The purpose of these rule amendments is to allow the Executive Director or his designee to issue permits to tournaments or other approved organized events for the purposes of harvesting lionfish or other non-native invasive species with spearfishing ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-20.003Spearing, Statewide Regulation; Prohibition Against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts

68B-20.004Exception to Statewide Spearing Prohibitions

PURPOSE AND EFFECT: The purpose of these rule amendments is to allow the Executive Director or his designee to issue permits to tournaments or other approved organized events for the purposes of harvesting lionfish or other non-native invasive species with spearfishing gears in areas where spearing is otherwise prohibited. Spearfishing is among the most effective means of removing invasive lionfish and area-specific prohibitions on spearfishing limit the public’s ability to remove lionfish from those locations.

The effect of the rule amendments would be the creation of a permitting process that would allow participants in authorized tournaments or events to use spearfishing gears to harvest lionfish or other non-native invasive species in areas where spearing is otherwise prohibited.

SUMMARY: The rule amendments would allow the Executive Director or his designee to issue permits to tournaments or events to allow the harvest of lionfish or other non-native invasive species using spearfishing gears in areas where spearing is otherwise prohibited.

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-20.003 Spearing, Statewide Regulation; Prohibition Against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts.

(1) No change.

(2) Except as provided in Rule 68B-20.004, F.A.C., spearfishing Spearfishing is hereby prohibited:

(a) through (e) No change.

(3) through (8) No change.

PROPOSED EFFECTIVE DATE: August 1, 2014

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 6-17-85, Amended 1-1-98, Formerly 46-20.003, Amended 6-30-13, 8-1-14.

 

 

68B-20.004 Exception to Statewide Spearing Prohibitions.

(1) Notwithstanding anything to the contrary in Rule 68B-20.003, F.A.C. or Section 379.2425, F.S., upon request and with reasonable assurance that the take will not harm the environment nor be a danger to public health or safety, the Executive Director, or his designee, shall issue permits authorizing the harvest of non-native marine species by spearfishing from areas where the activity is otherwise prohibited. The permit shall be for the limited purpose of facilitating the removal of non-native species from Florida Waters.

(2) Permits shall only be issued to the director of an organized tournament or event. For the purposes of this rule, an “organized tournament or event” means a fishing competition or other event that involves ten or more participants.

(3) The permit shall only be issued for an organized tournament or event that does not unduly impact resources, interfere with other users, or impose significant risks to public health and safety.

(4) Permits shall be valid for a period of no longer than one week and only for harvest from the areas specified in the permit.

(5) The Commission shall impose upon any permit such reasonable conditions as are necessary to assure that the event or activity authorized will limit liability to the agency and protect fish, wildlife, and natural and cultural resources.

(6) All individuals participating in an organized tournament or event for which a permit to take lionfish has been issued shall have a copy of the permit in his or her possession at all times when conducting activities authorized by the permit.

(7) Violations of this rule or of the terms of the permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

(8) The authority granted under this section shall not exempt any person from purchasing a saltwater fishing license as required by Section 379.354, F.S.

(9) The permit shall not authorize any activities within the Florida Keys National Marine Sanctuary, within the boundaries of a federal park or other waters managed by the United States Department of the Interior, or within any state park or any other waters managed by the Florida Department of Environmental Protection unless it is accompanied by any and all permits that may be required by the National Oceanic and Atmospheric Association, the Department of the Interior, or the Florida Department of Environmental Protection for such activities or events.

PROPOSED EFFECTIVE DATE: August 1, 2014

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

 

 

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: April 7, 2014