11826548, 68B-42.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11826548

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MARINE LIFE

Overview

RULE:

68B-42.001	Purpose and Intent; Designation of Restricted Species; Definition of "Marine Life Species"
68B-42.002	Definitions
68B-42.004	Size Limits
68B-42.005	Recreational Bag Limit
68B-42.006	Commercial Season, Harvest Limits
68B-42.009	Prohibition on the Taking, Destruction, or Sale of Marine Corals Sea Fans, and Non-erect, Encrusting Octocorals; Exception

PURPOSE:

The primary purpose of this rule amendment is to protect the giant Caribbean sea anemone (Condylactis gigantea) from further harvest and allow the population to rebuild to the point that sustainable harvest can resume.  Life history characteristics for the giant Caribbean sea anemone make it susceptible to overharvest and localized extinction, and both industry reports and commercial landings data indicate the numbers have declined substantially.  The intent of the Commission is to temporarily eliminate harvest of giant Caribbean sea anemone in order to allow population numbers to recover, and consider options for future management within three years.  Additionally the rule amendment would correct previous errors and omissions in the rule and clarify aspects of the rule which may be a source of confusion.  These corrections would require that recreational angelfish and butterfly fish collectors abide by the size limits currently applied to the commercial sector and clarify that all collectors of hybrid angelfishes must abide by the angelfish size limits.  The application of these size limits to all sectors and species would provide additional protections for both very small and large, breeding-size angelfishes and butterfly fishes, and aid law enforcement.  The amendment would also remove the non-ornamental species sand perch, dwarf sand perch and unicorn filefish from the definition of “marine life,” in order to allow hook and line fishers to harvest them legally by traditional methods for use as bait and food.  The definition of snapping shrimp would be expanded to include all species in the family Alpheidae in order to incorporate all snapping shrimp species collected by the marine life industry in the provisions of the rule.  Black corals would be added to the prohibitions on marine corals.  The rule would also clarify that that the protections provided to live rock extend to reef structures built by sabellarid tube worms. 

The primary effect of this rule would be to protect the giant Caribbean sea anemone from harvest in state and federal waters off Florida until the Commission approves reinstating a bag limit.  Additional effects would be to implement consistent size limits for recreational and commercial collectors of angelfishes and butterfly fishes in state and federal waters, and to require that hybrid angelfishes harvested from state and federal waters meet the current commercial size limits for other angelfish species.  Sand perch, dwarf sand perch and unicorn filefish would be deregulated with respect to the marine life rule and would be subject only to provisions of Florida Statute as applied to otherwise unregulated marine species.  Species of snapping shrimp outside of the genus Alpheus, but within the family Alpheidae would be included in the definition of “marine life”, and therefore subject to the provisions of 68B-42, F.A.C.  Black corals of the family Antipatharia would be included in the prohibitions on the taking, destruction and sale of marine corals from state waters, and it would be clearly stated in rule that the harvest of reef structures built by sabellarid tube worms is prohibited in or from state and federal waters.

SUMMARY:

Rule 68B-42.001 (Purpose and Intent; Designation of Restricted Species; Definition of “Marine Life Species”) would be amended to remove sand perch, dwarf sand perch and unicorn filefish from the definition of “marine life species”, effectively deregulating these species.  Rule 68B-42.002 would be modified to clarify the reefs created by tube worms of the Family Sabellariidae are included in the definition of “live rock”, and thus harvest of these reefs is prohibited.  Rule 68B-42.004 would be amended by applying the existing size limits for commercial harvest of angelfish and butterfly fish species to recreational harvesters and to clarify the current angelfish size limits also apply to hybrid forms.  Rules 68B-42.005 (Recreational Bag Limits) and 68B-42.006 (Commercial Season, Harvest Limits) would be amended to reduce the recreational and commercial bag limits for the giant Caribbean sea anemone (Genus Condylactis) to zero (0).  The Commission would consider reinstating bag limits after a 3-year closure.  Rule 68B-42.009 would be amended to include black corals in the current prohibition on marine corals.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

8/3/2012 Vol. 38/31

COMMENTS:

From 8/3/2012 To 8/24/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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