6584377, 68B-42.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6584377

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MARINE LIFE

Overview

RULE:

68B-42.001	Purpose and Intent; Designation of Restricted Species; Definition of "Marine Life Species"
68B-42.002	Definitions
68B-42.004	Size Limits
68B-42.005	Recreational Bag Limit
68B-42.006	Commercial Season, Harvest Limits
68B-42.0065	Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability
68B-42.007	Gear Specifications and Prohibited Gear
68B-42.009	Prohibition on the Taking, Destruction, or Sale of Marine Corals Sea Fans, and Non-erect, Encrusting Octocorals; Exception

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Marine Life Rule in order to ensure the long-term sustainability of this fishery. These rule amendments were discussed by a Marine Life Workgroup composed of industry representatives over a three year time-frame and taken to public workshops.
Language will be added to the rule chapter that will authorize the issuance of Special Activity Licenses for activities that are otherwise prohibited in this rule chapter. Additionally, new fish and invertebrate species would be added to the rule, which would require a marine life endorsement for commercial harvest. These additions are: porcupine fish, spotted burrfish, black brotula, key brotula, yellow stingray, blackbar soldierfish, red mithrax crab, emerald crab, red ridged clinging crab, the snail Lithopoma tectum, all hermit crabs (except land hermits), and nassarius snails. Misspellings in this section will also be corrected. A definition of fork length will be added for the measurement of tangs. The size limits of several fish species will be modified for commercial and recreational harvesters, including establishing maximum size limits for parrotfish and tangs, and widening the slot limit on butterflyfish. The recreational bag limit will be modified to allow no more than 5 of any one species within the 20 organism daily bag limit and create a 2-day possession limit for recreationally harvested organisms. The rule amendment would also establish a vessel maximum limit for dwarf seahorses and emerald crabs, and establish personal possession and vessel possession limits for zoanthid polyps, corallimorph polyps, and scarlet hermit crabs. The amendments will decrease the vessel maximum limit on condylactis anemones and add the snail Lithopoma tectum to the current star snail personal and vessel maximums. The rule would also establish a personal possession limit and vessel possession limit for butterflyfish instead of the current vessel maximum. Tools for the taking of corallimorph and zoanthid polyps will be specified for both recreational and commercial harvest in the amendments. Updates will also be made to existing commercial harvest restriction wording to make it more consistent with the endorsement program. The amendment would also allow the harvest of ornamental sponges north of Egmont Key in the Gulf of Mexico to be taken with a 1 inch amount of substrate beyond the holdfast and a 1 inch thick piece of substrate below the holdfast of the sponge. Taking ornamental sponges with substrate would not be allowed in waters south of Egmont Key. The amendment would modify the requalification criteria for the Marine Life Transferable Dive endorsement to allow live rock landings, because they were allowed for the initial qualification. The regulation regarding the use of quinaldine would be amended so it can only be used with the Marine Life Transferable Dive endorsement and the Marine Life Non-transferable Dive endorsement. Portions of the rule in Rules 68B-42.006 and 68B-42.009, F.A.C., are being removed because they are no longer necessary and outdated references to Marine Patrol and the Department of Environmental Protection will also be amended.
The effect of these rule amendments is that more species will be given greater resource protection. Newly-added species will have their potential commercial exploitation reduced by limiting their harvest to only those that possess a marine life endorsement and limit their recreational harvest. The addition of size and bag limits will further reduce their harvest by collectors. Amending the language governing the issuance of Special Activity Licenses will allow holders so permitted under the License to conduct the activities within the Florida Keys National Marine Sanctuary (FKNMS). This is in conjunction with a Memorandum of Understanding that is already in place between the FKNMS and the FWC. The definition of fork length will clarify this measurement technique for fishermen and law enforcement. In addition, specifying the allowable tools for the harvest of corallimorphs and zoanthids will reduce the amount of substrate removed in order to reduce impacts upon the surrounding habitat and aid the enforcement of this rule within the FKNMS. The specification of an allowable substrate amount for ornamental sponges North of Egmont Key will help protect the resource and clarify language for marine life harvesters and law enforcement. Changing the requalification criteria to include live rock sales will make it consistent with the original qualifying criteria. Restricting the use of quinaldine will ensure its use only by endorsement holders permitted to harvest by diving, which was the original intent of the rule. Removing outdated sections, correcting misspellings, and clarifying language regarding commercial harvest restrictions are intended to aid understanding and adherence to the rule chapter.

SUMMARY:

Rule 68B-42.001 F.A.C., (Purpose and Intent: Designation of Restricted Species; Definition of “Marine Life Species”) would be amended to add new species that would be regulated by this rule chapter and add language regarding the issuance of Special Activity Licenses. Rule 68B-42.002, F.A.C., (Definitions) would be amended to add a definition of fork length for fishes. Rule 68B-42.004, F.A.C., (Size Limits) would be amended to modify size limits for various marine life fish species. Rule 68B-42.005, F.A.C., (Bag Limit) would be amended to modify the recreational bag limit to allow only 5 of any one species within the 20 organism daily bag limit and create a 2-day possession limit for recreationally harvested organisms. In addition, it would also specify the allowable gears for taking zoanthids and corallimorph polyps recreationally as well as the amount of substrate that can be legally attached to ornamental sponges harvested from certain parts of the State. Rule 68B-42.006, F.A.C., (Commercial Season, Harvest Limits) would be amended to establish commercial bag and vessel limits for some species and modify some of the existing limits as well as specify the amount of substrate that can be legally attached to ornamental sponges harvested from certain areas of the State. In addition, it would also specify tools for the taking of certain species and modify vessel limits to make the wording more consistent with the endorsement program implemented in 2005. Rule 68B-42.0065, F.A.C., (Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability) would be amended to modify the requalification criteria for the Marine Life Transferable Dive Endorsement to allow live rock landings. Rule 68B-42.007 (Gear Specifications and Prohibited Gear) would be amended to limit the use of quinaldine to only the Marine Life Transferable Dive Endorsement and the Marine Life Non-transferable Dive Endorsement. Rule 68B-42.008, F.A.C., (Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception; Repeal of Section 370.114, Florida Statutes) would be amended to remove and update outdated references.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla.

PRINT PUBLISH DATE:

12/31/2008 Vol. 34/53

COMMENTS:

From 12/31/2008 To 1/21/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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