The purpose of these rule amendments is to expand the area where the taking of commercial sponges by diving in the waters of the State of Florida is allowed and to specify the method by which they may be harvested. The effect is to provide ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-28.003: Diving: Open and Closed Areas
68B-28.0035: Commercial Sponge Size Limit
PURPOSE AND EFFECT: The purpose of these rule amendments is to expand the area where the taking of commercial sponges by diving in the waters of the State of Florida is allowed and to specify the method by which they may be harvested. The effect is to provide commercial sponge harvesters additional territory in which to work, while assuring that sponges harvested by diving are cut, rather than pulled, from the bottom to allow regrowth.
SUMMARY: Rule 68B-28.003, F.A.C., is amended to change the western boundary of the area where commercial sponges may be landed by diving to a north-south line from near Cape San Blas. Rule 68B-28.0035, F.A.C., is amended to require cutting of sponges harvested by diving.
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: During the Commission’s regular meeting, April 11-12, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Ramada Conference Center, 2900 North Monroe Street, Tallahassee, Florida
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-28.003 Diving: Open and Closed Areas.

(1) No change.

(2) The taking of commercial sponges by diving is allowed in all state waters north of a line extended due west from the southernmost point of Egmont Key, northward and westward to the north-south line represented by  85° 21' 23.04'', which meets the coast near the Cape San Blas lighthouse 840 W. longitude, which meets the coast near Cabell Point on the eastern border of Jefferson County.

(3) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-1-88, Amended 10-1-90, Formerly 46-28.003, Amended               .

 

68B-28.0035 Commercial Sponge Size Limit and Gear.

(1) through (2) No change.

(3)  Any commercial sponge attached to the bottom and taken pursuant to subsection 68B-28.003(2) or (3), F.A.C., must be cut, rather than pulled, from the bottom.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-13-02, Amended 3-1-05,               ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Robson, Director, Division of Marine Fisheries Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 2, 2007