68B-44.002: Definitions
68B-44.003: Bag Limit Applicable to State Waters, Gear Restriction
68B-44.004: Practice of Finning Prohibited; Removal of Fins from Sharks Harvested in State Waters Prohibited; Compliance with Federal Requirements; Filleting Prohibited
68B-44.005: Commercial Harvest of Sharks: Federal Permit Required
68B-44.006: Commercial Season; Season Closure; Prohibition of Sale
68B-44.007: Size Limit Applicable to State Waters
68B-44.008: Prohibited Species; Prohibition of Harvest, Landing, and Sale
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s Sharks and Rays Rule to comply with the newly created Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fishery Management Plan for Atlantic Coastal Sharks (Plan). The ASMFC created this Plan because coordinated state management is a vital step towards establishing healthy, self-sustaining populations of Atlantic coastal sharks. The Plan lays out management measures that Florida is required to adopt unless Florida enacts alternative measures that are approved by the ASMFC as conservation equivalency measures.
The Commission is considering changes to state regulations that would: 1) add sandbar, silky and Caribbean sharpnose sharks to the prohibited species list, 2) prohibit all shark harvesters from removing the heads of sharks while at sea, 3) create a minimum size limit of 54 inches fork length for all allowable shark species except the Atlantic sharpnose, blacknose, bonnethead, finetooth, smooth dogfish, and blacktip sharks, creating a size limit for 14 species of sharks in Florida waters, 4) allow only hook and line gear for the harvest of sharks, and 5) update and clarify language throughout the rule, update references to the Code of Federal Regulations, and change the start date of the commercial fishing year.
The effect of these rule amendments is that the management of Atlantic coastal sharks will be coordinated along the eastern seaboard which is a vital step towards establishing healthy, self-sustaining populations of these species. By adopting these regulations the State of Florida will be contributing to the effort to reduce fishing pressure on Atlantic coastal sharks and allow these populations to expand. This should help ensure a larger sustainable harvest for the future.
SUMMARY: Rule 68B-44.002, F.A.C. (Definitions) would be amended by reorganizing and renumbering the shark groups, the smooth dogfish genus Mustelus would be added to the list of species covered under Chapter 68B-44, F.A.C., changing the definition of finning to clarify that a shark fin may be cut as long as it is still naturally attached to the shark, adding a definition of fork length and “harvest for commercial purposes” and removing the definition of spearing. Rule 68B-44.003, F.A.C. (Bag Limit Applicable to State Waters, Gear Restriction) would be amended to make hook and line the only allowable gear to harvest sharks in Florida state waters and to not allow snatching or multiple hooks with natural bait. The spearing section would also be removed from Rule 68B-44.003, F.A.C. Rule 68B-44.004, F.A.C. (Practice of Finning Prohibited; Removal of Fins from Sharks Harvested in State Waters Prohibited; Compliance with Federal Requirements; Filleting Prohibited) would be amended to clarify and strengthen the finning rule by stating the tail may not be removed; however, the base of the tail may be sliced to bleed the shark to help preserve the meat. This rule section would also be amended to prohibit the removal of heads at sea, remove additional unnecessary language, and ensure sharks legally caught in adjacent federal waters are allowed to be landed in Florida. Rule 68B-44.005, F.A.C. (Commercial Harvest of Sharks: Federal Permit Required) would be amended to include language stating all commercial shark landings must be sold to a federally-licensed wholesale dealer and update the reference to the federal code regarding commercial shark permits. Rule 68B-44.006, F.A.C. (Commercial Season; Season Closure; Prohibition of Sale) would be amended to change the commercial fishing season from July 1 through June 30 to January 1 through December 31. Additionally, this section would be amended to include language to automatically close the shark fishery when the ASMFC directs states to close the fishery in state waters and would clarify that the pelagic sharks group is included in current commercial season closure language. Rule 68B-44.007, F.A.C. (Size Limit Applicable to State Waters) would be created to implement a 54 inch minimum fork length for all allowable shark species except Atlantic sharpnose shark, blacknose shark, bonnethead shark, finetooth shark, smooth dogfish, and blacktip shark, resulting in a size limit for 14 shark species in Florida waters. Rule 68B-44.008, F.A.C. (Protected Species; Prohibition of Harvest, Landing, and Sale) would be amended to include sandbar, silky, and Caribbean sharpnose sharks on the list of prohibited sharks and rays and reorganize the list of prohibited species in alphabetical order.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, December 9-10, 2009, 8:30 a.m. – 5:00 p.m., each day
PLACE: John Boy Auditorium, 1200 South W.C. Owen Avenue, Clewiston, FL 33440
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: 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-44.002 Definitions.
