The purpose of this rule amendment is to update rule language found within the Florida Fish and Wildlife Conservation Commission’s (FWC) spiny lobster trap certificate program regulations (68E-18, Florida Administrative Code) related to ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Resources

RULE NO.:RULE TITLE:

68E-18.010Commission Policy Regarding the Assessment of Administrative Penalties

PURPOSE AND EFFECT: The purpose of this rule amendment is to update rule language found within the Florida Fish and Wildlife Conservation Commission’s (FWC) spiny lobster trap certificate program regulations (68E-18, Florida Administrative Code) related to administrative penalties that is inconsistent with statutory provisions provided by the Legislature.

The effect of this rule amendment will be to amend outdated or inconsistent language that provides for administrative penalties that are different from those established more recently by the Legislature. This rulemaking will create greater clarity and improve the understandability of the FWC’s spiny lobster trap certificate program regulations. This rulemaking will not conflict with existing federal management plans.

SUMMARY: : This rule amendment will amend outdated or inconsistent language that provides for administrative penalties that are different from those established more recently by the Legislature. In addition, this rulemaking will create greater clarity and improve the understandability of the Spiny Lobster Trap Certificate Program regulations.

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:

 

68E-18.010 Commission Policy Regarding the Assessment of Administrative Penalties.

It shall be the policy of the Commission to assess administrative penalties pursuant to Section 379.3671(2)(c)4., F.S., for a violation involving use of spiny lobster traps without current year trap tags as required by Section 379.3671(2)(b), F.S.

(1) For a first violation of the referenced regulation, a penalty of up to $1,000 shall be assessed and the crawfish trap number (also known as the crawfish endorsement) issued pursuant to Section 379.3671(2), F.S., may be suspended for the remainder of the current license year. The Commission shall assess these penalties as follows:

(a) $25 per untagged trap for the possession or use of up to and including 20 untagged lobster traps;

(b) $1,000 and suspension of the crawfish endorsement for the remainder of the current license year for possession or use of 21 or more untagged lobster traps.

(2) For a second violation of the referenced regulation that occurs occurring within 24 months after of any previous such violation, an administrative penalty of up to $2,000 shall be assessed and the spiny lobster crawfish endorsement may be suspended for 12 months the remainder of the current license year. The Commission shall assess these penalties as follows:

(a) $50 per untagged trap for the possession or use of nine (9) or fewer such traps plus suspension of the spiny lobster crawfish endorsement for 12 months the remainder of the current license year;

(b) $75 per untagged trap for possession or use of 10 up to and including 20 such traps plus suspension of the spiny lobster crawfish endorsement for 12 months the remainder of the current license year;

(c) $2,000 and suspension of the spiny lobster crawfish endorsement for 12 months the remainder of the current license year for possession or use of 21 or more untagged spiny lobster traps.

(3) For a third or subsequent violation that occurs within 36 months after of any two previous two such violations, an administrative penalty of up to $5,000 shall be assessed and the spiny lobster crawfish endorsement may be suspended for up to 24 months or permanently revoked or the Commission may proceed against the saltwater products license pursuant to Section 379.407(2)(e), F.S. The Commission shall assess these penalties as follows:

(a) $100 per untagged spiny lobster trap and suspension of the spiny lobster crawfish endorsement for 12 months for possession or use of one (1) to nine (9) untagged traps;

(b) $250 per untagged spiny lobster trap and suspension of the spiny lobster crawfish endorsement for 24 months for possession or use of 10 to 19 untagged traps;

(c) $5,000 and suspension revocation of the spiny lobster crawfish endorsement and saltwater products license for possession or use of 20 or more untagged spiny lobster traps.

(4) A fourth violation that occurs within 48 months after any three previous such violations shall result in permanent revocation of all of the violator’s saltwater fishing privileges, including having the Commission proceed against the endorsement holder’s saltwater products license in accordance with Section 379.407, F.S.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.3671(6), 379.3671(2)(c)3.c., 379.3671(2)(c)4. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3671 FS. History–New 7-9-02, Amended ______.

 

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, 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 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018