The purpose of this rule amendment is to modify the Commission’s ballyhoo rule to allow the continuation of the ballyhoo lampara net endorsement program, which supplies the bulk of commercially available ballyhoo. The ballyhoo fishery is a small but ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-56.002: Commercial Licensing Requirements; Appeals
PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Commission’s ballyhoo rule to allow the continuation of the ballyhoo lampara net endorsement program, which supplies the bulk of commercially available ballyhoo. The ballyhoo fishery is a small but valuable commercial fishery that supplies bait to recreational anglers and has an average annual worth over $600,000. The 2008 stock assessment update indicated that the ballyhoo stock is not currently overfished and overfishing is not occurring. However, because ballyhoo are short-lived, they are subjected to large recruitment fluctuations caused by changes in climate and oceanographic conditions. In addition, the population migrates south to warm waters and forms highly vulnerable aggregated schools during winter in the Florida Keys. Due to the vulnerability of the winter aggregations and ballyhoo’s susceptibility to recruitment fluctuations, the 2008 assessment update emphasized the need to keep ballyhoo stock biomass high relative to the maximum sustainable yield. Therefore, measures that would increase pressure on the stock are not recommended.
Specifically, this proposed rule would give the lampara net endorsement holders the option to sell their endorsement if they decide to leave the fishery. Currently, if an endorsement holder decides to leave the fishery the endorsement cannot be transferred or renewed. If the rules are not amended, the lampara net endorsement program will eventually disappear because no new harvesters will be able to enter the fishery.
The effect of these rule amendments will be to allow the continuation of the ballyhoo lampara net endorsement program, which supplies the bulk of commercially available ballyhoo while not significantly increasing pressure on the ballyhoo stock.
SUMMARY: Rule 68B-56.002, F.A.C. (Commercial Licensing Requirements; Appeals) would be amended by limiting the number of commercial lampara net endorsements to the current number and would allow all endorsement holders to sell their endorsement to other commercial fishers during a transfer window from July 1 through March 31, annually. The proposed rules would also restrict any one entity from holding more than two endorsements at any one time, prohibit leasing of endorsements, allow only one endorsement on a saltwater products license, and allow only one saltwater products license to be associated with a single endorsement.
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-56.002 Commercial Licensing Requirements; Appeals.

(1) No change.

(2)(a) through (c) No change.

(d) In lieu of the requirements specified in paragraph (b), a person who has purchased another ballyhoo fisher’s vessel between July 1, 2001, and May 1, 2003, the date this rule becomes effective shall receive a lampara net endorsement, provided that the seller’s entire ballyhoo landing history was specifically part of the sale-purchase agreement and the seller’s landings are sufficient to meet the criteria in paragraph (b). Additional proof of purchased ballyhoo landings history is a copy of a contract or bill of sale specifically identifying the seller’s ballyhoo landings history as one of the items included in the sale of the vessel, or a letter from the seller to the Commission describing what specifically was included in the sale of the vessel.

(3) Effective July 1, 2010, Beginning in the 2004-2005 license year and until July 1, 2008, only persons holding a valid lampara net endorsement during the 2003-2004 license year will be eligible for issuance of a lampara net endorsement renewal and no new lampara net endorsements will be issued during the period, and no lampara net endorsements will be renewed or replaced except those that were issued pursuant to subsection (2).

(a) Beginning in the 2004-2005 license year and in subsequent license years until July 1, 2008, persons, corporations, or other entities holding a lampara net endorsement that was active in the 2003-2004 license year or an immediate family member of that person must request renewal of the lampara net endorsement before September 30 of each year. Failure to renew the lampara net endorsement by September 30 of each year will result in forfeiture of the endorsement. The Florida Fish and Wildlife Conservation Commission may consider extending the moratorium on issuance of lampara net endorsements at any time prior to July 1, 2008.

(b) No person, firm, or corporation shall hold more than two lampara net endorsements at any one time. Lampara net endorsements shall not be renewed if at least 10,000 pounds of ballyhoo or 55,000 individual ballyhoo are not landed by the endorsement holder in any one of the three most recent license years prior to application for renewal of the endorsement.

(c) A lampara net endorsement cannot be applied to more than one of an applicant’s saltwater products licenses at any one time.

(d) No saltwater products license will be issued with more than one lampara net endorsement. In the event of death or disability of a person holding an active lampara net endorsement, the endorsement may be transferred by the person or the executor of the person’s estate to a member of his or her immediate family.

(e) In the event of death or permanent disability of a person holding an active lampara net endorsement, the endorsement may be transferred by the person or the executor of the person’s estate to a member of his or her immediate family within 12 months of the date of death or disability and upon payment of all outstanding fees, fines, or penalties to the Commission in full.

(f)(c) Until such time that a fee is required for a lampara net endorsement, lampara net endorsement holders shall continue to renew their purse seine endorsements, as specified in Section 379.361(1), F.S.

(4) Requalification. Lampara net endorsements shall not be renewed if the endorsement holder does not land and document at least 10,000 pounds of ballyhoo or 55,000 individual ballyhoo per lampara net endorsement in any one of the three most recent license years prior to application for renewal of the endorsement. Once requalified, the endorsement will be valid for three license years, but must still be renewed annually as required by subsection (3).

(5)(4) Appeals. The Director of the Division of Marine Fisheries, or one or more designees of the director, shall consider disputes and other problems arising from the initial denial of lampara net endorsements. The Director shall submit a recommendation to the Executive Director of the Commission for resolution of the appeal, which will recommend either allocation of an endorsement to the appellant or upholding the denial of an endorsement.

(a) through (c) No change.

(6) Leasing Prohibited. The leasing or renting of lampara net endorsements is prohibited.

(7) Transferability. Lampara net endorsements are transferable upon approval of the Commission under the following conditions:

(a) A lampara net endorsement may be sold to an otherwise qualified buyer at fair market value.

(b) The buyer must hold a valid saltwater products license with a valid purse seine endorsement.

(c) A person who wishes to transfer an endorsement shall submit a notarized statement of intent within 72 hours of the final notarized signature, that has been signed by both parties to the transaction, hand delivered, or sent by United States Postal Service certified mail, return receipt requested, to the Commission between July 1 and March 31 each license year. Requests received by the Commission before July 1 or post marked after March 31 of the current license year will not be processed. The statement of intent shall include the following information:

1. The name, address, and SPL number of seller;

2. The name, address, and SPL number of buyer; and

3. The selling price.

(d) A lampara net endorsement shall not be transferred or issued until all license fees, surcharges, and any other outstanding fees, fines, or penalties owed to the Commission by either party to the transaction have been paid in full.

(e) Upon receipt of a lampara net endorsement, the transferee has three license years, including the current license year, to produce qualifying ballyhoo landings pursuant to subsection (4) in order to requalify the endorsement. Once requalified, the endorsement will be valid for three license years, but must still be renewed annually as required by subsection (3).

PROPOSED EFFECTIVE DATE: July 1, 2010.

Remaking Specific Authority Art. IV, Sec. 9, Fla. Cost. Law Implemented Art. IV, Sec. 9, Fla. Cost. History–New 5-1-03, Amended 7-1-10.

 

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 Ribosome, 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: February 5, 2010