As used in this rule chapter:
(1) “Finned” means one or more fins are no longer naturally attached to the body of the shark. A shark with fins naturally attached, either wholly or partially, is not considered finned.
(2) “Fork Length” means the length of a fish as measured from the most forward point of the head to the rear center edge of the tail.
(3)(1) “Harvest” means the catching or taking of a marine organism by any means whatsoever, followed by a reduction of such organism to possession. Marine organisms that are caught but immediately returned to the water free, alive, and unharmed are not harvested.
(4)(2) “Harvest for commercial purposes” means the taking or harvesting harvest of a marine organism for purposes of sale, barter, trade or exchange or with intent to sell, barter, trade or exchange.
(3) “Finning” means removing the fins of a shark and returning the remainder of the shark to the water.
(5)(4) “Land,” when used in connection with the harvest of marine organisms, means the physical act of bringing the harvested organism ashore.
(6)(5) “Ray” means any species of the Order Rajiformes, or any part thereof.
(7)(6) “Shark” means any of the following species or any part thereof (excluding fins unattached as authorized in this chapter):
(a) Large coastal species:
1. Blacktip shark – Carcharhinus limbatus. Great hammerhead – Sphyrna mokarran.
2. Bull shark – Carcharhinus leucas. Scalloped hammerhead – Sphyrna lewini.
3. Great hammerhead – Sphyrna mokarran. Smooth hammerhead – Sphyrna zygaena.
4. Lemon shark – Negaprion brevirostris. White shark – Carcharodon carcharias.
5. Nurse shark – Ginglymostoma cirratum. Nurse shark – Ginglymostoma cirratum.
6. Scalloped hammerhead – Sphyrna lewini. Bignose shark – Carcharhinus altimus.
7. Smooth hammerhead – Sphyrna zygaena. Blacktip shark – Carcharhinus limbatus.
8. Spinner shark – Carcharhinus brevipinna. Bull shark – Carcharhinus leucas.
9. Tiger shark – Galeocerdo cuvier. Caribbean reef shark – Carcharhinus perezi.
10. Dusky shark – Carcharhinus obscurus.
11. Galapagos shark – Carcharhinus galapagensis.
12. Lemon shark – Negaprion brevirostris.
13. Narrowtooth shark – Carcharhinus brachyurus.
14. Night shark – Carcharhinus signatus.
15. Sandbar shark – Carcharhinus plumbeus.
16. Silky shark – Carcharhinus falciformis.
17. Spinner shark – Carcharhinus brevipinna.
18. Tiger shark – Galeocerdo cuvieri.
19. Bigeye sand tiger – Odontaspis noronhai.
20. Sand tiger shark – Odontaspis taurus.
(b) Small coastal species:
1. Atlantic sharpnose shark – Rhizoprionodon terraenovae. Atlantic angel shark – Squatina dumerili.
2. Blacknose shark – Carcharhinus acronotus. Bonnethead – Sphyrna tiburo.
3. Bonnethead – Sphyrna tiburo. Atlantic sharpnose shark – Rhizoprionodon terraenovae.
4. Finetooth shark – Carcharhinus isodon. Blacknose shark – Carcharhinus acronotus.
5. Caribbean sharpnose shark – Rhizoprionodon porosus.
6. Finetooth shark – Carcharhinus isodon.
7. Smalltail shark – Carcharhinus porosus.
(c) Pelagic species:
1. Blue shark – Prionace glauca. Bigeye sixgill shark – Hexanchus vitulus.
2. Oceanic whitetip shark – Carcharhinus longimanus. Sevengill shark – Heptranchias perlo.
3. Porbeagle shark – Lamna nasus. Sixgill shark – Hexanchus griseus.
4. Shortfin mako – Isurus oxyrinchus. Longfin mako – Isurus paucus
5. Thresher shark – Alopias vulpinus. Porbeagle shark – Lamna nasus.
6. Shortfin mako – Isurus oxyrinchus.
7. Blue shark – Prionace glauca.
8. Oceanic whitetip shark – Carcharhinus longimanus.
9. Bigeye thresher – Alopias superciliosus.
10. Thresher shark – Alopias vulpinus.
(d) Smooth Dogfish – any species of the Genus Mustelus.
(7) “Spearing” means the catching or taking of a fish by bow hunting, gigging, spearfishing, or by any device used to capture a fish by piercing the body. Spearing does not include the catching or taking of a fish by a hook with hook and line gear, or by snagging (snatch hooking).
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.002, Amended ________.
68B-44.003 Bag Limit Applicable to State Waters;, Gear Restriction.
(1) No change.
