The purposes of these rule amendments are to implement the Commission’s new snook management approach by establishing new management regions and to revise regulations in response to evaluation of the snook fishery. The ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-21.002Definitions

68B-21.003Regional Size Limits; Landed in Whole Condition Requirement

68B-21.004Regional Recreational Bag Limits; Bag Limit for Captain and Crew; Prohibited Commercial Harvest; Region for Landing and Possession

68B-21.005Seasons

PURPOSE AND EFFECT: The purposes of these rule amendments are to implement the Commission’s new snook management approach by establishing new management regions and to revise regulations in response to evaluation of the snook fishery.

 

The effect of these rule amendments would be to establish nine new management regions and set the snook bag and vessel limits, slot limit, and seasons for each new region.

SUMMARY: These rules would establish nine management regions for snook and set the snook bag and vessel limits, slot limit, and seasons for each new region.

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:

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 October 4-5, 2023, 8:30 a.m. – 5:00 p.m. each day

PLACE: Hutchinson Shores Resort, 3793 NE Ocean Boulevard, Jensen Beach, Florida, 34957

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-21.002 Definitions.

As used in Chapter 68B-21, F.A.C.:

(1) “Big Bend Atlantic Region” means all Florida Waters and adjacent federal waters of the Gulf of Mexico lying east of 84°20.800ꞌ 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), all waters of Pinellas County north of 28°09.350’ North Latitude, all waters of Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Jefferson, Lafayette, Leon, Levy, Madison, Pasco, Sumter, Suwannee, Taylor, Union, and Wakulla counties, and including all waters of Ochlockonee Bay and the Ochlockonee River, all waters of the Withlacoochee River, and all waters of the Anclote River and its tributaries all state and federal waters of the Atlantic Ocean north and east of the Dade-Monroe County line, and all inland waters of the counties encompassed by the St. Johns River Water Management District, and the South Florida Water Management District, except Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, and Monroe County, but including all waters of Lake Okeechobee and the Kissimmee River.

(2) “Charlotte Harbor Region” means all Florida Waters and adjacent federal waters lying south of the Sarasota Bay Region and north of a line extending due west from a point located at 26°15.227’N, 81°49.412’W in Collier County, all waters of Collier County north of 26°15.227’ North Latitude, all waters of Manatee and Sarasota counties east and south of the Sarasota Bay Region, all waters of Charlotte, DeSoto, Glades, Hardee, Hendry, Highlands, Lee, and Polk counties, including all waters and tributaries of the Caloosahatchee, Myakka, and Peace rivers, excluding all waters of Lake Okeechobee. “Gulf Region” means all state and federal waters of the Gulf of Mexico, the inland waters of Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, Monroe County and all counties encompassed by the Southwest Florida Water Management District, the Suwannee River Water Management District, and the Northwest Florida Water Management District, and all waters of Everglades National Park, but excluding all waters of Lake Okeechobee and the Kissimmee River.

(3) “Indian River Lagoon Region” means all Florida Waters and adjacent federal waters lying south of a line extending due east from a point located at 29°01.755’N, 80°54.160’W in Volusia County and north of the Martin-Palm Beach county line, all waters of Martin, Okeechobee, Osceola, St. Lucie, Indian River, and Brevard counties, all inside waters of Volusia County south of Lytle Avenue/South Causeway (State Road A1A), all waters of Volusia County south of State Road 44 and east of I-95, including all waters of the Kissimmee River, Cypress Lake, Lake Hatchineha, Lake Kissimmee, and Lake Okeechobee, excluding all waters of the Loxahatchee River and its tributaries and all waters of the St. Johns River and its tributaries.

(4) “Northeast Region” means all Florida Waters and adjacent federal waters lying south of the Florida-Georgia border and north of the North Indian River Lagoon Region, all waters of Baker, Clay, Duval, Flagler, Lake, Marion, Nassau, Orange, Putnam, Seminole, and St. Johns counties, all waters of Volusia County north and west of the Indian River Lagoon Region, including all waters of the St. Johns River and its tributaries, excluding all waters of the Withlacoochee River, Kissimmee River, Cypress Lake, Lake Hatchineha, and Lake Kissimmee.

