The purpose of this rule amendment is to modify the Commission’s Weakfish Rule to comply with new weakfish regulations set by the Atlantic States Marine Fisheries Commission in response to a weakfish stock assessment of the entire Atlantic coast’s ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-47.001: Definitions
68B-47.003: Bag Limits
68B-47.005: Commercial Harvest Limits
68B-47.006: Weakfish, Regulation
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commission’s Weakfish Rule to comply with new weakfish regulations set by the Atlantic States Marine Fisheries Commission in response to a weakfish stock assessment of the entire Atlantic coast’s weakfish population. Adopting these regulations will contribute to the rebuilding of the weakfish stock along the entire Atlantic coast. In addition, these rule amendments would create a weakfish management area that would resolve identification issues in northeast Florida between weakfish, sand seatrout, and the hybrid population that has been created from interbreeding between weakfish and sand seatrout. The changes to this rule would: 1) add a definition for harvest for commercial purposes and weakfish management area, 2) amend the definition of weakfish, 3) lower the recreational bag limit from four fish to one fish per person per day inside the weakfish management area, 3) establish a commercial harvest limit of 100 pounds per person or per vessel, per day or per trip, whichever is greater, inside the weakfish management area, 4) state that the presence of weakfish aboard a vessel that is actively fishing within the weakfish management area shall constitute prima facie evidence that such weakfish were harvested from that area and will be subjected to the limits for recreational and commercial fishing inside the area. The effect of these rule amendments is Florida will aid in the rebuilding plan for weakfish along the entire Atlantic coast. By adopting these regulations the State of Florida will be contributing to the effort to reduce fishing pressure on weakfish and allow the populations to expand. This should help ensure a larger sustainable harvest for the future. In addition, establishing a weakfish management area where weakfish regulations would be applied to all weakfish-like fish should eliminate the identification confusion for anglers and allow weakfish regulations to be enforced.
SUMMARY: Rule 68B-47.001, F.A.C. (Definitions) would be amended by adding a definition for “harvest for commercial purposes” and “weakfish management area,” as well as expanding the definition of “weakfish.” Rule 68B-47.003, F.A.C. (Recreational Bag Limits) would be amended to reduce the recreational bag limit from four fish to one fish per person per day inside the weakfish management area. Rule 68B-47.005, F.A.C. (Commercial Harvest Limits) would be created to establish a commercial harvest and possession limit of 100 pounds of weakfish per person or per vessel, per day or per trip, whichever is greater, inside the weakfish management area. Rule 68B-47.006, F.A.C. (Weakfish, Regulation) would be established to define that the presence of weakfish aboard a vessel that is actively fishing within the weakfish management area shall constitute prima facie evidence that such weakfish were harvested from within the area and thus the limits for recreational and commercial harvest would apply.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have a substantial impact on small business. A SERC has not been prepared by the agency.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, June 23-24, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Orlando Marriott Lake Mary, 1501 International Parkway, Lake Mary, FL 32746
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: Mark Robson, 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-47.001 Definitions.

As used in this chapter:

(1) No change.

(2) “Harvest for commercial purposes” means the taking or harvesting of any weakfish for purposes of sale or with the intent to sell. The harvest of weakfish in excess of the applicable recreational bag limit shall constitute harvest for commercial purposes.

(3)(2) “Land,” when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

(4)(3) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear, or by snagging (snatch hooking).

(5)(4) “Total length” means the straight line distance from the most forward point of the head with the mouth closed, to the farthest tip of the tail with the tail compressed or squeezed, while the fish is lying on its side.

(6)(5) “Weakfish,” also known as gray seatrout or yellow-mouth trout, means any fish of the species Cynoscion regalis, or sand seatrout (Cynoscion arenarius) or a hybrid of the two species caught in the Weakfish Management Area, or any part thereof.

(7) “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. Inside this management area any fish of the species Cynoscion regalis, Cynoscion arenarius (sand seatrout), or the hybrid between the two, or any part thereof will be considered a weakfish subject to the regulations in this chapter. Fish that resemble weakfish, sand seatrout, or their hybrids harvested outside this management area in the state of Florida will be considered sand seatrout, not weakfish, and subject to any applicable regulations for sand seatrout.

Rulemaking Specific 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,_________.

 

68B-47.003 Recreational Bag Limits.

Except for a person possessing a valid saltwater products license, no person shall harvest or land more than 1 4 weakfish per day, nor possess more than 1 4 weakfish at any time while in or on the waters of the state inside the Weakfish Management Area.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-17-95, Formerly 46-47.003, Amended_________.

 

68B-47.005 Commercial Harvest Limits.

(1) Directed Commercial Harvest of Weakfish Limits – An entity that is harvesting weakfish with allowable gears other than shrimp trawls shall be subject to a limit of 100 pounds per person or per vessel per day or per trip, whichever is greater, inside the Weakfish Management Area.

(2) Bycatch Commercial Harvest of Weakfish Limits – An entity that is harvesting weakfish as bycatch of the shrimp fishery shall be subject to a vessel limit of 100 pounds per vessel per day or per trip, whichever is greater, inside the Weakfish Management Area.

(3) All entities commercially harvesting weakfish are subject to a possession limit of 100 pounds while in the Weakfish Management Area.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

68B-47.006 Weakfish, Regulation.

The presence of weakfish aboard a vessel that is actively fishing in or above the waters of the State of Florida within the Weakfish Management Area shall constitute prima facie evidence that such weakfish were harvested from the Weakfish Management Area and thus the limits for recreational and commercial harvest in this chapter would apply.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

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: Mark Robson, 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 18, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 5, 2010