Item A Minutes

Submittal of October 13 and November 24, 1998 and January 26, 1999 minutes.

(See Attachment A, Pages 1-6)

RECOMMEND: APPROVAL

Item B Trap Specifications: Stone Crabs, Rules 46-13.002

Black Sea Bass, Blue Crabs 46-14.005

46-45.001

46-45.004

Consideration of proposed amendments to Rules 46-13.002, 46-14.005, 46-45.001, and 46-45.004, F.A.C., relating to specifications for traps used in the stone c`rab, black sea bass, and blue crab fisheries.

PURPOSE AND EFFECT: The purpose of these rule amendments is to specify further means by which trappers in the stone crab, black sea bass, and blue crab fisheries can render their traps degradable. Additionally, identification requirements for blue crab traps are being clarified by eliminating a conflicting provision of Florida Statutes. Degradability is necessary to make sure that traps that are lost will not continue to fish indefinitely. The effect of this rulemaking will be the uniform identification of all traps and the biological benefit from trap degradability.

SUMMARY: Sub-subparagraph (2)(a)5.b.(II) of Rule 46-13.002, F.A.C., is amended to replace the corrodible steel wire hook degradability method with an allowance for the use of a corrodible wire loop on one end of a tie down strap on a wire stone crab trap. A new sub-subparagraph (2)(a)5.b.(III) is added to authorize the use of a pine dowel of specified size on a tie down strap as a means of rendering wire stone crab traps degradable. Previous sub-subparagraph (2)(a)5.b.(V) is redesignated as sub-subparagraph (2)(a)5.b.(VI) and is amended to add a statement of how the wire obstruction method will result in degradability if used. A new sub-subparagraph (2)(a)5.b.(VII) is added to the provision to allow specified attachment of a drop-off panel over an opening 6-by-3 inches a in size by means of 24-gauge or thinner noncoated wire or a single strand of untreated jute twine, as an allowable means of degradability.

Subparagraph (4)(a)2. of Rule 46-14.005, F.A.C., is amended to replace the corrodible steel wire hook degradability method with an allowance for the use of a corrodible wire loop on one end of a tie down strap on a black sea bass trap. A new subparagraph (4)(a)3. is added to authorize the use of a pine dowel of specified size on a tie down strap as a means of rendering black sea bass traps degradable. Previous subparagraph (4)(a)5. is redesignated as subparagraph (4)(a)6. and is amended to add a statement of how the wire obstruction method will result in degradability if used. A new subparagraph (4)(a)7. is added to the provision to allow specified attachment of a drop-off panel over an opening 6-by-3 inches in size by means of 24-gauge or thinner noncoated wire or a single strand of untreated jute twine, as an allowable means of degradability.

Subsection (2) of Rule 46-45.001, F.A.C., is amended to delete obsolete language effecting the repeal of statutory provisions that

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have since been removed from Florida Statutes and to effect the repeal of a sentence of Section 370.135(1), Florida Statutes, that conflicts with blue crab trap buoy marking requirements of the Marine Fisheries Commission. Subparagraph (1)(a)3. of Rule 46-45.004, F.A.C., is amended to clearly require that all commercial blue crab traps be permanently marked with the harvester's endorsement number. Paragraph (7)(b) of the same rule is amended to replace the corrodible steel wire hook degradability method with an allowance for the use of a corrodible wire loop on one end of a tie down strap. A new paragraph (7)(c) of the rule is added to authorize the use of a pine dowel of specified size on a tie down strap as a means of rendering blue crab traps degradable. Previous paragraph (7)(e) is redesignated as paragraph (7)(e) and is amended to add a statement of how the wire obstruction method will result in degradability if used. A new paragraph (7)(g) is added to the subsection to allow specified attachment of a drop-off panel over an opening 6-by-3 inches in size by means of 24-gauge or thinner noncoated wire or a single strand of untreated jute twine, as an allowable means of degradability.

Notices of rule development were published in the January 15, 1999 issue of the Florida Administrative Weekly. Notices of proposed rulemaking were published in the January 22, 1999 issue. No public rulemaking hearing was requested nor held by the Commission on these proposed rule amendments. Notice of this meeting of the Board of Trustees was published in the March 19, 1999 issue of the F.A.W.

