The purpose of the proposed rule and rule amendment is to create a permit that meets federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-2.001General Definitions

68B-2.010Saltwater Game Fish and Sport Fish Designations

PURPOSE AND EFFECT: The purpose of the proposed rule and rule amendment is to create a permit that meets federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.

Recent changes to federal rules require king and Spanish mackerel tournaments to obtain a state-issued tournament permit to continue a common practice of donating tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf. These federal rule changes are intended to address concerns that tournament-caught fish sold by wholesale dealers are “double counted” toward both recreational and commercial quotas, even though they are recreationally-caught.

The effect of the proposed rule and rule amendment is that tournaments would be able to comply with federal requirements while continuing the common practice of donating their fish to wholesale dealers for a charitable donation on behalf of the tournament. This practice has the added benefit of minimizing waste of mackerel, which are not always kept by tournament anglers for consumption.

SUMMARY: A new rule, 68B-2.010, F.A.C. (Tournament Permits), would outline the conditions for issuance of a new mackerel tournament donation permit. This permit would be issued to tournament directors to allow tournament-caught king and Spanish mackerel to be donated to a licensed wholesale dealer in exchange for a donation to charity. Additionally, the proposed rule would state that the tournament organizer cannot also be the wholesale dealer accepting the donated tournament fish. This would help ensure seafood safety and reporting regulations are followed.

Definitions relevant to the proposed rule 68B-2.010, F.A.C. would be added to 68B-2.001, F.A.C. (General Definitions).

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATES AND TIMES: September 2-3, 2015, 8:30 a.m. ‒ 5:00 p.m., each day, During the Commission’s regular meeting

PLACE: Hilton Fort Lauderdale Marina, 1881 Southeast 17th Street, Fort Lauderdale, FL 33316

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-2.001 General Definitions

As used in Division 68B, F.A.C.:

(1) through (15) No change

(16) “Monetary value” means sale price or cash equivalent of value received for landings.

(17)(16) “Nearshore and inshore Florida waters” means all Florida waters inside a line three nautical miles seaward of the coastline along the Gulf of Mexico and inside a line one nautical mile seaward of the coastline along the Atlantic Ocean.

(18) “Organized tournament” means a fishing competition that involves ten or more registered participants, has written rules and regulations, requires an entry fee, and awards prizes to competitors.

(17) through (26) renumbered (19) through (28) No change.

Rulemaking Authority Article IV, Section 9, Florida Constitution. Law Implemented Article IV, Section 9, Florida Constitution. History–New 9-1-13, ________.

 

68B-2.010 Tournament Permits.

King and Spanish Mackerel –

A permit is required to meet the requirements of 50 C.F.R. § 622.386(e) (as of January 9, 2015) for tournament-caught king and Spanish mackerel to be donated and sold.  Upon request and submission of the information required in subsection (1), the Executive Director, or his designee, shall issue a mackerel tournament donation permit to the director of an organized tournament to allow tournament-caught king and Spanish mackerel to be donated to a licensed wholesale seafood dealer.

(1) The tournament organizer shall supply the following:

(a) The tournament organizer’s name, mailing address, phone number, and email address; the name of the tournament/organization; the number of tournament participants; the dates and times of the tournament; the name and address of the tournament landing and weigh-in location.  The tournament organizer shall also indicate whether participants are charged an entry fee and if prizes are awarded.

(b) The name of the wholesale seafood dealer accepting donated fish, their wholesale seafood dealer license number, contact person, business address, and phone number.

(c) The name, address, phone number, and tax identification number of the charitable organization.

(2) Permits shall only be issued to the director of an organized tournament.

(3) King or Spanish mackerel caught in an organized tournament permitted pursuant to this subsection may be donated to a licensed wholesale seafood dealer.  Donation of tournament fish as authorized by this permit does not constitute a sale.

(4) Wholesale dealers must donate the monetary value of tournament-caught king and Spanish mackerel directly to a charitable organization designated by the permittee.  The monetary value received for tournament-caught fish may not be donated or returned to the tournament or used to pay for tournament expenses or prizes.

(5) The tournament organizer may not also be the licensed wholesale seafood dealer accepting donated fish from the tournament.

(6) Tournament organizers must ensure that donated fish are handled and iced to ensure product safety pursuant to Rule 68E-27.022, F.A.C.

(7) Wholesale dealers accepting tournament-caught king or Spanish mackerel shall be present at the tournament check-in location to accept the donated fish.

(8) Wholesale dealers shall report donated fish pursuant to Rules 68E-5.002(1) and (2), F.A.C. Wholesale dealers shall identify the donated fish as tournament catch on Marine Fisheries Trip Tickets.

(9) Violations of this rule or of the terms of the permit may result in the revocation of the permit and the denial of future permit applications pursuant to Rule 68-1.010, F.A.C.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New_____.

 

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 24, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 28, 2015