Purpose
The purpose of this rule amendment is to repeal outdated rule language found within the Florida Fish and Wildlife Conservation Commission’s (FWC) spiny lobster trap certificate program regulations (68E-18, Florida Administrative Code) that are inconsistent with statutory provisions provided by the Legislature.
The Joint Administrative Procedures Committee (JAPC) identified outdated rule language in Chapter 68E-18, Florida Administrative Code (F.A.C.), Spiny Lobster Trap Certificate Program, that appears to authorize the rental or leasing of spiny lobster trap tags, or that references penalties that are inconsistent with statutory penalties created by the Legislature.
Rule language authorizing the rental or leasing of spiny lobster trap tags in rules 68E-18.002 and 68E-18.006, F.A.C., was established by the Marine Fisheries Commission in 1995, and was not updated after the leasing of spiny lobster trap tags or certificates was prohibited by the Legislature in 2003. These outdated rules conflict with the provisions of section 379.3671(2)(a)5., Florida Statutes, and may lead someone to believe that the rental or leasing of spiny lobster trap tags is still allowed. Rule language in 68E-18.003, 68E-18.006, and 68E-18.008, F.A.C., provides for the suspension of a license holder’s spiny lobster trap certificates or crawfish endorsement in certain circumstances that are inconsistent with statutory penalties created by the Legislature.
The effect of this rule amendment will be to repeal outdated or inconsistent language in these rules that appears to authorize the rental or leasing of spiny lobster trap tags or certificates, or that provides for penalties that are different from those established more recently by the Legislature. This rulemaking will create greater clarity and improve the understandability of the FWC’s spiny lobster trap certificate program regulations. This rulemaking will not conflict with existing federal management plans.