(See Attachment B, Pages 1-64)

RECOMMEND: APPROVAL

Item C Spanish Mackerel Size Limit Rules 46-23.0035

46-23.006

Consideration of proposed amendment to Rule 46-23.006, F.A.C., and new Rule 46-23.0035, relating to the minimum size limit for Spanish mackerel.

PURPOSE AND EFFECT: Spanish mackerel harvested in Florida were traditionally governed by a 12-inch minimum size limit imposed by Florida Statutes, which applied to all "mackerel". When a new 20-inch size limit was adopted by the Marine Fisheries Commission several years ago for king mackerel, the Commission necessarily had to effect the repeal of the statutory size limit. The purpose of this rulemaking is to reimpose the 12-inch minimum size limit for Spanish mackerel. The effect will be to protect juvenile Spanish mackerel until they can spawn and be harvested at larger sizes.

SUMMARY: Subsection (1) of proposed new Rule 46-23.0035 establishes a minimum 12-inch fork length for the harvest and possession and landing of Spanish mackerel in and from all Florida waters, and defines the measurement of fork length as beginning from the tip of the snout to the rear center edge of the tail. Subsection (2) of the proposed new rule presents language moved from existing subsection (3) of Rule 46-23.006, F.A.C., which requires Spanish mackerel to be landed in a whole condition and to be maintained in a whole condition if harvested from a pier, bridge, or jetty. Rule 46-23.006, F.A.C., is amended to delete subsection (3).

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. No public rulemaking hearing was requested nor held by the Commission on

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these proposed rule amendments and new rule. Notice of this meeting of the Board of Trustees was published in the March 19, 1999 issue of the F.A.W.

(See Attachment C, Pages 1-13)

RECOMMEND: APPROVAL

Item D Spiny Lobster Recreational Traps Rule 46-24.006

Consideration of proposed amendment of Rule 46-24.006, F.A.C., relating to deletion of references to recreational lobster traps.

PURPOSE AND EFFECT: Several years ago, the Florida Legislature established a trap reduction program for the spiny lobster commercial fishery, which is primarily located in the Florida Keys. As part of that program, the Legislature eliminated the use of traps as recreational gear. Recreational harvesters primarily harvest these animals by hand while diving. Nonetheless, several references to "recreational traps" still exist in Rule 46-24.006, F.A.C.. The purpose of this rule amendment is to eliminate these references from the rule. The effect will be to conform the rule to current Florida Statutes.

SUMMARY: References to the recreational harvest of spiny lobster with traps have been removed from subsections (4), (5), and (7) of Rule 46-24.006, F.A.C.

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. No public rulemaking hearing was requested nor held by the Commission on these proposed rule amendments and new rule. Notice of this meeting of the Board of Trustees was published in the March 19, 1999 issue of the F.A.W.

(See Attachment D, Pages 1-14)

RECOMMEND: APPROVAL

Item E Apalachicola Bay Oyster Seasons Rules 46-27.014

46-27.017

Consideration of proposed amendments to Rules 46-27.014 and 46-27.017, F.A.C., relating to allowable harvesting days for commercial oyster harvest during the summer season and the commercial vessel possession limit during the winter season in Apalachicola Bay.

PURPOSE AND EFFECT: The purpose of this rule development effort is to make slight adjustments in the commercial oyster harvesting regime effective in Apalachicola Bay. An additional day each week will be allowed for such harvest during the summer season and the vessel possession limit applicable during the winter season will be increased. The effect will be to relax regulations on commercial oyster harvesters slightly to allow them to take advantage of a healthy and abundant annually renewable resource.

SUMMARY: A new paragraph (b) is added to subsection (1) of Rule 46-27.014, F.A.C., to expand the vessel possession limit for commercial oyster harvesting in Apalachicola Bay, to 20 bags of oysters times the number of commercial harvesters aboard the vessel

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from October 1 each year through June 30 of the following year. After June 30, possession aboard a vessel reverts to the existing limit of no more than 20 bags of oysters per vessel. In subsection (2) of the rule, language is added that was removed from subsection (4), which language prohibits possession of more than 2 bags of oysters aboard a vessel by a recreational harvester. That language is deleted from subsection (4) and additional subsections are renumbered.