(2) The harvest or attempted harvest of any shark in or from state waters is prohibited except by use of hook and line gear. The harvest or attempted harvest of any shark in or from state waters by spearing is prohibited.
(3) The harvest of any shark, within the waters of the state, by or with the use of any multiple hook in conjunction with live or dead natural bait is prohibited.
(4) Snagging (snatch hooking) of shark in or from state waters is prohibited.
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.003, Amended________.
(Substantial rewording of Rule 68B-44.004. See Florida Administrative Code for present text.)
68B-44.004 Landing in Whole Condition; Transit Through State Waters Practice of Finning Prohibited; Removal of Fins from Sharks Harvested in State Waters Prohibited; Compliance with Federal Requirements; Filleting Prohibited.
(1) All sharks harvested from State of Florida waters shall be landed in a whole condition. Except as provided for in subsection (2), the possession, while in or on the waters of the state, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, of any shark that has had the head removed, been divided, filleted, ground, skinned, finned, or had the caudal (tail) fin removed is prohibited. Mere evisceration or “gutting” of such fish or slicing the base of the caudal fin to bleed the carcass as long as the caudal fin remains attached before landing is not prohibited.
(2) The landing requirements contained in this section, possession and bag limit restrictions contained in Rule 68B-44.003, F.A.C., and the prohibited species contained in Rule 68B-44.008, F.A.C., shall not apply to lawful commercial harvest in federal waters when such harvest is transported directly through state waters with gear appropriately stowed. Transit shall be direct, continuous and expeditious from the place where lawful harvest occurred to the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold. For the purpose of this section appropriately stowed means a longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however buoys may remain on deck. A rod and reel must be stowed securely. Terminal gear (i.e., hooks, leaders, sinkers, flashers, or baits) must be disconnected and stowed separately from the fishing apparatus. Sinkers must be disconnected from the down rigger and stowed separately. Gillnets must be rolled, folded, or otherwise properly and securely stowed in sealed containers or compartments so as to make their immediate use as fishing implements impracticable.
(1) No person shall engage in the practice of finning.
(2) No person shall remove any fin of any shark harvested in state waters while in or on such waters or prior to the shark being landed.
(3) Persons returning from federal Exclusive Economic Zone (EEZ) waters adjacent to state waters with sharks or shark fins harvested there shall not stop in state waters to fish and shall land any shark or shark fins in the proportion specified in 50 C.F.R. §635.30(c).
(4) No person shall fillet any shark while in or on state waters. The possession while in or on state waters of any shark that has been sliced, divided, filleted, ground, skinned, scaled, or deboned, is prohibited. Mere evisceration or “gutting” of such fish, mere removal of gills or the removal of the heads and tails, is not prohibited.
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.004, Amended 10-15-07, ________.
68B-44.005 Commercial Harvest of Sharks: Federal Permit Required.
(1) No person shall harvest sharks in or from the waters of the state for commercial purposes or sell any shark harvested from such waters unless such person is in possession of a valid federal annual vessel permit for sharks issued pursuant to 50 C.F.R. § 635.4 678.4 or written authorization of such harvest or sale from the Regional Director of the National Marine Fisheries Service pursuant to 50 C.F.R. § 635.32 678.27.
(2) A harvester required to hold the federal annual vessel permit for sharks pursuant to subsection (1) may only sell to a holder of a valid federal Atlantic shark dealer permit pursuant to 50 C.F.R. § 635.4.
(3) No wholesale dealer, as defined in Section 379.362(1), F.S., shall purchase sharks, or any part thereof, unless such dealer is in possession of a valid federal Atlantic shark dealer permit. No wholesale dealer shall purchase sharks, or any part thereof without confirming that the seller possesses a valid Florida saltwater products license and the federal licenses and permits specified in subsection (1). This subsection applies only when a shark, or any part thereof is sold, exchanged, bartered, distributed, or landed for the first time.
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, Formerly 46-44.005, Amended ________.
68B-44.006 Commercial Season; Season Closure; Prohibition of Sale.
(1) All persons harvesting sharks for commercial purposes shall have a season that begins on January July 1 of each year and continues through December 31 June 30 of the following year, unless closed earlier pursuant to subsection (2).
(2)(a) If at any time the harvest of any species of large or small coastal sharks, or pelagic sharks for commercial purposes in waters of the federal Exclusive Economic Zone (EEZ) adjacent to Florida waters is closed, corresponding state waters shall be closed to commercial harvest of the species affected by the federal closure, from the date of such closure until federal waters are reopened to the commercial harvest of such species.
