The purpose of this rulemaking is to clarify and update reporting and recordkeeping requirements for the Marine Fisheries Trip Ticket Program and improve commercial saltwater fishing data collection to provide more timely ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Resources

RULE NOS.:RULE TITLES:

68E-5.001Introduction, Scope, and Definitions

68E-5.002Reporting Requirements

68E-5.003Record Content and Description

68E-5.004Data Management

68E-5.005Penalties

68E-5.900Forms

PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify and update reporting and recordkeeping requirements for the Marine Fisheries Trip Ticket Program and improve commercial saltwater fishing data collection to provide more timely information for management decisions and fishery disaster requests. The effect of these rule changes would be to move rules related to the Marine Fisheries Trip Ticket Program from Division 68E to Division 68B, F.A.C., as well as clarify and establish commercial saltwater fishing reporting and recordkeeping requirements, such as shorter reporting periods and electronic submission of reports.

SUMMARY: These rule amendments would clarify, update, and establish the Marine Fisheries Trip Ticket Program’s reporting and recordkeeping requirements to make them easier to understand and to improve the timeliness of commercial saltwater fishing data collection to support and inform management decisions and fishery disaster requests. The rule changes would repeal Chapter 68E-5 F.A.C. and move rules related to the Marine Fisheries Trip Ticket Program from Chapter 68E-5 F.A.C. to Chapter 68B-65, F.A.C., require all trip tickets to be submitted through VESL software application, set a weekly reporting period (Sunday – Saturday) with a submission deadline three days after the reporting period ends, require all Florida-licensed wholesale dealers to report every reporting period, require commercial harvesters to report unsold product, and prohibit the possession of commercially harvested marine organisms if their harvest has not been reported within the applicable reporting period. The proposed effective date for these rule changes is July 1, 2025. This rulemaking accompanies rulemaking for Chapter 68B-65, F.A.C.

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.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68E-5.001 Introduction, Scope, and Definitions.

PROPOSED EFFECTIVE DATE: JULY 1, 2025

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.01, 16B-45.001, 16R-13.001, Amended 12-31-89, Formerly 16R-5.001, 62R-5.001, Repealed 7-1-2025.

 

68E-5.002 Reporting Requirements.

PROPOSED EFFECTIVE DATE: JULY 1, 2025

Rulemaking AuthorityArticle IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.02, 16B-45.002, 16R-13.002, Amended 12-31-89, Formerly 16R-5.002, Amended 1-5-95, 6-11-95, Formerly 62R-5.002, Repealed 7-1-2025.

 

68E-5.003 Record Content and Description.

PROPOSED EFFECTIVE DATE: JULY 1, 2025

Rulemaking Authority Article IV, Section 9, Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.03, 16B-45.003, Amended 3-30-87, Formerly 16R-13.003, Amended 12-31-89, Formerly 16R-5.003, Amended 1-5-95, Formerly 62R-5.003, Repealed 7-1-2025.

 

68E-5.004 Data Management.

PROPOSED EFFECTIVE DATE: JULY 1, 2025

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.361, 379.362 FS. History–New 10-17-84, Formerly 16B-45.04, 16B-45.004, Amended 3-30-87, Formerly 16B-13.004, Amended 12-31-89, Formerly 16R-5.004, Amended 1-5-95, Formerly 62R-5.004, Repealed 7-1-2025.

 

68E-5.005 Penalties.

PROPOSED EFFECTIVE DATE: JULY 1, 2025

Rulemaking Authority Article IV, Section 9 Fla. Const., 379.407, 379.414 FS. Law Implemented 379.407, 379.414 FS. History–New 10-17-84, Formerly 16B-45.05, 16B-45.005, 16R-13.005, Amended 12-31-89, Formerly 16R-5.005, 62R-5.005, Repealed 7-1-2025.

 

68E-5.900 Forms.

PROPOSED EFFECTIVE DATE: JULY 1, 2025

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.245 FS. History–New 5-10-99, Formerly 62R-5.900, Repealed 7-1-2025.

 

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: September 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2024