The purpose and effect of this rule amendment would be to change the citations in 68A-23, F.A.C. from 68A-5.004 F.A.C. to 68-1.010 F.A.C in accordance with the proposed rule change.

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.: RULE TITLE:
68A-23.003: Commercial Fishing Devices; Provision for Use in Certain Waters
68A-23.012: Special Regulations on Lake Okeechobee
68A-23.015: Regulations Governing the Taking and Possession of Freshwater Mussels

PURPOSE AND EFFECT: The purpose and effect of this rule amendment would be to change the citations in Chapter 68A-23, F.A.C. from Rule 68A-5.004, F.A.C. to Rule 68-1.010, F.A.C in accordance with the proposed rule change.

SUMMARY: The citation(s) to Rule 68A-5.004, F.A.C. in Chapter 68A-23, F.A.C. will be changed to Rule 68-1.010, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Fla. Const.
LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATES AND TIME: During the regular meeting of the Commission, May 2-3, 2012, 8:30 a.m.

PLACE: Plantation Golf Resort and Spa, 9301 West Fort Island Trail, Crystal River, FL 34429

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULES IS:

68A-23.003 Commercial Fishing Devices; Provision for Use in Certain Waters.

(1) through (8) No change.

(9) Permits may be issued by the executive director to authorize the operation of haul seines in specified areas.

(a) Southwest Region haul seine permits:

1. through 4. No change.

5. Subject to Commission approval in accordance with subsection 68-1.010(2) 68A-5.004(2), F.A.C., a permittee may designate in writing two assistant captains to fish in lieu of the permittee. The permittee or designated assistant captains shall be aboard the haul seine boat whenever fishing. Assistant captains shall be changed only by written request and approval of the Commission. A designated assistant captain shall work for only one permittee. Permittees shall maintain responsibility for the lawful operation of equipment used under the permit and for the proper live return to the water of all game fish taken pursuant to haul seine operations. Haul seines shall be attended continuously. The haul seine permit shall be aboard the vessel operating or transporting haul seine equipment.

6. Haul seine permittees or designated assistant captains shall fish at least 10 days annually from July 1 through June 30 of the following year. Failure to fish 10 days annually may result in revocation or non-renewal of a Southwest Region Haul Seine Permit in accordance with Rule 68-1.010 68A-5.004, F.A.C.

7. through 10. No change.

11. Denial, revocation, suspension, or non-renewal of haul seine permits or designations of assistant captains shall be administered in accordance with provisions of this rule section and Rule 68-1.010 68A-5.004, F.A.C. Permittees shall provide evidence of valid licenses required pursuant to Sections 379.363 and 379.3635, F.S., prior to renewal of the Southwest Region Haul Seine Permit. A Southwest Region Haul Seine Harvest Report (GFC Form HSRR1, effective 7-1-97, incorporated herein by reference and obtainable at the Southwest Region Office) shall be completed by each permittee and furnished to the Southwest Region Office by June 1 of each year.

(b) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 10-23-79, 5-19-80, 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-23.03, Amended 6-1-86, 4-13-88, 7-1-90, 1-1-92, 7-1-92, 10-22-92, 4-20-93, 7-1-95, 4-1-96, 7-1-97, 7-1-98, Formerly 39-23.003, Amended 7-1-08, 8-27-09,_________.

 

68A-23.012 Special Regulations on Lake Okeechobee.

(1) through (2) No change.

(3) Permits for haul seines:

(a) through (d) No change.

(e) Such permit shall be subject to revocation as provided in Rule 68-1.010 68A-5.004, F.A.C.

(f) No change.

(4) No change.

(5) Tagging:

(a) No change.

(b) Each permittee shall be responsible for the tagging of his own fish and only said permittee shall purchase tags. Tags will be provided by the Commission at a cost of five cents per tag. Permittees shall be responsible for the proper tagging of their fish and are strictly liable for any misappropriation thereof. Fish shall be tagged immediately upon arrival at the tagging site and prior to storage or, if a delay is necessary, shall be labeled so as to be readily traceable to the permittee. Permittees shall execute a contract of agreement with the Commission (GFC Form TA 1000, effective April 15, 1992 incorporated herein by reference, and available from the Commission) to tag fish at a designated location, and may be required to relinquish all tagging rights upon receipt of verified information and belief by the executive director that the permittee has violated any commercial fishing regulation governing Lake Okeechobee. In determining whether to require a permittee to relinquish his tagging rights, the executive director shall consider the standards and criteria set forth in Rule 68-1.010 68A-5.004, F.A.C. Breach of contract shall result in immediate denial of the delivery of fish tags by the Commission to the tagging agent.

(c) through (e) No change.

(6) Reports:

(a) through (b) No change.

(c) Failure to submit such reports for the reporting period may constitute grounds for revocation of, or denial of renewal of such license, permit or tagging agreement. Such revocation of, or denial of renewal of such license, permit, or tagging agreement shall be in accordance with standards and criteria promulgated in Rule 68-1.010 68A-5.004, F.A.C.

(7) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3635, 379.377 FS. History–New 8-1-79, Amended 11-8-79, 5-19-80, 6-22-80, 6-15-81, 6-21-82, 12-14-82, 7-1-84, 7-1-85, 9-19-85, Formerly 39-23.12, Amended 6-1-86, 2-21-88, 4-4-91, 4-15-92, 7-1-97, 7-1-98, Formerly 39-23.012, Amended 8-27-09,_________.

 

68A-23.015 Regulations Governing the Taking and Possession of Alligator Gar, Eels and Freshwater Mussels.

(1) No change.

(2) Persons licensed in accordance with Section 379.363(1), F.S., may take eels as specified in Rule 68A-23.002, 68A-23.003 or 68A-23.004, F.A.C., only under permit from the Commission. Permits shall be subject to such terms, conditions and restrictions as prescribed therein and shall be issued, denied, renewed or revoked as provided in Rule 68-1.010 68A-5.004, F.A.C. Eel harvest permits shall be issued to applicants who have submitted a completed eel harvest permit application. Eel Harvest Permit Application Form EHPA-1 (7-06) is incorporated herein by reference and obtainable at the Commission’s Tallahassee and Regional Offices.

(3) through (6) No change.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-96, Formerly 39-23.015, Amended 3-9-06,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, Florida 32399

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 23, 2012