Subsection (1) of Rule 46-27.017, F.A.C., is amended to reduce the number of days during which commercial oyster harvest is prohibited from July through September each year from 3 days (Friday, Saturday, and Sunday), to 2 days (Friday and Saturday).

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. A public rulemaking hearing was held by the Commission on February 23, 1999, in Tampa, Florida. Notice of changes made at that hearing and of this meeting of the Board of Trustees was published in the March 19, 1999 issue of the F.A.W.

(See Attachment E, Pages 1-22)

RECOMMEND: APPROVAL

Item F Gear Specifications and Allowable Rule 46-4.002

Gear: Definition of "Cast Net"

Consideration of proposed amendment of Rule 46-4.002(1), F.A.C., relating to the definition of the term "cast net."

PURPOSE AND EFFECT: The current definition of the term "cast net" in the Marine Fisheries Commission rule chapter governing gear specifications and prohibited gear describes that net as being "cone-shaped". While a cast net is cone-shaped when held at the center, once it is thrown and when it hits the water and begins to fish, it is more accurately described as "circular" in shape. The purpose of this rule amendment is to make this minor adjustment to the definition of the term "cast net". The effect will be to bring the definition in line with general understanding of the shape of the gear and coincide with MFC specifications for cast nets, which establish a maximum radius.

SUMMARY: Subsection (1) of Rule 46-4.002, F.A.C., is amended to delete the word "cone-shaped" from the definition of the term "cast net" and insert in its place the word "circular."

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. A public rulemaking hearing was requested and held by the Commission on February 23, 1999, in Tampa, Florida. No changes were made to the rule amendment as proposed. Notice of this meeting of the Board of Trustees was published in the March 19, 1999 issue of the F.A.W.

(See Attachment F, Pages 1-13)

RECOMMEND: APPROVAL

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Item G Shrimp Allowable Gear: Skimmer Rules 46-31.006

Trawls in Apalachicola Bay 46-31.010

Consideration of proposed rule amendments for Rules 46-31.006 and 46-31.010, F.A.C., relating to the use of skimmer trawls in food shrimp production in Apalachicola Bay.

PURPOSE AND EFFECT: The purpose of these rule amendments is to allow on a time and area limited basis the use of skimmer trawls for food shrimp production in Apalachicola Bay. The effect will be to give shrimp harvesters in the bay an opportunity to develop another gear type that can be efficiently used to harvest this annually renewable species.

SUMMARY: A new subsection (20) is inserted into Rule 46-31.006, F.A.C., to include in this definition section a new definition of the term "skimmer trawl" for purposes of Rule Chapter 46-31, F.A.C. The remaining subsections of the Rule are renumbered. A new paragraph (1)(c) is added to Rule 46-31.010, F.A.C., to allow the use of skimmer trawls meeting certain specifications in food shrimp production in a delineated area of Apalachicola Bay until July 1, 2001. The new specifications include a maximum perimeter of 56 feet and a maximum mesh area of 500 square feet on such trawls and a maximum of two such trawls, unconnected, per vessel. Subsections (3) and (4) of the rule are amended to require that Turtle Excluder Devices (TEDs) and Bycatch Reduction Devices (BRDs) be installed in skimmer trawls.

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. A public rulemaking hearing was held by the Commission on February 23, 1999, in Tampa, Florida. No changes were made to the rule amendment as proposed. Notice of this meeting of the Board of Trustees was published in the March 19, 1999 issue of the F.A.W.

(See Attachment G, Pages 1-36)

RECOMMEND: APPROVAL

Item H Southwest Florida Seasonal Shrimp Rule 46-38.002

Closures

Consideration of proposed amendment of Rule 46-38.002, F.A.C., relating to seasonal and area closures on shrimp trawling in Southwest Florida.

PURPOSE AND EFFECT: The purpose of this rule development effort is to join two areas north and south of Wiggins Pass in Southwest Florida currently closed to shrimping during all or a portion of stone crab season and make the new full closure area subject to the October 1 through May 31 closure period currently applicable only in the northern area. The effect of this effort will be to reduce conflicts between the shrimp and stone crab fisheries, which in the past have been costly and sometimes violent. The resulting rule changes should separate the fisheries and their incompatible gear types in state waters approximately from Boca Grande Pass to Key West.

