The purpose of this rule amendment is to provide reference in 68B-31 to no-trawl zones within Biscayne National Park (BNP). No-trawl zones within BNP were developed in order to protect nursery and hardbottom habitat and reduce bycatch of non-target ...  

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    FISH AND WILDLIFE CONSERVATION COMMISSION

    Marine Fisheries

    RULE NO.:RULE TITLE:

    68B-31.0035Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions

    PURPOSE AND EFFECT: The purpose of this rule amendment is to provide reference in Chapter 68B-31, F.A.C. to no-trawl zones within Biscayne National Park (BNP). No-trawl zones within BNP were developed in order to protect nursery and hardbottom habitat and reduce bycatch of non-target species.

    The effect of this rule amendment will be to reference new no-trawls zones established in a newly created Biscayne National Park chapter [68B-7, Florida Administrative Code (F.A.C.)].

    SUMMARY: This rule amendment will incorporate a reference in Chapter 68B-31, F.A.C. to new no-trawl zones within BNP that were developed in order to conserve sensitive nursery habitat and reduce bycatch of non-target species.

    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 (850)488-6411. 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 (850)487-0554.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    68B-31.0035 Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions.

    (1) through (2) No change.

    (3) Biscayne National Park – As provided in 68B-7.008, F.A.C., no person shall operate a trawl within the No-Trawl Zones of Biscayne National Park.

    (3) renumbered as (4) No change.

    Rulemaking Authority Art. IV, Sec. 9, and Art. X, Sec. 16, Florida Const. Law Implemented Art. IV, Sec. 9, and Art. X, Sec. 16, Florida Const. History–New 1-1-96, Amended 3-1-99, Formerly 46-31.0035, Amended                  .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and (850) 487-0554.

    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

Document Information

Comments Open:
1/22/2020
Summary:
This rule amendment will incorporate a reference in 68B-31 to new no-trawl zones within BNP that were developed in order to conserve sensitive nursery habitat and reduce bycatch of non-target species.
Purpose:
The purpose of this rule amendment is to provide reference in 68B-31 to no-trawl zones within Biscayne National Park (BNP). No-trawl zones within BNP were developed in order to protect nursery and hardbottom habitat and reduce bycatch of non-target species. The effect of this rule amendment will be to reference new no-trawls zones established in a newly created Biscayne National Park chapter [68B-7, Florida Administrative Code (F.A.C.)].
Rulemaking Authority:
Article IV, Section 9, Florida Constitution
Law:
Article IV, Section 9, Florida Constitution
Contact:
Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and (850) 487-0554.
Related Rules: (1)
68B-31.0035. Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions