The purpose of this proposed rule amendment is to modify regulations for escape ring location requirements in commercial and recreational plastic and wood stone crab traps. The effect of this rule amendment would be to ....

 

NOTICE OF PROPOSED RULE

FISH AND WILDLIFE CONSERVATION COMMISSION

DIVISION: Marine Fisheries

RULE NO.: RULE TITLE:

68B-13.0015Definitions

68B-13.008 Gear, Trap Construction, Commercial Trap Marking Requirements, Trap Working Regulations, Trap Transfer

PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to modify regulations for escape ring location requirements in commercial and recreational plastic and wood stone crab traps.  The effect of this rule amendment would be to remove language specifying escape ring location requirements for plastic and wood stone crab traps during the 2023/24 season and modify the location requirements for future seasons as well as amend the definition of an escape ring to remove refence to its location in a trap. 

SUMMARY: This rule amendment would revise the escape ring definition, remove language specifying any location requirement for the 2023/24 stone crab season, and revise the location requirement for the 2024/25 and subsequent stone crab seasons.  This rule amendment would modify the stone crab trap escape ring requirement for the 2023/24 stone crab season to require an unobstructed escape ring 2 3/16 inches in diameter be located anywhere in the trap for all commercial and recreational plastic and wood stone crab traps.  This rule amendment would also modify the stone crab trap escape ring requirement for the 2024/25 stone crab season to require an unobstructed escape ring 2 3/16 inches in diameter be located within a vertical exterior trap wall for all commercial and recreational plastic and wood stone crab traps.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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 the statement of estimated regulatory costs, or to provide a proposal for lower cost regulatory alternatives 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 F.A.R.

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 AS FOLLOWS:

68B-13.0015 Definitions.

(1) No change.

(2) As used in this rule chapter:

(a) through (g) No change.

(h) “Escape ring” means an opening created within a vertical exterior wall of a stone crab trap that is intended to allow bycatch and undersized stone crabs to escape.

(i) through (x) No Change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-25-87, Amended 10-4-95, Formerly 46-13.0015, Amended 7-1-00, 7-22-01, 10-1-20, __-__-__.

 

68B-13.008 Gear, Trap Construction, Commercial Trap Marking Requirements, Trap Working Regulations, Trap Transfer.

(1) No change.

(2) Trap Construction. No person, firm, or corporation shall transport on the water, fish with, or cause to be fished with, set, or placed, in the harvest of stone crabs, any trap which does not meet the following requirements:

(a) through (b) No change.

(c)1. through 3. No change.

4. By October 5, 2023, each Each plastic and wood trap used to harvest stone crabs must have at least one unobstructed escape ring with a minimum opening diameter of 2 3/16 inches, and by October 5, 2024, Ssuch escape ring must be located within a vertical exterior trap wall in the lower half of the trap. and immediately adjacent to the vertical centerline of the trap wall on which it is installed. An escape ring may not be located adjacent to any corner where two vertical trap walls meet.

5. No change.

(3) through (5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 7-15-04, 7-13-08, 6-19-13, 10-25-15, 10-1-20, __-__-__.

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

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: October 4, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN F.A.R.: September 14, 2023