The purpose of this rule amendment is to eliminate unnecessary language specifying Jan. 1 through Dec. 31 commercial fishing seasons for reef fish and a June 1 through May 31 commercial fishing season for black sea bass in state waters of the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-14.0045Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits

PURPOSE AND EFFECT: The purpose of this rule amendment is to eliminate unnecessary language specifying Jan. 1 through Dec. 31 commercial fishing seasons for reef fish and a June 1 through May 31 commercial fishing season for black sea bass in state waters of the Atlantic. This rule was originally intended to give the Commission the ability to close state waters to commercial harvest of these species when adjacent federal waters were closed due to federal quotas being met or exceeded. However, state rules that specify commercial fishing seasons for reef fish and Atlantic black sea bass are no longer necessary to enforce commercial closures and can be removed. Florida’s Reef Fish rule (68B-14) now requires commercial fishermen harvesting federally-managed reef fish species (including black sea bass) to abide by federal season closures in adjacent state waters, so listing these commercial fishing seasons in state rules is no longer necessary.

The effect of this rule amendment will be to remove unnecessary and confusing language from the Commission’s Reef Fish rule, which will improve enforceability of state rules and make commercial regulations easier to understand.

SUMMARY: The rule amendment will eliminate language specifying Jan. 1 through Dec. 31 commercial fishing seasons for reef fish and a June 1 through May 31 commercial fishing season for black sea bass in state waters of the Atlantic.

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 September 10-11, 2014, 8:30 a.m. – 5:00 p.m. each day

PLACE: Embassy Suites Orlando, 4955 Kyngs Heath Road, Kissimmee, FL 34746

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:

 

68B-14.0045 Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits.

(1) No change.

(2) Season Closures.

(a)1. Except as provided in subparagraph 2., persons harvesting any of the species listed in subsection 68B-14.001(2), F.A.C., for commercial purposes shall have a season that begins on January 1 and continues through December 31 each year.

2. Persons harvesting black sea bass in the Atlantic Ocean for commercial purposes shall have a season that begins June 1 each year and continues through May 31 of the following year.

(b) through (h) renumbered (a) through (g) No change.

(3) Bag and Trip Limits.

(a) through (b) No change.

(c) Amberjack. Except during the three-month closed season specified in paragraph (2)(f)(e), no more than 1,000 pounds of greater amberjack harvested in or from state waters of the Atlantic Ocean shall be possessed aboard any vessel or landed from such a vessel per day.

(d) Red Porgy. Except during the closed season specified in paragraph (2)(g)(f), no more than 50 pounds of red porgy shall be possessed aboard any vessel in or on state waters of the Atlantic Ocean, or landed from such a vessel, per day.

(e) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-90, Amended 12-31-92, 10-18-93, 3-1-94, 6-15-95, 1-1-96, 11-27-96, 12-31-98, 3-1-99, Formerly 46-14.0045, Amended 1-1-00, 3-6-00, 1-1-01, 3-1-01, 6-1-01, 1-1-03, 7-15-04, 5-20-05, 9-16-05, 3-10-06, 7-1-07, 4-1-08, 8-27-09, 1-19-10, 1-12-11, 6-10-13, ________.

 

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: June 18, 2014

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