In general, state and federal regulations require most marine fish to be landed whole (e.g., fish may not be possessed as fillets on the water). In January 2016, the South Atlantic Fishery Management Council created an exemption allowing ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-41.003Regional Recreational Size Limit; Commercial Size Limits; Landed in Whole Conditional Requirement

68B-41.007Prohibited Sale; Vessel for Hire Exception

PURPOSE AND EFFECT: In general, state and federal regulations require most marine fish to be landed whole (e.g., fish may not be possessed as fillets on the water). In January 2016, the South Atlantic Fishery Management Council created an exemption allowing recreational anglers to transit Atlantic federal waters with fillets of recreationally harvested dolphin from The Bahamas provided specific conditions were met. The Commission is considering rules that are consistent with recent changes for federal waters. Specifically, these proposed rules would create an exception in state rule allowing anglers to land dolphin as fillets instead of as whole fish, provided the dolphin were recreationally harvested in The Bahamas and anglers adhere to several conditions.

To qualify for this exception, anglers would be required to keep skin on fillets for the purpose of species identification. Anglers would also be required to comply with South Atlantic federal bag and possession limits. For the purpose of these rules, two fillets would count as one fish towards the dolphin bag and passion limits. To serve as proof that the fish were harvested in Bahamian waters, the vessel would be required to have valid Bahamian fishing and cruising permits and each passenger aboard the vessel would be required to possess a valid government passport with current stamps and dates from The Bahamas. When transiting state waters, the vessel would be required to maintain a continuous course with all fishing gear stowed. The final condition would prohibit sale and purchase of dolphin transited to Florida under this exception.

The proposed rule changes would benefit Florida residents and tourists who depart from Florida ports to fish in The Bahamas, because it would allow them to return to Florida with their Bahamian-caught dolphin as fillets. Aboard small recreational fishing vessels, it is more practical to store fish as fillets, rather than as whole fish, and doing so can help minimize food safety risks. Additionally, implementing these proposed rules would create consistency with federal regulations off Florida’s Atlantic coast and make rule compliance simpler for recreational anglers.

The effect of the proposed rules would be an exception allowing recreational anglers to land dolphin as fillets, rather than as whole fish, when returning to Florida by boat with dolphin caught in Bahamian waters. Creating this exception would benefit Florida residents and tourists by offering them an alternative means to safely store and transport their Bahamian catch and by creating consistent regulations with adjacent federal waters.

SUMMARY: These proposed rules would create an exception allowing recreational anglers to land dolphin as fillets instead of as whole fish, provided the dolphin were recreationally harvested in The Bahamas and specific conditions are met. The conditions would require (1) skin to remain on the fillets; (2) anglers to comply with South Atlantic federal bag and possession limits; (3) the vessel to possess valid Bahamian fishing and cruising permits; and (4) each passenger to possess valid government passports with current Bahamian stamps and travel dates. For the purpose of the proposed rules, two fillets would count as one fish towards dolphin bag and possession limits. Vessels transporting filleted dolphin from The Bahamas would be required to maintain direct and continuous transit through state waters with all fishing gear stowed. Finally, the proposed rules would prohibit the sale and purchase of dolphin transported to Florida under this exception.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting September 8-9, 2016, 8:30 a.m. – 5:00 p.m., each day

PLACE: World Golf Village Renaissance St. Augustine Resort, 500 South Legacy Trail, St. Augustine, FL 32092

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-41.003 Regional Recreational Size Limits; Commercial Size Limits; Landed in Whole Condition Requirement and Exception.

(1) through (2) No change.

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

(a) Landed in Whole Condition Exception – Recreational anglers that lawfully harvest dolphin in waters of the Commonwealth of the Bahamas are exempt from the requirement to land dolphin in whole condition under the following conditions:

1. Skin must remain intact on the entire fillet of any dolphin carcass.

2. A person or vessel that lawfully harvests dolphin in Bahamian waters and transits through Florida waters must comply with the bag and possession limits specified in 50 C.F.R. § 622.277 (as of January 27, 2016). Two fillets of dolphin, regardless of the length of each fillet, is equivalent to one fish.

3. Valid Bahamian fishing and cruising permits are on board the vessel.

4. Each person on the vessel has a valid government passport with current stamps and dates from the Commonwealth of the Bahamas.

5. The vessel is in transit through state waters with fishing gear appropriately stowed. For the purpose of this rule, a vessel is in transit when it is on a direct and continuous course through state waters and no one aboard the vessel fishes in state waters. For the purpose of this rule, fishing gear appropriately stowed means that terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately from such fishing gear. Sinkers must be disconnected from the down rigger and stowed separately.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Formerly 46-41.003, Amended 1-3-05, 9-1-13, __-__-__.

 

68B-41.007 Prohibited Sale; Vessel for Hire Exception.

(1) The captain of a Vessel for Hire may sell a dolphin that was harvested aboard a charter vessel pursuant to subsection 68B-41.004(1), F.A.C., if the captain is properly licensed (by both state and federal authorities) to harvest dolphin for commercial purposes.

(2) Dolphin harvested from Bahamian waters and transited to Florida pursuant to the requirements specified in paragraph 68B-41.003(3)(a) may not be sold or purchased.

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

 

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, and [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2016