The purpose of these rule amendments is to modify the Commission’s Blue Crab Rule in order to establish closed seasons to the harvest of blue crabs from traps. The purpose of creating Rule 68B-45.0045, F.A.C., is to facilitate the identification and ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-45.0045: Closed Seasons
68B-45.006: Other Prohibitions
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s Blue Crab Rule in order to establish closed seasons to the harvest of blue crabs from traps. The purpose of creating Rule 68B-45.0045, F.A.C., is to facilitate the identification and retrieval of lost and abandoned blue crab traps. This has been identified as an issue of importance by both the fishing industry and the public. The proposed draft rule amendment would create five regional closures along Florida’s coast and one closure in waters of the St. Johns River system. Each closure would last up to ten days and would occur annually. The duration of the closures within the ten days specified in the rule would be based on conditions in the specific regions and would be at the discretion of the Executive Director of the Commission. The purpose of modifying Rule 68B-45.006, F.A.C., is to transfer the current Gulf of Mexico Regional Closure into the new section, Rule 68B-45.0045, F.A.C., so that all blue crab season closures are in the same section of the rule.
SUMMARY: Rule 68B-45.0045 F.A.C., (Closed Seasons) would be created to contain all of the blue crab seasonal closure language. Six regional closed seasons to the harvest of blue crabs with traps would be created. These closures would extend for a period of up to 10 days each to help efforts to identify and retrieve lost and abandoned blue crab traps from Florida waters. In addition, the Gulf Seasonal Closure Region language located in Rule 68B-45.006, F.A.C., would be adopted into this section. Rule 68B-45.006, F.A.C., (Other Prohibitions) would be amended by removing the current Gulf Seasonal Closure Region Language.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, 8:30 a.m. – 5:00 p.m., February 4-5, 2009, each day
PLACE: Sandestin Golf and Beach Resort, 9300 Emerald Coast Parkway West, Destin, FL 32550
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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-45.0045 Closed Seasons.

(1) In order to facilitate the identification and removal of lost and abandoned traps the following restrictions shall apply.

(a) The use of traps to harvest blue crabs is prohibited for a period of up to ten days annually in the following regions:

1. All waters of the St. Johns River, its associated lakes and tributaries from west of the St. Johns River’s intersection with the Intracoastal Canal through and including Lake Hellen Blazes from January 16 through January 25;

2. All waters of Nassau, Duval, Clay, St. Johns, Putnam, Flagler, and Volusia counties from August 20 through August 29, however, not including waters listed in subparagraph (1)(a)1. of this paragraph;

3. All waters of Brevard, Indian River, St. Lucie, Martin, and Palm Beach counties from August 10 through August 19, however, not including waters listed in subsection (1)(a)1. of this paragraph;

4. All waters of Broward, Miami-Dade, Monroe, Collier, Lee, Charlotte, DeSoto, Sarasota, Manatee, Hillsborough, Pinellas, and Pasco counties from July 10 through July 19;

5. All waters of Wakulla, Jefferson, Taylor, Dixie, Levy, Citrus, and Hernando counties and including all waters of the Ochlockonee River and Ochlockonee Bay from July 20 through July 29;

6. All waters of Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, and Franklin counties from January 5 through January 14, however, excluding all waters of the Ochlockonee River and Ochlockonee Bay.

(b) All traps must be removed from the water before 12:01 a.m. local time on the first day of each regional closure. Traps found in state waters during the closures are declared to be a public nuisance and shall be disposed of in the manner approved by the Commission. Traps may be returned to the water after 12:01 a.m. local time on the day following each regional closure.

(c) Closures listed in subsections (1)(a)2., 3., 4., 5., and 6. extend to three nautical miles offshore.

(d) Closures listed in paragraph (1)(a) may be reduced in duration if it is determined by the Executive Director of the Commission that the number of lost and abandoned traps in the region will take less time to remove than the time listed in paragraph (1)(a).

(e) Closures do not apply to traps secured to private property, such as a dock, or to authorized gear listed in paragraphs 68B-45.004(1)(b)-(g), F.A.C.

(2) In the Gulf Seasonal Closure Region, no blue crab trap, including any trap used to harvest peeler crabs, may be placed in the water, fished, or soaked during the period beginning September 20 and continuing through October 4 each year.

(3) In the 2009/2010 fishing season, no trap retrieval fees will be assessed for blue crab traps collected through the Commission’s Trap Retrieval Program.

PROPOSED EFFECTIVE DATE: July 1, 2009.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-09.

 

68B-45.006 Other Prohibitions.

(1) through (2) No change.

(3) In the Gulf Seasonal Closure Region, no blue crab trap, including any trap used to harvest peeler crabs, may be placed in the water, fished, or soaked during the period beginning September 20 and continuing through October 4 each year.

PROPOSED EFFECTIVE DATE: July 1, 2009.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Formerly 46-45.006, Amended 7-1-03, 7-15-04, 7-1-09.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Robson, 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: December 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 26, 2008