The purpose of these rule amendments is to improve the status of the spotted seatrout fishery statewide by modifying harvest regulations provided in 68B-37, Florida Administrative Code (F.A.C.). The effect of these rule amendments will be to ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-37.002Definitions

68B-37.003Size Limits for Recreational and Commercial Harvest; Whole Condition Requirement

68B-37.004Regional Recreational Bag Limits; Commercial Bag, Vessel, and Landing Limits

68B-37.005Commercial Seasons

68B-37.007Purchase and Sale Prohibitions

PURPOSE AND EFFECT: The purpose of these rule amendments is to improve the status of the spotted seatrout fishery statewide by modifying harvest regulations provided in 68B-37, Florida Administrative Code (F.A.C.).

 

The effect of these rule amendments will be to update the Commission’s spotted seatrout management zones, modify the recreational slot limit, modify the allowance for recreational harvesters to keep spotted seatrout larger than the slot size limit, prohibit for-hire captains and crew from keeping a personal bag limit when engaged in a for-hire trip, re-establish winter closed seasons in some areas, reduce recreational bag limits, and reduce commercial bag and vessel limits.

SUMMARY: These rule amendments will modify regulations for the spotted seatrout fishery statewide. The rule amendments will update the Commission’s spotted seatrout management zones, modify the recreational slot limit, modify the allowance for recreational harvesters to keep spotted seatrout larger than the slot size limit, prohibit for-hire captains and crew from keeping a personal bag limit when engaged in a for-hire trip, re-establish winter closed seasons in some areas, reduce recreational bag limits, and reduce commercial bag and vessel limits.

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:

DATES AND TIMES: During the Commission’s regular meeting December 11-12, 2019, 8:30 a.m. – 5:00 p.m. each day

PLACE: Edgewater Beach & Golf Resort, 11212 Front Beach Rd., Panama City Beach, FL 32407

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-37.002 Definitions.

As used in Chapter 68B-37, F.A.C.:

(1) “Big Bend Region” means all Florida Waters and adjacent federal waters of the Gulf of Mexico lying east of 85°13.76’ West Longitude in Gulf County and north of a line running due east and due west from the westernmost point of Fred Howard Park Causeway (28°9.35'N, 82°48.398'W), and all waters of Indian Lagoon in Gulf County.

(2) “Central East Region” means all Florida Waters and adjacent federal waters lying south of the southern boundary of the Northeast Region as specified in subsection (3), north of the Palm Beach-Broward county line, and north of a line extending due east from a point where the Palm Beach-Broward county line meets the Atlantic Ocean (26°19.260’N, 80°04.464’W).

(3) “Northeast Region” means all Florida Waters and adjacent federal waters lying south north of the Flagler-Volusia county line to the Florida-Georgia border, north of the Flagler-Volusia county line, and north of a line extending due east from a point where the Flagler-Volusia county line meets the Atlantic Ocean (29°25.632’N, 81°06.150’W) and adjacent federal waters.

(2) “Northwest Region” means all Florida Waters lying 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 waters.

(3) “Southeast Region” means all Florida Waters lying south of the Flagler-Volusia County Line and north of Miami-Dade-Monroe County Line at Card Sound, and adjacent federal Exclusive Economic Zone waters.

(4) “South Southwest Region” means all Florida Waters and adjacent federal waters lying south and west of the southern boundary of the Central East Region as specified in subsection (2) Miami-Dade-Monroe County Line at Card Sound and south of the southern boundary of the Big Bend Northwest Region in the Gulf of Mexico in Pinellas County, as specified in subsection (1)(2), and adjacent federal waters.

(5) “Spotted seatrout” means a fish of the species Cynoscion nebulosus, or any part thereof.

(6) “Western Panhandle Region” means all Florida Waters and adjacent federal waters lying east of the Florida-Alabama border, west of the western boundary of the Big Bend Region as specified in subsection (1), and north of 28°09.35’ North Latitude (approximately 1.17 miles south of the Pasco-Pinellas county line).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.002, Amended 7-1-00, 7-1-06, 2-1-12, 9-1-13, 2-1-20.

 

68B-37.003 Size Limits for Recreational and Commercial Harvest; Whole Condition Requirement.

(1) Minimum and Maximum Size Limits –

(a) Recreational Minimum and Maximum Size Limits –

1. Except as provided in subparagraph 2., a recreational harvester may not harvest or possess within or without Florida Waters or land a spotted seatrout that is less than 15 inches or greater than 19 20 inches in total length.

2.a. Except as provided in sub-subparagraph (1)(a)2.b., aA recreational harvester may harvest and possess, within or without Florida Waters, and land only 1 spotted seatrout per day that is greater than 19 20 inches in total length. This provision will not be construed to authorize harvest or possession of spotted seatrout of any size in excess of the applicable bag limits.

b. Recreational harvesters aboard a vessel within or without Florida Waters may not collectively harvest or land more than 1 spotted seatrout per day that is greater than 19 inches total length or possess more than 1 spotted seatrout that is greater than 19 inches total length.

(b) Commercial Minimum and Maximum Size Limits Limit – A commercial harvester may not harvest or possess within or without Florida Waters or land a spotted seatrout that is less than 15 inches or greater than 24 inches in total length.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.003, Amended 7-1-00, 2-1-12, 9-1-13, 2-1-20.

