21442837, 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: 21442837

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHARKS AND RAYS

Overview

RULE:

68B-44.002	Definitions
68B-44.003	Size Limit; Landing in Whole Condition Requirement
68B-44.004	Bag and Vessel Limits Applicable to Florida Waters; Restrictions on Possession of Prohibited Species; Transit Through Florida Waters
68B-44.005	Commercial Closures
68B-44.006	Allowed Gear; Prohibited Gear and Methods of Harvest; Required Gear
68B-44.007	Sale and Purchase Requirements
68B-44.008	Open and Closed Areas
68B-44.009	License Requirements

PURPOSE:

The purpose of these rule amendments is to provide further conservation of sharks, address stakeholder concerns related to the shore-based shark fishery, clarify current shark regulations through cleanup of the Sharks and Rays rule chapter, and support recent legislative shark finning penalties updates by modifying the regulations found in 68B-44, Florida Administrative Code (F.A.C.).

The effect of these rules will be to establish a mandatory no-cost, annual shore-based shark fishing (SBSF) permit; prohibit chumming when fishing from beaches; require immediate release of prohibited shark species (when fishing from shore); require prohibited shark species remain in the water (when fishing from shore and vessels); require the possession/use of appropriate cutters (when fishing from shore and vessels); and require the use of non-offset, non-stainless steel circle hooks (when fishing from shore and vessels).  These rules will also provide additional clarification for the Commission’s current shark regulations and update rule language related to recent legislative shark finning penalty changes.

SUMMARY:

These rules will provide further conservation of sharks, bring additional clarity to the Commission’s shark regulations, and support recent legislative changes to shark finning penalties.  This will be accomplished by establishing a mandatory no-cost, annual SBSF permit; prohibiting chumming when fishing from beaches; requiring immediate release of prohibited shark species (when fishing from shore); requiring prohibited shark species remain in the water (when fishing from shore and vessels); requiring the possession/use of appropriate cutters (when fishing from shore and vessels); requiring the use of non-offset, non-stainless steel circle hooks (when fishing from shore and vessels); clarifying current shark regulations through cleanup of the Sharks and Rays rule chapter; and updating rule language related to recent legislative shark finning penalty changes

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

1/25/2019 Vol. 45/17

COMMENTS:

From 1/25/2019 To 2/15/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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