The purpose of these rule amendments is to clarify the positions of geographic references used in Chapter 68B-35, Florida Administrative Code (FAC). Many of the Commission’s marine fisheries rules contain geographic coordinates or latitude lines ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-35.002Definitions

68B-35.005Pompano Endorsement Regulations

PURPOSE AND EFFECT: The purpose of these rule amendments is to clarify the positions of geographic references used in Chapter 68B-35, Florida Administrative Code (FAC). Many of the Commission’s marine fisheries rules contain geographic coordinates or latitude lines that define the boundaries of where rules apply. Currently, the rules defining the Pompano Endorsement Zone references “Hurricane Pass.” However, there are two Hurricane Passes in the Gulf of Mexico, which may lead to confusion. The intended “Hurricane Pass” lies within Collier County, while the other lies further north in Pinellas County.

The effect of these proposed draft rules will be an improved definition of the “Hurricane Pass” referenced as the northern border of the Pompano Endorsement Zone by clarifying that it lies within Collier County. This will lead to a more easily understood regulatory boundary for the Pompano Endorsement Zone and improved public understanding of the rules.

SUMMARY: These rules will clarify that the “Hurricane Pass” referenced as the northern border of the Pompano Endorsement Zone lies within Collier County, leading to a an improved description of the area and improved public understanding of the 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.

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-35.002 Definitions.

As used in this rule chapter:

(1) through (9) No change.

(10) “Pompano Endorsement Zone” means federal Exclusive Economic Zone (EEZ) waters lying between 25° 09' North Latitude (Cape Sable) and 26° 00' North Latitude, Cape Sable and (Hurricane Pass in Collier County), in the Gulf of Mexico.

(11) through (14) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-89, Amended 1-1-96, Formerly 46-35.002, Amended 1-1-04, 8-29-11, __________.

 

68B-35.005 Pompano Endorsement Regulations.

(1) No change.

(2) Pompano Endorsement Zone

(a) Boundaries – Regulations for Pompano Endorsement Holders established in Rule 68B-35.005, F.A.C., apply only in federal EEZ waters between 25° 09' North Latitude (Cape Sable) and 26°00' North Latitude, between Cape Sable and (Hurricane Pass in Collier County).

(b) Transport and Landings – Transport through state waters of pompano harvested pursuant to paragraph 68B-35.005(2)(a), F.A.C., must be between 25° 09' North Latitude (Cape Sable) and 26°00' North Latitude, between Cape Sable and (Hurricane Pass in Collier County), and landed within these boundaries.

(c) Simultaneous Possession of Pompano and Gill or Entangling Nets – Simultaneous possession of any pompano together with any gill or entangling net aboard any vessel is only allowed within or without state waters, between 25°09' North Latitude (Cape Sable) and 26°00' North Latitude, between Cape Sable and (Hurricane Pass in Collier County), by persons who have harvested pompano within the boundaries established in paragraph 68B-35.005(2)(a), F.A.C., and who possess a valid saltwater products license with a restricted species endorsement and a Pompano Endorsement issued pursuant to subsection 68B-35.005(1), F.A.C., or pursuant to paragraph 68B-35.004(5)(a), F.A.C.

(d) No change.

(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., Art. X, Sec. 16, Fla. Const., 379.407 FS. History–New 11-1-01, Amended 1-1-04, 8-29-11, 11-15-12, _________.

 

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, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017