The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) calico scallops rules. The calico scallops Chapter (68B-53) has been reformatted to simplify ...  

  • FISH AND WILDLIFE CONSERVATION COMMISSION

    Marine Fisheries

    RULE NOS.:RULE TITLES:

    68B-53.001Definitions

    68B-53.002Size Limit

    68B-53.003Harvest Requirements: Harvest for Commercial Purposes; Gear Specifications; Closed Areas

    68B-53.004Recreational Harvest Prohibited; Commercial Limits

    68B-53.006Allowed and Prohibited Gear and Method of Harvest

    68B-53.0061Gear Specifications; Prohibited Areas

    PURPOSE AND EFFECT: The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) calico scallops rules. The calico scallops Chapter (68B-53) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.

    The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.

    SUMMARY: Chapter 68B-53 (Calico Scallops) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.

    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: Article IV, Section 9, Florida Constitution.

    LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.

    A HEARING WILL BE HELD AT THE DATES, TIMES AND PLACE SHOWN BELOW:

    DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

    PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

    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 (850)488-6411. 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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850)487-0554

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    68B-53.001 Definitions.

    PROPOSED EFFECTIVE DATE: September 1, 2013.

    Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-99, Formerly 46-53.001, Repealed 9-1-13.

     

    (Substantial rewording of Rule 68B-53.002 follows. See Florida Administrative Code for present text.)

     

    68B-53.002 Definitions.

    “Calico scallop" means a scallop of the species Argopecten gibbus, or any part of the meat or viscera thereof.

    PROPOSED EFFECTIVE DATE: September 1, 2013.

    Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-99, Formerly 46-53.002, Amended 9-1-13.

     

    (Substantial rewording of Rule 68B-53.003 follows. See Florida Administrative Code for present text.)

     

    68B-53.003 Size Limits Harvest Requirements: Harvest for Commercial Purposes; Gear Specifications; Closed Areas.

    (1) Size Limit – A person or processor may not harvest or possess within or without Florida Waters calico scallops that are not of legal size. A processor of calico scallops may not possess calico scallops that are not of legal size, regardless of whether the processor is based at sea within or without Florida Waters or on land in the State of Florida.

    (2) Legal Size –

    (a) The calico scallops possessed by a person or processor are of legal size if, a one pound sample of calico scallop meats, taken from a single container possessed by the person or processor, contains 250 or fewer individual calico scallop meats.

    (b) If a person or processor is in possession of a container that has a capacity of less than one pound, the contents of more than one container may be combined in order to obtain a one pound sample for determining compliance with the size limits established in this section.

    (3) Each one pound sample that contains more than 250 individual calico scallop meats constitutes a separate violation of the size limit established in subsections (1) and (2).

    PROPOSED EFFECTIVE DATE: September 1, 2013.

    Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-99, Formerly 46-53.003, Amended 9-1-13.

     

    68B-53.004 Recreational Harvest Prohibited; Commercial Limits.

    (1) Recreational Harvest Prohibited – Within or without Florida Waters, a person may not harvest or possess calico scallops for recreational purposes. A person may not land a calico scallop harvested within or without Florida Waters for recreational purposes.

    (2) Commercial Bag Limit – A commercial harvester is not subject to a harvest or possession limit for calico scallops.

    PROPOSED EFFECTIVE DATE: September 1, 2013.

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

     

    68B-53.006 Allowed and Prohibited Gear and Method of Harvest.

    (1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a calico scallop within or without Florida Waters only by or with the use of an otter trawl meeting the specifications of Rule 68B-53.0061, F.A.C.

    (2) Prohibited Gear and Method of Harvest – A person may not harvest or attempt to harvest a calico scallops within or without Florida Waters with gear or methods that are not expressly permitted in subsection (1).

    PROPOSED EFFECTIVE DATE: September 1, 2013.

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

     

    68B-53.0061 Gear Specifications; Prohibited Areas.

    (1) Otter Trawl Specifications –

    (a) No such trawl shall be towed for more than 25 minutes, beginning when the trawl is placed in the water and ending when the trawl is completely removed from the water.

    (b) In the areas where the use of such trawls is allowed by subsection (2), no more than two unconnected otter trawls, each with a headrope no longer than 40 feet, a perimeter around the leading edge of the net not greater than 120 feet, and a mesh area not greater than 500 square feet, shall be deployed from any vessel.

    (c) No such trawl shall be deployed or fished that has a mesh size anywhere in the trawl body or bag less than 3 inches stretched mesh or that has a twine size smaller than #84.

    (d) No such trawl shall be used for the directed harvest of any species other than calico scallops. Any bycatch of other species shall be immediately returned to the water where caught.

    (e) Such trawls, to the extent that they meet each provision of this rule, shall be exempt from the Turtle Excluder Device (TED) requirement of Rule 68B-31.004, F.A.C., and the applicable regional Bycatch Reduction Device (BRD) requirement of Chapter 68B-31, F.A.C.

    (2) Prohibited Areas –

    (a) No otter trawl shall be used in the directed harvest of calico scallops within all state waters of Jefferson, Taylor, Dixie, Levy, Citrus, Hernando, Pasco, Pinellas, and Hillsborough Counties, and all state waters of Wakulla County east of the following described line: Beginning at the St. Marks Lighthouse, proceed southerly on a straight line to flashing channel marker #1; thence, southerly in a straight line to a point on the state waters boundary where a straight line from flashing channel marker #1 to flashing bell buoy #24 intersects with said boundary.

    (b) No otter trawl shall be used in the directed harvest of calico scallops within all state waters shoreward of a line one mile seaward of the Colregs Demarcation Line, except that in Wakulla, Franklin, and Gulf Counties, all state waters shoreward of a line three miles seaward of the Colregs Demarcation Line.

    (c) No otter trawl shall be used in the directed harvest of calico scallops within all waters closed to the use of otter trawls for the harvest of shrimp, during the time periods indicated, as specified in Rule 68B-31.0156, F.A.C., Rule 68B-31.016, F.A.C., Rule 68B-38.001, F.A.C., and Rule 68B-38.002, F.A.C.

    PROPOSED EFFECTIVE DATE: September 1, 2013.

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

     

    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.R.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012

     

Document Information

Comments Open:
5/14/2013
Summary:
Chapter 68B-53 (Calico Scallops) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.
Purpose:
The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) calico scallops rules. The calico scallops Chapter (68B-53) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates ...
Rulemaking Authority:
Article IV, Section 9, Florida Constitution
Law:
Article IV, Section 9, Florida Constitution
Contact:
Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850) 487-0554.
Related Rules: (6)
68B-53.001. Definitions
68B-53.002. Size Limit
68B-53.003. Harvest Requirements: Harvest for Commercial Purposes; Gear Specifications; Closed Areas
68B-53.004. Recreational Harvest Prohibited; Commercial Limits
68B-53.006. Allowed and Prohibited Gear and Method of Harvest
More ...