The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) jellyfish rules. The jellyfish Chapter (68B-51) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-51.001Jellyfish: Gear Specifications and Prohibited Gear; Bycatch Prohibition; Definitions

68B-51.002Definitions
68B-51.006Allowed and Prohibited Gear and Method of Harvest; Bycatch of Other Species Prohibited

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) jellyfish rules. The jellyfish Chapter (68B-51) 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 Additionally, rule language has been clarified and outdated language has been removed.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-51 (Jellyfish) 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:

 

68B-51.001 Jellyfish: Gear Specifications and Prohibited Gear; Bycatch Prohibition; Definition.

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 8-1-96, Formerly 46-51.001, Repealed 9-1-13.

68B-51.002 Definitions.

“Jellyfish” means all species of the genera Rophilema and Stomopholus.

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-51.006 Allowed and Prohibited Gear and Method of Harvest; Bycatch of Other Species Prohibited.

(1) Allowed Gear and Method of Harvest – A person may harvest a jellyfish from Florida Waters only by or with the use of the following gear:

(a) Cast Net – with a radius 12 1/2 feet or less.

(b) Beach or Haul Seine

(c) Paired Trawl –

1. All Florida Waters

a. Minimum Mesh Size in the Wing Portion of the Trawl – 3 1/2 inch stretched mesh or greater

b. Minimum Mesh Size in the Bag Portion of the Trawl – 1 1/2 inch stretched mesh or greater.

c. Maximum Number – 2 paired trawls per vessel or fewer (including all trawls being fished).

2. Beyond Nearshore Florida Waters –

a. Maximum Mesh Area – 3,000 square feet or less.

b. Maximum Combined Total Mesh Area – Combined mesh area of 3,000 square feet or less for all paired trawls including trawls being fished.

(d) Wing Net –

1. Maximum Perimeter – 40 feet or less

2. Maximum Number –2 wing nets per vessel or fewer.

(e) Frame Net –

1. Maximum Perimeter – 40 feet or less.

2. Maximum Number –1 frame net per vessel.

(f) Hand Dip Net – The persons aboard a vessel may not harvest or attempt to harvest a jellyfish using more than 2 hand dip nets.

(2) Prohibited Gear and Method of Harvest – A person may not harvest a jellyfish from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(3) Bycatch of Other Species Prohibited – A person who is harvesting or attempting to harvest jellyfish from Florida Waters may not harvest or possess any species other than jellyfish.

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, [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