The Fish and Wildlife Conservation Commission adopted rules that would have implemented the final effort management plan for the commercial blue crab fishery on July 1, 2007. The purpose of these rule amendments is to continue the moratorium on ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-45.004: Regulation and Prohibition of Certain Harvesting Gear
68B-45.007: Blue Crab Limited Entry Endorsement Program
PURPOSE AND EFFECT: The Fish and Wildlife Conservation Commission adopted rules that would have implemented the final effort management plan for the commercial blue crab fishery on July 1, 2007. The purpose of these rule amendments is to continue the moratorium on issuance of new blue crab endorsements until July 1, 2008, and to delay until that date the implementation of the Blue Crab Effort Management Program, if legislation implementing appropriate penalties and fees is not passed in the 2007 Legislature. Otherwise, if such legislation is passed, the rules will be amended to make minor changes to aid in the program’s implementation. The effect of these rule amendments, depending on the passage of legislation, will be to maintain the commercial fishery in its current regulatory state until appropriate penalties and fees are established or to provide for the smooth implementation of this limited entry program.
SUMMARY: If legislation implementing appropriate penalties and fees associated with the Blue Crab Effort Management Program is not passed in the 2007 Legislature, Rule 68B-45.004, F.A.C. will be amended to extend the moratorium on the issuance of new blue crab endorsements until July 1, 2008, and Rule 68-45.007, F.A.C. will be amended to delay for one year the implementation of the program established by the rule. Various filing and qualification deadlines and start dates for program requirements are amended to reflect the one-year delay in implementation of the program. The date of dissolution of the blue crab advisory board is extended by one year.
If legislation implementing appropriate penalties and fees associated with the Program are passed in the 2007 Legislature, amendments to Rule 68B-45.004, F.A.C., will be withdrawn, and the amendments to Rule 68B-45.007, F.A.C., will include only paragraphs 68B-45.007(3)(a) and 68B-45.007(6)(f), F.A.C. The deadline for qualified persons to receive a hardshell or softshell Blue Crab Effort Management Endorsement to submit their application for the endorsement is extended to September 30, 2007. The deadline for persons wishing to appeal their denial of a non-transferable Blue Crab Effort Management Endorsement is extended to September 30, 2007.
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, June 14, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Radisson Suite Hotel Oceanfront, 3101 North Highway A1A, Melbourne, FL 32903
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: 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-45.004 Regulation and Prohibition of Certain Harvesting Gear.

(1) through (8) No change.

(9)(a) No change.

(b) Notwithstanding Section 370.135(2)(a), F.S., effective July 1, 2007 2006, and until July 1, 2008 2007, no blue crab endorsements, except those endorsements that were active during the 2006-2007 2005-2006 fiscal year, shall be renewed or replaced. Persons or corporations holding a blue crab endorsement that was active in the 2006-2007 2005-2006 fiscal year or an immediate family member of that person must request renewal of the blue crab endorsement before September 30, 2007 2006. All provisions of Sections 370.135(2)(c)-(e), F.S., shall continue to apply to the issuance and renewal of blue crab endorsements with the applicable dates specified in this paragraph.

(c) No change.

(10) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 1-1-95, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 9-21-06,_________.

 

68B-45.007 Blue Crab Effort Management Program.

(1) Beginning in the 2008/2009 2007/2008 license year, in addition to a valid saltwater products license and a valid restricted species endorsement, a blue crab effort management endorsement number is required to harvest or possess blue crab in quantities greater than the recreational bag limit or to sell blue crab.

(2) No change.

(3)(a) Except for those qualifying for a non-transferable blue crab effort management endorsement as specified in subsection (6), the Blue Crab Effort Management Endorsement Application must be received by the Commission no later than September 30, 2007 2006. An applicant may be a person, firm, or corporation.

(b) through (c) No change.

(d) Applicants must submit their application to the Commission no later than September 30, 2008 2007. An applicant may be a person, firm, or corporation.

(e) No change.

(f) Applicants initially denied a V-N endorsement number may appeal their denial by submitting a completed appeals application form (DMF-4580, Application for Appeal of the Non-Transferable Blue Crab Limited Entry Endorsement (09-06), hereby incorporated by reference), to the Director of the Division of Marine Fisheries Management by September 30 March 31, 2007.

(7)(a) No change.

(b) Beginning July 1, 2008 2007, each trap used for the directed harvest of blue crabs must have securely fastened thereto a current trap tag issued annually by the Commission. Each such tag shall be manufactured by a Commission vendor and made of durable plastic or similarly durable material and shall have printed thereon the holder’s blue crab effort management endorsement number. To facilitate enforcement and record keeping, such tags shall be issued each year in a color different from those used in the preceding three years. Traps with tags that are not securely fastened shall be considered untagged for enforcement purposes.

(c) through (i) No change.

(8) Effective September 30, 2008 2007, no additional blue crab effort management endorsements will be issued except to applicants qualifying as specified in subsection (18), and no blue crab effort management endorsement will be renewed or replaced except those that were issued pursuant to subsection (4), (5), (6) or (11).

(9) Beginning in the 2009/2010 2008/2009 license year, each holder of a blue crab effort management endorsement number, or an immediate family member of such holder in the case of an individual, must renew the endorsement number each license year before September 30. Failure to renew the endorsement number by September 30 of any year will result in forfeiture of the endorsement number.

(10) Requalification. Beginning with license year 2011/2012 2010/2011, the holder of a blue crab effort management endorsement number, except those qualifying as specified in subsection (18), must requalify for the endorsement number by documenting landings on such endorsement as specified in paragraph (a) or (b) in at least one of the previous three license years. Each endorsement number will then be valid for three years from the date of requalification, but must still be renewed annually as required by subsection (8). Except for the V-I endorsement specified in subsection (18), any blue crab effort management endorsement number not meeting the requalification criteria as specified in paragraph (a) or (b) will not be renewed.

(a) through (b) No change.

(11) No change.

(12)(a) through (h) No change.

(i) On July 1, 2013 2012, the board is dissolved unless extended by the Executive Director of the Commission.

(13) through (18) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 5-26-05, Amended 3-30-06, 9-21-06,_________.

 

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
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2007