The purpose of this proposed rule amendment is to address updates to the Spiny Lobster Trap Certificate Transfer Application form that is incorporated into Commission rules to reflect an updated, more user-friendly version developed by the Agency. ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Resources

RULE NO.:RULE TITLE:

68E-18.005Transfer of Certificates

PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to address updates to the Spiny Lobster Trap Certificate Transfer Application form that is incorporated into Commission rules to reflect an updated, more user-friendly version developed by the Agency.

The effect of this proposed rule amendment will be streamlining the application process for both fishermen and staff, and allowing staff to continue to provide excellent customer service.

SUMMARY: This rule amendment would address updates to commercial saltwater licensing forms

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: During the Commission’s regular meeting November 16-17, 2016, 8:30 a.m. – 5:00 p.m.

PLACE: USF Student Center, 200 6th Avenue South, St. Petersburg, FL 33701

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:

 

68E-18.005 Transfer of Certificates.

(1) through (3) No change.

(4) All transfers must be submitted on a notorized copy of either Commission form FWC 20-173a (10-16 02-11) (Spiny Lobster Trap Certificate Transfer Application - Standard, found online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-00200), or Commission form FWC 20-173b (10-16) (Spiny Lobster Trap Certificate Transfer Application – Immediate Family, found online at: http://www.flrules.org, and which are is hereby incorporated by reference). No other form will be accepted. Both parties to the transfer must state the value paid and received for the certificates and list the tag audit numbers included in the transfer. Fraudulent statements of value paid or received for certificates by either the transferor or transferee will result in the denial of the transfer, and refer the matter to the appropriate authorities for other disposition.

(5) through (9) No change

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Amended 4-7-99, Formerly 62R-18.005, Amended 7-1-01, 7-15-04, 5-1-11,             .

 

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: September 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 2, 2016