The purpose of these rule amendments and rule repeal is to amend several rule elements of the Commission’s Spiny Lobster Rule. The purpose of amending Rules 68B-24.001, 68B-24.002, and 68B-24.007 and repealing Rule 68B-24.008 is to prohibit the ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-24.001: Purpose and Intent
68B-24.002: Definitions
68B-24.006: Gear: Traps, Buoys, Identification Requirements, Prohibited Devices
68B-24.007: Other Prohibitions
68B-24.008: Slipper Lobster; Prohibitions Relating to Eggbearing Slipper Lobster
68B-24.009: Trap Reduction Schedule
PURPOSE AND EFFECT: The purpose of these rule amendments and rule repeal is to amend several rule elements of the Commission’s Spiny Lobster Rule. The purpose of amending Rules 68B-24.001, 68B-24.002, and 68B-24.007 and repealing Rule 68B-24.008 is to prohibit the harvest of any eggbearing species of lobster. The effect of this rule will be to provide an added measure of protection to lobster species that occur in Florida waters where the taking of eggbearing individuals is not already prohibited, thus ensuring an added measure of protection to these lobster populations which are part of a healthy ecosystem. The purpose of amending Rule 68B-24.006 is to add rule language to allow up to two spiny lobster endorsement numbers (C-numbers) to be displayed on one vessel to facilitate entry-level participants in the commercial spiny lobster fishery. The effect will be to help facilitate new entrants into the commercial spiny lobster fishery by allowing them to work their gear from another spiny lobster endorsement holder’s vessel. The purpose of amending Rule 68B-24.009 is to extend the moratorium on the lobster trap reduction schedule for one year. The effect will be to maintain the moratorium on trap reduction to allow agency staff to continue to work with representatives of the spiny lobster fishery on a management strategy that will ensure both a healthy and sustainable spiny lobster fishery while reducing impacts on the environment.
SUMMARY: Rule 68B-24.001, F.A.C., (Purpose and Intent), 68B-24.002, F.A.C., (Definitions), and 68B-24.007 F.A.C., (Other Prohibitions), are amended, and Rule 68B-24.008, F.A.C., (Slipper Lobster; Prohibitions Relating to Eggbearing Slipper Lobster) is repealed to prohibit the harvest of any eggbearing lobster in the spiny, furry and slipper lobster families. Rule 68B-24.006, F.A.C., (Gear: Traps, Buoys, Identification Requirements, Prohibited Devices) is amended to allow up to two spiny lobster (trap) endorsement numbers to be displayed per vessel. Rule 68B-24.009, F.A.C., (Trap Reduction Schedule) is amended to continue the moratorium on the trap reduction schedule until July 1, 2009.
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: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting, April 9-10, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Ramada Inn, 2900 North Monroe Street, Tallahassee, FL 32303
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: 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: 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-24.001 Purpose and Intent.

(1) through (2) No change.

(3) It is also the intent of this chapter to prohibit the molestation of any eggbearing slipper lobster.

(4) Spiny lobster is designated as a restricted species pursuant to Section 370.01(23)(20), Florida Statutes.

(5) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, and Chapter 85-163, Laws of Fla. History–New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, 10-4-95, Formerly 46-24.001, Amended_________.

 

68B-24.002 Definitions.

(1) through (12) No change.

(13) “Slipper lobster,” also known as Spanish, sand, shovelnose, and bulldozer lobster, means any crustacean of the species Scyllarides nodifer, or any part thereof Scyllarides nodifer, or any part thereof.

(13)(14) “Spiny lobster” or “crawfish” means any crustacean of the species Panulirus argus, or any part thereof.

(14)(15) “Untreated pine” means raw pine wood that has not been treated with any preservative or pine wood that has been pressure treated with no more than 0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of wood.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 3-1-92, 6-1-94, 10-4-95, Formerly 46-24.002, Amended 7-7-03, 4-1-04,            _________.

 

68B-24.006 Gear: Traps, Buoys, Identification Requirements, Prohibited Devices.

(1) through (10) No change.

(11) Except as provided in subsection (7) of this rule, no more than two spiny lobster (trap) endorsement numbers (C-numbers) shall be used on a single vessel.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 3-1-92, 7-1-92, 6-1-94, 10-4-95, 9-30-96, 6-1-99, Formerly 46-24.006, Amended 7-1-01, 7-9-02, 7-7-03, 4-1-04,_________.

 

68B-24.007 Other Prohibitions.

(1) The harvest or possession of eggbearing spiny lobster, or any other species of lobster belonging to the families Palinuridae (spiny lobsters), Scyllaridae (slipper lobsters), or Synaxidae (furry lobsters) is prohibited. Eggbearing spiny lobster, or any other species of lobster in the families listed in this subsection, found in traps shall be immediately returned to the water free, alive, and unharmed. The practice of stripping or otherwise molesting eggbearing spiny lobster, or any other species of lobster in the families listed in this subsection, in order to remove the eggs is prohibited and the possession of spiny lobster or spiny lobster tails from which eggs, swimmerettes, or pleopods have been removed or stripped is prohibited.

(2) through (5) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 10-4-95, Formerly 46-24.007, Amended_________.

 

68B-24.008 Slipper Lobster; Prohibitions Relating to Eggbearing Slipper Lobster.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, Formerly 46-24.008, Repealed_________.

 

68B-24.009 Trap Reduction Schedule.

(1) through (3) No change.

(4) Notwithstanding the provisions of subsections (1)-(3) of this rule, no trap reductions shall take place in the license years beginning with the 2004-2005 license year and continuing through the 2008-2009 2007-2008 license year.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Amended 6-1-94, 6-3-96, 3-5-97, Formerly 46-24.009, Amended 6-29-00, 7-1-01, 4-1-04,            _________.

 

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 SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 29, 2008