Cabinet
Affairs |
AGENDA
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND
NOVEMBER 7, 1996
MARINE FISHERIES COMMISSION
(Contact: Charles L. Shelfer, 487-0554)
Item A Minutes
Submittal of June 25 and July 9, 1996 minutes.
(See Attachment A, Pages 1-3)
RECOMMEND: APPROVAL
Item B Reef Fish Commercial Harvest Rule 46-14.005
Consideration of proposed amendment of Rule 46-14.005, F.A.C.,
relating to permits required for the commercial harvest of reef
fish (excluding red snapper).
PURPOSE AND EFFECT: In October, 1993, requirements for the harvest
and sale of reef fish (except red snapper) for commercial purposes
in state waters of the Gulf of Mexico were amended to delay the
need to possess a federal Gulf of Mexico reef fish permit during a
federally imposed moratorium on the issuance of such permits. That
moratorium was to be lifted by May, 1995, and then, after another
amendment, by January 1, 1996. Recently the moratorium was again
extended until December 31, 2000. The purpose of this amendment of
subsection (1) of Rule 46-14.0045, F.A.C., is to continue current
provisions, which allow commercial harvesters of reef fish in state
waters of the Gulf of Mexico to have either the federal Gulf permit
or the federal South Atlantic snapper-grouper permit until January
1, 1998. The effect of this rule amendment will be to allow
commercial harvesters of reef fish species in state waters of the
Gulf of Mexico, particularly those who harvest in the Atlantic and
Gulf waters around the Florida Keys, to continue such harvest.
SUMMARY: Subsection (1) of Rule 46-14.0045, F.A.C., is amended to
delay requirement of a Gulf of Mexico reef fish permit for those
commercially harvesting and selling reef fish species (except red
snapper) from state waters of the Gulf of Mexico until January 1,
1998.
Notice of proposed rulemaking was published in the September 6,
1996 issue of the Florida Administrative Weekly. A public
rulemaking hearing was neither requested nor held on the rule item.
Notice of this meeting of the Board of Trustees was published in
the October 25, 1996 issue of the F.A.W.
(See Attachment B, Pages 1-11)
RECOMMEND: APPROVAL
Item C Deletion of Aquaculture Provisions Rule Chapter 46-17
Rule 46-24.0055
Rules 46-27.013
and 46-27.021
Consideration of proposed rule repeals and amendments to Commission
rules relating to hard clams, spiny lobster, and oysters, to delete
regulations affecting aquaculture.
PURPOSE AND EFFECT: Chapter 96-247, Laws of Florida, passed by the
1996 Legislature, exempts marine aquaculture products produced by
a marine aquaculture producer from resource management rules
Board of Trustees Agenda
Marine Fisheries Commission
November 7, 1996
Page Two
adopted by the Marine Fisheries Commission. The purpose of these
rule amendments and rule repeals is to delete from the Commission's
rules governing hard clams, spiny lobster, and oysters, any
reference to or regulation of these species as produced through
aquaculture. The effect of this rulemaking will be to limit the
applicability of these rule chapters to the feral or wild species.
SUMMARY: Rule 46-17.002, F.A.C., is amended to delete definitions
of the terms "cultured hard clam", "licensed or lawfully allowed
aquaculture operation", and "wild hard clam" and to amend the
definition of the term "hard clam" to only include wild hard clams.
Rule 46-17.003, F.A.C., is amended to delete a reference to a rule
being repealed and to delete language to conform the rule with
changes made to the chapter's definition rule.
Rule 46-17.0031, F.A.C., which established regulations for
hard clam aquaculture operations, is repealed. Rule 46-17.005,
F.A.C., is amended to delete language to conform the rule with
changes made to the chapter's definition rule and to delete a
subsection limiting certain of the rule's provisions to only wild
clam harvest.
Rule 46-24.0055, F.A.C., which allowed the exportation of
spiny lobster by a licensed or lawfully allowed mariculture
operation from Florida during the closed season under specified
conditions, is repealed.
