The purpose of this rule amendment is to modify the open season for recreational harvest of bay scallop so that the season will begin on a Saturday each year. This change will increase business and economic opportunities in the counties where ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-18.005 Closed Seasons for Harvest of Bay Scallops

PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the open season for recreational harvest of bay scallop so that the season will begin on a Saturday each year. This change will increase business and economic opportunities in the counties where harvest is allowed and create predictability in the season opening date. A predictable season opening date is better for harvesters and businesses alike. This change will open the season by no more than six days earlier than the opening currently established in rule, depending on the year, and so is expected to have minimal effects on the bay scallop population.

The effect of this change would be to amend Rule 68B-18.005, F.A.C. (Statewide Open and Closed Seasons and Areas for Harvesting Bay Scallops), to open the bay scallop recreational harvest season on the Saturday before July 1, unless July 1 falls on Saturday, in which case the season would open on July 1. The season for the recreational harvest is open through September 24 each year.

SUMMARY: Rule 68B-18.005, F.A.C., would be amended to change the date of the recreational bay scallop season opening to allow for an extra weekend, which increases business and economic opportunities. The opening of the recreational bay scallop season would change from July 1 to the Saturday before July 1, unless July 1 falls on Saturday, in which case the season would open on July 1.

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 HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting November 20-21, 2014, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Key Largo Resort, 97000 Overseas Highway, Key Largo, Florida 33037

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, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-18.005 Closed Seasons for Harvest of Bay Scallops.

During the closed season for bay scallops a person may not harvest or land a bay scallop from Florida Waters or possess a bay scallop in or on Florida Waters.  The closed season for bay scallops begins on September 25 each year and continues through the Friday prior to July 1 June 30 of the following year.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 3-1-95, Formerly 46-18.005, Amended 9-1-13,___________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2014