68A-23.003: Commercial Fishing Devices; Provision for Use in Certain Waters
PURPOSE AND EFFECT: The purpose of this rule change is to reconcile this section with proposed rule changes to Rule 68A-25.002, F.A.C. Recent proposed changes to Rule 68A-25.002, F.A.C., specify the methods that can be used to harvest freshwater turtles. The effect of this rule development would be to maintain consistency and eliminate any conflicts between this section and Rule 68A-25.002, F.A.C.
SUMMARY: Concerns that freshwater turtle populations would be impacted by recent increases in harvest have led to proposed rule changes to Rule 68A-25.002, F.A.C., that prohibit the collection of freshwater turtles from the wild. Removing references to freshwater turtles from Rule 68A-25.003, F.A.C., would maintain consistency and eliminate any conflicts between this section and Rule 68A-25.002, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The agency has determined that this rule will ____or will not __X__ have an impact on small business. A SERC has ____ or has not _X__ been prepared by the agency.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Antista, General Counsel, Legal Office, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
68A-23.003 Commercial Fishing Devices; Provision for Use in Certain Waters.
(1) No change.
(2) Wire traps and slat baskets:
(a) Species to be taken – Non-game fish and turtles (as prescribed by Rule 68A-25.002, F.A.C.).
(b) through (d) No change.
(3) Pound nets: The use of pound nets shall be prohibited, except that established pound net sites registered with the Commission by December 31, 1982, may be fished only by the registered claimant or his designee. Such pound net registration shall not be transferable to any other person.
(a) Species to be taken – Non-game fish and turtles (as prescribed by Rule 68A-25.002, F.A.C.).
(b) through (c) No change.
(4) Hoop nets:
(a) Species to be taken – Non-game fish and turtles (as prescribed by Rule 68A-25.002, F.A.C.).
(b) through (d) No change.
(5) Minnow lift nets:
(a) Species to be taken – Non-game fish and turtles (as prescribed by Rule 68A-25.002, F.A.C.).
(b) through (d) No change.
(6) Minnow seine:
(a) Species to be taken – Non-game fish (except catfish) and turtles (as prescribed by Rule 68A-25.002, F.A.C.).
(7) through (8) No change.
(9) Permits may be issued by the executive director to authorize the operation of haul seines in specified areas.
(a) Southwest Region haul seine permits:
1. through 7 No change.
8. Non-game fish and turtles (as prescribed in Rule 68A-25.002, F.A.C.) may be harvested from haul seines. Any other fish or wildlife All gamefishes caught shall be returned immediately to the lake being fished.
9. through 11. No change.
PROPOSED EFFECTIVE DATE: As soon as possible following Commission action.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 10-23-79, 5-19-80, 6-22-80, 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-23.03, Amended 6-1-86, 4-13-88, 7-1-90, 1-1-92, 7-1-92, 10-22-92, 4-20-93, 7-1-95, 4-1-96, 7-1-97, 7-1-98, Formerly 39-23.003, Amended 7-1-08,________.
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.W.