The purpose of these rule amendments is to define the Gulf County scallop zone and set long-term scallop season dates for this zone based on community needs and input by modifying the regulations found in 68B-18, Florida Administrative Code (F.A.C.)....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-18.002Definitions

68B-18.005Seasons

PURPOSE AND EFFECT: The purpose of these rule amendments is to define the Gulf County scallop zone and set long-term scallop season dates for this zone based on community needs and input by modifying the regulations found in Rule Chapter 68B-18, Florida Administrative Code (F.A.C.).

The effect of these rules will be to modify the long-term scallop season dates for the newly-defined Gulf County (including St. Joseph Bay) scallop zone to open on August 16 and continue through September 24 each year, beginning in 2021.

SUMMARY: These rules will define the Gulf County scallop zone and set long-term scallop season dates of August 16 through September 24 each year for this zone, beginning in 2021, to align with feedback received from the community and supporting requests from local government.

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.

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:

 

68B-18.002 Definitions.

As used in Chapter 68B-18, F.A.C.:

(1) through (2) No change.

(3) “Gulf County Zone” means all Florida Waters east of a line extending due south from the west bank at the mouth of Mexico Beach Canal in Bay County (85°25.84’ West Longitude), including all waters of St. Joseph Bay, and west of a line extending due north and due south from the westernmost point of St. Vincent Island in Franklin County (85°13.43’ West Longitude).

(3) renumbered as (4)

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 6-15-94, 3-1-95, Formerly 46-18.002, Amended 9-1-13, 1-1-20, 1-1-2021.

 

68B-18.005 Seasons.

(1) Except as provided in paragraphs (a) through (c) and (b), the harvest of bay scallops begins on July 1 and continues through September 24 each year.

(a) Within the Gulf County Zone, the harvest of bay scallops shall be limited to an open season that begins on August 16 and continues through September 24 each year.

(a) through (b) re-designated (b) through (c) No change.

(2) through (3) No change.

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, 11-26-14, 1-1-20, 1-1-2021.

 

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: February 19, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 22, 2020