12046738, 68B-35.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12046738

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

POMPANO, AFRICAN POMPANO, AND PERMIT

Overview

RULE:

68B-35.003	Size Limits; Prohibition of Sale; Landing in Whole Condition
68B-35.0035	Bag Limits
68B-35.004	Gear Specifications and Prohibited Gear
68B-35.005	Pompano Endorsement Regulations
68B-35.006	Closed Season

PURPOSE:

The purpose of this rule amendment is to implement the original intent of previous rule changes, correct rule language errors, and eliminate sources of confusion in the Florida Fish and Wildlife Conservation Commission’s (Commission) pompano, African pompano, and permit rule. The Commission implemented new regulations for permit, Florida pompano and African pompano in August of 2011. These regulatory changes extended Florida’s regulations for permit and Florida pompano into federal waters, where they were previously unregulated. They also reduced the commercial permit fishery and divided the state into two separate permit management zones, reflecting differences in the recreational fishery around the state. Several technical issues have been discovered with the new rule language since it was implemented. Because of these errors, portions of the current rule do not reflect the Commission’s intent. When initially proposed, the new Special Permit Zone (SPZ) in the Keys overlapped with the existing Pompano Endorsement Zone (PEZ). Commercial harvest of permit was prohibited in the SPZ, but several exceptions were made in order to allow Pompano Endorsement (PE) holders to harvest, possess, and land permit taken as bycatch when targeting Florida pompano in areas where the SPZ and PEZ overlapped. However, the boundaries of the SPZ were modified prior to implementation and the overlap with the PEZ was eliminated, making these exceptions to the SPZ regulations unnecessary. Additionally, the Florida pompano daily sale limit would be modified by applying the limit to all commercial harvesters except those fishing in the PEZ under a PE, as originally intended. The current rule language incorrectly applies the 250-fish limit to PE holders, who do not have a daily bag limit for Florida pompano when fishing in the PEZ. Rule language changes would also clarify that the harvest of permit as bycatch with a gill net is only legal in federal waters. 
The primary effect of this rule amendment is to eliminate confusion regarding the fact that commercial harvest and possession of permit in the SPZ is prohibited. The amendment would also eliminate potential confusion about the application of permit gear rules and allow all commercial harvesters of Florida pompano to sell their entire legal catch daily, as intended.

SUMMARY:

Rule 68B-35.003, F.A.C., (Size Limits; Prohibition of Sale; Landing in Whole Condition) would be amended to remove the unnecessary exception to the recreational size limit for permit harvested from the Special Permit Zone (SPZ). Rule 68B-35.0035, F.A.C., (Bag Limits) would be modified to remove unnecessary exceptions to the one-permit bag limit for the SPZ. The daily sale limit of 250 Florida pompano would also be moved to this section of the rule. This daily sale limit would be modified by applying the limit to all commercial harvesters except those fishing in the Pompano Endorsement Zone under a Pompano Endorsement, as originally intended. Rule 68B-35.004, F.A.C., (Gear Specifications and Prohibited Gear) would be modified to correctly reflect that the harvest of permit as bycatch with a gill net is only legal in federal waters. Rule 68B-35.005, F.A.C., (Pompano Endorsement Regulations) would be modified by removing the daily sale limit for Florida pompano from this section and replacing it with a corrected version of the provision in Rule 68B-35.0035, F.A.C. Rule 68B-35.006, F.A.C., (Closed Season) would be amended to remove an unnecessary exception to the closed season for harvest of permit from the SPZ.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

9/28/2012 Vol. 38/39

COMMENTS:

From 9/28/2012 To 10/19/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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