The purpose of this rule amendment is to establish administrative penalties for violations relating to the management of blue crab. These administrative penalties would apply when criminal violations such as trap molestation, trap theft, illegal ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-45.008: Assessment of Administrative Penalties for Violations Relating to Blue Crab Management
PURPOSE AND EFFECT: The purpose of this rule amendment is to establish administrative penalties for violations relating to the management of blue crab. These administrative penalties would apply when criminal violations such as trap molestation, trap theft, illegal bartering of tags, and fishing with untagged traps are committed. The purpose of creating Rule 68B-45.008, F.A.C., is to fulfill a requirement of Section 379.366(4)(a), F.S., that states “the Commission shall adopt by rule the administrative penalties authorized by this subsection”. The proposed draft rule amendment would create a standardized tiered penalty system that would allow the penalties to be assessed relative to the severity of the violation and the number of previous violations up to the maximum amount allowed as defined in Section 379.366, F.S. This proposed rule would be consistent with existing rules establishing administrative penalties for the stone crab and spiny lobster fisheries in Chapters 68B-13 and 68E-18, F.A.C., respectively.
SUMMARY: Rule 68B-45.008, F.A.C., (Assessment of Administrative Penalties for Violations relating to Blue Crab Management) would be created to contain all of the administrative penalties for violations relating to blue crab management. This rule will define the Commission’s policy regarding assessing administrative penalties for convictions of blue crab management program violations relative to the severity of the violation and the number of previous violations and could result in fines up to $5,000 and permanent revocation of saltwater fishing privileges.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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 15-16, 2009, During the regular meeting of the Commission, 8:30 a.m. – 5:00 p.m., each day
PLACE: Tallahassee-Leon County Civic Center, 505 West Pensacola Street, Tallahassee, FL 32301
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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-45.008 Assessment of Administrative Penalties for Violations Relating to Blue Crab Management.

(1) For conviction of a violation involving use of blue crab traps without current year trap tags pursuant to paragraph 68B-45.007(7)(b), F.A.C., the Commission shall assess administrative penalties pursuant to Section 379.366(4)(a), Florida Statutes, as follows:

(a) For a first violation:

1. Involving 20 or fewer untagged blue crab traps – $25 per untagged trap;

2. Involving 21 or more untagged blue crab traps – $1000.

(b) For a second violation occurring within 24 months of any previous such violation:

1. Involving 5 or fewer untagged blue crab traps – $50 per untagged trap;

2. Involving 6 to 20 untagged blue crab traps – $75 per untagged trap and suspension of all blue crab fishing privileges for 12 calendar months;

3. Involving 21 or more untagged blue crab traps – $2000 and suspension of blue crab fishing privileges for 12 calendar months.

(c) For a third violation occurring within 36 months of two previous such violations:

1. Involving 5 or fewer untagged blue crab traps – $100 per untagged trap and suspension of all blue crab fishing privileges for 24 calendar months;

2. Involving 6 to 20 untagged blue crab traps – $2500 and suspension of all blue crab fishing privileges for 24 calendar months;

3. Involving 21 or more untagged blue crab traps – $5000 and suspension of all blue crab fishing privileges for 24 calendar months.

(d) For a fourth violation occurring within 48 months of three previous such violations, regardless of the number of untagged blue crab traps involved – permanent revocation of all saltwater fishing privileges, including the endorsement holder’s saltwater products license, and all endorsements.

(2) For conviction of a violation involving trap theft, which is the unauthorized possession of another harvester’s blue crab trap gear or removal of another harvester’s blue crab trap contents, the Commission shall assess an administrative penalty of $5000, permanently revoke all saltwater fishing privileges, including all saltwater products licenses, endorsements, and trap tags allotted to him or her by the Commission, and prohibit the transfer of all endorsements pursuant to Section 379.366(4)(b), Florida Statutes.

(3) For conviction of a violation involving the willful molestation of a blue crab trap, trap line or buoy that is the property of any licenseholder without the permission of that licenseholder, the Commission shall assess an administrative penalty pursuant to Section 379.366(4)(c), Florida Statutes, as follows:

(a) For a first violation – $2500 and suspension of all blue crab or incidental take endorsements for 12 calendar months.

(b) For a second and each of all subsequent such violations – $5000 and suspension of all blue crab or incidental take endorsements for 24 calendar months.

