Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
Rule No. : RULE TITLE :
68B-35.002: Definitions
68B-35.003: Size and Bag Limits; Prohibition of Sale
68B-35.0035: Bag Limits
68B-35.004: Gear Specifications and Prohibited Gear
68B-35.005: Commercial Pompano Harvest Requirements: Pompano Endorsement Criteria; State and Federal Waters Pompano Daily Harvest Limits and License Requirements for Sale or Purchase
68B-35.006: Closed Season
PURPOSE AND EFFECT: 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.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has 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.
RULEMAKING 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 Commission’s regular meeting June 8-9, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: The Renaissance Resort at World Golf Village, 500 South Legacy Trail, St. Augustine, FL 32092-2719
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-35.002 Definitions.

(1) through (4) No change.

(5) “Harvest for commercial purposes” means the taking or harvesting of fish for purposes of sale, barter, trade, or exchange, or with intent to sell, barter, trade, or exchange, or in excess of established bag limit.

(6)(5) “Land,, when used in connection with the harvest of a fish, means the physical act of bringing the harvested fish ashore.

(7) “Permit” means any fish of the species Trachinotus falcatus, or any part thereof.

(8) “Person” means any natural person, firm, entity or corporation.

(9)(6) “Pompano” means any fish of the species Trachinotus carolinus, or any part thereof.

(10) “Recreational harvester” means any person, other than a person harvesting for commercial purposes, who harvests fish within or without state waters.

(11) “Snagging” or “snatch hooking” means the intentional catching of a fish by any device intended to impale or hook the fish in any part of its body other than the mouth.

(12) “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).

(13) “Special Permit Zone” means state and adjacent federal Exclusive Economic Zone (EEZ) waters lying south of a line running due east from Cape Florida at 25°40' North Latitude, waters of Biscayne Bay south of Rickenbacker Causeway, and state and adjacent federal EEZ waters lying south of a line just south of Cape Romano at 25°50' North Latitude running due west through federal waters and running east to the mainland.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Specific 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 46-35.002, Amended 1-1-04, 7-1-11.

 

68B-35.003 Size and Bag 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. Outside of the Special Permit Zone, no person shall harvest, possess, or land within or without state waters any permit with a fork length less than 11 inches or greater than 22 inches, except as provided in paragraph (b), or except that no person shall harvest, possess, or land more than one permit with a fork length greater than 22 inches as provided in subparagraph 68B-35.0035(1)(a)2., F.A.C. No person shall harvest in or from state waters, or possess while in or on state waters, any pompano or permit, with a fork length less than 11 inches, or greater than 20 inches, except that a person harvesting pursuant to the bag limit specified in paragraph (2)(a) of this rule may harvest and possess one pompano or permit greater than 20 inches in fork length. However, the possession of more than two (2) permit or pompano in any combination greater than 20 inches fork length on any vessel is prohibited. No person shall purchase, sell, or exchange any pompano or permit with a fork length less than 11 inches, or greater than 20 inches.

(b) Commercial Size Limits – A person harvesting for commercial purposes shall not harvest, possess, or land within or without state waters any permit with a fork length less than 11 inches or greater than 20 inches. No person may buy, sell, or exchange any permit with a fork length less than 11 inches or greater than 20 inches. The possession of any permit with a fork length less than 11 inches or greater than 20 inches on a vessel that is harvesting for commercial purposes is prohibited.

(2) Pompano Size Limits –

(a) Recreational Size Limits – No person shall harvest or possess within or without state waters any pompano with a fork length of less than 11 inches.

(b) Commercial Size Limits – A person harvesting for commercial purposes shall not harvest, possess, or land within or without state waters any pompano with a fork length less than 11 inches or greater than 20 inches. No person may buy, sell, or exchange any pompano with a fork length less than 11 inches or greater than 20 inches. The possession of any pompano with a fork length less than 11 inches or greater than 20 inches on a vessel that is harvesting for commercial purposes is prohibited.

(3)(b) African Pompano Size Limits – No person shall harvest in or from state waters, or possess within or without while in or on state waters, any African pompano with a fork length less than 24 inches, whether harvesting recreationally or for commercial purposes.

(4)(c) Landing in whole condition – All pompano, African pompano, and permit shall be landed in whole condition. The possession, within or without while in or on state waters, on any public or private fishing pier, or on a bridge or catwalk attached to a bridge from which fishing is allowed, or on any jetty, of any such fish that have been deheaded, sliced, divided, filleted, ground, skinned, scaled, or deboned is prohibited. Mere evisceration or “gutting” of such fish, or mere removal of gills, before landing is not prohibited.

