The purpose of this rule amendment is to prohibit the activity of chumming while fishing from beaches and to define the terms “chum” and “beach” in 68B-2, Florida Administrative Code (F.A.C.). The effect of this rule will be to prohibit chumming ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-2.011Chumming

PURPOSE AND EFFECT: The purpose of this rule amendment is to prohibit the activity of chumming while fishing from beaches and to define the terms “chum” and “beach” in 68B-2, Florida Administrative Code (F.A.C.).

The effect of this rule will be to prohibit chumming while fishing from beaches as part of a larger rule amendment package related to shore-based shark fishing.

SUMMARY: This rule will establish regulations to prohibit chumming while fishing from beaches

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:

DATE AND TIME: During the Commission’s regular meeting February 20-21, 2019, 8:30 a.m. – 5:00 p.m. each day

PLACE: Best Western Gateway Grand, 4200 NW 97th Boulevard, Gainesville, FL 32606

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 by calling [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-2.011 Chumming.

(1) It is unlawful for any person to place chum in the water for the purposes of fishing from a beach or wade fishing in waters immediately adjacent to a beach.  This shall not be construed to prohibit the use of a baited hook when fishing with hook and line gear, placing bait in a trap authorized pursuant to 68B-4.020 in order to target marine organisms by enticing them to enter the trap, or the use of a baited trotline for the harvest of blue crab.

(2) For the purposes of this rule, “chum” means fish, fish parts, other animal products, or synthetic products created or intended to chemically or otherwise resemble animal products placed in the water for the purpose of attracting a marine organism. 

(3) For the purposes of this rule, “beach” shall be defined as any area of shoreline along a body of marine or brackish water that is covered predominantly in sand, with sufficient sand above the mean high-water line to support sunbathing.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New7-1-19. 

 

PROPOSED EFFECTIVE DATE: July 1, 2019

 

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: December 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 14, 2018