The purpose of this proposed rule amendment is clarifying rule language and correcting a punctuation error related to income qualification requirements for the restricted species endorsement (RS) that may lead to confusion. ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-2.006Restricted Species Endorsement

PURPOSE AND EFFECT: The purpose of this proposed rule amendment is clarifying rule language and correcting a punctuation error related to income qualification requirements for the restricted species endorsement (RS) that may lead to confusion. The effect of this rule amendment would be to correct grammar and clarify that income qualification requirements apply to persons 16 years of age or older as well as to firms and for-profit corporations. This rule amendment aligns with the intent of the rule and will not modify the current practice for issuance of the RS.

SUMMARY: The RS is a commercial fishing endorsement that allows a person or entity with a Saltwater Products License (SPL) to harvest commercial quantities of saltwater species designated as “restricted species” by the Florida Fish and Wildlife Conservation Commission (FWC) and sell them to licensed wholesale seafood dealers. The RS is issued at no cost to SPL holders who either meet income qualification requirements associated with the sale of saltwater products or qualify for an exception to income requirements. The RS was created to professionalize Florida’s commercial fishing industry and prevent recreational harvesters from purchasing an SPL to circumvent recreational bag limits.

 

This rule amendment would correct grammar and clarify rule language that may lead a person to misinterpret the applicability of the income qualification requirements for the issuance of an RS. This amendment would clarify that income qualification requirements apply to persons 16 years of age or older as well as to firms and for-profit corporations. This amendment aligns with the intent of the rule and will not change the current practice for issuance of the RS.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-2.006 Restricted Species Endorsement.

(1) A restricted species endorsement on the saltwater products license is required to sell to a licensed wholesale dealer those species which the state, by law or rule, has designated as “restricted species.” This endorsement shall be issued only to a person who is at least 16 years of age, or to a firm, each of which must certify certifying that over 25% percent of their its income or $5,000 of their its income, whichever is less, is attributable to the sale of saltwater products pursuant to a saltwater products license issued under Section 379.361(2), F.S., or a similar license from another state. This endorsement may also be issued to a for-profit corporation if it certifies that at least $5,000 of its income is attributable to the sale of saltwater products pursuant to a saltwater products license or a similar license from another state. However, if at least 50% percent of the annual income of a person, firm, or for-profit corporation is derived from charter fishing, the person, firm, or for-profit corporation must certify that at least $2,500 of the income of the person, firm, or corporation is attributable to the sale of saltwater products pursuant to a saltwater products license issued or a similar license from another state, in order to be issued the endorsement. Such income attribution must apply to at least 1 of the last 3 years. For the purpose of this rule, “income” means that income that is attributable to work, employment, entrepreneurship, pensions, retirement benefits, and social security benefits.

(2) through (4) No change.

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 11-11-12, Amended 9-1-13, 10-16-14, 7-1-15, 12-28-16,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 1, 2023