8673369, 68B-47.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8673369

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

WEAKFISH

Overview

RULE:

68B-47.001	Definitions (Repealed)
68B-47.003	Size Limit; Landed in Whole Condition Requirement
68B-47.005	Commercial Harvest Limits (Repealed)
68B-47.006	Prohibited Gear and Harvest Methods

PURPOSE:

The purpose of this rule amendment is to modify the Commission’s Weakfish Rule to comply with new weakfish regulations set by the Atlantic States Marine Fisheries Commission in response to a weakfish stock assessment of the entire Atlantic coast’s weakfish population. Adopting these regulations will contribute to the rebuilding of the weakfish stock along the entire Atlantic coast. In addition, these rule amendments would create a weakfish management area that would resolve identification issues in northeast Florida between weakfish, sand seatrout, and the hybrid population that has been created from interbreeding between weakfish and sand seatrout. The changes to this rule would: 1) add a definition for harvest for commercial purposes and weakfish management area, 2) amend the definition of weakfish, 3) lower the recreational bag limit from four fish to one fish per person per day inside the weakfish management area, 3) establish a commercial harvest limit of 100 pounds per person or per vessel, per day or per trip, whichever is greater, inside the weakfish management area, 4) state that the presence of weakfish aboard a vessel that is actively fishing within the weakfish management area shall constitute prima facie evidence that such weakfish were harvested from that area and will be subjected to the limits for recreational and commercial fishing inside the area. The effect of these rule amendments is Florida will aid in the rebuilding plan for weakfish along the entire Atlantic coast. By adopting these regulations the State of Florida will be contributing to the effort to reduce fishing pressure on weakfish and allow the populations to expand. This should help ensure a larger sustainable harvest for the future. In addition, establishing a weakfish management area where weakfish regulations would be applied to all weakfish-like fish should eliminate the identification confusion for anglers and allow weakfish regulations to be enforced.

SUMMARY:

Rule 68B-47.001, F.A.C. (Definitions) would be amended by adding a definition for “harvest for commercial purposes” and “weakfish management area,” as well as expanding the definition of “weakfish.” Rule 68B-47.003, F.A.C. (Recreational Bag Limits) would be amended to reduce the recreational bag limit from four fish to one fish per person per day inside the weakfish management area. Rule 68B-47.005, F.A.C. (Commercial Harvest Limits) would be created to establish a commercial harvest and possession limit of 100 pounds of weakfish per person or per vessel, per day or per trip, whichever is greater, inside the weakfish management area. Rule 68B-47.006, F.A.C. (Weakfish, Regulation) would be established to define that the presence of weakfish aboard a vessel that is actively fishing within the weakfish management area shall constitute prima facie evidence that such weakfish were harvested from within the area and thus the limits for recreational and commercial harvest would apply.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

5/21/2010 Vol. 36/20

COMMENTS:

From 5/21/2010 To 6/11/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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