The purpose of this rule amendment is to clarify existing rule language in 68B-4.019, FAC, related to the possession of trap pullers aboard certain commercial vessels by updating references to applicable commercial fishing licenses and endorsements, ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-4.019  Prohibition of Trap Pullers on Recreational and Certain Commercial Vessels

PURPOSE AND EFFECT: The purpose of this rule amendment is to clarify existing rule language in Rule 68B-4.019, FAC, related to the possession of trap pullers aboard certain commercial vessels by updating references to applicable commercial fishing licenses and endorsements, and to incorporate a recently approved prohibition on the operation of a commercial spiny lobster bully net vessel with a trap puller on board.

Trap pullers are mechanical devices that are used on commercial vessels to aid in the tending and retrieval of traps used in saltwater trap fisheries. In Florida Waters, trap pullers are prohibited on all recreational vessels, and are only permitted on commercial vessels that are properly licensed to operate in the commercial spiny lobster, stone crab, blue crab, and black sea bass trap fisheries. Existing language in Rule 68B-4.019, FAC, referencing the commercial licenses and endorsements that are required to participate in these trap fisheries is either outdated or unclear and should be updated.

At the Florida Fish and Wildlife Conservation Commission’s February 2017 meeting, Commissioners approved a final rule that modified the Commission’s spiny lobster rules (Rule 68B-24, FAC) as they relate to commercial bully net harvest of lobster. These changes included prohibiting the operation of a commercial spiny lobster bully net vessel with a trap puller on board. This rulemaking will incorporate this prohibition into the Commission’s trap puller rule, Rule 68B-4.019, FAC.

The effect of this rule amendment will be to clarify existing rule language related to the possession of trap pullers aboard certain commercial vessels by updating references to commercial fishing licenses and endorsements, and to incorporate a prohibition on the operation of a commercial spiny lobster bully net vessel a trap puller on board.

SUMMARY: This rule will clarify existing rule language related to the possession of trap pullers aboard certain commercial vessels by updating references to commercial fishing licenses and endorsements, and will incorporate a recently adopted prohibition on the operation of a commercial spiny lobster bully net vessel with a trap puller onboard.

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 TIME: During the Commission’s regular meeting April 19 – 20, 2017, 8:30 a.m. – 5:00 p.m.

PLACE: Florida Public Safety Institute, 85 Academy Drive, Havana, FL 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 [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-4.019 Prohibition of Trap Pullers on Recreational and Certain Commercial Vessels.

(1) No person shall operate any vessel within Florida Waters with a trap puller aboard unless such vessel is operated commercially pursuant to a valid saltwater products license with a restricted species endorsement and one or more of the following:

(a) A a spiny lobster (crawfish) trap endorsement with trap certificates.,

(b) A stone crab trap endorsement with trap certificates.,

(c) A hard shell, soft shell, or non-transferable blue crab endorsement.,

(d) A federal South Atlantic black sea bass pot endorsement and a valid federal commercial South Atlantic unlimited snapper-grouper permit., or a federal fish trap endorsement.

(2) No person shall operate any vessel that is required to be marked with a spiny lobster bully net permit number pursuant to subsection 68B-24.006(7), F.A.C., in Florida Waters with a trap puller aboard.

(3) The prohibition in subsection (1) shall not apply to:This prohibition shall not apply to

(a) A a person operating a vessel within Florida Waters with a trap puller aboard who has been granted an accommodation by the Commission under the Americans With Disabilities Act to possess and use such gear. or to

(b) A a person engaging in aquaculture and possessing an aquaculture certificate issued pursuant to Section 597.004, Florida Statutes, or a federal aquacultured live rock permit issued pursuant to 50 C.F.R. 622.70 or 50 C.F.R. 622.220 50 C.F.R. 622.4(a)(3)(iii). However, a person taking advantage of this exception for aquaculture activities shall not be in possession of any lobsters, crabs, finfishes, or any other wild-caught species regulated by the Commission.

(c) A person engaging in the harvest of black sea bass for commercial purposes and using black sea bass traps in Florida Waters of the Gulf of Mexico north of 27° North Latitude pursuant to rule 68B-14.005, F.A.C., provided that such person is in possession of a valid saltwater products license with a restricted species endorsement.

(d) A person in direct and continuous transit through Florida Waters to fish in and return from federal waters where the use of traps is lawful pursuant to applicable fisheries regulations for those federal waters. Transit shall be direct, continuous and expeditious between federal waters where the use of traps is lawful and the place where the vessel is regularly docked, moored, or otherwise stored or to the place of the licensed wholesale dealer where the catch is to be sold.

 

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Art. X, Sec. 16, Fla. Const. History–New 7-15-04, Amended 1-3-05, 6-1-17.

PROPOSED EFFECTIVE DATE: June 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