(2) Bag Limits –

(a) Except for persons harvesting pompano commercially pursuant to the limits established by Rule 68B-35.005, F.A.C., or permit pursuant to a valid saltwater products license with a restricted species endorsement, no person shall harvest in or from state waters more than a total of 6 pompano or permit per day, in any combination of species, nor possess while in or on state waters more than 6 such fish. No more than one (1) of such pompano or permit may exceed 20 inches fork length. No more than two (2) permit or pompano in any combination exceeding 20 inches fork length shall be possessed onboard any vessel at any time.

(b) Each harvester of African pompano is subject to a bag limit of 2 African pompano per day; however, no more than 2 African pompano shall be possessed aboard any vessel while in or on state waters at any time.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Specific 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, 7-1-11.

 

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. Outside of the Special Permit Zone, and except as provided in subparagraph 68B-35.0035(1)(b)2., F.A.C., 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 two (2) permit per day. A recreational harvester may harvest, possess, or land within or without state waters no more than one permit with a fork length greater than 22 inches, included in the bag limit established in this subsection. No more than two permit with a fork length greater than 22 inches may be possessed aboard a vessel at any time. 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.

(b) Commercial Bag Limit

1. No directed commercial harvest of permit – Possession of any permit aboard a vessel harvesting for commercial purposes is prohibited, except for persons harvesting for commercial purposes pursuant to paragraph 68B-35.004(5)(a), F.A.C.

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) Recreational Bag Limit – Except as provided in paragraph 68B-35.0035(2)(b), F.A.C., no person shall recreationally harvest or possess at any time within or without state waters more than six (6) pompano per day.

(b) Pompano Commercial Daily Harvest Limits –

1. Persons harvesting for commercial purposes, except for Pompano Endorsement holders harvesting within the Pompano Endorsement Zone pursuant to Rule 68B-35.005, F.A.C., are subject to a daily harvest, landing, and possession limit of 250 pompano within or without state waters.

2. Persons harvesting pompano 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 pompano.

(3) African Pompano Bag Limits – Each person harvesting African pompano within or without state waters is subject to a bag limit of two (2) African pompano per day, whether harvesting recreationally or for commercial purposes. No more than two (2) African pompano shall be possessed aboard any vessel within or without state waters at any time.

PROPOSED EFFECTIVE DATE: July 1, 2011

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 7-1-11.

 

68B-35.004 Gear Specifications and Prohibited Gear.

(1) The harvest of pompano, African pompano, or permit within or without in or from state waters by or with the use of any multiple hook in conjunction with live or dead natural bait, or the landing of such fish so harvested, is prohibited. Snagging (snatch hooking) of pompano, African pompano, or permit within or without in or on state waters is also prohibited.

(2)(a) African Pompano Gear – Except as provided in paragraph (b), Tthe harvest or attempted harvest of any African pompano in or from state waters whether harvesting recreationally or for commercial purposes, by or with the use of any gear other than a hook and line gear is prohibited. In adjacent federal EEZ waters, the harvest or attempted harvest of any African pompano by or with the use of any gear other than hook and line gear or spearing is prohibited, whether harvesting recreationally or for commercial purposes.

(3) Permit Gear – 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. 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)(b) Pompano Gear – Except as provided in subsection 68B-35.005(3), F.A.C., or as provided in paragraph 68B-35.004(5)(a), F.A.C., the harvest or attempted harvest of any pompano within or without in state waters by or with the use of any gear other than a beach or haul seine, a cast net, or hook and line gear is prohibited.

(5)(3) Except as provided in paragraph 68B-35.005(2)(d), F.A.C., and in this paragraph, no person shall simultaneously possess aboard any vessel in state waters any pompano or permit together with any gill or entangling net.

(a) Such possession is allowed by persons who have harvested pompano in adjacent federal Exclusive Economic Zone (EEZ) waters and who possess a valid saltwater products license with a restricted species endorsement and a pompano endorsement issued pursuant to subsection 68B-35.005(1), F.A.C., only in the area of state waters between 25°09' North Latitude and 26°00' North Latitude, between Cape Sable and Hurricane Pass.

