The purpose of the proposed rule amendments is to eliminate language in the lionfish rule that prohibits the harvest of lionfish while diving with a rebreather and add a reference to 68B-4.012, FAC, which is being modified to allow for this activity....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-5.006Lionfish

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to eliminate language in the lionfish rule that prohibits the harvest of lionfish while diving with a rebreather and add a reference to Rule 68B-4.012, F.A.C., which is being modified to allow for this activity. In addition, the rule modifications would reference new prohibitions on the importation of live lionfish and lionfish aquaculture proposed under Rule 68-5, F.A.C.

The effect of the rule amendments would be the creation of additional opportunities for the removal of the invasive species from Florida waters and the inclusion of cross-references to other rules related to lionfish to help the public navigate and locate lionfish-related regulations.

SUMMARY: Rule 68B-5.006, F.A.C., will be modified to eliminate language prohibiting persons diving by means of a rebreather to possess and harvest lionfish from state waters and reference prohibitions on the importation of live lionfish and lionfish aquaculture found in Rule 68-5, F.A.C.

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, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting June 17-19, 2014, 8:30 a.m. – 5:00 p.m.

PLACE: Crowne Plaza – Ft. Myers at Bell Tower Shops, 13051 Bell Tower Drive, Ft. Myers, FL 33907

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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-5.006 Lionfish.

(1) For purposes of this rule:

(a) No change.

(b) “Lionfish” means any fish of the genus species Pterois volitans or Pterois miles, or any part thereof.

(2) through (3) No change.

(4) The harvest of lionfish while using a rebreather is allowed in accordance with Nothing herein shall be interpreted as allowing harvest while using a rebreather as prohibited by subsection 68B-4.012(2), F.A.C.

(5) In accordance with Rule 68-5.005, F.A.C., the importation of live lionfish and the aquaculture of lionfish are prohibited.

PROPOSED EFFECTIVE DATE: August 1, 2014

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-21-13, Amended 8-1-14.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2014