The purpose of this rule amendment is to correct an error in the recreational bay scallop bag and vessel limits applicable to state waters within the Fenholloway – Suwannee River Zone by modifying the regulations found in ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-18.004Recreational Bag and Vessel Limits; Commercial Harvest Prohibited

PURPOSE AND EFFECT: The purpose of this rule amendment is to correct an error in the recreational bay scallop bag and vessel limits applicable to state waters within the Fenholloway – Suwannee River Zone by modifying the regulations found in 68B-18, Florida Administrative Code (F.A.C.).

The effect of this rule will be to amend the recreational bay scallop bag and vessel limits applicable to state waters within the Fenholloway – Suwannee River Zone from June 15 through June 30 each year to correctly reflect the bag and vessel limits that were approved by the Commission at their regularly scheduled meeting on May 1-2, 2019.

SUMMARY: This rule amendment will modify bay scallop bag and vessel limits for the Fenholloway – Suwannee River Zone from June 15 through June 30 each year to correctly reflect the bag and vessel limits that were approved by the Commission at their regularly scheduled meeting on May 1-2, 2019.

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.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian Street, Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-18.004 Recreational Bag and Vessel Limits; Commercial Harvest Prohibited.

(1) Recreational Limits –

(a) Bag Limits –

1. No change.

2. During the period beginning June 15 and continuing through June 30 each year, a person may not harvest or land per day from the Fenholloway – Suwannee River Zone or possess in or on the Fenholloway – Suwannee River Zone more than 1 gallon of whole bay scallops in the shell, or more than 1 cup pint of bay scallop meat.

(b) Vessel Limits –

1. No change.

2. During the period beginning June 15 and continuing through June 30 each year, the persons aboard a vessel in or on the Fenholloway – Suwannee River Zone may not collectively possess more than 5 10 gallons of whole bay scallops in the shell, or more than 2 pints 1/2 gallon of bay scallop meat, regardless of the number of licensed or license-exempt licensed-exempt harvesters aboard.

3. No change.

(c) No change.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 3-1-95, Formerly 46-18.004, Amended 9-1-13, 1-1-20, ­­­­­          .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 1, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 19, 2022