(4) Each pompano gill or entangling net possessed in state waters or used in federal EEZ waters pursuant to subsection (3) shall meet the following specifications, except that the mesh size requirement in paragraph (c) shall not apply to the exception in paragraph (3)(b):

(a)(b) Possession of pompano or permit is allowed by persons who have harvested pompano or permit in adjacent federal EEZ waters as an incidental bycatch in gill or entangling nets while fishinged for other species, as long as such which persons possess a valid saltwater products license with a restricted species endorsement, and provided that the amount of pompano or permit does not exceed the harvest, possession, and landing limit specified in subparagraphs 68B-35.0035(2)(b)2. and 68B-35.0035(1)(b)2. 005(2)(c), F.A.C.

(c) Paragraphs (a) and (b) shall not apply to any person or vessel returning from federal EEZ waters that stops to fish in state waters.

(a) Such net shall not be less than 400 yards in length, along the cork line and along the lead line.

(b) Such net shall be at least 70 meshes deep at its shallowest point.

(c) Such net shall have a mesh size of at least 4 1/2 inches stretched mesh, throughout the net.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Specific 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, 7-1-11.

 

68B-35.005 Commercial Pompano Harvest Requirements: Pompano Endorsement Regulations Criteria; State and Federal Waters Pompano Daily Harvest Limits and License Requirements for Sale or Purchase.

(1) No change.

(2) STATE AND FEDERAL WATERS DAILY COMMERCIAL HARVEST LIMITS – Persons harvesting pompano in state and federal waters pursuant to a saltwater products license with a restricted species endorsement, but who do not possess a pompano endorsement, shall be subject to a daily harvest and landing limit of 250 individual pompano; provided, however, that no more than 250 pompano harvested pursuant to this subsection shall be possessed aboard any vessel at any time. Such persons are subject to the gear limitations of paragraph 68B-35.004(2)(b), F.A.C.

(a) No person shall sell more than 250 individual pompano per day, unless such person possesses a valid Pompano Endorsement, in addition to a saltwater products license with a restricted species endorsement. Pompano shall only be harvested with a gill or entangling net in federal EEZ waters specified in paragraph 68B-35.004(3)(a), F.A.C., and shall only be sold by a person harvesting such pompano pursuant to a Pompano Endorsement.

(b) 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.

(c) Persons harvesting pompano as incidental bycatch pursuant to paragraph 68B-35.004(3)(b), F.A.C., shall be subject to a daily harvest, landing, and possession limit of 100 pompano.

(2) Pompano Endorsement Zone

(a) Boundaries – Regulations for Pompano Endorsement Holders established in Rule 68B-35.005, F.A.C., apply only in federal EEZ waters between 25°09' North Latitude and 26°00' North Latitude, between Cape Sable and Hurricane Pass.

(b) Transport and Landings – Transport through state waters of pompano harvested pursuant to paragraph 68B-35.005(2)(a), F.A.C., must be between 25°09' North Latitude and 26°00' North Latitude, between Cape Sable and Hurricane Pass, and landed within these boundaries.

(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) Simultaneous Possession of Pompano and Gill or Entangling Nets – Simultaneous possession of any pompano together with any gill or entangling net aboard any vessel is only allowed within or without state waters, between 25°09' North Latitude and 26°00' North Latitude, between Cape Sable and Hurricane Pass, by persons who have harvested pompano within the boundaries established in paragraph 68B-35.005(2)(a), F.A.C., and who possess a valid saltwater products license with a restricted species endorsement and a Pompano Endorsement issued pursuant to subsection 68B-35.005(1), F.A.C., or pursuant to paragraph 68B-35.004(5)(a), F.A.C.

(e) The exemption established in paragraph 68B-35.005(2)(d), F.A.C., shall not apply to any person or vessel which does not return from federal EEZ waters directly, continuously, and expeditiously from the place where the 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, or otherwise fails to meet all requirements of Section 379.2423, F.S.

(3) GEAR FOR POMPANO ENDORSEMENT ZONE – Persons harvesting pursuant to a Pompano Endorsement and within the Pompano Endorsement Zone established in paragraph 68B-35.005(2)(a), F.A.C., are permitted to use gill or entangling nets to target pompano in addition to allowable gears for pompano listed in Rule 68B-35.004, F.A.C. Each gill or entangling net shall meet the following specifications:

(a) Such net shall not be less than 400 yards in length, along the cork line and along the lead line.

(b) Such net shall be at least 70 meshes deep at its shallowest point.

(c) Such net shall have a mesh size of at least 4 1/2 inches stretched mesh, throughout the net.

PROPOSED EFFECTIVE DATE: July 1, 2011

Rulemaking Specific 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, 7-1-11.

 

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.

PROPOSED EFFECTIVE DATE: July 1, 2011

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 7-1-11.

 

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.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 6, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 29, 2011