(5) “Panhandle Region” means all Florida Waters and adjacent federal waters lying east of the Florida-Alabama border and west of the western boundary of the Big Bend Region, all waters of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, and Washington counties, excluding all waters of the Ochlockonee River and Ochlockonee Bay.

(6) “Sarasota Bay Region” means all Florida Waters and adjacent federal waters lying south of the Tampa Bay Region and north of 27°04.727’ North Latitude (approximately 0.4 miles north of the Venice Municipal Fishing Pier in Sarasota County), all waters of Manatee County south of State Road 64 and west of 82°22.500’ West Longitude, and all waters of Sarasota County west of 82°22.500’ West Longitude and north of 27°04.727’ North Latitude, including all waters of Palma Sola Bay, Phillippi Creek, Cow Pen Slough Canal, and Curry Creek, excluding all waters and tributaries of the Braden and Manatee rivers.

(7)(3) “Snook” means a fish of the genus Centropomus, or any part thereof.

(8) “Southeast Region” means all Florida Waters and adjacent federal waters lying south of the Martin-Palm Beach county line and north of the Miami-Dade/Monroe county line, all waters of Broward, Miami-Dade, and Palm Beach counties, including all waters of the Loxahatchee River and its tributaries, Hillsboro Canal, Miami Canal, North New River Canal, and West Palm Beach Canal, excluding all waters of Lake Okeechobee and all waters of Everglades National Park.

(9) “Southwest Region” means all Florida Waters and adjacent federal waters lying south of the Charlotte Harbor Region and all Florida Waters and adjacent federal waters lying south of the Southeast Region, all waters of Collier County south of 26°15.227’ North Latitude, all waters of Monroe County, and all waters of Everglades National Park.

(10) “Tampa Bay Region” means all Florida Waters and adjacent federal waters lying south of a line extending 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) and 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), all waters of Manatee County north of State Road 64, and all waters of Pinellas and Hillsborough counties, including all waters and tributaries of the Alafia, Braden, Manatee, and Hillsborough rivers, excluding all waters of Palma Sola Bay and all waters of the Anclote River and its tributaries.

 

PROPOSED EFFECTIVE DATE: January 1, 2024

 

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.002, Amended 9-1-13, 1-1-24 .

68B-21.003 Regional Size Limits; Landed in Whole Condition Requirement.

(1) Minimum and Maximum Size Limits – A person may not harvest or land from within or without Florida Waters of the following regions, or possess within or without Florida Waters of the following regions, a snook that does not meet the specified size limits established in this subsection for each region: The following size limits apply within or without Florida Waters in the specified region.

(a) Panhandle Atlantic Region – No less than 28 inches or greater than 33 inches in total length A person may not harvest from the Atlantic Region, possess in the region, or land in the region a snook that is less than 28 inches or greater than 32 inches in total length.

(b) Big Bend Gulf Region – No less than 28 inches or greater than 33 inches in total length A person may not harvest from the Gulf Region, possess in the region, or land in the region a snook that is less than 28 inches or greater than 33 inches in total length.

(c) Tampa Bay Region – No less than 28 inches or greater than 33 inches in total length.

(d) Sarasota Bay Region – No less than 28 inches or greater than 33 inches in total length.

(e) Charlotte Harbor Region – No less than 28 inches or greater than 33 inches in total length.

(f) Southwest Region – No less than 28 inches or greater than 33 inches in total length.

(g) Southeast Region – No less than 28 inches or greater than 32 inches in total length.

(h) Indian River Lagoon Region – No less than 28 inches or greater than 32 inches in total length.

(i) Northeast Region – No less than 28 inches or greater than 32 inches in total length.

(2) No change.

 

PROPOSED EFFECTIVE DATE: January 1, 2024

 

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.003, Amended 5-13-02, 7-12-07, 9-3-09, 9-1-13, 1-1-24.

68B-21.004 Regional Recreational Bag Limits; Regional Recreational Vessel Limits; Bag Limit for Captain and Crew; Prohibited Commercial Harvest; Region for Landing and Possession.

(1) Regional Recreational Bag Limits – A person may not harvest or land per day from within or without Florida Waters of the following regions, or possess within or without Florida Waters of the following regions, more snook than the specified bag limit established in this subsection for each region: The following limits apply within or without Florida Waters in the specified region.