Rule 46-27.013, F.A.C., is amended to provide a new definition
of the term "oyster". Rule 46-27.021, F.A.C., which established
regulations for oyster aquaculture operations, is repealed.
Notices of proposed ruelmaking were published in the September 6,
1996 issue of the Florida Administrative Weekly. A public hearing
was neither requested nor held on this rule item. Notice of this
meeting of the Board of Trustees was provided to those regularly
receiving MFC Board of Trustees agendas.
(See Attachment C, Pages 1-27)
RECOMMEND: APPROVAL
Item D East Coast Region Spanish Mackerel Rule 46-23.004
Consideration of proposed amendment of Rule 46-23.004, F.A.C.,
relating to commercial Spanish mackerel harvest in the East Coast
Region of Florida.
PURPOSE AND EFFECT: The South Atlantic Fishery Management Council
is modifying and simplifying their Spanish mackerel regulations.
This is an attempt to assist commercial fishermen who failed during
the 1995 - 1996 season to catch their quota in this fishery, due to
the prohibition against the use of gill and other entangling nets
in state waters, contained in Article X, Section 16, of Florida's
Constitution. Proposed amendments include beginning the Monday,
Wednesday & Friday unlimited harvest on November 1, rather than
December 1, of each year to allow for greater seasonal fishing
effort, and otherwise maintaining a 1,500 pound per vessel, per
day, harvest limit to simplify the rule for both the public and
enforcement officials.
In Section 370.025(2)(h), Florida Statutes, the Legislature
has declared that as part of the policy and standards of the Marine
Fisheries Commission, federal fishery management plans should be
considered, and inconsistencies between regulations should be
avoided unless otherwise determined to be in the best interests of
the citizens of the State of Florida. Accordingly, the Commission
in its decision making process gives great weight to regulatory
changes effected by the federal councils, and attempts are made at
Board of Trustees Agenda
Marine Fisheries Commission
November 7, 1996
Page Three
all times pertinent, to maintain consistency with federal rules.
The purpose of these proposed amendments is to conform
Florida's fishery regulations with changes made by the South
Atlantic Council, while still providing protection for Spanish
mackerel in state waters of the Atlantic Ocean. The effect will be
to ease the burden of regulation on Florida's fishermen by
maintaining consistency between federal and state rules, provide
for the enhancement of fisheries enforcement, and help maintain the
overall health and abundance of this fishery.
SUMMARY: Amendments are proposed to paragraph (a) of subsection
(1) of Rule 46-23.004, F.A.C., which change allowable limits so
that as of April 1, of each year (the season opening date), no
person harvesting Spanish mackerel for commercial purposes shall
harvest of land from a single vessel more than 1,500 pounds of
Spanish mackerel per day. The unlimited harvest of Spanish
mackerel is allowed on Mondays, Wednesdays, and Fridays beginning
November 1, each year until such time as the unlimited harvest in
adjacent federal waters is closed. Thereafter, until the close of
the season, no commercial harvester is allowed to harvest or land
from a single vessel more than 1,500 pounds of Spanish mackerel per
day.
Notice of proposed rulemaking was published in the September 6,
1996 issue of the Florida Administrative Weekly. A public
rulemaking hearing was neither requested nor held on this rule
item. Notice of this meeting of the Board of Trustees was
published in the October 25, 1996 issue of the F.A.W.
(See Attachment D, Pages 1-14)
RECOMMEND: APPROVAL
Item E Tarpon Tags Rule 46-32.003
Consideration of proposed amendment of Rule 46-32.003, F.A.C.,
relating to tarpon tags.
