10508318, 68B-44.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10508318

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHARKS AND RAYS

Overview

RULE:

68B-44.002	Definitions
68B-44.008	Open and Closed Areas

PURPOSE:

The purpose of this rule amendment is to protect great, scalloped and smooth hammerhead sharks, and tiger sharks in state waters of Florida by prohibiting the commercial and recreational harvest of these species. Scalloped, smooth and great hammerhead sharks and tiger sharks have all experienced population declines of at least fifty percent. Research has demonstrated benefits to protecting shark populations in Florida state waters. Critical nursery habitat is often found in shallow state waters and much of Florida’s coastal waters have been identified as Essential Fish Habitat for many species of sharks; this means that the habitat in Florida waters is necessary for the sharks to carry out their life cycle. Further, pregnant sharks enter state waters to pup at known times of year and often in known locations. The effect of this rule would be to protect these four species of sharks by not allowing their harvest by commercial or recreational anglers.

SUMMARY:

Rules 68B-44.002 (Definitions) and 68B-44.008, F.A.C., (Prohibited Species; Prohibition of Harvest, Landing, and Sale) would be amended to remove scalloped, smooth and great hammerhead and tigers sharks from the definition of harvestable sharks and add them to the list of sharks that are prohibited to harvest.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

10/14/2011 Vol. 37/41

COMMENTS:

From 10/14/2011 To 11/4/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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