SUMMARY: Subsection (1) of Rule 46-38.002, F.A.C., is amended to extend the area currently closed during stone crab season to shrimp trawling that begins at Boca Grande Pass southward beyond Wiggins Pass and delete obsolete Loran equivalent coordinates. Subsection (2), which currently consists of a map depicting the area specified

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in subsection (1), is amended to substitute a new map that will depict the new area covered by subsection (1), as well as the new area specified in subsection (3) of the rule. Subsection (3) is amended to synch up the northern end of the existing closure area that runs in state waters from approximately Naples to Key West, with the area specified in subsection(1), and to expand the closed season for trawling in the southern area to cover the entire stone crab season.

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. A public rulemaking hearing was held by the Commission on February 23, 1999, in Tampa, Florida. Notice of changes made to the rule amendment and of this meeting of the Board of Trustees were published in the March 19, 1999 issue of the F.A.W.

(See Attachment H, Pages 1-36)

RECOMMEND: APPROVAL

Item I Marine Life Rule Chapter 46-42

Consideration of proposed rule amendments for Rule Chapter 46-42, F.A.C., relating to Florida's tropical marine life fishery.

PURPOSE AND EFFECT: The purpose of these rule amendments is to make minor adjustments to the Commission's rules governing the harvest of tropical ornamental species. Porkfish, a species of grunt, and the blue-legged or tricolor hermit crab are added to the chapter. Porkfish will have new minimum size and daily commercial harvest limits. The blue-legged or tricolor hermit crab and starsnails will have daily commercial harvest and possession limits established. Size limits and daily commercial harvest and possession limits are adjusted for Spanish and Cuban (spotfin) hogfish. Provisions are updated to assure the exemption of aquacultured live rock from prohibitions against the harvest and landing of natural live rock. Most of these changes have been suggested by the tropical ornamental marine life industry. The effect of the amendments is the continued protection of these valuable species for future generations of Floridians.

SUMMARY: Rule 46-42.001, F.A.C., is amended to designate porkfish and blue-legged or tricolor hermit crabs as restricted species. Additional technical changes are made throughout the rule reflecting recent changes in the scientific names for certain species. In Rule 46-42.004, F.A.C., a minimum size limit of 1 ½ inches is established for porkfish, along with a minimum size limit of 3 inches for the Cuban (spotfin) hogfish. In subsection (2) of Rule 46-42.006, F.A.C., the following commercial harvest limits are established: 75 porkfish per person, per day, with a maximum 150 porkfish per vessel per day when two or more licensed persons are aboard the vessel; 50 Spanish hogfish and 50 Cuban (spotfin) hogfish per person, per day, with a maximum possession limit of 100 of either at any time aboard a vessel when two or more licensed persons are aboard the vessel; 1 gallon of starsnails per person per day, with a maximum possession limit of 2 gallons at any time aboard a vessel when two or more licensed persons are aboard the vessel; and a limit of 1 quart of blue-legged or tricolor hermit crabs per person or per vessel each day, whichever is less. Finally, subsection (1) of Rule 46-42.008, F.A.C., is amended to prohibit possession for sale of non-aquacultured live rock harvested from Florida waters. Subsection (2) is amended to require an Aquiculture Certificate issued by the Florida Department

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of Agriculture and Consumer Services and a federal Live Rock Aquiculture Permit issued by the National Marine Fisheries Service for the sale of any live rock harvested from federal Exclusive Economic Zone (EEZ) waters adjacent to Florida state waters. Subsection (3) of the same rule is amended to specify that persons possessing an Aquiculture Certificate issued by the Florida Department of Agriculture and Consumer Services are not subject to the prohibitions against harvest and possession for sale in subsection (1) of the rule.

Notice of rule development was published in the January 15, 1999 issue of the Florida Administrative Weekly. Notice of proposed rulemaking was published in the January 22, 1999 issue. A public rulemaking hearing was held by the Commission on February 24, 1999, in Tampa, Florida. Notice of changes made to the rule amendments and of this meeting of the Board of Trustees were published in the March 19, 1999 issue of the F.A.W.

(See Attachment I, Pages 1-40)

RECOMMEND: APPROVAL