17719201, 68B-41.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17719201

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

DOLPHIN

Overview

RULE:

68B-41.003	Regional Recreational Size Limits; Commercial Size Limits; Landed in Whole Conditional Requirement and Exception
68B-41.007	Prohibited Sale; Vessel for Hire Exception

PURPOSE:

In general, state and federal regulations require most marine fish to be landed whole (e.g., fish may not be possessed as fillets on the water).  In January 2016, the South Atlantic Fishery Management Council created an exemption allowing recreational anglers to transit Atlantic federal waters with fillets of recreationally harvested dolphin from The Bahamas provided specific conditions were met.  The Commission is considering rules that are consistent with recent changes for federal waters.  Specifically, these proposed rules would create an exception in state rule allowing anglers to land dolphin as fillets instead of as whole fish, provided the dolphin were recreationally harvested in The Bahamas and anglers adhere to several conditions.  

To qualify for this exception, anglers would be required to keep skin on fillets for the purpose of species identification.  Anglers would also be required to comply with South Atlantic federal bag and possession limits.  For the purpose of these rules, two fillets would count as one fish towards the dolphin bag and passion limits.  To serve as proof that the fish were harvested in Bahamian waters, the vessel would be required to have valid Bahamian fishing and cruising permits and each passenger aboard the vessel would be required to possess a valid government passport with current stamps and dates from The Bahamas.  When transiting state waters, the vessel would be required to maintain a continuous course with all fishing gear stowed.  The final condition would prohibit sale and purchase of dolphin transited to Florida under this exception.  

The proposed rule changes would benefit Florida residents and tourists who depart from Florida ports to fish in The Bahamas, because it would allow them to return to Florida with their Bahamian-caught dolphin as fillets.  Aboard small recreational fishing vessels, it is more practical to store fish as fillets, rather than as whole fish, and doing so can help minimize food safety risks.  Additionally, implementing these proposed rules would create consistency with federal regulations off Florida’s Atlantic coast and make rule compliance simpler for recreational anglers.

The effect of the proposed rules would be an exception allowing recreational anglers to land dolphin as fillets, rather than as whole fish, when returning to Florida by boat with dolphin caught in Bahamian waters.  Creating this exception would benefit Florida residents and tourists by offering them an alternative means to safely store and transport their Bahamian catch and by creating consistent regulations with adjacent federal waters.

SUMMARY:

These proposed rules would create an exception allowing recreational anglers to land dolphin as fillets instead of as whole fish, provided the dolphin were recreationally harvested in The Bahamas and specific conditions are met.  The conditions would require (1) skin to remain on the fillets; (2) anglers to comply with South Atlantic federal bag and possession limits; (3) the vessel to possess valid Bahamian fishing and cruising permits; and (4) each passenger to possess valid government passports with current Bahamian stamps and travel dates.  For the purpose of the proposed rules, two fillets would count as one fish towards dolphin bag and possession limits.  Vessels transporting filleted dolphin from The Bahamas would be required to maintain direct and continuous transit through state waters with all fishing gear stowed.  Finally, the proposed rules would prohibit the sale and purchase of dolphin transported to Florida under this exception.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

7/1/2016 Vol. 42/128

COMMENTS:

From 7/1/2016 To 7/22/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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