PURPOSE AND EFFECT: The primary purpose of this proposed rule
amendment is to set the total number of tarpon tags to be issued by
the Florida Game and Fresh Water Fish Commission in calendar year
1997 and also to establish the portion of those tags reserved for
professional fishing guides for subsequent transfer to their
customers, as required by Section 370.062, Florida Statutes. This
law was amended in the 1996 Legislature to shift issuance authority
to the Florida Game and Fresh Water Fish Commission from the DEP
and to change the effectiveness of the tags to a license year basis
(July 1 - June 30), rather than calendar year. Unfortunately, the
Commission's mandate to set total tag numbers for a calendar year
was not changed. This rule amendment sets the total number of
tarpon tags to be issued during 1997, but splits the total into two
six-month parts to allow for license year issuance. The total
number of tags thus authorized to be issued during 1997 will
continue to be 2,500, 1,250 of which will be for professional
fishing guides for subsequent transfer to their customers. Half of
those totals will be allowed in each six-month period of 1997. The
continuing effect of the law and this rule will be to promote
catch-and-release conservation practices and provide funding for
tarpon research.
SUMMARY: Rule 46-32.003, F.A.C., is amended to limit the total
number of tarpon tags to be issued by the Florida Game and Fresh
Water Fish Commission in calendar year 1997 to 2,500, 1,250 of
which will be for professional fishing guides for subsequent
Board of Trustees Agenda
Marine Fisheries Commission
November 7, 1996
Page Four
transfer to their customers. These totals are split equally into
two six-month parts to coincide with the transition to license year
issuance of tarpon tags.
Notice of proposed rulemaking was published in the September 6,
1996 issue of the Florida Administrative Weekly. A public
rulemaking hearing was neither requested nor held on this rule
item. Notice of this meeting of the Board of Trustees was provided
to those regularly receiving MFC Board of Trustees agendas.
(See Attachment E, Pages 1-8)
RECOMMEND: APPROVAL
Item F Emergency Mullet Rule: 46ER96-4
Allowable Gear, Seasons.
Consideration of an emergency rule, 46ER96-4, relating to the gear
that may be used to harvest mullet and closed seasons.
Purpose and Effect: Scientific studies indicate that mullet stocks
in Florida continue at depressed levels below the Marine Fisheries
Commission's expressed goal of a 35% Spawning Potential Ratio
(SPR). Recovery of the stock to that level was projected to occur
in 7 to 9 years under regulations in place prior to adoption of
Article X, Section 16 of the State Constitution, which prohibited
the use of gill and entangling nets in state waters. The
constitutional provision is estimated to shorten the time of
recovery to a 3 to 5 year time frame, assuming growth of a
commercial cast net and small haul seine mullet fishery.
The Marine Fisheries Commission has received information
regarding increased experimentation with tarpaulin material in
conjunction with the 500 square feet of mesh area allowed by the
constitutional provision. Solid tarpaulin material is not
considered to constitute "net" or "netting" subject to the
constitutional limitation. Widespread use of "tarp nets" during
the 1996-97 roe mullet season and beyond could allow the harvest of
mullet at levels that would delay or even threaten altogether the
projected recovery of the Florida mullet resource. The damaging
effects of plastic tarp material being dragged over sensitive water
bottoms and to marine life if lost or discarded is incalculable but
potentially serious.
In response to this situation, the Marine Fisheries Commission
fashioned permanent rule amendments, a rule repeal, and a new rule
to specify allowable gear for mullet, shortening weekend commercial
closures during roe season, and eliminating a 10-day late December
closure. The allowable gear included beach or haul seines of 500
square feet of total area, i.e., mesh area plus any other material
adding to the fishing surface of the net, thereby limiting the
impact of any tarpaulin used. To foster the viability of a cast
net and small seine commercial fishery for mullet, weekend closures
for commercial harvest were shortened by 8 hours during roe season,
and the 10-day late December closure for all mullet harvest was
eliminated.
