68B-21.0015: Definitions
68B-21.003: Prohibition of Sale of Snook
68B-21.004: Seasons
68B-21.005: Size Limits
PURPOSE AND EFFECT: The primary purpose of the proposed rule amendments are to clarify that the Commission prohibits the sale of snook harvested or taken within or without the state in order to fully protect the snook resources from illegal sales or importation and to clarify definitions and other pro.
SUMMARY: The proposed rule will clarify that the sale of Commission rule of snook taken within or without the state is prohibited, that the size limit and season requirements of Commission rules apply to snook taken within or without the state, that snook is regulated in Florida and Federal waters by Commission rule and that snook can be temporarily possessed to measure minimum or maximum size and must be returned free, alive and unharmed if undersize or oversize.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of Estimated Regulatory Cost was prepared. The agency has determined that this rule will ____or will not __X__ have an impact on small business. A SERC has ____ or has not _X__ been prepared by the agency.
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.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Robson, 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-21.0015 Definitions.
(1) “Atlantic Region” means all state and federal waters of the Atlantic Ocean north and east of the Dade-Monroe County line, and all inland waters of the counties encompassed by the St. Johns River Water Management District, and the South Florida Water Management District, except Charlotte County, Collier County, Glades County, Hendry County, Highlands County, Lee County, and Monroe County, but including all waters of Lake Okeechobee and the Kissimmee River.
(2) No change.
(3) “Gulf Region” means all state and federal waters of the Gulf of Mexico, the inland waters of Charlotte County, Collier County, Glades County, Hendry County, Highlands county, Lee County, Monroe County and all counties encompassed by the Southwest Florida Water Management District, the Suwanee River Water Management District, and the Northwest Florida Water Management District, and all waters of Everglades National Park, but excluding all waters of Lake Okeechobee and the Kissimmee River.
(4) “Harvest” means the catching or taking of a fish by any means whatsoever, followed by a reduction of such fish to possession. Fish that are caught but immediately returned to the water free, alive, and unharmed are not harvested. In addition, temporary possession of a fish for the purpose of measuring it to determine compliance with the minimum or maximum size requirement of this chapter shall not constitute harvesting such fish, provided that it is measured immediately after taking, and immediately returned to the water free, alive, and unharmed if undersize or oversize.
(5) through (9) No change.
PROPOSED EFFECTIVE DATE: As soon as possible following commission action.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-9-87, Amended 1-1-98, Formerly 46-21.0015, Amended 1-1-02, 5-13-02, 7-1-06, 7-12-07,_______.
68B-21.003 Prohibition of Sale of Snook.
(1) It is unlawful for any person, firm or corporation to buy, sell, trade, barter or exchange snook taken within or without the state in any form or manner, or to receive anything of value for any snook with or without changing possession thereof, except as provided in Rule 68B-8.012, F.A.C.
(2) It is unlawful for any wholesale or retail seafood dealer or restaurant to possess, buy, sell, or store any snook or part thereof taken within or without the state, or permit any snook or part thereof to be possessed, bought, sold or stored on, in, or about the premises or vehicles where such wholesale or retail seafood business or restaurant is carried on or conducted; provided, however, that snook which have been lawfully harvested, or parts thereof, may be kept on the premises of a restaurant for the limited purpose of preparing such snook for consumption by the angler who harvested them, so long as such snook or parts thereof are packaged or on strings with tags bearing the name and address of the owner clearly written thereon.
PROPOSED EFFECTIVE DATE: As soon as possible following commission action.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Formerly 46-21.003, Amended 5-13-02, 7-12-07,_______.
68B-21.004 Seasons.
(1) No person, firm or corporation shall kill, harvest or have in its possession, regardless of where taken, any snook taken within or without the state during the following closed periods, in the indicated areas:
(a) Statewide, during the period beginning December 15 of each year and continuing through January 31 of the following year.
(b) In the Atlantic Region, during the months of June, July or August.
(c) In the Gulf Region, during the first 14 days of the month of December, and during the months of February, May, June, July, or August.
(2) Exceptions to the closed seasons established by this rule shall only be granted by special permit issued by the Commission pursuant to Section 379.244(2), F.S., for experimental, scientific, or exhibitional purposes.
PROPOSED EFFECTIVE DATE: As soon as possible following commission action.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, Formerly 46-21.004, Amended 1-1-02, 7-12-07,_______.
68B-21.005 Size Limits.
(1) It is unlawful for any person, firm or corporation to kill, harvest or possess any snook that measures less than 28 inches or greater than 32 inches in total length in the Atlantic Region and less than 28 inches or greater than 33 inches in the Gulf Region.
(2) All snook harvested from Florida and federal waters shall be landed in a whole condition. The possession, while on state waters, of snook, whether taken within or without the state, that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or “gutting” of snook, or mere removal of gills from snook, before landing is not prohibited. Preparation of snook for immediate consumption on board the vessel from which the fish were caught is not prohibited.
PROPOSED EFFECTIVE DATE: As soon as possible following commission action.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-23-85, Amended 7-9-87, 3-1-94, 12-31-98, Formerly 46-21.005, Amended 7-1-06, 7-19-06, 7-12-07,_______.
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.