The purpose of this rule amendment is to curtail the introduction of new lionfish into Florida waters via the aquaculture industry. Chapter 68B-5.006, FAC, will be amended to prohibit the harvest and possession of lionfish eggs and larvae for any ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-5.006Lionfish

PURPOSE AND EFFECT: The purpose of this rule amendment is to curtail the introduction of new lionfish into Florida waters via the aquaculture industry. Rule 68B-5.006, F.A.C., will be amended to prohibit the harvest and possession of lionfish eggs and larvae for any purpose other than destruction. The amendment would also prohibit captive breeding of lionfish, the cultivation of lionfish eggs or larvae, and authorize issuance of a research permit for the otherwise prohibited aquaculture of lionfish.

The effect of this rule will be to prevent the addition of new lionfish into Florida waters from the aquaculture industry. Prohibiting harvest and possession of lionfish eggs and larvae for purposes other than destruction will prevent harvest for aquaculture purposes which would likely increase survivorship of these species at a life stage that is otherwise expected to be subject to higher mortality if left in the wild.

SUMMARY: This rule would prevent the introduction of new lionfish into Florida waters by the aquaculture industry by prohibiting captive breeding of lionfish, cultivating lionfish eggs or possessing lionfish eggs or larvae for any purpose other than destruction. The rule would continue to allow for research that could contribute to lionfish control by authorizing the issuance of a research permit for the otherwise prohibited aquaculture of lionfish.

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-5.006 Lionfish.

(1) through (5) No change.

(6) In accordance with Rule 68-5.005, F.A.C., the intentional breeding of lionfish or cultivation of lionfish eggs or larvae in captivity is prohibited except as authorized by Conditional/Prohibited/Nonnative species permit.

(7) Except for activities authorized by Conditional/Prohibited/Nonnative species permit, the harvest or possession of lionfish eggs or larvae for any purpose other than destruction is prohibited.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-21-13, Amended 8-1-14,_________.

 

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 10, 2014

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