The purpose of this rulemaking is to create a Recreational Blue Crab Trap Registration system within the Florida Fish and Wildlife Conservation Commission’s (Commission) blue crab regulations (68B-45, Florida Administrative Code), which would ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-45.004Regulation and Prohibition of Certain Harvesting Gear

68B-45.011Recreational Blue Crab Trap Registration Requirement

PURPOSE AND EFFECT: The purpose of this rulemaking is to create a Recreational Blue Crab Trap Registration system within the Florida Fish and Wildlife Conservation Commission’s (Commission) blue crab regulations (68B-45, Florida Administrative Code), which would improve estimates of participation and fishing effort in the recreational blue crab trap fishery, and would improve recreational harvest data collection by identifying the population of recreational harvesters targeting blue crabs with traps.

The effect of this rulemaking will be to require certain recreational harvesters to report their intention to harvest or attempt to harvest blue crabs using traps in Florida waters by completing the Recreational Blue Crab Trap Registration each year. Additionally, this rulemaking will require recreational harvesters to permanently mark each trap used to target blue crabs in Florida waters with unique recreational blue crab trap identification numbers assigned by the Commission.

SUMMARY: This rulemaking would create a Recreational Blue Crab Trap Registration system, which would require certain recreational harvesters to report their intention to harvest or attempt to harvest blue crabs using traps in Florida waters each year. This rulemaking would also require recreational harvesters to permanently mark each trap used to target blue crabs in Florida waters with unique recreational blue crab trap identification numbers assigned by the Commission.

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-45.004 Regulation and Prohibition of Certain Harvesting Gear.

(1) Except as provided in subsections (2), (3), (4), (5) and (6), below, the following types of gear shall be the only types of gear allowed for the harvest of blue crab in or from state waters:

(a) Traps meeting the following specifications:

1. through 3. No change.

4. a. In addition to the requirements of subparagraph (1)(a)2., the The buoy attached to each trap used to harvest blue crab, other than those used to harvest for commercial purposes, shall have a legible “R”, at least two inches high, permanently affixed to it. A buoy is not required on a trap fished from a dock.

b. Each trap used to harvest blue crab, other than those used to harvest for commercial purposes, The trap shall have the harvester’s full name, and address, and unless exempt pursuant to 68B-45.011(3), a valid recreational blue crab trap identification number assigned by the annual Recreational Blue Crab Trap Registration pursuant to Rule 68B-45.011, permanently affixed to it in legible letters. The buoy requirements of this subparagraph shall not apply to traps fished from a dock.

5. through 7. No change.

(b) through (g) No change.

(2) through (10) No change.

Rulemaking 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, 9-21-06, 10-15-07, 1-26-11, 6-19-13, _____.

 

68B-45.011 Recreational Blue Crab Trap Registration Requirement.

The purpose and intent of this rule is to improve recreational harvest data collection capabilities and estimates of trap effort for the recreational blue crab trap fishery by identifying the population of recreational harvesters participating in this trap fishery.

(1)(a) Recreational harvesters are required to report their intention to harvest or attempt to harvest blue crabs using traps in the upcoming year. A recreational harvester may not deploy a trap authorized by paragraph 68B-45.004(1)(a) or by subsections 68B-45.004(2)-(3) or harvest from or attempt to harvest from, fish with, set, or place such a trap in or on Florida Waters, unless that person has reported their intention to do so by completing the Recreational Blue Crab Trap Registration within the previous 12 months. Upon completion of the Recreational Blue Crab Trap Registration, a recreational harvester will be assigned a series of five recreational blue crab trap identification numbers.

(b) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

(2) Proof of registration required in subsection (1) must be in the personal possession of the recreational harvester while the recreational harvester is harvesting or attempting to harvest blue crabs with a trap authorized by paragraph 68B-45.004(1)(a) or subsections 68B-45.004(2)-(3) in or on Florida Waters, or in possession of a blue crab trap authorized by paragraph 68B-45.004(1)(a) or subsections 68B-45.004(2)-(3) or blue crab harvested from such traps in or on Florida Waters.

(3) Persons meeting the criteria outlined in paragraphs 379.353(2)(a), (i), (j), and (o), F.S., are exempt from the reporting requirement established by this rule.

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

 

PROPOSED EFFECTIVE DATE: January 1, 2020

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, and [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: July 6, 2018