The purposes of these rule amendments are to implement the Commission’s new redfish (red drum) management approach by establishing new management regions and to revise redfish regulations in response to evaluation of the ....

 

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-22.005Bag and Vessel Limits; Sale Prohibited

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

PURPOSE AND EFFECT: The purposes of these rule amendments are to implement the Commission’s new redfish (red drum) management approach by establishing new management regions and to revise redfish regulations in response to evaluation of the redfish fishery and stakeholder feedback.

The effect of these rule amendments would be to establish nine new management regions and set the redfish recreational bag and vessel limits for each new region, prohibit captain and crew from retaining a redfish bag limit during a for-hire trip, and reduce the off-the-water transport limit.

SUMMARY: These rules would establish nine management regions and set the bag and vessel limits for each region. Additionally, these rules would prohibit captain and crew from retaining a bag limit during a for-hire trip and reduce the off-the-water transport limit statewide.

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 DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting July 13-14, 2022, 8:30 a.m. – 5:00 p.m. each day

PLACE: Adam W. Herbert University Center, 12000 Alumni Drive, Jacksonville, Florida 32224

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) The purpose and intent of this chapter is to protect, manage, conserve and replenish Florida’s depleted red drum (redfish) resource, species Sciaenops ocellatus, which has suffered extreme declines in abundance in recent years.

(2) through (3) No change.

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 9-1-22.

 

68B-22.002 Definitions.

(1) “Big Bend Region” means all Florida Waters of the Gulf of Mexico lying east of 84°20.800’ West Longitude in Franklin County and north of a line running due east and due west from the westernmost point of Fred Howard Park Causeway (28°09.350’N, 82°48.398’W), and including all waters of Ochlockonee Bay and the Ochlockonee River and all waters of the Anclote River and its tributaries.

(2) “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.

(3) “Charlotte Harbor Region” means all Florida Waters lying south of 27°04.727’ North Latitude (approximately 0.4 miles north of the Venice Municipal Fishing Pier in Sarasota County), all Florida Waters north of a line extending due west from a point located at 26°15.227'N, 81°49.412'W in Collier County, and all Florida Waters north of Vanderbilt Beach Road (County Road 862) in Collier County.

(2) through (5) renumbered as (4) through (7). No change.

(8) “Indian River Lagoon Region” means all Florida Waters lying south of Lytle Avenue/South Causeway (State Road A1A) in Volusia County, all Florida Waters south of a line extending due east from a point located at 29°01.755’N, 80°54.160’W in Volusia County, and all Florida Waters north of the Martin-Palm Beach county line, excluding all waters of the Loxahatchee River and its tributaries.

(9)(6) “Land,” when used in conjunction with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

(10)(7) “Northeast Region” means all Florida state Wwaters lying north of the Indian River Lagoon Region Flagler-Volusia County Line and south of to the Florida-Georgia border and adjacent federal Exclusive Economic Zone (EEZ) waters.

(8) “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.

(11) “Panhandle Region” means all Florida Waters lying east of the Florida-Alabama border and west of the western boundary of the Big Bend Region, excluding all waters of the Ochlockonee River and Ochlockonee Bay.

(9) through (10) renumbered as (12) through (13). No change.

(14) “Sarasota Bay Region” means all Florida Waters lying south of the Tampa Bay Region and north of the Charlotte Harbor Region, including all waters of Palma Sola Bay, excluding all waters of the Braden River and excluding all tributaries of the Manatee River.

(15)(11) “Southeast South Region” means all Florida state Wwaters lying south of between the Martin-Palm Beach Flagler-Volusia cCounty lLine on the Atlantic Ocean and north of the Miami-Dade/Monroe county line, including all waters of the Loxahatchee River and its tributaries the southern boundary of the Northwest Region on the Gulf of Mexico in Pinellas County, as specified in subsection (8), and adjacent federal Exclusive Economic Zone (EEZ) waters.

(16) “Southwest Region” means all Florida Waters lying south of the Charlotte Harbor Region and all Florida Waters lying south of the Southeast Region.

(17)(12) “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).

(18) “Tampa Bay Region” means all Florida Waters lying south of a line running due east and due west from the westernmost point of Fred Howard Park Causeway in Pinellas County (28°09.350’N, 82°48.398’W), all Florida Waters north of State Road 64 in Manatee County, and all Florida Waters north of a line extending due west from a point located at 27°29.823'N, 82°42.659'W (the western terminus of State Road 64 in Manatee County) including all waters of the Braden River and all tributaries of the Manatee River, excluding all waters of Palma Sola Bay and all waters of the Anclote River and its tributaries.

