The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) sponges rule. The sponges Chapter (68B-28) has been reformatted to simplify the rule language, ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-28.002Definitions

68B-28.003Diving: Open and Closed Areas

68B-28.0035Commercial Sponge Size Limit and Gear

68B-28.0036Recreational Bag Limit; Commercial Licensing Requirements

68B-28.004Biscayne National Park: Harvest of Sponges Prohibited

68B-28.006Restrictions on Gear and Method of Harvest

68B-28.0061Harvest of Commercial Sponge by Diving

68B-28.007Prohibited Sale

68B-28.008Harvest of Sponges Prohibited in Biscayne National Park

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) sponges rule. The sponges Chapter (68B-28) 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 Additionally, rule language has been clarified and outdated language has been removed.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-28 (Sponges) 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, 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-28.002 follows. See Florida Administrative Code for present text.)

 

68B-28.002 Definitions.

As used in Chapter 68B-28, F.A.C. and 379.248, F.S.:

(1) “Sponge” means any animal of the Phylum Porifera, or part thereof.

(2) “Commercial sponge” means an animal of the Order Dictyoceratida, or part thereof. This Order includes the sheepswool, yellow, grass, glove, finger, wire, reef, and velvet sponges.

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 10-1-88, Amended 5-5-91, Formerly 46-28.002, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-28.003 follows. See Florida Administrative Code for present text.)

 

68B-28.003 Size Limit Diving: Open and Closed Areas.

A person may not harvest or land from Florida Waters or possess in or on Florida Waters a commercial sponge that when wet is less than 5 inches in its greatest dimension measured across the top of the sponge.

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 10-1-88, Amended 10-1-90, Formerly 46-28.003, Amended 7-1-07, Amended 9-1-13.

 

68B-28.0035 Commercial Sponge Size Limit and 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 5-13-02, Amended 3-1-05, 7-1-07, Repealed 9-1-13.

 

68B-28.0036 Recreational Bag Limit; Commercial Licensing Requirements.

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 5-13-02, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-28.004 follows. See Florida Administrative Code for present text.)

 

68B-28.004 Recreational Bag Limit; Exception for Commercial Harvest Biscayne National Park: Harvest of Sponges Prohibited.

(1) Recreational Bag Limit – A recreational harvester may not harvest per day within or without Florida Waters, land per day, or possess in or on Florida Waters more than 10 pieces of commercial sponge.

(2) Exception for Commercial Harvest – A person may not exceed the recreational bag limit established in subsection (1), unless that person is in possession of a valid saltwater products license with a Sponge Endorsement.

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 5-5-91, Formerly 46-28.004, Amended 9-1-13.

 

68B-28.006 Restrictions on Gear and Method of Harvest.

(1) Harvest of Commercial Sponge by Hook – A person may use a hook that is 5 inches in width to remove a commercial sponge from Florida Waters. A person may not remove a commercial sponge from Florida Waters with a hook that is larger or smaller than 5 inches in width.

(2) Harvest of Commercial Sponge by Diving – Except as provided in Section 68B-28.0061, F.A.C., a person may not harvest a commercial sponge from Florida Waters by diving. A person diving for commercial sponges must remove any sponge attached to the bottom by cutting it. Such a person may not remove a commercial sponge by pulling it from the bottom.

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-28.0061 Harvest of Commercial Sponge by Diving.

(1) Prohibited Harvest of Commercial Sponge by Diving – Except in the areas described in paragraphs (2)(a) and (2)(b), a person may not harvest a commercial sponge from Florida Waters by diving.

(2) Areas Open to the Harvest of Commercial Sponge by Diving –

(a) A person may harvest a commercial sponge by diving in the Florida Waters north of a line extended due west from the southernmost point of Egmont Key, northward and westward to the north-south line represented by 85°21'23.04'', which meets the coast near the Cape San Blas lighthouse.

(b) A person may harvest a commercial sponge by diving in the Florida Waters beyond three nautical miles from the shoreline south of a line extended due west from the southernmost point of Egmont Key, southward and eastward to a line extended due west from the coastal boundary between Monroe and Collier Counties (25°, 48 min. N. latitude).

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-28.007 Prohibited Sale.

A person may not sell a commercial sponge, unless they are in possession of a valid saltwater products license with a Sponge Endorsement.

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-28.008 Harvest of Sponges Prohibited in Biscayne National Park.

A person may not harvest or land a sponge in or from the waters of Biscayne National Park or possess a sponge harvested from the waters of Biscayne National Park.

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