The proposed draft rule amendment will modify Chapter 68-5, Florida Administrative Code (FAC) to change the conditional species allowances for Nile tilapia to incorporate a rule exception similar to that of the blue tilapia. The effect of this rule ...  

  •  

    FISH AND WILDLIFE CONSERVATION COMMISSION

    RULE NO.:RULE TITLE:

    68-5.002Conditional Non-native Species

    PURPOSE AND EFFECT: The proposed draft rule amendment will modify Chapter 68-5, Florida Administrative Code (FAC) to change the conditional species allowances for Nile tilapia to incorporate a rule exception similar to that of the blue tilapia. The effect of this rule change will be to alleviate regulatory uncertainty for those individuals possessing or culturing tilapia in parts of the state of Florida

    SUMMARY: Rule 68-5.002, F.A.C., will be changed to allow for possession, culture and transport of Nile tilapia without permit in all counties of the Northeast, North Central, South and Southwest Regions, and add these allowances for blue tilapia to all counties in the North Central region.

    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: Art. IV, Sec. 9, Florida Constitution

    LAW IMPLEMENTED: Art. IV, Sec. 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: During the regular meeting of the Commission, April 19 – 20, 2010, 8:30 a.m. to 5:00 p.m., each day.

    PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, Florida 32333.

    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 (850)488-6411. 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: Kristen Sommers, Section Leader, Wildlife Impact Management Section, Division of Habitat and Species Conservation, 620 S. Meridian Street, Tallahassee, FL 32399-1600, (850) 488-3831

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    68-5.002 Conditional Non-native Species.

    Live specimens of the following species, including their taxonomic successors, subspecies, or hybrids or eggs thereof may be possessed only pursuant to permit issued by the Executive Director except as provided in subsection 68-5.001(3), F.A.C.

    (1) Non-native freshwater fish and aquatic invertebrate species.

    (a) through (g) No change.

    (h) Nile perches (Genus Lates, all species). For owners of aquaculture facilities that are operating under permit or a certificate of registration, but which are not cultivating Nile perches as of April 11, 2007, and for owners of aquaculture facilities which are issued original permits or certificates of registration after April 11, 2007, Nile perches:

    1. No change.

    2. Shall not be taken on a fee or for-hire basis using hook and line or rod and reel.

    (i) Blue tilapia (Oreochromis aureus), except that Oreochromis aureus may be possessed, cultured, and transported without permit in Citrus County in the North Central Region; and all counties of the Northeast, North Central, South and Southwest Regions.

    (j) through (k) No change.

    (l) Nile tilapia (Oreochromis niloticus), except that Oreochromis niloticus may be possessed, cultured, and transported without permit in all counties of the Northeast, North Central, South and Southwest Regions.

    (m) through (r) No change.

    (2) through (4) No change.

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10, 8-23-10, ___-___-___.

     

    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: Thomas Eason, Director, Division of Habitat and Species Conservation

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 16, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 13, 2016

     

Document Information

Comments Open:
1/23/2017
Summary:
Rule 68-5.002, F.A.C., will be changed to allow for possession, culture and transport of Nile tilapia without permit in all counties of the Northeast, North Central, South and Southwest Regions, and add these allowances for blue tilapia to all counties in the North Central region.
Purpose:
The proposed draft rule amendment will modify Chapter 68-5, Florida Administrative Code (FAC) to change the conditional species allowances for Nile tilapia to incorporate a rule exception similar to that of the blue tilapia. The effect of this rule change will be to alleviate regulatory uncertainty for those individuals possessing or culturing tilapia in parts of the state of Florida
Rulemaking Authority:
Art. IV, Sec. 9, Florida Constitution
Law:
Art. IV, Sec. 9, Florida Constitution
Contact:
Kristen Sommers, Section Leader, Wildlife Impact Management Section, Division of Habitat and Species Conservation, 620 S. Meridian Street, Tallahassee, FL 32399-1600, (850) 488-3831
Related Rules: (1)
68-5.002. Conditional Non-native Species