(a) Panhandle Atlantic Region – A person may not harvest or land from the Atlantic Region more than Oone (1) snook per day or possess in the Atlantic Region more than one snook.

(b) Big Bend Gulf Region – A person may not harvest or land from the Gulf Region more than Oone (1) snook per day or possess in the Gulf Region more than one snook.

(c) Tampa Bay Region – A person may not harvest, land, or possess a snook within the Tampa Bay Region.

(d) Sarasota Bay Region – One (1) snook per day.

(e) Charlotte Harbor Region – One (1) snook per day.

(f) Southwest Region – One (1) snook per day.

(g) Southeast Region – One (1) snook per day.

(h) Indian River Lagoon Region – One (1) snook per day.

(i) Northeast Region – One (1) snook per day.

(2) Regional Recreational Vessel Limits –

(a) Except as provided in paragraph (b) for the Tampa Bay Region, two or more recreational harvesters aboard a vessel within or without Florida Waters may not collectively harvest or land more than two (2) snook per day, or possess within or without Florida Waters more than two (2) snook.

(b) The persons aboard a vessel in or on waters of the Tampa Bay Region may not harvest, possess, or land a snook.

(c) This provision will not be construed to authorize harvest or possession of snook in excess of applicable bag limits.

(3)(c) 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 snook within or without Florida waters.

(4)(2) Commercial Harvest Prohibited – Within or without Florida Waters, a person may not harvest, possess, or land a snook for commercial purposes.

(3) A person harvesting snook from the region defined in paragraph (1)(a), may not possess or land the snook in the region defined in paragraph (1)(b).

 

PROPOSED EFFECTIVE DATE: January 1, 2024

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, Formerly 46-21.004, Amended 1-1-02, 7-12-07, 9-3-09, 9-1-13, 1-1-24 .

68B-21.005 Seasons.

Regional Closed Seasons – During the closed seasons for snook established in this rule for the following regions, a person may not harvest or land a snook from within or without Florida Waters of the specified region, or possess a snook in the specified region, regardless of whether the snook was harvested within or without Florida Waters:.

(1) Panhandle Atlantic Region – Snook season in the Panhandle Region is closed:

(a) Snook season in the Atlantic Region is closed Bbeginning on May June 1 and continuing through August 31 each year; and,.

(b) Snook season in the Atlantic Region is closed Bbeginning on December 1 15 each year and continuing through the last day of February January 31 of the following year.

(2) Big Bend Gulf Region – Snook season in the Big Bend Region is closed:

(a) Snook season is closed in the Gulf Region Bbeginning on May 1 and continuing through August 31 each year; and,.

(b) Snook season is closed in the Gulf Region Bbeginning on December 1 each year and continuing through the last day of February of the following year.

(3) Tampa Bay Region – Snook season in the Tampa Bay Region is closed:

(a) Beginning on May 1 and continuing through August 31 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(4) Sarasota Bay Region – Snook season in the Sarasota Bay Region is closed:

(a) Beginning on May 1 and continuing through August 31 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(5) Charlotte Harbor Region – Snook season in the Charlotte Harbor Region is closed:

(a) Beginning on May 1 and continuing through September 30 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(6) Southwest Region – Snook season in the Southwest Region is closed:

(a) Beginning on May 1 and continuing through September 30 each year; and,

(b) Beginning on December 1 each year and continuing through the last day of February of the following year.

(7) Southeast Region – Snook season in the Southeast Region is closed:

(a) Beginning on June 1 and continuing through August 31 each year; and,

(b) Beginning on December 15 each year and continuing through January 31 of the following year.

(8) Indian River Lagoon Region – Snook season in the Indian River Lagoon Region is closed:

(a) Beginning on June 1 and continuing through August 31 each year; and,

(b) Beginning on December 15 each year and continuing through January 31 of the following year.

(9) Northeast Region – Snook season in the Northeast Region is closed:

(a) Beginning on June 1 and continuing through August 31 each year; and,

(b) Beginning on December 15 each year and continuing through January 31 of the following year.

 

PROPOSED EFFECTIVE DATE: January 1, 2024

 

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 12-31-98, Formerly 46-21.005, Amended 7-1-06, 7-19-06, 7-12-07, 9-3-09, 9-1-13, 1-1-24.

 

 

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, 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 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 3, 2023