The purpose of this rule amendment is to standardize the format and rule language in the Florida Fish and Wildlife Conservation Commission’s (Commission) queen conch rules. The queen conch Chapter (68B-16) has been reformatted to simplify the rule ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-16.001Queen Conch, Purpose and Intent

68B-16.002Definitions

68B-16.003Queen Conch, Regulation

68B-16.004Harvest of Queen Conch Prohibited

68B-16.005Queen Conch, Regulation in Federal Waters Contiguous to Florida

68B-16.007Importation of Queen Conch

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) queen conch rules. The queen conch Chapter (68B-16) 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 Additionally, rule language has been clarified and outdated language has been removed.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-16 (Queen Conch) 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 meeting 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:

 

(Substantial rewording of Rule 68B-16.001 follows. See Florida Administrative Code for present text.)

68B-16.001 Designation as a Protected Species Queen Conch, Purpose and Intent.

The queen conch, species Strombus gigas, is hereby designated as a protected species. The purposes of designation as a protected species are to increase public awareness of the need for extensive conservation action in order to prevent this resource from becoming endangered, to encourage voluntary conservation practices, and to enlist the assistance of the general public in enforcing the stringent measures imposed by this chapter.

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 6-17-85, Amended 12-11-86, 1-1-91, 7-15-96, Formerly 46-16.001, Amended 9-1-13.

 

(Substantial rewording of Rule 68B-16.002 follows. See Florida Administrative Code for present text.)

 

68B-16.002 Definitions.

“Queen conch” means a conch of the species Strombus gigas, or any part thereof.

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 6-17-85, Amended 6-21-90, Formerly 46-16.002, Amended 9-1-13.

 

68B-16.003 Queen Conch, Regulation.

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 6-17-85, Amended 6-21-90, 7-15-96, Formerly 46-16.003, Repealed 9-1-13.

 

68B-16.004 Harvest of Queen Conch Prohibited.

(1) A person may not harvest, kill, molest, harm or mutilate a queen conch within or without Florida Waters, or possess, transport or land a queen conch regardless of where harvested.

(2) A person may harvest a queen conch shell if the shell does not contain a live queen conch at the time of harvest and a live queen conch is not killed, mutilated, or removed from the shell prior to the harvest of the shell. A person may not possess within or without Florida Waters a queen conch shell that has an off-center hole larger than 1/16 inch in diameter through its spire.

(3) The presence of queen conch aboard a vessel in or on Florida Waters, while one or more persons from the vessel are overboard, constitutes prima facie evidence that the queen conch was harvested from Florida Waters in violation of this chapter.

(4) Sections 68B-16.004, F.A.C. and 68B-16.0041, F.A.C. will not be construed to prohibit the unintentional capture of a queen conch in the course of another lawful fishing activity. A person who unintentionally catches a queen conch shall immediately return the queen conch to the water unharmed.

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-16.005 Queen Conch, Regulation in Federal Waters Contiguous to Florida.

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 12-11-86, Formerly 46-16.005, Repealed 9-1-13.

 

68B-16.007 Importation of Queen Conch.

(1) Chapter 68B-16, F.A.C. does not apply to a wholesale or retail dealer who is in possession of queen conch if the queen conch was lawfully harvested and imported from a country other than the United States.

(2) A wholesale or retail dealer in queen conch or products made from queen conch shells shall maintain the invoices, receipts, bills of sale, bills of lading, or other documentation affirmatively showing that all queen conch in the dealer's inventory were imported from a country other than the United States.

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, and [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