The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) sardines rules. The sardines Chapter (68B-29) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-29.002Definitions

68B-29.003Commercial Fishing Season and Harvest Limits for Sardines in the West Central Florida Region; Extraordinary Harvest Limitations

68B-29.004Prohibition of Commercial Sardine Harvest in Tampa Bay Area

68B-29.006Gear that Constitutes Harvest for Commercial Purposes

68B-29.008Area Closed to Harvest for Commercial Purposes

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) sardines rules. The sardines Chapter (68B-29) 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 Additionally, rule language has been clarified and outdated language has been removed.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-29 (Sardines) 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-29.002 follows. See Florida Administrative Code for present text.)

 

68B-29.002 Definitions.

As used in Chapter 68B-29, F.A.C.:

(1) “Sardine” means a fish of the species Sardinella aurita, commonly known as Spanish sardine, or Sardinella brasiliensis, commonly known as orangespot sardine, or any part thereof.

(2) “West Central Florida Region” means the state waters of Pinellas, Hillsborough, and Manatee Counties.

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 4-1-89, Amended 7-15-96, Formerly 46-29.002, Amended 9-1-13.

 

68B-29.003 Commercial Fishing Season and Harvest Limits for Sardines in the West Central Florida Region; Extraordinary Harvest Limitations.

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 4-1-89, Amended 1-1-91, 1-1-95, Formerly 46-29.003, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-29.004 follows. See Florida Administrative Code for present text.)

 

68B-29.004 Vessel Limits; Possession of Sardines as Bait Prohibition of Commercial Sardine Harvest in Tampa Bay Area.

(1) General Vessel Limit – The persons aboard a vessel in the West Central Florida Region may not collectively harvest or land more than 500 pounds of sardines per day or possess more than 500 pounds of sardines, regardless of the number of licensed or license-exempt persons onboard.

(2) Possession of Sardines as Bait – This subsection will not be construed to prohibit the possession of more than 500 pounds of frozen or partially frozen processed packaged sardines for use as bait, or the transiting of state waters with such bait to fish in federal Exclusive Economic Zone waters adjacent to the region.

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 4-1-89, Formerly 46-29.004, Amended 9-1-13.

 

68B-29.006 Gear that Constitutes Harvest for Commercial Purposes.

A person who is harvesting or attempting to harvest sardines with a net or seine that is 100 feet or greater in length is considered to be harvesting sardines for commercial purposes and shall comply with the provisions of this chapter that are applicable to the harvest of sardines for commercial purposes.

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-29.008 Area Closed to Harvest for Commercial Purposes.

A person may not harvest a sardine for commercial purposes in the following area: All waters of Pinellas, Hillsborough, and Manatee Counties east of a line 500 yards west and running parallel to the COLREGS Demarcation Line, between the Pinellas-Pasco County line on the north and the Manatee-Sarasota County line on the south.

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