The purpose of this rule amendment is to update 68E-18.003, Florida Administrative Code to be consistent with s. 379.3671(2)(c)7., Florida Statutes. The effect of this rule would be to clarify that any trap certificates for which the required ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Resources

RULE NO.: RULE TITLE:
68E-18.003: Certificate Allocations and Fees

PURPOSE AND EFFECT: The purpose of this rule amendment is to update Rule 68E-18.003, Florida Administrative Code to be consistent with Section 379.3671(2)(c)7., Florida Statutes. The effect of this rule would be to clarify that any trap certificates for which the required annual fee is not paid for a period of two years revert to the Commission and become ineligible for reissue. The update would not result in any changes to the way FWC manages the trap certificate program because FWC already follows the provisions of the statute.

SUMMARY: Rule 68E-18.003 (Certificate Allocations and Fees) would be amended to state that trap certificates with unpaid annual fees revert to the Florida Fish and Wildlife Conservation Commission after a period of two years, instead of three as was previously the case. This update would mirror the change in Florida statutes that was made in 2010.

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: Section 379.3671, Florida Statutes; Article IV, Section 9, Florida Constitution.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting June 27-28, 2012, 8:30 a.m.– 5:00 p.m., each day

PLACE: PGA National Resort & Spa, 400 Avenue of the Champions, Palm Beach Gardens, FL

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:

68E-18.003 Certificate Allocations and Fees.

(1) No change.

(2) Any certificates for which the annual certificate fee is not paid for a period of two (2) three (3) years shall be considered abandoned and shall revert to the Commission. During any period of trap reduction, any certificates reverting to the Commission shall become permanently unavailable and be considered in that amount to be reduced during the next license-year period. A report of all certificates reduced is furnished by the Division of Marine Fisheries to the FWC pursuant to the annual evaluation process required in Section 379.3671(3), F.S. Certificates reduced from the certificate inventory are not recoverable or otherwise available for use or reissue during the remainder of any year in which there is an annual reduction.

(3) through (9) No change.

PROPOSED EFFECTIVE DATE: July 1, 2012

Rulemaking Specific Authority Article IV, Section 9, Fla. Const. Law Implemented 379.3671 FS. History–New 5-16-95, Formerly 62R-18.003,  Amended 7-1-12.

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.W.

 

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: May 2, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 30, 2012