The purpose of this rule amendment is to improve the management of the stone crab trap fishery by modifying the Florida Fish and Wildlife Conservation Commission’s (Commission) stone crab regulations found in Chapter 68B-13, Florida Administrative ...  

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    FISH AND WILDLIFE CONSERVATION COMMISSION

    Marine Fisheries

    RULE NOS.:RULE TITLES:

    68B-13.009Recreational Stone Crab Harvest: Bag Limit, Trap Limit, Trap Marking Requirements, Trap Pulling

    68B-13.010Stone Crab Trap Limitation Program

    PURPOSE AND EFFECT: The purpose of this rule amendment is to improve the management of the stone crab trap fishery by modifying the Florida Fish and Wildlife Conservation Commission’s (Commission) stone crab regulations found in Chapter 68B-13, Florida Administrative Code (F.A.C.).

    The effect of this rule amendment will be to create a Recreational Stone Crab Trap Registration system to improve estimates of participation and fishing effort in the recreational stone crab trap fishery, and to improve recreational harvest data collection by identifying the population of recreational harvesters targeting stone crabs with traps. This rule amendment will require certain recreational harvesters to report their intention to harvest or attempt to harvest stone crabs using traps in Florida waters or adjacent federal waters by completing the Recreational Stone Crab Trap Registration each year, and will require recreational harvesters to permanently mark each trap used to target stone crabs with a unique recreational stone crab trap identification number assigned by the Commission. Children under 16 years of age, as well as harvesters fishing from state-licensed for-hire vessels or harvesters fishing from a state-licensed recreational fishing vessel would be exempt from the reporting and trap marking requirements. Additionally, this rule amendment will modify the commercial Stone Crab Trap Limitation Program regulations to require that commercial stone crab harvesters maintain active commercial licenses to retain their stone crab trap allotment.

    SUMMARY: This rule amendment would create a Recreational Stone Crab Trap Registration system, which would require certain recreational harvesters to report their intention to harvest or attempt to harvest stone crabs using traps in Florida waters or adjacent federal waters each year, and would also require recreational harvesters to permanently mark each trap used to target stone crabs with unique recreational stone crab trap identification numbers assigned by the Commission. Additionally, this rule amendment would require commercial harvesters to maintain active commercial licenses to retain their commercial stone crab trap allotment.

    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 September 26-27, 2018, 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 (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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850)487-0554.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    68B-13.009 Recreational Stone Crab Harvest: Bag Limit, Trap Limit, Trap Marking Requirements, Trap Pulling, Recreational Stone Crab Trap Registration Requirement.

    (1) through (2) No Change.

    (3) TRAP MARKING REQUIREMENTS.

    (a) The buoy attached to each trap used to harvest stone crabs, other than those used to harvest for commercial purposes, shall have a legible “R”, at least two inches high, permanently affixed to it. A buoy is not required on a trap fished from a dock.

    (b) Each The trap shall have the harvester’s full name, and address, and unless exempt pursuant to paragraph (4)(d), a valid recreational stone crab trap identifcation number assigned by the Recreational Stone Crab Trap Registration pursuant to subsection (4), permanently affixed to it in legible letters. The buoy requirements of this subparagraph shall not apply to traps fished from a dock.

    (4) REPORTING REQUIREMENT. The purpose and intent of this subsection is to improve recreational harvest data collection capabilities and estimates of trap effort for the recreational stone crab trap fishery by identifying the population of recreational harvesters participating in this trap fishery.

    (a) Recreational harvesters are required to report their intention to harvest or attempt to harvest stone crabs using traps in the upcoming year. A recreational harvester may not deploy a stone crab trap authorized by subsection 68B-13.008(2) or harvest from or attempt to harvest from, fish with, set, or place such a trap within or without Florida Waters, unless that person has reported their intention to do so by completing the Recreational Stone Crab Trap Registration within the previous 12 months. Upon completion of the Recreational Stone Crab Trap Registration, a recreational harvester will be assigned a series of five recreational stone crab trap identification numbers.

    (b) Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

    (c) Proof of registration required in paragraph (a) must be in the personal possession of the recreational harvester while the recreational harvester is harvesting from or attempting to harvest from, fish with, set, or place a stone crab trap authorized by subsection 68B-13.008(2) within or without Florida Waters, or in possession of a stone crab trap authorized by subsection 68B-13.008(2) within or without Florida Waters.

    (d) Persons meeting the criteria outlined in paragraphs 379.353(2)(a), (i), (j), and (o), F.S., are exempt from the reporting requirement established by this subsection.

    (5)(4) TRAP PULLING. Except for persons harvesting pursuant to a saltwater products license with a stone crab endorsement and a restricted species endorsement, no person shall use any means other than manual means to pull stone crab traps in or from the waters of the State of Florida.

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, _____.

     

    68B-13.010 Stone Crab Trap Limitation Program.

    (1) No change.

    (2) CERTIFICATES AND TRAP TAGS. Each holder of a stone crab trap endorsement must have a certificate on record for each stone crab trap used or possessed in or on the water. In addition, attached to each trap shall be a tag, issued annually by the Commission, which corresponds to a valid certificate.

    (a) Certificates.

    1. through 10. No change.

    11. Any payment of certificate fees by an invalid check is cause for suspension of all current certificates if valid payment is not received within thirty days of notification of insufficient funds. Payment shall include any returned check charges incurred by the Commission.

    11.12. No change.

    12. 13. Trap certificates are considered to be inactive if:

    a. The certificate holder fails to renew his/her saltwater products license or has his/her license suspended or revoked,

    b. The certificate holder does not renew his/her stone crab endorsement or the endorsement has been suspended or revoked,

    c. All annual certificate fees have not been paid in full, or

    d. The certificate holder is deceased.

    13.14. No change.

    14. In the event a holder’s trap certificates are inactive pursuant to sub-subparagprahs 12.a.-12.c. for a period of 3 years, the certificates shall be considered abandoned and permanently removed from the pool of available certificates.

    (b) through (d) No change.

    (3) through (7) No change.

    Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const., 379.365 FS. History–New 7-1-00, Amended 7-22-01, 6-2-02, 7-1-03, 7-15-04, 7-13-08, 5-1-11, 7-1-11, 12-28-16, ______.

     

    PROPOSED EFFECTIVE DATE: October 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, (850)487-0554.

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2018

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018

Document Information

Comments Open:
8/13/2018
Effective Date:
10/1/2019
Summary:
This rule amendment would create a Recreational Stone Crab Trap Registration system, which would require certain recreational harvesters to report their intention to harvest or attempt to harvest stone crabs using traps in Florida waters or adjacent federal waters each year, and would also require recreational harvesters to permanently mark each trap used to target stone crabs with unique recreational stone crab trap identification numbers assigned by the Commission. Additionally, this rule ...
Purpose:
The purpose of this rule amendment is to improve the management of the stone crab trap fishery by modifying the Florida Fish and Wildlife Conservation Commission’s (Commission) stone crab regulations found in Chapter 68B-13, Florida Administrative Code (F.A.C.). The effect of this rule amendment will be to create a Recreational Stone Crab Trap Registration system to improve estimates of participation and fishing effort in the recreational stone crab trap fishery, and to improve recreational ...
Rulemaking Authority:
Article IV, Section 9, Florida Constitution
Law:
Article IV, Section 9, Florida Constitution
Contact:
Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850) 487-0554.
Related Rules: (2)
68B-13.009. Recreational Stone Crab Harvest: Bag Limit, Trap Limit, Trap Marking Requirements, Trap Pulling
68B-13.010. Stone Crab Trap Limitation Program