(b) If at any time the harvest of any species of large or small coastal sharks, pelagic sharks, or smooth dogfish are closed in state waters of the Atlantic Ocean for commercial purposes by the Atlantic States Marine Fisheries Commission, Florida State waters of the Atlantic Ocean from the Florida-Georgia border to the border between Miami-Dade and Monroe Counties shall be closed from the date of such closure until the Atlantic States Marine Fisheries Commission reopens the fishery to the commercial harvest. For purposes of this section the border between Miami-Dade and Monroe Counties is defined as a line beginning on the east coast of Florida at the mainland at 25°20.4' N. lat, proceeding due east.
(c)(b) During the period of any state waters closure pursuant to paragraph (a) or (b), the harvest, possession, or landing for commercial purposes, or the sale, purchase, or exchange, of any species to which the closure applies, is prohibited. These prohibitions shall not apply to trade in shark carcasses or fins that were harvested, offloaded, and purchased, sold, or exchanged prior to the closure. The burden shall be upon any person possessing such shark carcasses or fins to establish the chain of possession from the initial transaction after harvest by appropriate receipt(s), bill(s) of sale, or bill(s) of lading. Failure to maintain such documentation or failure to promptly produce such documentation at the request of any duly authorized law enforcement officer shall constitute a violation of this rule.
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 2-14-94, 1-1-98, Formerly 46-44.006, Amended 7-1-03, ________.
68B-44.007 Size Limit Applicable to State Waters.
No person shall harvest in or from the waters of the State of Florida at any time, or unnecessarily destroy, any shark of fork length less than 54 inches, with the exception of:
(1) Atlantic sharpnose shark – Rhizoprionodon terraenovae.
(2) Blacknose shark – Carcharhinus acronotus.
(3) Blacktip shark – Carcharhinus limbatus.
(4) Bonnethead – Sphyrna tiburo.
(5) Finetooth shark – Carcharhinus isodon.
(6) Smooth Dogfish – any species of the Genus Mustelus.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.
68B-44.008 Prohibited Species; Prohibition of Harvest, Landing, and Sale.
No person shall harvest, possess, land, purchase, sell, or exchange any or any part of these species:
(1) Atlantic angel shark (Squatina dumeril).
(2) Basking shark (Cetorhinus maximus).
(3) Bigeye sand tiger (Odontaspis noronhai).
(4) Bigeye sixgill shark (Hexanchus nakamurai).
(5) Bigeye thresher (Alopias superciliosus).
(6) Bignose shark (Carcharhinus altimus).
(7) Caribbean reef shark (Carcharhinus perezii).
(8) Caribbean sharpnose shark (Rhizoprionodon porosus).
(9) Dusky shark (Carcharhinus obscurus).
(10) Galapagos shark (Carcharhinus galapagensis).
(11) Longfin mako (Isurus paucus).
(12) Narrowtooth shark (Carcharhinus brachyurus).
(13) Night shark (Carcharhinus signatus).
(14) Sandbar shark (Carcharhinus plumbeus).
(15) Sand tiger (Carcharias taurus).
(16) Sevengill shark (Heptranchias perlo).
(17) Silky shark (Carcharhinus falciformis).
(18) Sixgill shark (Hexanchus griseus).
(19) Smalltail shark (Carcharhinus porosus).
(20) Whale shark (Rhincodon typus).
(21) White shark (Carcharodon carcharias).
(22) Largetooth sawfish (Pristis pristis).
(23) Smalltooth sawfish (Pristis pectinata).
(24) Spiny dogfish (Squalus acanthias).
(25) Manta ray (species of the genus Manta and Mobula).
(26) Spotted eagle ray (Aetobatus narinari).
any smalltooth sawfish (Pristis pectinata), largetooth sawfish (Pristis pristis), basking shark (Cetorhinus maximus), whale shark (Rhincodon typus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus), bigeye sand tiger (Odontaspis noronhai), Atlantic angel shark (Squatina dumeril), bigeye sixgill shark (Hexanchus nakamurai), bigeye thresher shark (Alopias superciliosus), bignose shark (Carcharhinus altimus), Caribbean reef shark (Carcharhinus perezii), dusky shark (Carcharhinus obscurus), Galapagos shark (Carcharhinus galapagensis), longfin mako shark (Isurus paucus), narrowtooth shark (Carcharhinus brachyurus), night shark (Carcharhinus signatus), sevengill shark (Heptranchias perlo), sixgill shark (Hexanchus griseus), and smalltail shark (Carcharhinus porosus), spiny dogfish (Squalus acanthias), manta ray (species of the genus Manta and Mobula), or spotted eagle ray (Aetobatus narinari), or any part of any of these species.
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 4-8-92, Amended 1-1-98, Formerly 46-44.008, Amended 7-1-03, 3-9-06,________.
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 FAW.