The purpose of this rule amendment is to allow for haul seine permits to be transferred to a member of the immediate family in the event of death or permanent disability of the permit holder and to reduce the number of required fishing days on Lake ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NOS.:RULE TITLES:

68A-23.001Definitions

68A-23.003Commercial Fishing Devices; Provision for Use in Certain Waters

68A-23.012Special Regulations on Lake Okeechobee

PURPOSE AND EFFECT: The purpose of this rule amendment is to allow for haul seine permits to be transferred to a member of the immediate family in the event of death or permanent disability of the permit holder and to reduce the number of required fishing days on Lake Okeechobee. Additionally, rule language has been clarified and outdated language removed.

The effect of this amendment will be to reduce the hardship on a family business in the event of the death or permanent disability of the permit holder.

SUMMARY: Chapter 68A-23. F.A.C., would be amended to include the definition of immediate family, to allow for haul seine permit transferability on Lake Okeechobee and certain waters in the Southwest Region, and to reduce the number of required fishing days on Lake Okeechobee. Updated haul seine application forms would also be incorporated by reference.

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: Art. IV, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE 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: Mr. Tom Champeau, Director, Division of Freshwater Fisheries Management, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-23.001 Definitions.

As used in this rule chapter:

Immediate family means parents, children, grandchildren, siblings, and spouse.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New_________.

 

68A-23.003 Commercial Fishing Devices; Provision for Use in Certain Waters.

(1) through (8) No change.

(9) Permits may be issued by the executive director to authorize the operation of haul seines in specified areas.

(a) Southwest Region haul seine permits:

1. A maximum of five haul seine permits may be issued for use of haul seines in lakes in the Southwest Region. Permits shall be issued to applicants on a first-come, first-served basis as determined by receipt of a completed haul seine permit application (Haul Seine Permit Application Form HSSWRHSSR2 (7-14), effective 7-1-97found online at: flrules.org, incorporated herein by reference and obtainable at the Southwest Region Office, 3900 Drane Field Road, Lakeland, Florida 33811-1299).

2. In the event of the death or permanent disability of a permittee, the permit may be transferred by the permit holder or the executor of the estate to a member of the immediate family. The Commission must be notified of the transfer prior to renewal of the permit.

3.2. After all permits are issued, the Southwest Region Office shall maintain a waiting list of haul seine permit applicants on a first-come, first-serve basis, as determined from receipt of completed applications. Applicants wishing to maintain their status on the Southwest Region Haul Seine Waiting List shall notify the Southwest Region in writing between June 1 and July 1 of each year.

4.3. When a permit becomes available, the first applicant on the waiting list will be notified by the Commission. Within 120 days from date of notification, the applicant must verify that he or she possesses all equipment, including boats, motors, and nets or provide evidence such as lease agreements, bills of sale, or other documents indicating how equipment will be obtained and that the applicant has been licensed in accordance with Sections 379.363 and 379.3635, F.S. Applicants failing to meet the equipment requirements and other criteria in this section shall be denied a Southwest Region Haul Seine Permit. Haul seine permittees may not share equipment. No person shall be issued more than one haul seine permit, and permits are not transferable except for as provided above.

4. through 10. renumbered 3. through 11. No change.

12.11. Denial, revocation, suspension, or non-renewal of haul seine permits or designations of assistant captains shall be administered in accordance with provisions of this rule section and Rule 68-1.010, F.A.C. Permittees shall provide evidence of valid licenses required pursuant to Sections 379.363 and 379.3635, F.S., prior to renewal of the Southwest Region Haul Seine Permit. A Southwest Region Haul Seine Harvest Report (Report GFC Form HSSWR HSRR1 (7-14), found online at: flrules.org effective 7-1-97, incorporated herein by reference and obtainable at the Southwest Region Office) shall be completed by each permittee and furnished to the Southwest Region Office by June 1 of each year.

(b) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 10-23-79, 5-19-80, 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-23.03, Amended 6-1-86, 4-13-88, 7-1-90, 1-1-92, 7-1-92, 10-22-92, 4-20-93, 7-1-95, 4-1-96, 7-1-97, 7-1-98, Formerly 39-23.003, Amended 7-1-08, 8-27-09, 3-24-13, _____________.

