8145689, 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: 8145689

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHARKS AND RAYS

Overview

RULE:

68B-44.002	Definitions
68B-44.008	Open and Closed Areas

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Sharks and Rays Rule to further protect lemon sharks, Negaprion brevirostris, in state waters of Florida. The Commission is considering changes to state regulations that would prohibit the recreational and commercial harvest of lemon sharks in all state waters of Florida. This is necessary because this species is the most vulnerable of all 33 large coastal shark species of the Atlantic Ocean. In Florida waters lemon sharks are often found near shore in shallow water. They aggregate in large groups off Florida’s southeast coast and these aggregation seasons and sites are predictable. This behavior makes them easy to locate year after year. Although adult lemon sharks found in Florida travel to the Carolinas, Marquesas, and Bahamas, these sharks return to aggregate off Florida’s coast annually. Because of these behaviors, large numbers of individuals could be removed from the population with minimal effort by harvesters. Lemon sharks are also susceptible to overharvest because of their life history characteristics. Lemon sharks are a slow-growing species that reaches sexual maturity at 12-15 years of age and at lengths of around 90 inches or greater. This species has low reproductive potential, producing only 6 to 18 pups per litter, every second or third year. Additionally, lemon sharks experience annual mortality of 40-60 percent while juvenile.
The effect of these rule amendments is that the lemon shark population will be protected in Florida waters, where this species is the most vulnerable to the fishery.

SUMMARY:

Rule 68B-44.002, F.A.C. (Definitions) would be amended by removing lemon shark from the list of large coastal species that can be harvested under the definition of sharks. Rule 68B-44.008, F.A.C. (Prohibited Species; Prohibition of Harvest, Landing, and Sale) would be amended to include lemon shark on the list of prohibited sharks and rays.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

1/15/2010 Vol. 36/02

COMMENTS:

From 1/15/2010 To 2/5/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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