Cabinet Affairs

Item A Minutes

Submittal of September 10, 1996 minutes.

(See Attachment A, Pages 1-2)

RECOMMEND: APPROVAL

Item B Gear Specifications and Prohibited Gear: Cast Nets and Rebreathers

Rule Chapter 46-4

Consideration of proposed amendments for Rule Chapter 46-4, F.A.C., relating to specifications and prohibitions for cast nets and rebreathing gear.

PURPOSE AND EFFECT: The purpose of these rule amendments is two-fold: to provide cast net specifications meeting the limitations of Article X, Section 16 of the State Constitution and to prohibit the use of rebreather technology by divers harvesting marine species instate waters. Cast nets are classified in the constitutional provision as nonentangling nets subject to the 500 square feet of mesh area limitation applicable in nearshore and inshore Florida waters. A cast net with a radius of 12 feet 7 inches approximates 500 square feet of mesh area and these rule amendments limit such nets to this size. A maximum of two cast nets are allowed to be fished from a vessel at any time.

Rebreathers are a new form of underwater breathing apparatus that allow divers to approach marine organisms without disturbing or alarming them. The potential for overharvest of marine resources through the use of this technology moved the federal South Atlantic Fishery Management Council to prohibit the use of rebreathers in the snapper-grouper fishery in waters adjacent to Florida. The proposed rule amendment to an existing rule governing the use of powerheads by divers will assure that rebreathers are used for nonconsumptive uses only in state waters.

The effect of these rule amendments will be to inform harvesters of marine species in Florida waters of the allowable uses for these two forms of gear.

SUMMARY: Rule 46-4.002, F.A.C., is amended to add new definitions of the terms "entangling net", "mesh area", and "rebreather" for purposes of Title 46 of the Florida Administrative Code. The term "gill net" is amended to conform to the definition of the term in Article X, Section 16 of the State Constitution and to exclude cast nets from definition of the term. Rule 46-4.0025, F.A.C., is amended to add new definitions of the terms "coastline", "Florida waters", and "nearshore and inshore Florida waters."

Rule 46-4.0081, F.A.C., is amended to add a new subsection (4) to specify a maximum radius of 12 feet 7 inches for cast nets used in nearshore and inshore Florida waters, and limit the use of such nets from a single vessel to two at any time. Rule 46-4.012, F.A.C., is amended to add a second subsection to prohibit the use of rebreathers to harvest any marine species in state waters, prohibit the possession of any fish that has been harvested through the use of a rebreather, and to define the term "harvest" for purposes of the rule.

Notice of proposed rulemaking was published in the September 6, 1996 issue of the Florida Administrative Weekly. A public rulemaking hearing was held by the Commission on October 9, 1996, in Islamorada, Florida. Notice of the changes made to the rules at Board of Trustees Agenda the hearing and 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 1-27)

RECOMMEND: APPROVAL

Item C King Mackerel: Gulf-Atlantic Fishery Commercial Vessel Limits

Rule 46-12.0046

Consideration of proposed amendment of Rule 46-12.0046, F.A.C., relating to commercial daily vessel limits in the Gulf-Atlantic (Gulf Group) king mackerel fishery.

PURPOSE AND EFFECT: At their July, 1996 meeting, the Gulf of Mexico Fishery Management Council reviewed king mackerel stock assessments. Information presented to the Council indicated that while Gulf Group king mackerel are not considered to be overfished, they have still not achieved their goal of 30% spawning potential ratio (SPR). Although the spawning stock is growing, it is not growing as fast as it had been in the past, and recently there have been increases in fishing mortality. Evidence suggests, however, that the excessive fishing mortality has been caused by both recreational and commercial catches exceeding the total allowable catch (TAC).

Rather than decrease the TAC, the Council voted to address the problems associated with each sector of the fishery in a different manner. For the commercial sector, the council decided to address commercial trip limits by expressing the allowable quantities of fish to be caught in terms of pounds as opposed to numbers of fish. This change in regulation will help stop the practice of fishers culling smaller fish in favor of larger. In Southeast Florida where fishers did not catch their commercial quota last year, the Council also voted a raise in allowable commercial limits.

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 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 Gulf Council, while providing for greater protection for king mackerel in state waters of the Gulf of Mexico. The effect will be to ease the burden of regulation on Florida's fishers, provide for the enhancement of fisheries enforcement, and help to achieve a healthy spawning potential ratio for king mackerel.

