The purpose of this rule amendment is to repeal outdated rule language found within the Florida Fish and Wildlife Conservation Commission’s (FWC) spiny lobster trap certificate program regulations (68E-18, Florida Administrative Code) that are ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Resources

RULE NOS.:RULE TITLES:

68E-18.002Definitions

68E-18.003Certificate Allocations and Fees

68E-18.006Rental or Leasing of Trap Tags

68E-18.008Suspension of Certificates and Crawfish Endorsement

PURPOSE AND EFFECT: The purpose of this rule amendment is to repeal outdated rule language found within the Florida Fish and Wildlife Conservation Commission’s (FWC) spiny lobster trap certificate program regulations (68E-18, Florida Administrative Code) that are inconsistent with statutory provisions provided by the Legislature.

The Joint Administrative Procedures Committee (JAPC) identified outdated rule language in Chapter 68E-18, Florida Administrative Code (F.A.C.), Spiny Lobster Trap Certificate Program, that appears to authorize the rental or leasing of spiny lobster trap tags, or that references penalties that are inconsistent with statutory penalties created by the Legislature.

Rule language authorizing the rental or leasing of spiny lobster trap tags in rules 68E-18.002 and 68E-18.006, F.A.C., was established by the Marine Fisheries Commission in 1995, and was not updated after the leasing of spiny lobster trap tags or certificates was prohibited by the Legislature in 2003. These outdated rules conflict with the provisions of section 379.3671(2)(a)5., Florida Statutes, and may lead someone to believe that the rental or leasing of spiny lobster trap tags is still allowed. Rule language in 68E-18.003, 68E-18.006, and 68E-18.008, F.A.C., provides for the suspension of a license holder’s spiny lobster trap certificates or crawfish endorsement in certain circumstances that are inconsistent with statutory penalties created by the Legislature.

The effect of this rule amendment will be to repeal outdated or inconsistent language in these rules that appears to authorize the rental or leasing of spiny lobster trap tags or certificates, or that provides for penalties that are different from those established more recently by the Legislature. This rulemaking will create greater clarity and improve the understandability of the FWC’s spiny lobster trap certificate program regulations. This rulemaking will not conflict with existing federal management plans.

SUMMARY: This rule amendment will repeal outdated or inconsistent language that appears to authorize the rental or leasing of spiny lobster trap tags or certificates, or that provides for penalties that are different from those established more recently by the Legislature. In addition, this rulemaking will create greater clarity and improve the understandability of the Spiny Lobster Trap Certificate Program 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:

 

68E-18.002 Definitions.

(1) through (17) No change.

(18) “Temporary transfers” means any use of a valid trap tag issued pursuant to an active trap certificate by someone other than the owner of the certificate. This includes but is not limited to leasing, renting, loaning, lending or other commercial or non-commercial arrangement for the use of the tag during the fishing season. If the owner suffers a hardship or emergency that requires another person to pull the owners traps in response to the hardship or emergency, this use is not subject to the transfer fee under the provisions of a temporary transfer. However, the pull must be authorized and documented pursuant to subsection 68B-24.006(7), F.A.C.

(18)(19) “Trap reduction schedule” means the reduction schedule established by the FWC in Rule 68B-24.009, F.A.C., as provided for in Section 379.3671(3), F.S.

(19)(20) “Trap tag” or “lobster trap tag” is a physical, durable, annual lobster trap identification and authorization label, furnished annually by the Commission to the certificate holder. One trap tag may be obtained by the certificate holder for each trap certificate held. The trap tag must be firmly affixed to the lobster trap each fishing season in order to place the trap in the water and use the trap to aid in the taking of lobster.

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Formerly 62R-18.002, Amended 7-1-01, 4-11-04, 7-15-04, 5-1-11, ______.

 

68E-18.003 Certificate Allocations and Fees.

(1) through (5) No change.

(6) Any payment by an invalid check is cause for suspension of all current certificates if valid payment is not received within thirty days of notification of the invalid check. Payment shall include any returned check charges incurred by the Commission.

(6)(7) Certificates shall not be issued or allocated until all licenses, fees, and surcharges have been paid in full and are current, and the holder’s SPL and C-number are not otherwise inactive.

(7)(8) Trap tags shall not be issued to certificate holders until all licenses, certificate fees, surcharges and any other outstanding fees to the Commission have been paid in full and are current, and the holder’s SPL, C-number, and certificates are not otherwise inactive.

(8)(9) Reasons or circumstances resulting in inactive certificates include:

(a) A certificate holder has his SPL suspended, revoked, or fails to renew his SPL;

(b) A certificate holder has his C-number suspended, revoked, or fails to renew his C-number;

(c) The annual certificate fees have not been paid in full;

(d) The certificate holder is deceased;

(e) The certificates or necessary licenses are in arrears on payment of required annual fees; and,

(f) The certificate holder has failed to obtain such additional authorizations or endorsements to licenses.

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.003, Amended 7-1-12, _____.

 

68E-18.006 Rental or Leasing of Trap Tags.

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.006, Repealed______.

 

68E-18.008 Suspension of Certificates and Crawfish Endorsement.

Rulemaking Authority Article IV, Section 9 Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.008, Repealed _______.

 

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: February 07, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018