The purpose of this proposed rule amendment is to create a reference in existing state Spanish mackerel rule to proposed rules in 68B-2, FAC establishing a mackerel tournament permit. This permit would meet federal requirements for king and Spanish ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-23.006Other Prohibitions

PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to create a reference in existing state Spanish mackerel rule to proposed rules in 68B-2, F.A.C. establishing a mackerel tournament permit. This permit would meet 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.

The effect of the rule amendment is that mackerel tournament permit regulations would be referenced in relevant state mackerel regulations, and thus would be easier for the public to find.

SUMMARY: The proposed rule would create a reference in 68B-23.006, F.A.C. (Other Prohibitions) to the proposed mackerel tournament donation permit, outlined in 68B-2.010, F.A.C.

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:

DATE AND TIME: 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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-23.006 Other Prohibitions.

(1) No change.

(2) The Commission shall issue a permit pursuant to Rule 68B-2.010, F.A.C., to authorize Spanish mackerel caught in an organized tournament to be donated to a licensed wholesale dealer.

(3)(2) The prohibitions of this chapter apply as well to any and all persons operating a vessel in state waters, who shall be deemed to have violated any prohibition which has been violated by another person aboard such vessel.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-30-86, Amended 10-1-88, Formerly 46-23.006, Amended 6-1-99, _______.

 

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