SUMMARY: Subsection (2) of Rule 46-12.0046, F.A.C., is amended to conform language to proposed changes within this rule. In subsection (3) of Rule 46-12.0046, F.A.C., commercial vessel limits are increased, and the quantity of allowable catch is expressed in terms of pounds rather than the number of fish caught. Subsection (4) of the same rule, is also changed so that the quantity of allowable catch is expressed in terms of pounds rather than the number of fish caught.

Notice of proposed rulemaking was published in the September 6, 1996 issue of the Florida Administrative Weekly. A public hearing on this proposed rule amendment was neither requested nor held. Notice of this meeting of the Board of Trustees was published in Board of Trustees Agenda the November 22, 1996 issue of the F.A.W.

(See Attachment C, Pages 1-18)

RECOMMEND: APPROVAL

Item D King Mackerel: Atlantic Fishery Commercial Harvest Limits

Rule 46-30.003

Consideration of proposed amendment of Rule 46-30.003, F.A.C., relating to commercial harvest limits for Atlantic Fishery king mackerel.

PURPOSE AND EFFECT: As of September 23, 1996, new federal regulations became effective establishing commercial vessel harvest limits for the Atlantic migratory group of king mackerel. This fishery management plan was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils. The Councils sought to achieve several goals in initiating these new limits. Specifically, they intended to: prevent user groups from exceeding their traditional portion of the federal quota; limit harvest during the spawning period, and, thus protect the stock from recruitment overfishing and help in rebuilding it to the level capable of meeting the long-term optimum yield target established in the fishery management plan; and finally, to minimize gear and user group conflicts resulting from possible effort shifts by fishermen displaced from other fisheries.

In Section 370.025(2)(h), Florida Statutes, the Legislature has declared that as part of the policy and standards of the Florida 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 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 Gulf of Mexico and South Atlantic Fishery Management Councils, while providing for greater protection for king mackerel in state waters of the Atlantic fishery. The effect will be to ease the burden of regulation on Florida's fishers by maintaining consistency in rules, and further help to preclude an early closure of the commercial fishery while protecting king mackerel from overfishing and maintaining a healthy abundance of stock in this resource.

SUMMARY: The title to Rule 46-30.003, F.A.C., is changed to include commercial harvest limits and gear specifications. Subsection (1) of the rule is amended to specify seasonal commercial daily vessel harvest limits for Florida state waters extending from Nassau through Monroe County. Subsection (3) is amended to delete the prima facie construct and to flatly assert that it is a violation of this rule to possess king mackerel in excess of the bag limits established in this rule. Finally, language is shifted from subsection (1) of the Rule, and a new subsection (4) is created to reassert that no other gear than hook and line, shall be used in the Atlantic king mackerel fishery.

Notice of intent to adopt a rule substantially identical to federal regulations was published in the November 1, 1996 issue of the Florida Administrative Weekly. Pursuant to Section 120.54(6), Florida Statutes, such rules may be adopted if no person files an objection. No such objection was received and no public rulemaking Board of Trustees Agenda hearing was held. Notice of this meeting of the Board of Trustees was published in the November 22, 1996 issue of the F.A.W.

(See Attachment D, Pages 1-11)

RECOMMEND: APPROVAL

Item E Flounder and Sheepshead

Rules 46-48.003 and 46-48.004

Consideration of proposed amendments to Rules 46-48.003 and 46-48.004, F.A.C., relating to sheepshead bag limits and allowable gear.

PURPOSE AND EFFECT: On January 1, 1996, new regulations approved by the Marine Fisheries Commission took effect which established a management plan for the protection of the sheepshead fishery. Prior to adopting these new rules it was determined that this species could be overfished should proactive management not be initiated. The Commission's intent, therefore, was to conserve this species and avoid future crisis management, while promoting the fishery's economic growth and maintaining availability to anglers. A twelve inch minimum size limit was selected to protect sexually immature smaller sheepshead and to allow each fish an opportunity to reproduce and contribute to the stock. Although anglers and fishing organizations throughout the state testified to the Commission that a five fish bag limit was sufficient, the Commission selected a ten sheepshead bag limit as a reasonable upper cap for recreational harvest.

