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 AND EFFECT: The purpose of this rule amendment is to implement the original intent of previous rule changes, correct rule language errors, and eliminate sources of confusion in the Florida Fish and Wildlife Conservation Commission’s (Commission) pompano, African pompano, and permit rule. The Commission implemented new regulations for permit, Florida pompano and African pompano in August of 2011. These regulatory changes extended Florida’s regulations for permit and Florida pompano into federal waters, where they were previously unregulated. They also reduced the commercial permit fishery and divided the state into two separate permit management zones, reflecting differences in the recreational fishery around the state. Several technical issues have been discovered with the new rule language since it was implemented. Because of these errors, portions of the current rule do not reflect the Commission’s intent. When initially proposed, the new Special Permit Zone (SPZ) in the Keys overlapped with the existing Pompano Endorsement Zone (PEZ). Commercial harvest of permit was prohibited in the SPZ, but several exceptions were made in order to allow Pompano Endorsement (PE) holders to harvest, possess, and land permit taken as bycatch when targeting Florida pompano in areas where the SPZ and PEZ overlapped. However, the boundaries of the SPZ were modified prior to implementation and the overlap with the PEZ was eliminated, making these exceptions to the SPZ regulations unnecessary. Additionally, the Florida pompano daily sale limit would be modified by applying the limit to all commercial harvesters except those fishing in the PEZ under a PE, as originally intended. The current rule language incorrectly applies the 250-fish limit to PE holders, who do not have a daily bag limit for Florida pompano when fishing in the PEZ. Rule language changes would also clarify that the harvest of permit as bycatch with a gill net is only legal in federal waters.
The primary effect of this rule amendment is to eliminate confusion regarding the fact that commercial harvest and possession of permit in the SPZ is prohibited. The amendment would also eliminate potential confusion about the application of permit gear rules and allow all commercial harvesters of Florida pompano to sell their entire legal catch daily, as intended.
SUMMARY: Rule 68B-35.003, F.A.C., (Size Limits; Prohibition of Sale; Landing in Whole Condition) would be amended to remove the unnecessary exception to the recreational size limit for permit harvested from the Special Permit Zone (SPZ). Rule 68B-35.0035, F.A.C., (Bag Limits) would be modified to remove unnecessary exceptions to the one-permit bag limit for the SPZ. The daily sale limit of 250 Florida pompano would also be moved to this section of the rule. This daily sale limit would be modified by applying the limit to all commercial harvesters except those fishing in the Pompano Endorsement Zone under a Pompano Endorsement, as originally intended. Rule 68B-35.004, F.A.C., (Gear Specifications and Prohibited Gear) would be modified to correctly reflect that the harvest of permit as bycatch with a gill net is only legal in federal waters. Rule 68B-35.005, F.A.C., (Pompano Endorsement Regulations) would be modified by removing the daily sale limit for Florida pompano from this section and replacing it with a corrected version of the provision in Rule 68B-35.0035, F.A.C. Rule 68B-35.006, F.A.C., (Closed Season) would be amended to remove an unnecessary exception to the closed season for harvest of permit from the SPZ.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting December 5-6, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
THE FULL TEXT OF THE PROPOSED RULE IS:
68B-35.003 Size Limits; Prohibition of Sale; Landing in Whole Condition.
(1) Permit Size Limits –
(a) Recreational Size Limits
1. Within the Special Permit Zone, no person shall harvest, possess, or land within or without state waters, any permit with a fork length less than 22 inches, except as provided in paragraph 68B-35.0035(1)(d), F.A.C.
2. No change.
(b) No change.
(2) through (4) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.003, Amended 11-1-01, 1-1-04, 3-1-05, 8-29-11,________.
68B-35.0035 Bag Limits.
(1) Permit Bag Limits –
(a) Recreational Bag Limit
1. Within the Special Permit Zone, no person shall recreationally harvest or possess at any time within or without state waters or on any dock, pier, bridge, beach, or other fishing site adjacent to such waters more than one (1) permit per person per day, provided that no more than two (2) permit shall be possessed aboard any vessel at any time. The possession of any permit on a vessel that is harvesting for commercial purposes within the Special Permit Zone is prohibited, except as provided in subparagraph 68B-35.0035(1)(b)2., F.A.C. On any vessel licensed to carry customers wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish within or without state waters, the applicable bag and possession limit specified in this rule shall not extend to the operator of such vessel or any person employed as a crew person of such vessel.
2. No change.
(b) Commercial Bag Limit.
1. No change.
2. Persons harvesting permit as incidental bycatch pursuant to paragraph 68B-35.004(5)(a), F.A.C., shall be subject to a daily harvest, landing, and possession limit of 100 permit. Possession of commercial incidental bycatch quantities of permit is prohibited within the Special Permit Zone, except for Pompano Endorsement holders within the Pompano Endorsement Zone harvesting pursuant to Rule 68B-35.005, F.A.C.
(2) Pompano Bag Limits –
(a) No change.
(b) Pompano Commercial Daily Harvest Limits –
1. through 2. No change.
3. Purchase and Sale – At the initial sale, no wholesale dealer shall purchase more than 250 individual pompano per day from any person who does not possess and present to the dealer a valid Pompano Endorsement, in addition to a saltwater products license with a restricted species endorsement. Except for Pompano Endorsement holders harvesting within the Pompano Endorsement Zone pursuant to Rule 68B-35.005, F.A.C., no person harvesting for commercial purposes shall sell more than 250 individual pompano per day.
(3) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 8-29-11, Amended________.
68B-35.004 Gear Specifications and Prohibited Gear.
(1) through (2) No change.
(3) Permit Gear – The Except as provided in paragraph 68B-35.004(5)(a), F.A.C., the harvest or attempted harvest of any permit in or from state waters by or with the use of any gear other than hook and line gear is prohibited. Except as provided in paragraph 68B-35.004(5)(a), F.A.C., the The harvest or attempted harvest of any permit in adjacent federal EEZ waters by or with the use of any gear other than hook and line and spearing gear is prohibited.
(4) through (5) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.40 FS. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.004, Amended 11-1-01, 1-1-04, 8-29-11,________.
68B-35.005 Pompano Endorsement Regulations.
(1) No change.
(2) Pompano Endorsement Zone
(a) through (b) No change.
(c) Sale – At the initial sale, no wholesale dealer shall purchase more than 250 individual pompano per day from any person who does not possess and present to the dealer a valid Pompano Endorsement, in addition to a saltwater products license with a restricted species endorsement. No person harvesting for commercial purposes pursuant to a valid Pompano Endorsement, in addition to a saltwater products license with a restricted species endorsement shall sell more than 250 individual pompano.
(d) through (e) renumbered (c) through (d) No change.
(3) No change.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 11-1-01, Amended 1-1-04, 8-29-11,________.
68B-35.006 Closed Season.
Inside the Special Permit Zone, no person shall harvest, possess, purchase, sell or exchange any permit within or without state waters during the months of May, June, and July of each year except as provided in paragraph 68B-35.0035(1)(d), F.A.C. During this closed season, the possession of permit while in or on the waters of the Special Permit Zone, including any dock, pier, bridge, beach, or other fishing site adjacent to such waters is prohibited.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 8-29-11, Amended________.
PROPOSED EFFECTIVE DATE: As soon as possible after filing
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.