These rules were challenged on August 30, 1996, in the case of
Moore and Langston v. Marine Fisheries Commission, D.O.A.H. Case
No. 96-4173RP. The challenge is scheduled for hearing in December,
well after the beginning of roe mullet season, which continues
until the end of January. If no immediate action is taken, very
valuable roe mullet in large quantities will be taken by tarpaulin
gears that can potentially be of any size, threatening the recovery
of the mullet resource. To allow this state of affairs to
materialize would place the Commission in the position of failing
to follow the rulemaking standards that are mandated by the Board
of Trustees Agenda
Marine Fisheries Commission
November 7, 1996
Page Five
Legislature.
The continuing health and abundance of the mullet resource in
Florida is jeopardized if tarpaulin gear of unregulated size and
access is used during the imminent roe mullet season. With this
resource in a depressed, recovering condition, "reasonable means
and quantities of annual harvest" cannot safely be considered to
include introduction of an imponderable new unregulated gear.
Development of a cast net and small seine mullet fishery does not
pose such a threat to the resource and can be encouraged consistent
with the standard.
The Florida Marine Fisheries Commission has found that there
is an immediate danger to the public welfare if immediate action is
not taken to specify allowable gear for the harvest of mullet in
such a way as to exclude large-scale tarpaulin gear. In order that
this action be the least restrictive means to alleviate the threat
to the mullet resource while still allowing reasonable means and
quantities of mullet harvest, it is appropriate that this action
include a redefinition of the term "weekend" to narrow the weekend
closure to commercial mullet harvest applicable during the
impending roe mullet season for those commercially harvesting
mullet with small-scale cast nets and seine gear and to suspend the
scheduled closure for all mullet harvest beginning in late
December. Regular rulemaking to alleviate these conditions has
been initiated and will be continued upon successful resolution of
the outstanding rule challenge proceeding in the Division of
Administrative Hearings.
SUMMARY: Subsection (1) of Emergency Rule 46ER96-4 prohibits the
use of any gear to harvest mullet other than cast net with a radius
no greater than 12 feet, 7 inches, beach or haul seine with a total
area (including net mesh and other attached material) no larger
than 500 square feet, hook and line gear, and a gig. Subsection
(2) redefines the term "weekend" for purposes of Rule Chapter 46-
39, F.A.C. Subsection (3) suspends the 10-day closure of all
mullet harvest that begins in late December.
On August 30, 1996, an administrative rule challenge was filed
against proposed permanent rules to address problems in the mullet
fishery, Moore and Langston v. Marine Fisheries Commission,
D.O.A.H. Case No. 96-4173RP. The filing of the challenge forced
the withdrawal of the rules from consideration by the Board of
Trustees of the Internal Improvement Trust Fund on its September
10, 1996 agenda. On September 27, 1996, Dr. Russell Nelson relayed
a request from Commissioner Don Hansen to Chairman Robert Q.
Marston that the Commission consider emergency action to implement
the allowable gear provisions of the rules under challenge. The
Chairman agreed to add mullet as an emergency item to the agenda of
the Marine Fisheries Commission on the first day of its regular
meeting on October 7, 1996, in Islamorada, Florida. On September
30, 1996, this fact was announced in a press release sent by
facsimile transmission to 17 newspapers throughout the State of
Florida, and posted at the Florida Press Center in Tallahassee.
On October 7, 1996, the Marine Fisheries Commission met in
Islamorada to discuss the circumstances in Florida's mullet
fishery. After after taking public testimony from interested
persons in attendance and discussion of the issues detailed above,
the Commission determined that an emergency exists with respect to
tarpaulin gears used to harvest mullet. As at all regular meetings
of the Commission, representatives of the electronic and print
media, as well as statewide organizations interested in Commission
activities were present. The Commission approved the wording of
this emergency rule, 46ER96-4, on October 7, 1996, announced that
the rule would be taken to the Board of Trustees for approval on
November 7, 1996.
(See Attachment F, Pages 1-7)
Board of Trustees Agenda
Marine Fisheries Commission
November 7, 1996
Page Six
RECOMMEND: APPROVAL
