The purpose of this rule amendment is to provide reference in 68B-24 for areas that are closed to trap use and lobster harvest within Biscayne National Park (BNP). A series of Coral Reef Protection Areas (CRPA) within BNP were developed where trap ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-24.0067Special Provisions for Biscayne National Park: Closure of Coral Reef Protection Areas

PURPOSE AND EFFECT: The purpose of this rule amendment is to provide reference in Chapter 68B-24, F.A.C. for areas that are closed to trap use and lobster harvest within Biscayne National Park (BNP). A series of Coral Reef Protection Areas (CRPA) within BNP were developed where trap use and lobster harvest will be prohibited in order to prevent damage to coral reef habitat that is particularly pristine, contains a disproportionally high amount of ESA-listed corals, or would experience especially high ecological benefits from further conservation.

The effect of this rule amendment will be to reference new spatial closures to the harvest of lobster established in a newly created BNP chapter [68B-7, Florida Administrative Code (F.A.C.)].

SUMMARY: This rule will provide reference in Chapter 68B-24, F.A.C. to a series of CRPAs within BNP that were established in order to protect selected coral stands.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 19-20, 2020, 8:30 a.m. – 5:00 p.m. each day

PLACE: Donald L. Tucker Civic Center, 505 W. Pensacola Street, Tallahassee, FL 32301

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-24.0067 Special Provisions for Biscayne National Park: Closure of Coral Reef Protection Areas.

As provided in 68B-7.008, F.A.C., no person shall harvest or attempt to harvest any species of the families Palinuridae (spiny lobsters), Scyllaridae (slipper lobsters), or Synaxidae (furry lobsters), or deploy any trap, in the Coral Reef Protection Areas of Biscayne National Park.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2019