 

68B-37.004 Regional Recreational Bag Limits; Bag Limit for Captain and Crew on For-hire Trips; Commercial Bag, Vessel, and Landing Limits.

(1) Recreational Bag Limits – A recreational harvester may not harvest or land per day from Florida Waters or possess at any time more spotted seatrout than the specified bag limit established in this subsection within the following identified regions:

(a) Western Panhandle Region – Three (3) spotted seatrout Southeast and Southwest Regions –Four (4) spotted seatrout.

(b) Big Bend Region Northwest Region – Four (4) Five (5) spotted seatrout.

(c) South Region – Three (3) spotted seatrout.

(d) Northeast Region – Five (5) Six (6) spotted seatrout.

(e) Central East Region – Two (2) spotted seatrout.

(2) 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 spotted seatrout.

(3) (2) Commercial Limits –

(a) Bag Limit ‒ A commercial harvester may not harvest within or without Florida Waters or land more than 50 75 spotted seatrout per day or possess within or without Florida Waters more than 50 75 spotted seatrout.

(b) Vessel Limits –

1. Except as provided in subparagraph 2., commercial harvesters aboard a vessel may not collectively harvest no more than 75 spotted seatrout may be harvested within or without Florida Waters or land more than 50 spotted seatrout per day, or possess more than 50 spotted seatrout possessed aboard a vessel within or without Florida Waters, or landed per day from a vessel fishing pursuant to a vessel saltwater products license.

2. Two or more commercial harvesters aboard a vessel and operating pursuant to two or more valid saltwater products licenses may not collectively harvest within or without Florida Waters or land more than 100 spotted seatrout per day, or possess more than 100 spotted seatrout within or without Florida Waters. This provision will not be construed to authorize harvest or possession of spotted seatrout in excess of the applicable bag limits. No more than 150 spotted seatrout may be harvested within or without Florida Waters per day, possessed aboard a vessel within or without Florida Waters, or landed per day, from:

a. A vessel fishing pursuant to a vessel saltwater products license with at least one individually-licensed commercial harvester also aboard, or

b. A vessel with two or more individually-licensed commercial harvesters aboard.

(c) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, 8-1-96, Formerly 46-37.004, Amended 7-1-00, 2-1-12, 9-1-13, 2-1-20.

 

68B-37.005 Commercial Seasons.

(1) Recreational Closed Seasons –

(a) Except as provided in paragraphs (1)(b) and (1)(c), there is no closed season for the recreational harvest of spotted seatrout.

(b) Western Panhandle Region – A person may not harvest or land a spotted seatrout from waters of the Western Panhandle Region or possess a spotted seatrout in or on waters of the Western Panhandle Region beginning February 1 and continuing through the last day of February each year.

(c) Central East Region – A person may not harvest or land a spotted seatrout from waters of the Central East Region or possess a spotted seatrout in or on waters of the Central East Region beginning November 1 and continuing through December 31 each year.

(2) Commercial Open Seasons – The harvest, landing, and possession of spotted seatrout for commercial purposes shall be limited each year to the period established in this subsection within the following identified regions:

(a) South Southwest Region, Big Bend Region, and Western Panhandle Northwest Region – Beginning June 1 and continuing through October 31.

(b) Central East Southeast Region – Beginning May 1 and continuing through September 30.

(c) Northeast Region – Beginning June 1 and continuing through November 30.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 11-1-89, Amended 1-1-96, Formerly 46-37.005, Amended 2-1-12, 9-1-13, 2-1-20.

 

68B-37.007 Purchase and Sale Prohibitions.

Sale of spotted seatrout shall adhere to the following restrictions.

(1) In a closed region, within the first 30 days following a regional closure, inventory of spotted seatrout may be possessed or sold, and all spotted seatrout in inventory must be reported to the Commission on the Closed Season Spotted Seatrout Declaration Form DMF-3700 (01/20) (02/12), which is hereby incorporated by reference. Copies can be obtained by contacting the Fish and Wildlife Conservation Commission, Saltwater Licenses and Permits, 620 S. Meridian Street, Tallahassee, Florida 32399-1600 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-00808. Form DMF-3700 (01/20) (02/12) must be submitted to the Commission by the seventh day after a regional closure and a copy shall be held at the place of business through the 30 days following a regional closure. After 30 days following a regional closure, no spotted seatrout may be possessed in a closed region, except as provided for in subsection (3).

(2) For purposes of this rule and form DMF-3700 (01/20) (02/12), the following counties are included in the regions:

(a) Northeast Region includes Baker, Clay, Duval, Flagler, Nassau, Putnam, and St. Johns cCounties;

(b) Central East Southeast Region includes Brevard, Broward, Dade, Indian River, Lake, Martin, Okeechobee, Orange, Osceola, Palm Beach, Seminole, St. Lucie, and Volusia cCounties;

(c) South Southwest Region includes Broward, Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Lee, Manatee, Miami-Dade, Monroe, Pinellas, Polk, and Sarasota cCounties;

(d) Big Bend Northwest Region includes Alachua, Bay, Bradford, Calhoun, Citrus, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Marion, Okaloosa, Pasco, Santa Rosa, Sumter, Suwannee, Taylor, Union, and Wakulla, Walton, and Washington cCounties.

(e) Western Panhandle Region includes Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington counties.

(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13, Amended 2-1-20.

 

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: October 2, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 23, 2019