The purpose of this rule amendment is to modify the Florida Fish and Wildlife Conservation Commission’s (Commission) spiny lobster regulations, Chapter 68B-24, Florida Administrative Code (F.A.C.), that establish the pre-season spiny lobster trap ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-24.005Seasons

PURPOSE AND EFFECT: The purpose of this rule amendment is to modify the Florida Fish and Wildlife Conservation Commission’s (Commission) spiny lobster regulations, Chapter 68B-24, Florida Administrative Code (F.A.C.), that establish the pre-season spiny lobster trap soak period and the post-season spiny lobster trap removal period.

The effect of this rule amendment will be to modify the pre-season spiny lobster trap soak period to begin the Saturday following the recreational spiny lobster sport season (mini-season), and to increase the amount of time allowed for commercial harvesters to remove spiny lobster traps from Florida waters from 5 days to 10 days after the end of the harvest season. These regulatory changes are intended to allow commercial spiny lobster trap fishers to take full advantage of the open harvest season and are in response to requests from the commercial spiny lobster fishery.

SUMMARY: This rule amendment will modify the pre-season spiny lobster trap soak period to begin the Saturday following the recreational spiny lobster sport season (mini-season) each year, and will increase the amount of time allowed for commercial harvesters to remove spiny lobster traps from Florida waters from 5 days to 10 days after the end of the harvest season.

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 DATE, TIME AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting September 26-27, 2018, 8:30 a.m. – 5:00 p.m.

PLACE: Florida Public Safety Institute, 85 Academy Drive, Havana, FL 32333

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-24.005 Seasons.

(1) through (2) No change.

(3) Harvesters of spiny lobster using traps may bait and place their traps in the water beginning on the Saturday immediately following the recreational sport season established in subsection (2) August 1 of each year. Harvest or sale of spiny lobster from such traps during the “soak” period prior to the beginning of the season is prohibited.

(4) All traps used for harvest of spiny lobster shall be removed from state waters by April 10 5 of each year. All spiny lobster taken from traps after the close of a season on March 31 shall be returned to the water free, alive, and unharmed. The Division of Law Enforcement of the Fish and Wildlife Conservation Commission shall grant an extension for the retrieval of traps up to a maximum of 10 days after the expiration of the 10 5-day retrieval period, or a total of up to 20 15 days after the close of the spiny lobster season, upon the following conditions:

(a) through (d) No change.

(5) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 3-1-92, 7-1-92, 6-1-94, Formerly 46-24.005, Amended _____.

 

PROPOSED EFFECTIVE DATE: November 1, 2018

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: 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 20, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018