 

68A-23.012 Special Regulations on Lake Okeechobee.

(1) Freshwater game fish (except black bass, striped bass, or black crappie) may be possessed for commercial purposes by persons licensed in accordance with Sections 379.363 and 379.3635, F.S., within the area of Lake Okeechobee bounded on the east by Highway 441 from Okeechobee City to Belle Glade; on the south by State Road 80 from Belle Glade to South Bay; on the south and west by Highway 27 from South Bay north to the junction of Highway 27 and State Road 78; on the west and north by State Road 78 north to the junction of Highway 441; and in the incorporated city limits of all municipalities located on such boundary roads and highways as provided by this section. Such fish may be harvested, for commercial purposes, only under permit by the use of haul seines and as specified herein. All freshwater game fish shall be transported to the designated tagging station and immediately tagged as specified herein. Only permitted and licensed haul seiners may be tagging agents and may only tag fish caught pursuant to their own haul seine operation.

(a) through (b) No change.

(c) Each permit shall be fished a minimum of 70 days at least two (2) days per week, averaged annually, unless otherwise authorized by the assistant executive director due to exigent circumstances. Failure to comply may result in non-renewal of said permit.

(3) Permits for haul seines:

(a) Haul seines as specified herein may be used by persons licensed under Sections 379.363 and 379.3635, F.S., for taking non-game fish, bluegill, redear sunfish (shellcracker), and warmouth under authority of a permit from the executive director. A maximum of 10 haul seine permits shall be issued to applicants on a first-come, first-served basis as determined by receipt of a completed haul seine permit application (Haul Seine Permit Application Form HSSR, found online at: flrules.org, effective 07-01-2014, incorporated herein by reference) upon submission of the gear license fee, except as otherwise provided in this rule. In the event of the death or permanent disability of a permittee, the permit may be transferred by the permit holder or the executor of the estate to a member of the immediate family. The Commission must be notified of the transfer prior to renewal of the permit. After all available permits have been issued, the Commission shall maintain the first-come, first-served status of said applicants on a list. As permits become available for issuance, the executive director shall issue said permits to the applicants on said list in chronological order, except as otherwise provided in this rule. Upon being notified that they have been selected for inclusion in the program, the applicants shall, within 60 days, provide evidence that they have purchased and possess all necessary equipment, including boat(s), motor(s) and net(s), and have designated an assistant/captain. Failure to comply will result in denial of said permit. Equipment shall not be shared by permittees.

(b) through (f) No change.

(4) No change.

(5) Tagging:

(a) No change.

(b) Each permittee shall be responsible for the tagging of his own fish and only said permittee shall purchase tags. Tags will be provided by the Commission at a cost of five cents per tag. Permittees shall be responsible for the proper tagging of their fish and are strictly liable for any misappropriation thereof. Fish shall be tagged immediately upon arrival at the tagging site and prior to storage or, if a delay is necessary, shall be labeled so as to be readily traceable to the permittee. Permittees shall execute a contract of agreement with the Commission (GFC Form TA 1000, effective April 15, 1992 incorporated herein by reference, and available from the Commission) to tag fish at a designated location, and may be required to relinquish all tagging rights upon receipt of verified information and belief by the executive director that the permittee has violated any commercial fishing regulation governing Lake Okeechobee. In determining whether to require a permittee to relinquish his tagging rights, the executive director shall consider the standards and criteria set forth in Rule 68-1.010, F.A.C. Breach of contract shall result in immediate denial of the delivery of fish tags by the Commission to the tagging agent.

(c) through (e) No change.

(6) through (7) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3635, 379.377 FS. History–New 8-1-79, Amended 11-8-79, 5-19-80, 6-22-80, 6-15-81, 6-21-82, 12-14-82, 7-1-84, 7-1-85, 9-19-85, Formerly 39-23.12, Amended 6-1-86, 2-21-88, 4-4-91, 4-15-92, 7-1-97, 7-1-98, Formerly 39-23.012, Amended 8-27-09, 3-24-13, 1-7-14, ___________.

 

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: Mr. Tom Champeau, Director, Division of Freshwater Fisheries Management, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399 [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 19, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 9, 2014