10266594, 68B-42.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 10266594

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MARINE LIFE

Overview

RULE:

68B-42.002	Definitions
68B-42.003	Prohibition of Harvest: Longspine Urchin, Bahama Starfish
68B-42.0035	Live Landing and Live Well Requirements
68B-42.0036	Closed Areas
68B-42.004	Size Limits
68B-42.005	Recreational Bag Limit
68B-42.006	Commercial Season, Harvest Limits
68B-42.0065	Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability
68B-42.008	Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed
68B-42.009	Prohibition on the Taking, Destruction, or Sale of Marine Corals Sea Fans, and Non-erect, Encrusting Octocorals; Exception

PURPOSE:

The purpose of these rule amendments is to extend Florida’s octocoral and marine life regulations into federal waters. The Gulf of Mexico Fishery Management Council intends to remove octocorals from its Coral and Coral Reefs Fishery Management Plan (FMP) and the South Atlantic Fishery Management Council is in the process of redefining the fishery management unit in their Coral, Coral Reef, and Live/Hardbottom Habitat FMP to exclude allowable octocorals in federal waters off Florida. These actions would result in the repeal of federal regulations for octocorals and allow Florida to take over management of these species in federal waters off Florida. Based on Commission direction and at the request of the Councils, Florida agreed to manage the octocoral fishery in both state and federal waters. In addition to extending existing state regulations into federal waters, the rule amendments would also establish an annual quota for octocoral harvest in state and federal waters off Florida. Additionally, the Commission would continue to prohibit all harvest of octocorals in Atlantic federal waters north of Cape Canaveral and in the Coral Habitat Areas of Particular Concern adjacent to Florida state waters (Stetson-Miami Terrace and Pourtales Terrace).
The effect of these rule amendments would be to extend Florida’s marine life regulations into federal waters in the absence of federal rules, establish an annual quota for octocoral harvest in state and federal waters off Florida, and to add federal waters closed areas to state rules. These rules would be effective upon repeal of federal octocoral regulations and are not expected to affect the octocoral fishery because similar rules are currently in effect in federal waters. Additionally, the rule amendments would clarify that state marine life rules extend into federal waters.

SUMMARY:

ule 68B-42.002, F.A.C., (Definitions) would be modified to include a definition of “colony.” Rule 68B-42.003, F.A.C., (Prohibition of Harvest: Longspine Urchin, Bahama Starfish) would be modified to clarify that harvest and possession of longspine urchin and Bahama starfish are prohibited within or without state waters. Rule 68B-42.0035, F.A.C., (Live Landing and Live Well Requirements) would be modified to clarify that marine life species harvested within or without state waters must be landed alive and persons harvesting marine life within or without state waters must have aboard the vessel being used for harvest a continuously recirculating live well or aeration or oxygen system of adequate size and capacity to maintain harvested marine life organisms in a healthy condition. Rule 68B-42.0036, F.A.C., (Closed Areas – formerly titled Harvest in Biscayne National Park Prohibited; Exception) would prohibit harvest of octocorals in Atlantic federal waters north of Cape Canaveral (28°35.1'N latitude), Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern (HAPC), and Pourtales Terrace Deepwater Coral HAPC. Rule 68B-42.004, F.A.C., (Size Limits) would be modified to clarify that size limits established in this section for all marine life species apply in state and adjacent federal waters.
Rule 68B-42.005, F.A.C., (Recreational Bag Limit) and Rule 68B-42.006, F.A.C., (Commercial Season, Harvest Limits) would be modified to clarify that the bag limits established in these sections for all marine life species, including octocorals, apply in state and adjacent federal waters. Specifically, the 6-colony recreational bag limit for octocorals established in Rule 68B-42.005, F.A.C., would be extended into federal waters. The allowance for harvest of octocorals with attached substrate within 1 inch of the perimeter of the holdfast would be extended into federal waters. The proposed final rule would establish an annual quota of 70,000 colonies for octocoral harvest in state and adjacent federal waters. Additionally, these sections would be modified to specify that if the quota for octocoral harvest described in Rule 68B-42.006, F.A.C., is met before the end of the fishing year, all harvest of octocorals would be prohibited from the date the octocoral quota is projected to be met until the following October 1. Language that closes state waters to octocoral harvest when federal waters close would be removed. Finally, the zone north and west of the southernmost point of Egmont Key in the Gulf of Mexico in which ornamental sponges may be collected with attached substrate within 1 inch of the perimeter of the holdfast at the base of the sponge and extending 1 inch below the holdfast of the sponge would also be extended into adjacent federal waters.
Rule 68B-42.0065, F.A.C., (Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability) would be modified to clarify that a marine life tiered endorsement is required for commercial harvest of species listed in this rule in state and adjacent federal waters. Rule 68B-42.008, F.A.C., (Live Rock: Harvest in State Waters Prohibited; Aquacultured Live Rock Harvest and Landing Allowed) would be modified to clarify that substrate that is lawfully harvested as part of the harvest of ornamental sponges pursuant to this chapter are exempt from prohibitions on the harvest, possession, or sale of live rock. Outdated references in this section would also be updated. Rule 68B-42.009, F.A.C., (Prohibition on the Taking, Destruction, or Sale of Marine Corals, Sea Fans, and Non-erect, Encrusting Octocorals; Exception – Formerly titled Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception.) would be modified to clarify that harvest and possession of any non-erect, encrusting species of the Subclass Octocorallia is prohibited. This prohibition would not apply to any non-erect, encrusting species of the Subclass Octocorallia that is 1) legally harvested outside state and adjacent federal waters and entering Florida in interstate or international commerce harvested or 2) harvested and possessed pursuant to state and federal aquacultured live rock regulations.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Florida Constitution.

PRINT PUBLISH DATE:

8/5/2011 Vol. 37/31

COMMENTS:

From 8/5/2011 To 8/26/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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