Subsequent to the establishment of this new rule chapter the Commission received numerous calls and letters from anglers, primarily from the Orlando area, who objected to the new regulations. Many of these anglers did not believe that sheepshead had declined in size and abundance, while several others expressed the belief that stocks would increase as the effects of Article X, Section 16 of the Florida Constitution were realized. In response to these citizens concerns, the Commission conducted a workshop in Orlando and had an analysis prepared on the effect of a change to the established size and bag limits on sheepshead stocks. Research indicated that the adoption of a 15 fish bag limit would not negatively affect the goals of the management plan. Accordingly, the primary purpose of these rule amendments is to thus implement this 15 fish bag limit.

Secondarily, another proposed change removes the prohibition against harvesting greater than the recreational bag limit for commercial spearfishing of sheepshead. It is believed that this modification to the rule will not adversely affect the resource, given the small commercial spearfishing contribution to the total commercial harvest of sheepshead.

The effect of this rulemaking will be to allow recreational anglers greater access to sheepshead stocks while ensuring the continued abundance of the species, and to lessen restrictions on the commercial spearfishing of sheepshead.

SUMMARY: Paragraph (b) of subsection (2) of rule 46-48.003, has been changed to raise the recreational bag limit for sheepshead from 10 to 15. In paragraph (b) of subsection (2) of rule 46-48.004, the prohibition against commercially spearfishing greater than the recreational bag limit for sheepshead has been eliminated. Finally in paragraph (c) of the same rule, a typographical error is corrected, in order to clarify that paragraph (b) of this rule does not apply to persons fulfilling the requirements of paragraph (c).

Notice of proposed rulemaking was published in the July 5, 1996 Board of Trustees Agenda issue of the Florida Administrative Weekly. A public rulemaking hearing was held by the Commission on August 5, 1996, in Cocoa Beach, Florida. No changes were made to the rules as proposed. Notice of this meeting of the Board of Trustees was published in the August 30, 1996 issue of the F.A.W.

(See Attachment E, Pages 1-15)

RECOMMEND: APPROVAL

Item F Shad and River Herring

Rule 46-52.001

Consideration of proposed new Rule 46-52.001, relating to shad and river herring.

PURPOSE AND EFFECT: At it's August regular public meeting, the Marine Fisheries Commission (MFC) was presented with a report and options paper regarding the current status of the shad fishery. Information submitted to the Commission indicated that shad has suffered a general decline in both recreational and commercial landings along the Atlantic coast. Public comment at two workshops held by MFC staff and attended by two MFC Commissioners, also reflected a general consensus on the fishery's decline. Members of the public agreed, however, that the prohibition on the use of gill or entangling nets, recently enacted in Article X, Section 16, of the Florida Constitution, should bring an increase in shad abundance.

Statewide shad regulations are presently contained within Section 370.11(3), Florida Statutes. This section establishes gear specifications and closed seasons for the harvest of shad. Two local laws have also regulated the shad fishery in Nassau County, and the shad and river herring fishery in Putnam County. Since the implementation of Article X's provisions, however, much of these regulations are now void.

Based on these factors, the Commission decided to effect the repeal of Section 370.11(3), Florida Statutes and repeal the two local laws as they pertain to the taking of shad and river herring. Considering that the limitations contained within the Constitution should soon be realized within what was previously an almost exclusive gill and entangling net commercial fishery, the Commission incorporated essential elements of these regulations into a proposed new rule. Proposed new Rule Chapter 46-52, provides for the use of hook and line gear for certain river herring and shad species, and establishes an aggregate daily bag and possession limit for the taking of American and hickory shad.

The purpose of creating this new rule chapter is to continue the protection of the shad and river herring fisheries. The effect will be to maintain the continuing health and abundance of these species.

SUMMARY: Subsection (1) of proposed new rule 46-52.001, provides for the repeal of Section 370.11(3), Florida Statutes and the repeal of Chapter 21417 Laws of Florida (1941), and Chapter 29466 Laws of Florida (1953), as it pertains to specified species of shad and river herring. Subsection (2) of the same rule provides gear specifications, while subsection (3) establishes an aggregate daily bag and possession limit for American, Alabama, and hickory shad. Finally, in subsection (4) of this proposed new rule, applicable definitions are provided.

Notice of proposed rulemaking was published in the September 6, 1996 issue of the Florida Administrative Weekly. A public rulemaking hearing was held by the Commission on October 7, 1996, in Islamorada, Florida. Notice of changes made at the public Board of Trustees Agenda hearing was published in the November 27, 1996 issue of the F.A.W. Notice of this meeting of the Board of Trustees was published in the October 25, 1996 issue.

(See Attachment F, Pages 1-20)

RECOMMEND: APPROVAL