68B-45.0045: Closed Seasons
68B-45.006: Other Prohibitions
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s Blue Crab Rule in order to establish closed seasons to the harvest of blue crabs from traps. The purpose of creating Rule 68B-45.0045, F.A.C., is to facilitate the identification and retrieval of lost and abandoned blue crab traps. This has been identified as an issue of importance by both the fishing industry and the public. The proposed draft rule amendment would create five regional closures along Florida’s coast and one closure in waters of the St. Johns River system. Each closure would last up to ten days and would occur annually. The duration of the closures within the ten days specified in the rule would be based on conditions in the specific regions and would be at the discretion of the Executive Director of the Commission. The purpose of modifying Rule 68B-45.006, F.A.C., is to transfer the current Gulf of Mexico Regional Closure into the new section, Rule 68B-45.0045, F.A.C., so that all blue crab season closures are in the same section of the rule.
SUBJECT AREA TO BE ADDRESSED: Blue Crab.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
68B-45.0045 Closed Seasons.
(1) In order to facilitate the identification and removal of lost and abandoned traps the following restrictions shall apply.
(a) The use of traps to harvest blue crabs is prohibited for a period of up to ten days annually in the following regions:
1. All waters of the St. Johns River, its associated lakes and tributaries from west of the St. Johns River’s intersection with the Intracoastal Canal through and including Lake Hellen Blazes from January 16 through January 25;
2. All waters of Nassau, Duval, Clay, St. Johns, Putnam, Flagler, and Volusia counties from August 20 through August 29, however, not including waters listed in subparagraph (1)(a)1. of this paragraph;
3. All waters of Brevard, Indian River, St. Lucie, Martin, and Palm Beach counties from August 10 through August 19, however, not including waters listed in subparagraph (1)(a)1. of this paragraph;
4. All waters of Broward, Miami-Dade, Monroe, Collier, Lee, Charlotte, DeSoto, Sarasota, Manatee, Hillsborough, Pinellas, and Pasco counties from July 10 through July 19;
5. All waters of Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, and Hernando counties and including all waters of the Ochlockonee River and Ochlockonee Bay from July 20 through July 29;
6. All waters of Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, and Franklin counties from January 5 through January 14, however, exculding all waters of the Ochlockonee River and Ochlockonee Bay.
(b) All traps must be removed from the water before 12:01 a.m. local time on the first day of each regional closure. Traps found in state waters during the closures are declared to be a public nuisance and shall be disposed of in the manner approved by the Commission. Traps may be returned to the water after 12:01 a.m. local time on the day following each regional closure.
(c) Closures listed in subparagraph (1)(a)2., 3., 4., 5., and 6. extend to three nautical miles offshore.
(d) Closures listed in paragraph (1)(a) may be reduced in duration if it is determined by the Executive Director of the Commission that the number of lost and abandoned traps in the region will take less time to remove than the time listed in paragraph (1)(a).
(e) Closures do not apply to traps secured to private property, such as a dock, or to authorized gear listed in paragraphs 68B-45.004(1)(b)-(g), F.A.C.
(2) In the Gulf Seasonal Closure Region, no blue crab trap, including any trap used to harvest peeler crabs, may be placed in the water, fished, or soaked during the period beginning September 20 and continuing through October 4 each year.
(3) In the 2009/2010 fishing season, no trap retrieval fees will be assessed for blue crab traps collected through the Commission’s Trap Retrieval Program.
PROPOSED EFFECTIVE DATE July 1, 2009.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-09.
68B-45.006 Other Prohibitions.
(1) through (2) No change.
(3) In the Gulf Seasonal Closure Region, no blue crab trap, including any trap used to harvest peeler crabs, may be placed in the water, fished, or soaked during the period beginning September 20 and continuing through October 4 each year.
PROPOSED EFFECTIVE DATE July 1, 2009.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Formerly 46-45.006, Amended 7-1-03, 7-15-04, 7-1-09.