The purpose of this rule amendment is to establish commercial daily trip and vessel limits of 200 individual sea cucumbers. Currently, recreational harvesters are limited to five sea cucumbers per day per species, within the aggregate bag limit of ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-42.006Commercial Season, Harvest Limits

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish commercial daily trip and vessel limits of 200 individual sea cucumbers. Currently, recreational harvesters are limited to five sea cucumbers per day per species, within the aggregate bag limit of 20 total marine life organisms. However, there are no trip or vessel limits associated with commercial sea cucumber harvest. Florida’s commercial sea cucumber fishery has historically been small, targeting sea cucumbers solely for the aquarium trade. However, in 2013 the landings and catch-per-trip have increased several-fold in association with the development of an export market for sea cucumbers as food products. Similar markets that have developed in the absence of appropriate harvest restrictions elsewhere in the world have led to unsustainable harvest rates and population crashes in only a few years. The commercial trip and vessel limits will prevent this boom-and-bust pattern in Florida by ensuring sustainable harvest rates, thus sustaining the resource for future generations.

The effect of this rule amendment will be the conservation of sea cucumber populations, as well as the corresponding fisheries.

SUMMARY: The rule amendment would establish a daily commercial trip limit of 200 individual sea cucumbers and a daily vessel limit of 200 sea cucumbers, ensuring the sustainability of both the resource and the fishery.

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.

A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting April 16-17, 2014, 8:30 a.m. – 5:00 p.m. each day

PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333

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-42.006 Commercial Season, Harvest Limits.

(1) through (2) No change.

(3) Persons harvesting tropical ornamental marine life species or tropical ornamental marine plants for commercial purposes shall have a season that begins on October 1 of each year and continues through September 30 of the following year. These persons shall not harvest, possess, or land tropical ornamental marine life species in excess of the following limits:

(a) through (n) No change.

(o) A limit of 200 sea cucumbers (Class Holothuroidea) per person or per vessel per day, whichever is less.

PROPOSED EFFECTIVE DATE: April 1, 2014.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, Formerly 46-42.006, Amended 6-1-99, 2-28-02, 7-1-09, 10-31-11, 11-1-12, 4-1-14.

 

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.W.

 

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 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2014