The purpose of this rule amendment is to modify the Fish and Wildlife Conservation Commission’s (Commission) oyster rule to give oyster harvesters additional time on the water. The harvest of oysters is jointly managed by the Division of Aquaculture ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-27.018: Statewide Harvesting Restrictions
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Fish and Wildlife Conservation Commission’s (Commission) oyster rule to give oyster harvesters additional time on the water. The harvest of oysters is jointly managed by the Division of Aquaculture and Consumer Services (DACS) and the Commission. DACS is currently developing a rule in response to a federal mandate for public health purposes that would require harvesters to deliver their oysters to a certified dealer by 11:30 a.m. May through July and by 12:00 Noon, August through October. These proposed DACS rules shorten the time oyster harvesters are allowed to be on the water in those months. Current Commission rules do not allow the harvest of oysters between sundown and sunrise and do not allow the tongs used to harvest oysters to be aboard a vessel that is in transit or moored in or on waters above any public oyster bed or privately controlled or owned bottom between sundown and sunrise. This provision prevents oyster harvesters from leaving the dock before sunrise when harvesting oysters. The proposed rule would modify the Commission’s oyster rules to allow harvesters to leave the dock, transit the bay, and arrive at the oyster bar prior to sunrise if tongs are properly stowed aboard the vessel.
The effect of this rule amendment will be to allow commercial oyster harvesters to leave the dock, transit the bay, and arrive at the oyster bar prior to sunrise with tongs properly stowed aboard the vessel, which would allow them additional time to harvest oysters and return to the dock in time to adhere to the proposed DACS regulations.
SUMMARY: Rule 68B-27.018, F.A.C., (Statewide Harvesting Restrictions) would be amended by removing the stipulation that a vessel must be moored and not in or on waters above any public oyster bed or privately controlled or owned bottoms between sundown to sunrise for hand tongs to be aboard a vessel. The new rule would allow hand tongs aboard a vessel between sundown and sunrise as long as the tongs are properly stowed and not in use.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ___ or will not X have an impact on small business. A SERC has ___ or has not X been prepared by the agency.
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: April 28-29, 2010, each day, during the regular meeting of the Commission, 8:30 a.m. – 5:00 p.m.
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, [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: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-27.018 Statewide Harvesting Restrictions.

(1) through (5) No change.

(6) Ordinary hand tongs may be stowed in moored vessels from sundown until sunrise provided said vessels are not moored on or in waters above any public oyster bed or privately controlled or owned bottoms.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.018, Amended________.

 

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: 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: February 18, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 5, 2010