-1-89, Formerly 46-22.003, Amended 9-1-13.

 

68B-22.004 Recreational Bag, Vessel, and Possession Limits; Commercial Harvest Prohibited.

(1) Recreational Limits –

(a) Bag Limits – Except as provided in Rule 68B-22.009, a recreational harvester may not harvest or land per day from Florida Waters or possess at any time more redfish than the specified bag limit established in this subsection within the following identified regions:

1. Northwest and Northeast Regions – Two (2) redfish.

2. South Region – One (1) redfish,

(a) Vessel Limit – The persons aboard a vessel in or on Florida Waters may not collectively possess more than 8 redfish, regardless of the number of licensed or license-exempt persons aboard. This provision will not be construed to authorize any person to harvest or possess redfish in excess of the applicable regional bag limit.

(b) Transport Possession Limit – A person away from Florida Waters may not possess more than 6 redfish while in transit.

(2) Commercial Harvest Prohibited – A person may not harvest or land a redfish for commercial purposes from Florida Waters or possess a redfish from Florida Waters for commercial purposes.

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-22.005 Bag, and Vessel Limits; Sale Prohibited.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-12-87, Amended 1-1-89, 6-3-91, 1-1-96, Formerly 46-22.005, Amended 3-17-04, 2-1-12, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-22.006 follows. See Florida Administrative Code for present text.)

 

68B-22.006 Other Prohibitions; Applicability Prohibited Gear and Methods of Harvest; Simultaneous Possession of Redfish and Certain Gear Prohibited.

(1) Prohibited Gear and Methods of Harvest –

(a) A person may not harvest a redfish by spearing.

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest redfish from Florida Waters.

(c) A person may not harvest a redfish by snagging.

(2) A person may not possess a redfish aboard a vessel with a gill or entangling net on board.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-12-87, Amended 6-3-91, 1-1-96, 1-1-98, Formerly 46-22.006, Amended 9-1-13.

(Substantial rewording of Rule 68B-22.007 follows. See Florida Administrative Code for present text.)

 

68B-22.007 Sale and Purchase of Native Redfish Prohibited Catch-Hold-and-Release Tournament Exemption.

(1) A person may not purchase or sell a redfish that was harvested from Florida Waters.

(2)(a) Subsection (1) does not apply to a person who is purchasing, selling, or in possession of a redfish that was legally harvested outside of Florida Waters and the redfish entered the state of Florida in interstate commerce.

(b) A person in possession of a redfish for sale has the burden of establishing the chain of possession of the redfish beginning with the initial transaction after harvest by producing the appropriate receipts, bills of sale, and bills of lading. A person in possession of a redfish for sale has the burden of showing that the redfish originated from a point outside of Florida Waters and entered the state in interstate commerce. A person in possession of a redfish for sale shall maintain and promptly produce (at the request of any duly authorized law enforcement officer) the documentation necessary to meet the burdens established in this paragraph.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-17-04, Amended 9-1-13.

 

68B-22.009 Authorization for Catch, Hold, and Release Tournaments.

(1) Catch, Hold, and Release – Except as provided in this section, a person may not catch, hold, and release a redfish as defined in subsection 68B-22.002(1), F.A.C.

(2) Tournament Exemption Permit Issuance –

(a) The Executive Director of the Commission, or his designee, shall issue a tournament exemption permit to the director of a catch-and-release fishing tournament to allow tournament anglers to catch hold and release redfish during the tournament, and to allow the tournament director and tournament staff to exceed redfish bag and possession limits established in subsection 68B-22.004(1), F.A.C., after redfish have been weighed-in, if the tournament director agrees to comply with each of the conditions specified in paragraph (2)(c).

(b) Tournament exemption permits shall only be issued to a catch-and-release redfish tournament that agrees to comply with each of the conditions in specified in paragraph (2)(c).

(c) Tournament Exemption Permit Conditions –

1. Tournament anglers and tournament staff will attempt to release alive all redfish that are caught, including the redfish that are weighed-in.

2. Each two person team of tournament anglers may not possess more than two live redfish in the boat’s live well or recirculating tank at any one time.

3. All vessels used in the tournament must contain recirculating or aerated live wells that are at least 2.4 cubic feet or 18 gallons in capacity.

4. A tournament angler may not discard a dead redfish. A dead redfish is considered harvested and will count as the daily bag limit for the team of tournament anglers who harvested that fish.

5. Tournament staff must maintain the redfish in an aerated recovery holding tank prior to release. In order to increase survival of released redfish, the Commission may specify additional requirements for holding tanks in the tournament exemption permit.

6. The tournament director must provide the Commission with a description of the aerated recovery holding tanks used to maintain redfish alive after weigh-in.

7. The tournament director must provide the Commission with a description of the location where tournament caught redfish will be released after they are weighed in. In order to increase survival of released redfish, the Commission may specify in the tournament exemption permit release locations where tournament caught redfish must be released after they are weighed in.

8. The tournament director must submit a post-tournament report to the Commission indicating the number of redfish that were weighed-in each day of the tournament, the number of redfish that were weighed-in dead each day, and the number of redfish that died after being weighed-in, but prior to release each day. The Commission may specify additional tournament reporting requirements as a condition of the tournament exemption permit.

9. The tournament director must allow Commission staff an opportunity to collect research data and conduct research and onboard monitoring during the tournament, as needed.

(3) An angler who is participating in a redfish tournament for which a tournament exemption permit has been issued shall have a copy of the permit in his or her possession at all times during tournament operating hours.

(4) All tournament directors, tournament staff, and tournament anglers shall comply with the conditions and requirements specified within the tournament exemption permit. If a person violates a condition or requirement specified within the tournament exemption permit the person is in violation of this section.

(5) Tournament Exemption Permit Application – To apply for a tournament exemption permit, a person must submit an application on a form provided by the Commission (Form DMF-SL 5000 (3-04), incorporated herein by reference).

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-22.011 Prohibited Possession and Transport; Aquaculture Exemption.

(1) A person may not possess or transport a redfish that was harvested in violation of this chapter.

(2)(a) The provisions of Chapter 68B-22, F.A.C. do not apply to redfish artificially spawned and raised in a commercial aquaculture facility.

(b) A person in possession of a redfish that was artificially spawned and raised in a commercial aquaculture facility shall maintain the appropriate receipts, bills of sale, and bills of lading to establish that the redfish was artificially spawned and raised in a 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