17723372, 68B-14.006 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17723372

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

REEF FISH

Overview

RULE:

68B-14.006

Other Prohibitions and Exception

PURPOSE:

In general, state and federal regulations require most marine fish to be landed whole (e.g., fish may not be possessed as fillets on the water).  In December 1998, the South Atlantic Fishery Management Council (Council) created an exemption allowing recreational anglers to transit Atlantic federal waters with fillets of recreationally harvested reef fish from The Bahamas provided specific conditions were met.  In January 2016, the Council revised and expanded the conditions for the federal exemption.  The Commission is considering a rule that is consistent with the exemption for federal waters.  Specifically, the proposed rule would create an exception in state rule allowing anglers to land reef fish as fillets instead of as whole fish, provided the reef fish were recreationally harvested in The Bahamas and anglers adhere to several conditions.  

This proposed exception would only apply to species managed as “snapper-grouper” by the Council in 50 CFR § 622.  To qualify for this exception, anglers would be required to keep skin on fillets for the purpose of species identification.  Anglers would also be required to comply with South Atlantic federal bag and possession limits.  For the purpose of this rule, two fillets would count as one fish towards reef fish bag and passion limits.  To serve as proof that the fish were harvested in Bahamian waters, the vessel would be required to have valid Bahamian fishing and cruising permits and each passenger aboard the vessel would be required to possess a valid government passport with current stamps and dates from The Bahamas.  When transiting state waters, the vessel would be required to maintain a continuous course with all fishing gear stowed.  The final condition would prohibit sale and purchase of reef fish transited to Florida under this exception.  

The proposed rule change would benefit Florida residents and tourists who depart from Florida ports to fish in The Bahamas, because it would allow them to return to Florida with their Bahamian-caught reef fish as fillets.  Aboard small recreational fishing vessels, it is more practical to store fish as fillets, rather than as whole fish, and doing so can help minimize food safety risks.  Additionally, implementing these proposed rules would create consistency with federal regulations off Florida’s Atlantic coast and make rule compliance simpler for recreational anglers.

The effect of the proposed rules would be an exception allowing recreational anglers to land reef fish as fillets, rather than as whole fish, when returning to Florida by boat with reef fish caught in Bahamian waters.  Creating this exception would benefit Florida residents and tourists by offering them an alternative means to safely store and transport their Bahamian catch and by creating consistent regulations with adjacent federal waters.

SUMMARY:

These proposed rules would create an exception allowing recreational anglers to land reef fish as fillets instead of as whole fish, provided the reef fish were recreationally harvested in The Bahamas and specific conditions are met.  The conditions would require (1) skin to remain on the fillets; (2) anglers to comply with South Atlantic federal bag and possession limits; (3) the vessel to possess valid Bahamian fishing and cruising permits; and (4) each passenger to possess valid government passports with current Bahamian stamps and travel dates.  For the purpose of the proposed rules, two fillets would count as one fish towards reef fish bag and possession limits.  Vessels transporting filleted reef fish from The Bahamas would be required to maintain direct and continuous transit through state waters with all fishing gear stowed.  Finally, the proposed rules would prohibit the sale and purchase of reef fish transported to Florida under this exception.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

7/5/2016 Vol. 42/129

COMMENTS:

From 7/5/2016 To 7/26/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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