The purpose of this proposed amendment is to update citations that reference rules in Chapter 68B-31, F.A.C., to correspond to a reorganization of that rule chapter. The effect of this rulemaking would be to maintain accurate ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-53.0061Gear Specifications; Prohibited Areas

PURPOSE AND EFFECT: The purpose of this proposed amendment is to update citations that reference rules in Chapter 68B-31, F.A.C., to correspond to a reorganization of that rule chapter. The effect of this rulemaking would be to maintain accurate citations in Rule 68B-53.0061, F.A.C.

SUMMARY: This rule amendment would update citations that reference rules in Chapter 68B-31, F.A.C., to correspond to a reorganization of Florida’s shrimp regulations so that citations in 68B-53.0061, F.A.C., are correct.

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 St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-53.0061 Gear Specifications; Prohibited Areas.

(1) Otter Trawl Specifications –

(a) through (d) No change.

(e) Such trawls, to the extent that they meet each provision of this rule, shall be exempt from the Turtle Excluder Device (TED) requirement of subsection 68B-31.006(3) Rule 68B-31.004, F.A.C., and the applicable regional Bycatch Reduction Device (BRD) requirements requirement of Chapter 68B-31, F.A.C.

(2) Prohibited Areas –

(a) through (b) No change.

(c) No otter trawl shall be used in the directed harvest of calico scallops within all waters closed to the use of otter trawls for the harvest of shrimp, during the time periods indicated, as specified in subsection 68B-31.005(2), F.A.C. Rules 68B-31.0156, paragraph 68B-31.008(2)(b), F.A.C. 68B-31.016, Rule 68B-38.001, F.A.C., and subsection 68B-31.0063(5) Rule 68B-38.002, F.A.C.

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

 

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 2, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2024