The purpose of this rule amendment is to modify the Commission’s Florida East Coast Shrimp Bed regulations, 68B-31.0156, Florida Administrative Code (FAC). The proposed amendment would modify the boundaries of the area off northeast Florida that is ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-31.0156: Florida East Coast Shrimp Bed: Repeal of Section 370.156, Florida Statutes; Seasonal Food Shrimp Production Closure; Exception; Definition

PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commission’s Florida East Coast Shrimp Bed regulations, 68B-31.0156, Florida Administrative Code (FAC). The proposed amendment would modify the boundaries of the area off northeast Florida that is open to the commercial harvest of food shrimp during April and May.

 

The state waters on the Atlantic coast generally extend three nautical miles from the coast. However, in the case of the St. Johns River mouth, the state waters boundary extends three nautical miles from the offshore jetties that stabilize the entrance to the river. This creates a seaward curve in the state waters boundary in the region. The curvature of this line is referred to by shrimpers in the region as the “bubble.”

 

In 1995, the Marine Fisheries Commission created an exception to the April-May shrimping closure for a portion of the “bubble” at the industry’s request. Shrimp in this area were believed to be large enough to be marketable, as were those in adjacent federal waters, and it was easier for the shrimp fleet to operate if they could trawl through the “bubble” when fishing in federal waters instead of having to pick up their nets or trawl around it.

 

The shrimp industry has requested they be allowed to shrimp throughout the entire “bubble” during the two-month closure so that they can trawl continuously across the entire area. This change would require moving the western boundary of the area open to fishing between 0.5 – 1 mile to the west. Thereby creating a straight line that cuts directly across the base of the “bubble” and approximates a straight line three nautical miles off the mouth of the St. Johns River.

SUMMARY: Modifications to the western boundary line for the allowable harvest area would expand the area slightly and make it easier for the shrimp fishery in the region to operate without negatively impacting the shrimp resource.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-31.0156 Florida East Coast Shrimp Bed: Repeal of Section 370.156, Florida Statutes; Seasonal Food Shrimp Production Closure; Exception; Definition.

(1) It is the intent of this rule to effect the repeal of and replace Section 370.156, F.S. (1995). The Marine Fisheries Commission has determined that the repeal and replacement of this statutory provision will not adversely affect the shrimp resources of the counties of the Florida East Coast Shrimp Bed or of the State of Florida.

(2)(a) Except as provided in paragraph (b), no person shall operate as a food shrimp producer during the months of April or May each year in any waters of the Florida East Coast Shrimp Bed.

(b) Paragraph (a) shall not apply to any person operating as a food shrimp producer during these two months in state waters east of 81°20' 00" West Longitude and north of 30°20' 00" North Latitude a line extending from 81°20.950’W Longitude and 30°26.658’N Latitude and continuing to 81°20.325’W Longitude and 30°21.469’N Latitude.

(3) For purposes of this rule the term “Florida East Coast Shrimp Bed” means all state waters of Nassau, Duval, Clay, Putnam, St. Johns, Flagler, Volusia, Seminole, Brevard, Indian River, and St. Lucie Counties.

Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 4-18-95, Formerly 46-31.0156.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 2, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017