The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) hard clams rules. The hard clams Chapter (68B-17) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-17.002Definitions

68B-17.003Hard Clams, Minimum Size Limits

68B-17.004Hard Clams, Hours of Taking and Transporting

68B-17.005Regulation of Vessels and Harvesting Gear

68B-17.006Allowed and Prohibited Gear and Methods of Harvest

68B-17.0061Specifications and Requirements for Allowed gear and Methods of Harvest; Required equipment; Time of Day when Harvest and Transport is Prohibited

68B-17.007Recreational Bag Limit

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) hard clams rules. The hard clams Chapter (68B-17) 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 Additionally, rule language has been clarified and outdated language has been removed.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-17 (Hard Clams) 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 [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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 68B-17.002 follows. See Florida Administrative Code for present text.)

 

68B-17.002 Definitions.

“Hard clam” means any species of wild or feral hard clam of the genus Mercenaria, or a part 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 1-1-85, Formerly 46-17.02, Amended 4-11-94, 11-27-96, Formerly 46-17.002, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-17.003 follows. See Florida Administrative Code for present text.)

 

68B-17.003 Hard Clams, Minimum Size Limits; Sorting Requirement; Size Tolerance.

(1) Size Limit – A person may not harvest or land from Florida Waters or possess in or on Florida Waters a hard clam that is less than 1 inch in thickness across the hinge.

(2) Sorting Requirement – A person harvesting hard clams shall sort the hard clams immediately after they are taken.

(a) Immediately after sorting, a person harvesting hard clams shall return alive to the place where taken each hard clam that is less than 1 inch in thickness across the hinge.

(b) The person(s) aboard a vessel in or on Florida Waters may not collectively possess more than 1 bushel of unsorted hard clams.

(c) A person may not possess unsorted hard clams aboard a vessel that is under power.

(3) Size Tolerance – A person may possess undersize hard clams if, by count of the hard clams in any individual bag, package, or container, 3% or less of the hard clams are undersize.

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 1-1-85, Formerly 46-17.03, Amended 3-15-87, 11-1-89, 4-11-94, 11-27-96, Formerly 46-17.003, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-17.004 follows. See Florida Administrative Code for present text.)

 

68B-17.004 Bag and Vessel Limits Hard Clams, Hours of Taking and Transporting.

(1) Recreational Limits –

(a) Bag Limit – A recreational harvester may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 5 gallons of hard clams (unshucked).

(b) Vessel Limit – The persons aboard a vessel in or on Florida Waters may not collectively possess more than 10 gallons of hard clams, regardless of the number of licensed or license-exempt persons onboard. This provision will not be construed to authorize harvest or possession of hard clams in excess of the applicable bag limits.

(2) Commercial Limits – A commercial harvester is not subject to a harvest or possession limit for hard clams.

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 1-1-85, Formerly 46-17.04, 46-17.004, Amended 9-1-13.

 

68B-17.005 Regulation of Vessels and Harvesting Gear.

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 1-1-85, Formerly 46-17.05, Amended 3-15-87, 4-11-94, 11-27-96, Formerly 46-17.005, Repealed 9-1-13.

 

68B-17.006 Allowed and Prohibited Gear and Methods of Harvest.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a hard clam from Florida Waters only by or with the use of feet, hands, rakes that meet the specifications in Section 68B-17.0061, F.A.C., or tongs that meet the specifications in Rule 68B-17.0061, F.A.C.

(2) Prohibited Gear and Method of Harvest –

(a) A person may not harvest or attempt to harvest a hard clam from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(b) A person may not harvest hard calms with a rake, dredge, or other mechanical device that is pulled under power, unless they are harvesting hard clams pursuant to a valid Special Activity License issued by the Commission according to the provisions of Section 379.2525(2)(a), F.S.

(c) A person may not use a rake, dredge, or other mechanical device to harvest hard clams in a grass bed.

(d) A person may not use wire or net in the basket of an implement that is used to harvest hard clams manually.

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-17.0061 Specifications and Requirements for Allowed gear and Methods of Harvest; Required Equipment; Time of Day when Harvest and Transport is Prohibited.

(1) Specifications and Requirements for Allowed Gear –

(a) Specifications for Rakes – A person may not harvest a hard clam with a rake that has less than 7/8 inch of clear space between the teeth on the horizontal harvesting surface of the rake. A person may not harvest a hard clam with a rake that has less than 7/8 inch clear space between the bars or dividers of any basket attached to the rake.

(b) Specifications for Tongs - A person may not harvest a hard clam with tongs that have less than 7/8 inch clear space between the teeth on the horizontal harvesting surface of the tongs. A person may not harvest a hard clam with tongs that have less than 7/8 inch clear space between the bars or dividers of any basket attached to the tongs.

(c) A person may not use a use a rake, dredge or other mechanical device manually to harvest hard clams if the engine of any vessel used in connection with the harvest of the hard clams is running. A person using a rake, dredge or other mechanical device manually to harvest hard clams shall turn off the engine of any vessel used in connection with the harvest of the hard clams prior to using any of the gear and may not restart the engine while the gear is in use.

(2) Required Equipment for Harvest of Hard Clams –

(a) A person may not use a vessel in connection with harvest or transport of hard clams unless the vessel is equipped with a shade. A person who is using a vessel in connection with the harvest or transport of hard clams shall use the shade to shield the hard clams onboard the vessel from the sun at all times.

(b) A person may not use a vessel in connection with harvest of hard clams unless the vessel is equipped with at least one cull board or cull rack that meets the following specifications:

1. All cull boards, cull racks, and other devices used shall have a clear space between the bars or other dividers;

2. The clear space between the bars or dividers shall remain unobstructed at all times; and

3. A person may not use wire, netting, or other material over or between the bars or dividers that would prevent clams less than 1 inch in size from falling through the clear space between the bars or dividers.

(3) Time of Day when Harvest and Transport is Prohibited –

(a) A person may not harvest or attempt to harvest a hard clam from Florida Waters during the period of prohibited harvest. A person may not possess or transport a hard calm in or on Florida Waters during the period of prohibited harvest. The period of prohibited harvest begins 30 minutes after official sunset and ends 30 minutes before official sunrise. The U.S. Weather Service establishes and publishes the time of official sunset and official sunrise for each day of the year.

(b) Paragraph (3)(a) does not apply to a dredge operation permitted under paragraph 68B-17.006(2)(b), 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.

 

68B-17.007 Recreational Bag Limit.

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 4-11-94, Formerly 46-17.007, Repealed 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, [phone]

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