(13) through (14) renumbered as (19) through (20). No change.

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, 9-1-22.

 

68B-22.005 Regional Recreational Bag, and Vessel, and Possession Limits; Bag Limit for Captain and Crew on For-hire Trips; Sale Prohibited.

(1) Recreational Bag Limits Northeast Regional Bag Limit – Except as provided for in Rule 68B-22.007, F.A.C., a recreational harvester may not harvest or land per day or possess more redfish than the specified bag limit established in this subsection within the following regions in the northeast region, no person shall harvest nor possess more than two native redfish per day while in, or on Florida Waters, or above the waters of the state or on any dock, pier, bridge, beach, boat ramp, or other fishing site adjacent to such waters, and any parking location adjacent to said fishing sites:.

(a) Panhandle Region – One (1) redfish.

(b) Big Bend Region – Two (2) redfish.

(c) Tampa Bay Region – One (1) redfish.

(d) Sarasota Bay Region – One (1) redfish.

(e) Charlotte Harbor Region – One (1) redfish.

(f) Southwest Region – One (1) redfish.

(g) Southeast Region – One (1) redfish.

(h) Indian River Lagoon Region – A person may not harvest, land, or possess a redfish within the Indian River Lagoon Region.

(i) Northeast Region – Two (2) redfish.

(2) Recreational Vessel Limits Northwest and South Regional Bag Limit – The persons aboard a vessel in or on Florida Waters may not collectively harvest, possess, or land more redfish than the specified vessel limit established in this subsection within the following regions. This provision will not be construed to authorize harvest or possession of redfish in excess of applicable bag limits Except as provided for in Rule 68B-22.007, F.A.C., in the northwest and south regions, no person shall harvest nor possess more than one native redfish per day while in, on, or above the waters of the state or on any dock, pier, bridge, beach, boat ramp, or other fishing site adjacent to such waters, and any parking location adjacent to said fishing sites.

(a) Panhandle Region – Four (4) redfish.

(b) Big Bend Region – Four (4) redfish.

(c) Tampa Bay Region – Two (2) redfish.

(d) Sarasota Bay Region – Two (2) redfish.

(e) Charlotte Harbor Region – Two (2) redfish.

(f) Southwest Region – Two (2) redfish.

(g) Southeast Region – Two (2) redfish.

(h) Indian River Lagoon Region – The persons aboard a vessel on or on the Indian River Lagoon Region may not harvest, possess, or land a redfish.

(i) Northeast Region – Four (4) redfish.

(3) Captain and Crew Harvest Prohibited – On a vessel for hire, a person who is the captain or a crew member may not harvest or possess a redfish Vessel Limit – Notwithstanding subsections (1) and (2), above, no more than 8 red drum shall be possessed aboard any vessel in or on state waters at any time.

(4) Transport Possession Limit – No person shall possess more than four six native red drum while in transit on land.

(5) 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.

(6)(5) Sale of Native Redfish Prohibited –

(a) A person may not purchase or sell a redfish that was harvested from Florida Waters The purchase, sale, or exchange of any native redfish is prohibited.

(b)1. A person may purchase, sell, or possess a redfish that was legally harvested outside of Florida Waters This prohibition, however, does not apply to legally harvested non-native redfish that has have entered the State of Florida in interstate commerce.

2. A person in possession of a redfish for sale has tThe burden of establishing shall be upon any person possessing such redfish for sale or exchange to establish the chain of possession of such redfish beginning with from the initial transaction after harvest, by producing the appropriate receipt(s), bill(s) of sale, and or bill(s) of lading., A person in possession of a redfish for sale has the burden of showing and to show that such redfish originated from a point outside of Florida Waters the waters of the State of Florida, and entered the state in interstate commerce. A person in possession of a redfish for sale must maintain, and shall promptly produce at the request of any duly authorized law enforcement officer, Failure to maintain such documentation or to promptly produce same at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.

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, 11-1-16, 9-1-22.

 

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

(1) Except as provided in this rule, the practice of catching, holding, and releasing redfish is prohibited. The Executive Director of the FWC, or his designee, shall issue a tournament exemption permit to the director of a catch-and-release fishing tournament to allow redfish to be caught, held, and released during the tournament, and to allow the tournament to exceed redfish bag and possession limits pursuant to Rule 68B-22.005 subsection 68B-22.005(1), F.A.C., after redfish have been weighed-in, provided that each of the following conditions is met:

(a) through (i) No change.

(2) through (4) No change.

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

Amended 9-1-22.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 04, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 23, 2022