68E-18.002: Definitions
68E-18.005: Transfer of Certificates
PURPOSE AND EFFECT: The purpose of this rule amendment is to make the time frame in which endorsements may be transferred consistent among all of the Commission’s commercial transferable endorsement programs. The endorsement programs that contain transferable endorsements are in the blue crab, spiny lobster, ballyhoo, marine life and stone crab fisheries. The proposed time period would be aligned with the current time period in the Commission’s Blue Crab Rule, which is May 1 through the end of February. These proposed draft rules would increase the time a commercial fisher has to transfer their endorsement each year and would simplify the transfer process by aligning the rules governing the transfer process for all of these fisheries.
SUMMARY: Rule 68E-18.002, F.A.C., (Definitions) would be amended by removing the definition for “transfer period” from the spiny lobster rule. The proposed rule language in Rule 68E-18.005, F.A.C. does not use the term negating a need for the definition. Rule 68E-18.005, F.A.C. (Transfer of Certificates) would be amended by modifying the transfer window in which spiny lobster trap certificates may be transferred, from June 15 through March 1, to May 1 through the end of February each year.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not 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.
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 regular meeting of the Commission, February 23-24, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 3rd Floor Courtroom, 33 Market Street, Apalachicola, FL 32320
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: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
THE FULL TEXT OF THE PROPOSED RULE IS:
68E-18.002 Definitions.
(1) through (18) No change.
(19) “Transfer period” means that period of time when individuals holding trap certificates can transfer their certificates to another individual’s certificate allocation. The transfer time shall begin June 15 be coincident with the first placement of traps for the regular lobster season (currently August 1) and end midnight March 1.
(19)(20) “Trap reduction schedule” means the reduction schedule established by the FWC in Rule 68B-24.009, F.A.C., as provided for in Section 379.3671(3), F.S.
(20)(21) “Trap tag” or “lobster trap tag” is a physical, durable, annual lobster trap identification and authorization label, furnished annually by the Commission to the certificate holder. One trap tag may be obtained by the certificate holder for each trap certificate held. The trap tag must be firmly affixed to the lobster trap each fishing season in order to place the trap in the water and use the trap to aid in the taking of lobster.
PROPOSED EFFECTIVE DATE: May 1, 2011.
Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Formerly 62R-18.002, Amended 7-1-01, 4-11-04, 7-15-04, 5-1-11.
68E-18.005 Transfer of Certificates.
(1) Trap certificates shall only be transferred from the trap certificate account of one person to the account of another between May 1 and the end of February. Requests received by the Commission before May 1 or postmarked after the end of February of the current license year will not be processed. However, requests to transfer trap certificates received after February 15 may not be completed during the current season if all required information and fees are not also received at that time. Trap certificates shall only be transferred by the Commission during the June 15 – March 1 transfer period designated in Rule 68E-18.002, F.A.C.
(2) through (6) No change.
(7) If any application for the transfer of certificates containing errors is received by the Commission after February 15, the Commission will make a reasonable effort to obtain a completed application by March 1; however, if such efforts are not successful within that time frame, the Commission will deny the request to transfer certificates during the current lobster season and return the applicable fees submitted to the applicant.
(7)(8) If the certificate holder is deceased, the estate of the certificate holder may distribute the certificates by transferring possession of the certificates to a current SPL and C-number holder. The transfer of certificates shall be made upon lawful order of the probate court, or other lawful notice and designation pursuant to Chapter 732 or 733, Florida Statutes, by the personal representative or other person authorized by law to settle the estate. Transfers from an estate of a deceased certificate holder are subject to the ordinary fees and processing requirements of these rules and the Lobster Trap Certificate Program.
(8)(9) Only active certificates may be transferred.
(9)(10) Upon transfer, the transferred certificate becomes part of the receiving certificate holder’s allocation of certificates.
PROPOSED EFFECTIVE DATE: May 1, 2011.
Rulemaking Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 5-16-95, Amended 4-7-99, Formerly 62R-18.005, Amended 7-1-01, 7-15-04, 5-1-11.
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.