7891549, 68B-31.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7891549

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHRIMP

Overview

RULE:

68B-31.004	Bag and Vessel Limits
68B-31.0045	Trawl Gear Specifications: Bycatch Reduction Devices (Repealed)

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Shrimp Rule 1) to clarify federal requirements for Turtle Excluder Devices (TEDs) in state waters and 2) to adopt mostly consistent regulations in state waters with recently amended regulations regarding Bycatch Reduction Devices (BRDs) in federal waters. TEDs are required by the National Marine Fisheries Service (NMFS) in all waters of the South Atlantic and the Gulf of Mexico, including state waters of Florida. These federal regulations apply in state waters because they are protecting endangered and threatened species. Even though TEDs are required in state waters by NMFS they are included in Chapter 68B-31, F.A.C., for clarity and ease of compliance. Florida’s requirement for TEDs was last updated in 1999. Since that time, federal regulations regarding TEDs have changed and these changes are not reflected in current state regulations. The Commission is considering changes to state regulations that would remove the list of TEDs from Chapter 68B-31, F.A.C., and would update the reference that refers to the Code of Federal Regulations regarding TED requirements.
The National Marine Fisheries Service recently changed the list of allowable BRDs for use in the South Atlantic and the Gulf of Mexico. These changes were made to include new BRD designs in the list of allowable BRDs and to remove designs that were not reducing bycatch of finfish in shrimp trawls by 30%. The Commission is considering changes to state regulations that would allow all currently certified federal BRDs in state waters, remove language regarding the Extended Funnel BRD which would eliminate its use in state waters, and restrict the use of the Florida Finfish Excluder to inshore and nearshore waters.
The effect of these rule amendments is that federal regulations regarding TEDs will be clearer and compliance should be easier for the commercial fishery because state rules will match federal rules and that federal and state regulations can be applied more consistently to all fishing activity in the South Atlantic Ocean and Gulf of Mexico regarding BRDs. The overall effect is to more consistently apply regulations to minimize confusion for the public and aid in enforcement of both state and federal fishery regulations. By adopting these regulations the State of Florida will also be contributing to the South Atlantic effort to reduce fishing pressure on species that interact with the shrimp trawl industry and will help populations of these species expand. This should help ensure a shrimp fishery with less finfish bycatch and turtle mortalities.

SUMMARY:

Rule 68B-31.004, F.A.C. (Trawl Gear Specifications: Turtle Excluder Devices Required; Exceptions; Definitions) would be amended to remove the list of TEDs from rule and refer to the list in the U.S. Code of Federal Regualtions for allowable TEDs. This section would also be amended to correct the reference to TEDs in the Code of Federal Regulations. Rule 68B-31.0045, F.A.C. (Otter Trawl Gear Specifications: Bycatch Reduction Devices) would be amended to state all federally-certified BRDs would meet the state requirements for a BRD. Additionally, language regarding the Florida Finfish Excluder would be modified to state that it would only meet the state BRD requirements in inshore and nearshore waters and the language regarding the Extended Funnel BRD would be removed so that it is no longer allowed in state waters.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

11/6/2009 Vol. 35/44

COMMENTS:

From 11/6/2009 To 11/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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