Emergency Reinstatement of Blue Crab Endorsement Moratorium and Suspension of Implementation of the Blue Crab Limited Entry Endorsement Program  


  • RULE NO: RULE TITLE
    68BER06-1: Emergency Reinstatement of Blue Crab Endorsement Moratorium and Suspension of Implementation of the Blue Crab Limited Entry Endorsement Program
    SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The 1998 Florida Legislature imposed a moratorium on new blue crab endorsements at the request of the commercial blue crab industry, with the support of the Florida Marine Fisheries Commission, while an effort management or limited entry program was being developed by the Commission and the industry. That moratorium was extended by the new Florida Fish and Wildlife Conservation Commission in 2002 and again in 2005, as the new program approached completion. The original and continuing purpose of the endorsement moratorium was to stabilize the fishery by not allowing new entrants prior to implementation of an effort management plan. Pursuant to the provisions of Rule 68B-45.004(9) (a), F.A.C., the moratorium is scheduled to expire July 1, 2006.
    The Fish and Wildlife Conservation Commission has adopted rules that would implement the final effort management plan for the commercial blue crab fishery that would take effect July 1, 2006. Indispensable to the program are the penalties applicable to specific requirements and prohibitions in the implementing rules of the Commission and fees to be charged by the Commission under the program. These penalties and fees are not within the authority of the Commission to set, but rather are constitutionally the responsibility of the Florida Legislature. In the recently-concluded legislative session, the bill that would have set those penalties and fees failed to pass.
    Without the penalties and fees necessary to the program, the Commission finds that implementation of the blue crab effort management program would be detrimental to the commercial blue crab fishery and imperil any success that might be expected from immediate implementation of the program. Therefore, the Commission also finds that there is an immediate danger to the public welfare if immediate action is not taken to stop implementation of the program and reimpose the moratorium on issuance of new commercial blue crab endorsements.
    It is the intent of the Commission to immediately begin regular rulemaking to extend the moratorium on issuance of new blue crab endorsements, and delay the start of the new effort management program for this fishery, for one year, to allow time for the establishment of appropriate penalties and fees by the Florida Legislature. This action will provide the opportunity to make sure that all parts of this important plan are implemented at the same time, to avoid confusion among the participants in the fishery.
    REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:
    SUMMARY: Emergency Rule 68BER06-1 extends the moratorium on issuance of new blue crab endorsements as it exists in Rule 68B-45.004(9) (b), F.A.C., for the pendency of the emergency rule. The emergency rule also suspends implementation of the Blue Crab Limited Entry Endorsement Program pursuant to Rule 68B-45.007, F.A.C., during the same period. An intention is stated to continue the moratorium until July 1, 2007, and to suspend the program’s implementation until the same date.
    THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764

    THE FULL TEXT OF THE EMERGENCY RULE IS:

    During the period of effectiveness of this emergency rule, paragraph (9)(b) of Rule 68B-45.004, F.A.C., is amended to read:

     

    68BER06-1 (68B-45.004) Emergency Reinstatement of Blue Crab Endorsement Moratorium and Suspension of Implementation of the Blue Crab Limited Entry Endorsement Program Regulation and Prohibition of Certain Harvesting Gear.

    (1) through (a) No change.

    (b) Notwithstanding Section 370.135(2)(a), F.S., effective July 1, 2006 2002, and until July 1, 2007 2006, no blue crab endorsements, except those endorsements that were active during the 2005-2006 2001-2002 fiscal year, shall be renewed or replaced. In 2002 and in subsequent years until July 1, 2006, Persons or corporations holding a blue crab endorsement that was active in the 2005-2006 2001-2002 fiscal year or an immediate family member of that person must request renewal of the blue crab endorsement before September 30, 2006 of each year. All provisions of Sections 370.135(2)(c)-(e), F.S., shall continue to apply to the issuance and renewal of blue crab endorsements with the applicable dates specified in this paragraph.

    (c) through (10) No change.

    EFFECTIVE DATE July 1, 2006.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 1-1-95, 10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 7-1-06.

     

    THIS RULE TAKE EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE ARE SPECIFIED IN THIS RULE.

    THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
    EFFECTIVE DATE: July 1, 2006

Document Information

Effective Date:
7/1/2006
Summary:
Emergency Rule 68BER06-1 extends the moratorium on issuance of new blue crab endorsements as it exists in Rule 68B-45.004(9) (b), F.A.C., for the pendency of the emergency rule. The emergency rule also suspends implementation of the Blue Crab Limited Entry Endorsement Program pursuant to Rule 68B-45.007, F.A.C., during the same period. An intention is stated to continue the moratorium until July 1, 2007, and to suspend the program’s implementation until the same date.
Purpose:
The 1998 Florida Legislature imposed a moratorium on new blue crab endorsements at the request of the commercial blue crab industry, with the support of the Florida Marine Fisheries Commission, while an effort management or limited entry program was being developed by the Commission and the industry. That moratorium was extended by the new Florida Fish and Wildlife Conservation Commission in 2002 and again in 2005, as the new program approached completion. The original and continuing purpose of ...
Contact:
James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764