The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) weakfish rules. The weakfish Chapter (68B-47) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-47.001Definitions
68B-47.002Size Limits

68B-47.003Recreational Bag Limits

68B-47.004Gear Restriction

68B-47.005Commercial Harvest Limits

68B-47.006Weakfish, Regulation

68B-47.008Applicability of Weakfish Regulations

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) weakfish rules. The weakfish Chapter (68B-47) 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 Additionally, rule language has been clarified and outdated language has been removed.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-47 (Weakfish) 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:

 

68B-47.001 Definitions.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-17-95, Amended 1-1-98, Formerly 46-47.001, Amended 7-1-06, 7-27-10, Repealed 9-1-13.

(Substantial rewording of Rule 68B-47.002 follows. See Florida Administrative Code for present text.)

 

68B-47.002 Definitions Size Limits.

As used in Chapter 68B-47, F.A.C.:

(1) “Weakfish,” also known as gray seatrout or yellow-mouth trout, means a fish harvested from the Weakfish Management Area that is of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species. Weakfish includes part of a fish harvested from the Weakfish Management Area that is of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species.

(2) “Weakfish Management Area” is defined as the area encompassing the St. Marys River and the inland waters of Nassau County east of Highway 17, north of State Highway 200A, and north of the Shave Bridge on the Amelia River. In addition, state waters off Amelia Island, from the Florida-Georgia border to the southernmost tip of Amelia Island are included in the area.

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 7-17-95, Formerly 46-47.002, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-47.003 follows. See Florida Administrative Code for present text.)

 

68B-47.003 Size Limit; Landed in Whole Condition Requirement Recreational Bag limits.

(1) Size Limit – A person may not harvest from the Weakfish Management Area a weakfish that is less than 12 inches in total length. A person may not possess in or on Florida Waters or land a weakfish that is less than 12 inches in total length.

(2) Landed in Whole Condition Requirement – A person harvesting weakfish shall land each weakfish in whole condition. A person may not possess in Florida Waters a weakfish that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a weakfish, or removal of gills from a weakfish.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-17-95, Formerly 46-47.003, Amended 7-27-10, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-47.004 follows. See Florida Administrative Code for present text.)

 

68B-47.004 Bag and Vessel Limits; Bycatch Allowance Gear Restrictions.

(1) Recreational Bag Limit – A recreational harvester may not harvest or land from the Weakfish Management Area more than 1 weakfish per day or possess in the Weakfish Management Area more than 1 weakfish.

(2) Commercial Limits –

(a) Limits for Directed Harvest –

1. Bag Limit – A commercial harvester may not harvest or land from the Weakfish Management Area more than 100 pounds of weakfish per day or possess in the Weakfish Management Area more than 100 pounds of weakfish. This provision will not be construed to authorize harvest or possession of weakfish in excess of the applicable vessel limit.

2. Vessel Limit – The commercial harvesters aboard a vessel may not collectively harvest or land more than 100 pounds of weakfish per day or collectively possess more than 100 pounds of weakfish, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of weakfish in excess of the applicable bag limit.

(b) Shrimp Fishery Bycatch Allowance.

1. Bag Limit – A commercial harvester who is lawfully targeting shrimp with a trawl may not harvest or land per day from the Weakfish Management Area or possess more than 100 pounds of weakfish as incidental bycatch. This provision will not be construed to authorize harvest or possession of weakfish in excess of the applicable vessel limit.

2. Vessel Limit – The commercial harvesters aboard a vessel that is lawfully targeting shrimp may not collectively harvest or land per day from the Weakfish Management Area or collectively possess more than 100 pounds of weakfish as incidental bycatch of a commercial shrimp trawl.

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 1-1-98, Formerly 46-47.004, Amended 9-1-13.

 

68B-47.005 Commercial Harvest Limits.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-27-10, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-47.006 follows. See Florida Administrative Code for present text.)

 

68B-47.006 Prohibited Gear and Harvest Methods Weakfish, Regulation.

A person may not harvest or attempt to harvest a weakfish by spearing.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-27-10, Amended 9-1-13.

 

68B-47.008 Applicability of Weakfish Regulations.

(1) The provisions of Chapter 68B-47, F.A.C. apply to the harvest of fish within the Weakfish Management Area that are of the species Cynoscion regalis and Cynoscion arenarius (sand seatrout), and hybrids of the two species.

(2) A fish of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species that is harvested from Florida Waters outside of the Weakfish Management Area will be considered sand seatrout, not weakfish, and subject to any applicable regulations for sand seatrout.

(3) The presence of a fish of the species Cynoscion regalis or Cynoscion arenarius (sand seatrout), or a hybrid of the two species aboard a vessel that is actively fishing in the Weakfish Management Area constitutes prima facie evidence that the fish was harvested from the Weakfish Management Area and therefore subject to the applicable weakfish regulations established in this chapter.

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