13661206, 68B-61.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13661206

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

Blue Runner

Overview

RULE:

68B-61.002	Definitions
68B-61.004	Bag Limits
68B-61.009	License Requirements

PURPOSE:

The purpose of these rules is to create a new rule chapter in 68B, Florida Administrative Code (FAC) for blue runner and, in the absence of a federal management plan, assume management authority for the species in federal waters.  Currently, there are no specific regulations for blue runner in state waters.  However, general statewide regulations such as license requirements and gear restrictions presently apply for blue runner harvest.  In addition, F.S. 379.361 defines “commercial quantities” for species that do not have specific bag limits as greater than 100 pounds per person per day.  Therefore, the current daily recreational bag limit for blue runner in state waters is 100 pounds.  The new rules will establish a statewide recreational bag limit of 100 fish, clarify that there is no commercial bag limit, clarify that an SPL is required to harvest blue runner for commercial purposes, and extend regulations into adjacent federal waters in cases where no federal management plan exists.  There is no federal management plan for blue runner in federal waters of the Gulf of Mexico. The South Atlantic Fishery Management Council (SAFMC) recently approved an amendment to remove blue runner from the SAFMC federal snapper-grouper fishery management plan (FMP). The SAFMC approved this amendment, in part, based on the fact that the FWC agreed to manage blue runner harvest in federal waters of the Atlantic. Pending approval of this amendment by the U.S. Secretary of Commerce, blue runner will no longer be managed in any federal waters off Florida. These rules would allow the state of Florida to regulate harvest of blue runner from Gulf federal waters immediately upon implementation of the rule and from Atlantic federal waters upon removal of blue runner from the SAFMC federal FMP
	
The effect of these rules would be to establish a recreational bag limit in state waters, clarify commercial requirements, and extend the regulations into adjacent federal waters.  These rule amendments will also help to prevent the loss of income for commercial fishermen that have historically harvested blue runner from federal waters of the Atlantic as bycatch without a federal snapper grouper permit and allow commercial fishermen to use gears that are currently prohibited under the federal FMP.

SUMMARY:

The new rule chapter would define “blue runner” as any fish, or part of a fish, of the species Caranx crysos. The new rule chapter would also establish a recreational daily bag limit of 100 fish, instead of the current limit (100 pounds) found in F.S. The new rules would extend this bag limit into federal waters off Florida, and also require a Saltwater Products License (SPL) in order to harvest quantities of blue runner greater than the recreational bag limit or for commercial purposes from federal waters.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

10/17/2013 Vol. 39/203

COMMENTS:

From 10/17/2013 To 11/7/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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