The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) spotted seatrout rules. The spotted seatrout Chapter (68B-37) has been reformatted to simplify ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-37.001Purpose and Intent; Repeal of Other Laws; Designation as Restricted Species

68B-37.002Definitions

68B-37.003Size Limits

68B-37.004Regional Bag Limits

68B-37.005Commercial Seasons; Daily Harvest Limit; Vessel Limit

68B-37.006Gear Specifications and Prohibited Gear; Bycatch Allowance

68B-37.007Purchase and Sale Prohibitions

PURPOSE AND EFFECT: The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) spotted seatrout rules. The spotted seatrout Chapter (68B-37) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.

The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.

SUMMARY: Chapter 68B-37 (Spotted Seatrout) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.

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 DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

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:

 

(Substantial rewording of Rule 68B-37.001 follows. See Florida Administrative Code for present text.)

 

68B-37.001 Designation as a Restricted Species; Repeal of Other Laws; Purpose and Intent.

(1) Designation as a Restricted Species – Spotted seatrout are hereby designated as a restricted species pursuant to Section 379.101(32), F.S.

(2) Purpose and Intent – The purpose and intent of this chapter are to protect and conserve Florida's spotted seatrout resources and assure the continuing health and abundance of those resources.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 11-1-89, Formerly 46-37.001, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-37.002 follows. See Florida Administrative Code for present text.)

 

68B-37.002 Definitions.

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

(1) “Northeast Region” means all Florida Waters lying north of the Flagler-Volusia County Line to the Florida-Georgia border, and adjacent federal Exclusive Economic Zone 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) “Southwest Region” means all Florida Waters lying south and west of the Miami-Dade-Monroe County Line at Card Sound and south of the southern boundary of the Northwest Region in the Gulf of Mexico in Pinellas County, as specified in subsection (2), and adjacent federal Exclusive Economic Zone waters.

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

PROPOSED EFFECTIVE DATE: September 1, 2013.

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.

 

(Substantial rewording of Rule 68B-37.003 follows. See Florida Administrative Code for present text.)

 

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 (1)(a)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 20 inches in total length.

2. A recreational harvester may harvest and possess within or without Florida Waters and land only 1 spotted seatrout per day that is greater than 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) Commercial Minimum and Maximum Size 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) Landed in Whole Condition Requirement – A person harvesting spotted seatrout within or without Florida Waters shall land each spotted seatrout in whole condition. A person may not possess within or without Florida Waters a spotted seatrout that has been beheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned. This provision will not be construed to prohibit evisceration (gutting) of a spotted seatrout, or removal of gills from a spotted seatrout.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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.

 

(Substantial rewording of Rule 68B-37.004 follows. See Florida Administrative Code for present text.)

 

68B-37.004 Regional Recreational Bag Limits; 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) Southeast and Southwest Regions – Four (4) spotted seatrout.

(b) Northwest Region – Five (5) spotted seatrout.

(c) Northeast Region – Six (6) spotted seatrout.

(2) Commercial Limits –

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

(b) Vessel Limits –

1. Except as provided in subparagraph 2, no more than 75 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 vessel fishing pursuant to a vessel saltwater products license.

2. 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) A person may not tow a vessel in order to exceed the commercial limits established in this subsection.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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.

 

(Substantial rewording of Rule 68B-37.005 follows. See Florida Administrative Code for present text.)

 

68B-37.005 Commercial Seasons; Daily Harvest Limit; Vessel Limit.

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

(a) Southwest Region and Northwest Region – Beginning June 1 and continuing through October 31.

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

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

(2) Spotted seatrout harvested for commercial purposes may only be landed within the boundaries of the regions that are open for commercial harvest.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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.

 

(Substantial rewording of Rule 68B-37.006 follows. See Florida Administrative Code for present text.)

 

68B-37.006 Allowed Gear Specifications and Prohibited Gear and Method of Harvest; Restriction on Simultaneous Possession of Spotted Seatrout and Certain Types of Gear Bycatch Allowance.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a spotted seatrout within or without Florida Waters only by or with the use of a cast net or hook and line gear.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest a spotted seatrout within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not use a multiple hook in conjunction with live or dead natural bait to harvest or attempt to harvest spotted seatrout within or without Florida Waters.

(3) Simultaneous Possession – A person may not possess a spotted seatrout within or without Florida waters aboard a vessel with a gill net or entangling net on board.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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 46-37.006, Amended 2-1-12, 9-1-13.

 

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 (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 (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 paragraph (c).

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

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

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

(c) Southwest Region includes Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Lee, Manatee, Monroe, Pinellas, Polk, and Sarasota Counties;

(d) 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, Wakulla, Walton, and Washington Counties.

(3) A wholesale dealer or retailer may import spotted seatrout from outside Florida. However, the burden shall be upon any person possessing imported spotted seatrout to establish the chain of possession from the initial transaction after harvest, by appropriate receipt(s), bill(s) of sale, or bill(s) of lading, and to show that such spotted seatrout originated from a point outside Florida, and entered the state in interstate commerce. 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.

PROPOSED EFFECTIVE DATE: September 1, 2013.

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

 

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, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012