7893683, 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: 7893683

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

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Sharks and Rays Rule to comply with the newly created Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fishery Management Plan for Atlantic Coastal Sharks (Plan). The ASMFC created this Plan because coordinated state management is a vital step towards establishing healthy, self-sustaining populations of Atlantic coastal sharks. The Plan lays out management measures that Florida is required to adopt unless Florida enacts alternative measures that are approved by the ASMFC as conservation equivalency measures.
The Commission is considering changes to state regulations that would: 1) add sandbar, silky and Caribbean sharpnose sharks to the prohibited species list, 2) prohibit all shark harvesters from removing the heads of sharks while at sea, 3) create a minimum size limit of 54 inches fork length for all allowable shark species except the Atlantic sharpnose, blacknose, bonnethead, finetooth, smooth dogfish, and blacktip sharks, creating a size limit for 14 species of sharks in Florida waters, 4) allow only hook and line gear for the harvest of sharks, and 5) update and clarify language throughout the rule, update references to the Code of Federal Regulations, and change the start date of the commercial fishing year.
The effect of these rule amendments is that the management of Atlantic coastal sharks will be coordinated along the eastern seaboard which is a vital step towards establishing healthy, self-sustaining populations of these species. By adopting these regulations the State of Florida will be contributing to the effort to reduce fishing pressure on Atlantic coastal sharks and allow these populations to expand. This should help ensure a larger sustainable harvest for the future.

SUMMARY:

Rule 68B-44.002, F.A.C. (Definitions) would be amended by reorganizing and renumbering the shark groups, the smooth dogfish genus Mustelus would be added to the list of species covered under Chapter 68B-44, F.A.C., changing the definition of finning to clarify that a shark fin may be cut as long as it is still naturally attached to the shark, adding a definition of fork length and “harvest for commercial purposes” and removing the definition of spearing. Rule 68B-44.003, F.A.C. (Bag Limit Applicable to State Waters, Gear Restriction) would be amended to make hook and line the only allowable gear to harvest sharks in Florida state waters and to not allow snatching or multiple hooks with natural bait. The spearing section would also be removed from Rule 68B-44.003, F.A.C. Rule 68B-44.004, F.A.C. (Practice of Finning Prohibited; Removal of Fins from Sharks Harvested in State Waters Prohibited; Compliance with Federal Requirements; Filleting Prohibited) would be amended to clarify and strengthen the finning rule by stating the tail may not be removed; however, the base of the tail may be sliced to bleed the shark to help preserve the meat. This rule section would also be amended to prohibit the removal of heads at sea, remove additional unnecessary language, and ensure sharks legally caught in adjacent federal waters are allowed to be landed in Florida. Rule 68B-44.005, F.A.C. (Commercial Harvest of Sharks: Federal Permit Required) would be amended to include language stating all commercial shark landings must be sold to a federally-licensed wholesale dealer and update the reference to the federal code regarding commercial shark permits. Rule 68B-44.006, F.A.C. (Commercial Season; Season Closure; Prohibition of Sale) would be amended to change the commercial fishing season from July 1 through June 30 to January 1 through December 31. Additionally, this section would be amended to include language to automatically close the shark fishery when the ASMFC directs states to close the fishery in state waters and would clarify that the pelagic sharks group is included in current commercial season closure language. Rule 68B-44.007, F.A.C. (Size Limit Applicable to State Waters) would be created to implement a 54 inch minimum fork length for all allowable shark species except Atlantic sharpnose shark, blacknose shark, bonnethead shark, finetooth shark, smooth dogfish, and blacktip shark, resulting in a size limit for 14 shark species in Florida waters. Rule 68B-44.008, F.A.C. (Protected Species; Prohibition of Harvest, Landing, and Sale) would be amended to include sandbar, silky, and Caribbean sharpnose sharks on the list of prohibited sharks and rays and reorganize the list of prohibited species in alphabetical order.

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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