The purpose of these rule amendments is to address concerns about the recent increase in participation in the commercial portion of the spiny lobster bully net fishery and to obtain additional information about the fishery while maintaining the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-24.002Definitions

68B-24.0055Commercial Requirements

68B-24.006Gear: Traps, Buoys, Identification Requirements, Prohibited Devices

68B-24.007Other Prohibitions

PURPOSE AND EFFECT: The purpose of these rule amendments is to address concerns about the recent increase in participation in the commercial portion of the spiny lobster bully net fishery and to obtain additional information about the fishery while maintaining the viability of this traditional method of commercial lobster harvest.

Bully netting is a method of lobster harvest carried out by commercial and recreational fishers, primarily in the Florida Keys and southern Miami-Dade County, during the first few months of the regular lobster season. It occurs at night and requires shallow, clear water to operate effectively. Staff has heard a variety of concerns from stakeholders about changes in this fishery since 2014. Stakeholder concerns realted to this fishery include negative impacts to the financial viability of the commercial bully net fishery for individual harvesters with increasing participation and the potential for the bully net fishery to be used as a cover for illegal lobster harvest. Stakeholders have also expressed concerns regarding conflicts between recreational and commercial bully netters and other members of the public.

The effect of these rule amendments will be to create an open-access commercial bully net permit, require commercial bully net vessels be marked with the harvester’s bully net permit number, prohibit trap pullers aboard vessels that are required to be marked with a bully net permit number, and prohibit the simultaneous possession of a bully net and any underwater breathing apparatus aboard a vessel used in the harvest or transport of lobster for commercial purposes. These regulatory changes are intended to address the concerns that have been brought forward by both fishery and non-fishery stakeholders and will also provide additional information about the fishery.

SUMMARY: This rule will create an open-access commercial bully net permit, require commercial bully net vessels be marked with the harvester’s bully net permit number, prohibit trap pullers aboard vessels that are required to be marked with a bully net permit number, and prohibit the simultaneous possession of a bully net and any underwater breathing apparatus aboard a vessel used in the harvest or transport of lobster for commercial purposes. These rules are expected to address concerns that have been brought forward by both fishery and non-fishery stakeholders and to obtain additional information about the fishery while maintaining the viability of this traditional method of lobster harvest.

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 February 8-9, 2017, 8:30 a.m. – 5:00 p.m.

PLACE: Plantation on Crystal River, 9301 West Fort Island Trail, Crystal River, Florida 34429

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-24.002 Definitions.

(1) through (14) No change.

 

68B-24.0055 Commercial Requirements.

(1) through (3) No change.

(4) A commercial bully net permit is required to harvest spiny lobster for commercial purposes with a bully net. This permit will be in the form of the letter N added to the harvester’s crawfish endorsement number.

(5)(4) Commercial harvest limits:

(a) No change.

(b) No more than 250 spiny lobsters shall be possessed aboard or landed from any vessel within these counties regardless of the number of commercial harvesters on board harvesting pursuant to paragraph (a) this subsection.

(c)(5) Persons harvesting lobster commercially by use of a bully net shall be subject to a daily harvest and possession limit of 250 spiny lobsters per day. No more than 250 spiny lobsters shall be possessed aboard or landed from any vessel which has been used for such commercial harvest, regardless of the number of such commercial harvesters on board the vessel.

Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const., 379.361 FS. History–New 7-1-01, Amended 7-7-03, 4-1-04, 7-15-04, 3-21-10, 7-1-15, 5-1-17.

 

68B-24.006 Gear: Traps, Buoys, Identification Requirements, Prohibited Devices.

(1) through (6) No change.

(7) Each person who harvests spiny lobster for commercial purposes with a bully net shall permanently and conspicuously display on the vessel used in such bully netting the harvester’s commercial bully net permit number in legible figures to provide ready identification. The commercial bully net permit number shall be displayed and be permanently affixed vertically to both the starboard and port sides of the vessel using opaque retroreflective paint or other opaque retroreflectlve material in numerals no smaller than 4 inches in height.

(8) No person shall operate any vessel that is required to be marked with a bully net permit number pursuant to subsection (7) in Florida Waters with a trap puller aboard.

(7) through (10) renumbered as (9) through (12)

(13)(11) Except as provided in subsection (9) (7) of this rule, no more than two spiny lobster (trap) endorsement numbers (C-numbers) shall be used on a single vessel.

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, 10-4-95, 9-30-96, 6-1-99, Formerly 46-24.006, Amended 7-1-01, 7-9-02, 7-7-03, 4-1-04, 7-1-08, 6-19-13, 5-1-17.

 

68B-24.007 Other Prohibitions.

(1) through (4) No change.

(5) A bully net and any underwater breathing apparatus, as defined in 68B-4.002, F.A.C., may not be simultaneously possessed on Florida Waters aboard a vessel used in the harvest of spiny lobster for commercial purposes or aboard a vessel transporting spiny lobster for commercial purposes while on Florida Waters. For the purposes of this subsection, a snorkel shall not be considered an underwater breathing apparatus.

(6)(5) The directed harvest of spiny lobster by the use of any net or trawl, other than a landing or dip net, bully net with a diameter no larger than 3 feet, or hoop net with a diameter no larger than 10 feet, is prohibited. Spiny lobster harvested by the use of any net or trawl as an incidental bycatch of other target species lawfully harvested shall not be deemed to be unlawfully harvested in violation of this subsection if the combined whole weight of all spiny lobster so harvested does not exceed 5% of the total whole weight of all species lawfully in possession of the harvester at any time. For purposes of this subsection, the term “net or trawl” shall not include any hand-held net.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-2-87, Amended 7-2-90, 10-4-95, Formerly 46-24.007, Amended 7-1-08, 5-1-17.

 

PROPOSED EFFECTIVE DATE: May 1, 2017

 

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: November 17, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017