The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) bay scallops rules. The bay scallop Chapter (68B-18) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-18.001Intent to Annually Review Bay Scallop Fishery Health; Modification of Open and Closed Areas by Rulemaking

68B-18.002Definitions

68B-18.003Statewide Open and Closed Seasons and Areas for Harvesting Bay Scallops

68B-18.004Allowable Gear for Harvesting Bay Scallops

68B-18.005Bag Limit

68B-18.0055Prohibition of Sale and Commercial Harvest

68B-18.006Allowed and Prohibited Gear and Methods of Harvest; Prohibited Simultaneous Possession of Bay Scallop and Certain Types of Gear

68B-18.007Purchase and Sale of Bay Scallop Prohibited; Exception

68B-18.008Areas Open and Closed to the Harvest of Bay Scallops

PURPOSE AND EFFECT: The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) bay scallops rules. The bay scallop Chapter (68B-18) has been reformatted to simplify the rule language, making it easier to understand and improving the enforceability of the regulations. This rulemaking is part of a rule cleanup effort of Division 68B that will standardize chapters by using the same format for each rule that regulates species, making specific provisions easier to find. Additionally, rule language has been clarified and outdated language has been removed.

The effect of this amendment will be improved rule clarity and enforceability and simplified rule language, making the language easier to understand. This rule amendment will not affect the meaning of the rule nor change the intent of the rule.

SUMMARY: Chapter 68B-18 (Bay Scallops) would be amended to reformat and reorganize the chapter in accordance with the new format developed for Division 68B during the Commission’s marine fisheries rule cleanup process.
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 DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn, 3839 Don Emerson Drive, Lakeland, FL 33811

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-18.001 Intent to Annually Review Bay Scallop Fishery Health; Modification of Open and Closed Areas by Rulemaking.

(1) It is the intent of the Commission to annually review and evaluate the status and health of the bay scallop fishery.

(2) Should it become necessary to close any area presently open to bay scalloping, or should the bay scallop resource recover sufficiently to allow the opening of an area presently closed to bay scalloping, the Commission shall initiate rulemaking to amend Section 68B-18.008, F.A.C.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

(Substantial rewording of Rule 68B-18.002 follows. See Florida Administrative Code for present text.)

 

68B-18.002 Definitions.

“Bay scallop” means a scallop of the species Argopecten irradians, or any part of the meat or viscera thereof.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 6-15-94, 3-1-95, Formerly 46-18.002, Amended 9-1-13.

 

68B-18.003 Statewide Open and Closed Seasons and Areas for Harvesting Bay Scallops.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 6-15-94, 3-1-95, 7-15-96, 7-1-97, Formerly 46-18.003, Amended 6-2-02, 8-30-12, Repealed 9-1-13.

 

(Substantial rewording of Rule 68B-18.004 follows. See Florida Administrative Code for present text.)

 

68B-18.004 Recreational Bag and Vessel Limits; Commercial Harvest Prohibited Allowable Gear for Harvesting Bay Scallops.

(1) Recreational Limits – This subsection will not be construed to authorize the harvest or possession of bay scallops in the portions of Florida Waters that are closed to the harvest of bay scallops as provided in Section 68B-18.008, F.A.C.

(a) Bag Limit – A person may not harvest or land per day from Florida Waters or possess in or on Florida Waters more than 2 gallons of whole bay scallops in the shell, or more than 1 pint of bay scallop meat..

(b) Vessel Limit – The persons aboard a vessel in or on Florida Waters may not collectively possess more than 10 gallons of whole bay scallops in the shell, or ½ gallon of bay scallop meat, regardless of the number of licensed or licensed-exempt harvesters aboard. This provision will not be construed to authorize harvest or possession of bay scallops in excess of the applicable bag limits.

(c) For the purpose of determining compliance with this rule, if a person is in possession of whole bay scallops in the shell and bay scallop meat at the same time, the bay scallop meat will be converted to its “in the shell” equivalent by counting each pint of bay scallop meat as 2 gallons of whole bay scallops in the shell.

(2) Commercial Harvest Prohibited – A person may not harvest bay scallops for commercial purposes from Florida Waters. In or on Florida Waters, a person may not possess a bay scallop for commercial purposes.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 3-1-95, Formerly 46-18.004, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-18.005 follows. See Florida Administrative Code for present text.)

 

68B-18.005 Closed Seasons for Harvest of Bay Scallops Bag limit.

During the closed season for bay scallops a person may not harvest or land a bay scallop from Florida Waters or possess a bay scallop in or on Florida Waters. The closed season for bay scallops begins on September 25 each year and continues through June 30 of the following year.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-13-85, Amended 3-1-95, Formerly 46-18.005, Amended 9-1-13.

 

68B-18.0055 Prohibition of Sale and Commercial Harvest.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-95, Amended 7-15-96, Formerly 46-18.0055, Repealed 9-1-13.

 

68B-18.006 Allowed and Prohibited Gear and Methods of Harvest; Prohibited Simultaneous Possession of Bay Scallop and Certain Types of Gear.

(1) Allowed Gear and Method of Harvest – A person may harvest or attempt to harvest a bay scallop from Florida Waters only by hand, or by using a landing or dip net.

(2) Prohibited Gear and Method of Harvest – A person may not harvest or attempt to harvest a bay scallop from Florida Waters with gear or methods that are not expressly permitted in subsection (1).

(3) A person may not possess a bay scallop aboard a vessel with a trawl, drag, dredge, or net (other than a landing or dip net) on board.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

68B-18.007 Purchase and Sale of Bay Scallop Prohibited; Exception.

(1) Purchase and Sale of Bay Scallop Prohibited – A person may not purchase or sell a bay scallop.

(2) Exception –

(a) Subsection (1) does not apply to a person who is purchasing, selling, or in possession of a bay scallop if the bay scallop was legally harvested outside of Florida waters and the bay scallop entered the State of Florida in interstate commerce.

(b) A person in possession of bay scallops for sale has the burden of establishing the chain of possession of the bay scallops beginning with the initial transaction after harvest by producing the appropriate receipts, bills of sale, and bills of lading. A person in possession of bay scallops for sale has the burden of showing that the bay scallops originated from a point outside Florida Waters and entered the state in interstate commerce. A person in possession of bay scallops for sale shall maintain and promptly produce (at the request of any duly authorized law enforcement officer) the documentation necessary to meet the burdens established in this paragraph.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

68B-18.008 Areas Open and Closed to the Harvest of Bay Scallops.

The area open to the harvest of bay scallops includes Florida Waters along the Gulf of Mexico north of the Pasco-Hernando County Line (latitude 28 degrees, 26.016 minutes North) and east and southeast of a line extending due south from the west bank at the mouth of Mexico Beach Canal in Bay County (longitude 85 degrees, 25.84 minutes West). A person may only harvest or possess a bay scallop in or on Florida Waters in the area open to the harvest of bay scallops, or land a bay scallop in the area open to the harvest of bay scallops.

PROPOSED EFFECTIVE DATE: September 1, 2013.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-13.

 

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: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 28, 2012