6863058, 68B-45.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6863058

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BLUE CRAB

Overview

RULE:

68B-45.008

Assessment of Administrative Penalties for Violations Relating to Blue Crab Management

PURPOSE:

The purpose of this rule amendment is to establish administrative penalties for violations relating to the management of blue crab. These administrative penalties would apply when criminal violations such as trap molestation, trap theft, illegal bartering of tags, and fishing with untagged traps are committed. The purpose of creating Rule 68B-45.008, F.A.C., is to fulfill a requirement of Section 379.366(4)(a), F.S., that states “the Commission shall adopt by rule the administrative penalties authorized by this subsection”. The proposed draft rule amendment would create a standardized tiered penalty system that would allow the penalties to be assessed relative to the severity of the violation and the number of previous violations up to the maximum amount allowed as defined in Section 379.366, F.S. This proposed rule would be consistent with existing rules establishing administrative penalties for the stone crab and spiny lobster fisheries in Chapters 68B-13 and 68E-18, F.A.C., respectively.

SUMMARY:

Rule 68B-45.008, F.A.C., (Assessment of Administrative Penalties for Violations relating to Blue Crab Management) would be created to contain all of the administrative penalties for violations relating to blue crab management. This rule will define the Commission’s policy regarding assessing administrative penalties for convictions of blue crab management program violations relative to the severity of the violation and the number of previous violations and could result in fines up to $5,000 and permanent revocation of saltwater fishing privileges.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

3/6/2009 Vol. 35/09

COMMENTS:

From 3/6/2009 To 3/27/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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