(4) For conviction of a violation involving the bartering, trading, leasing, selling, giving, supplying, conspiracy to or aid in bartering, trading, leasing or selling, or agreeing or aiding to supply a blue crab trap tag without authorization from the Commission, the Commission shall assess administrative penalties pursuant to Section 379.366(4)(c), Florida Statutes, as follows:

(a) For a first violation:

1. Involving 5 or fewer blue crab trap tags – $1000;

2. Involving 6 or more blue crab trap tags – $1000 and suspension of all blue crab endorsements for the remainder of the license year.

(b) For a second violation occurring within 24 months of any previous such violation:

1. Involving 5 or fewer blue crab trap tags – $1000 and suspension of all blue crab endorsements for 12 calendar months;

2. Involving 6 or more blue crab trap tags – $2000 and suspension of all blue crab endorsements for 12 calendar months.

(c) For a third and each subsequent violation occurring within 36 months of two previous such violations:

1. Involving 5 or fewer blue crab trap tags – $3000 and suspension of all blue crab endorsements for 24 calendar months;

2. Involving 6 or more blue crab trap tags – $5000 and suspension of all blue crab endorsements for 24 calendar months.

(5) For conviction of a violation involving the possession or use of any blue crab trap tags not issued by the Commission or the unlawful making, altering, forging, counterfeiting or reproducing of blue crab trap tags, the Commission shall assess administrative penalties pursuant to Section 379.366(4)(c), Florida Statutes, as follows:

(a) For a first violation:

1. Involving 15 or fewer illegal blue crab trap tags – $500;

2. Involving 16 or more illegal blue crab trap tags – $1000.

(b) For a second violation occurring within 24 months of a previous such violation:

1. Involving 10 or fewer illegal blue crab trap tags – $1000 and suspension of all blue crab endorsements for 12 calendar months;

2. Involving 11 or more illegal blue crab trap tags – $2000 and suspension of all blue crab endorsements for 12 calendar months.

(c) For a third and each subsequent violation occurring within 36 months of two previous such violations:

1. Involving 5 or fewer illegal blue crab trap tags – $3000 and suspension of all blue crab endorsements for 24 calendar months;

2. Involving 6 or more illegal blue crab trap tags – $5000 and suspension of all blue crab endorsements for 24 calendar months.

(6) For conviction of a violation involving the possession of a number of original trap tags or replacement tags, the sum of which exceeds by one percent the number of traps allowed by Commission rules, the Commission shall assess an administrative penalty of $5000, and suspend all blue crab endorsements for 24 months pursuant to Section 379.366(4)(c), Florida Statutes.

(7) For conviction of a violation involving the commercial harvest of blue crabs during the time period when the license holder’s blue crab or incidental take endorsements are under suspension, the Commission shall assess an administrative penalty of $5000 and suspend all blue crab or incidental take endorsements for an additional 24 months to be applied consecutively to the current suspension period pursuant to Section 379.366(4)(c), Florida Statutes.

(8) For conviction of a violation involving fraudulently reporting the actual value of a transferred blue crab endorsement, the Commission shall assess an administrative penalty pursuant to Section 379.366(4)(d), Florida Statutes, as follows:

(a) If the difference between the actual value and the reported value of the endorsement is less than 25% of the actual value – suspension of the purchaser’s blue crab endorsements for six calendar months.

(b) If the difference between the actual value and the reported value of the endorsement is between 25% and 49.9% of the actual value – suspension of all the purchaser’s blue crab endorsements for 12 calendar months.

(c) If the difference between the actual value and the reported value of the endorsement is equal to or greater than 50% of the actual value – permanent revocation of all the purchaser’s blue crab endorsements.

(9) Immediately upon receiving a citation for a violation referenced in subsections (3)-(7) the commercial harvester is prohibited from transferring any blue crab endorsement until said violation is adjudicated, pursuant to Section 379.366(4)(c), Florida Statutes.

(10) If blue crab effort management endorsement privileges are suspended for a violation referenced in subsections (3)-(7) a commercial harvester is prohibited from transferring any blue crab endorsement until the period of suspension expires, pursuant to Section 379.366(4)(c), Florida Statutes.

(11) For purposes of this rule, a conviction is any judicial disposition other than acquittal or dismissal.

(12) A blue crab endorsement will not be renewed by the Commission until all fees and administrative penalties are paid in full.

PROPOSED EFFECTIVE DATE: JULY 1, 2009

Specific Authority Art. IV, Sec. 9, Fla. Const., 379.366 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.366 FS. History–New 7-1-09.

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 5, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 20, 2009