9883347, 68B-35.002 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 9883347

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

POMPANO, AFRICAN POMPANO, AND PERMIT

Overview

RULE:

68B-35.002	Definitions
68B-35.003	Size Limits; Prohibition of Sale; Landing in Whole Condition
68B-35.0035	Bag Limits
68B-35.004	Gear Specifications and Prohibited Gear
68B-35.005	Pompano Endorsement Regulations
68B-35.006	Closed Season

PURPOSE:

The purpose of these rule amendments is to extend Florida’s current regulations with some changes for permit, Florida Pompano, and African pompano into federal waters, where they are currently unregulated. The rule amendments would also separate the management strategies for permit and pompano resulting in new size and bag limits for each species. The rule amendments would reduce the commercial permit fishery. In addition, Florida would be split into two management areas for permit, with more restrictive regulations in the southern management zone, including a closed season.

SUMMARY:

Rule 68B-35.002 (Definitions), F.A.C., would be amended by adding definitions for “Harvest for commercial purposes,” “Person,” “Recreational harvester,” “Snagging” or “Snatch hooking,” “Spearing,” and “Special Permit Zone” (SPZ).
68B-35.003 (Size Limits; Prohibition of Sale; Landing in Whole Condition), F.A.C., would be amended to extend current size regulations for commercial harvesters of permit and Florida pompano and for recreational and commercial harvesters of African pompano into adjacent federal waters. It would also prohibit the possession of any permit or Florida pompano with a fork length greater than 20 inches on commercial vessels in all waters. The proposed final rule would establish a minimum size of 22 inches for recreationally harvested permit inside the SPZ, and a slot size of 11-22 inches for recreationally harvested permit in all waters outside the SPZ. The proposed final rule would replace the recreational slot of 11-20 inches for Florida pompano with a minimum size limit of 11 inches. Bag limit language would be moved to another section of the rule.
Rule 68B-35.0035 (Bag Limits), F.A.C., would be a new section which would include the bag limits for permit, Florida pompano, and African pompano. The proposed final rule would maintain a recreational bag limit of six Florida pompano per person for all waters. This bag limit would no longer include permit. The proposed final rule would extend the current commercial bag limit of 250 Florida pompano to federal waters. It would also establish a recreational bag limit of one permit per person, with a vessel maximum of two permit, inside the SPZ, as well as prohibit captain and crew of for-hire vessels from keeping permit. Outside the SPZ, the recreational bag limit for permit would be two per person, including one allowed over 22 inches, and a vessel limit of two permit over 22 inches. Inside the SPZ, commercial harvest of permit would be prohibited; however, an exception would exist to allow Pompano Endorsement holders fishing in the Pompano Endorsement Zone (PEZ) under the regulations of their Pompano Endorsement to harvest 100 permit as incidental bycatch where the SPZ and the PEZ overlap. Outside the SPZ, the proposed rule would prohibit all directed commercial harvest of permit in all waters, but establish an incidental bycatch allowance of 100 permit for commercial harvesters legally targeting other species with gill nets in federal waters only. The proposed final rule would also extend the two fish bag limit for African pompano for all harvesters into federal waters.
Rule 68B-35.004 (Gear Specifications and Prohibited Gear), F.A.C., would extend the current allowable recreational and commercial gears for Florida pompano into federal waters. The allowable gear for recreational permit harvest in all state waters would continue to be hook and line only. The allowable gears for recreational permit harvesting in all federal waters would be hook and line and spearing. For the commercial incidental bycatch of permit in federal waters, the allowable gear would be gill and entangling nets. For African pompano, hook and line would continue to be the only allowable gear in state waters, but spearing would also be allowed for recreational and commercial harvest in federal waters. The pompano endorsement zone boundaries and gear language would be moved to another section of the rule.
Rule 68B-35.005 (Pompano Endorsement Regulations), F.A.C., would add Florida pompano endorsement gear language and zone boundaries to this part of the rule, clarify the language on zone boundaries and landing requirements, and rename this section of the rule. The pompano commercial bag limit language in this section would be moved into a newly created section of the rule.
Rule 68B-35.006 (Closed Season), F.A.C., would establish a closed season for permit harvest inside the SPZ during the months of May, June and July.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

5/6/2011 Vol. 37/18

COMMENTS:

From 5/6/2011 To 5/27/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.