Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
RULE NO: RULE TITLE
68B-24.0055: Commercial Requirements; Appeals
PURPOSE AND EFFECT: The purpose of these rule amendments is to modify the Commission’s spiny lobster rule to extend the current moratorium on the issuance of new commercial dive lobster endorsements. The commercial lobster dive endorsement was created for the 2004/2005 fishing license year. Holders of this endorsement are allowed to commercially harvest spiny lobsters in state and federal waters while SCUBA diving. Commercial harvest or possession of spiny lobsters on or within 10 yards of any artificial habitat is prohibited and there is a harvest and possession limit of 250 lobsters per day per vessel in Broward, Dade, Monroe, Collier and Lee Counties.
Initial endorsements were granted to lobster harvesters who documented landings of lobsters by diving between July 1, 2000, through June 30, 2003. Four hundred-four dive endorsements were initially issued. At the same time a moratorium was placed on the issuance of new dive endorsements from January 1, 2005 until July 1, 2010. During this time no new commercial dive permits have been or will be issued and no commercial dive permit will be renewed or replaced except those that were active during the 2004-2005 fishing season. The moratorium was put in place to stabilize the fishery and to control the effort of the newly-expanding fishery.
The Florida Fish and Wildlife Research Institute is currently investigating the effects of artificial habitat on the surrounding marine environment. This research is ongoing and is scheduled to be completed after the moratorium on the issuance of new commercial lobster dive endorsements is scheduled to expire. The outcome of this research could affect future lobster management decisions; therefore, deferring management changes until after the research is completed is recommended.
The effect of this rule amendment is that the moratorium on the issuance of new spiny lobster fishery commercial dive endorsements will continue until research related to artificial habitat is completed and possible resulting management options are considered. The expiration date of the moratorium on new commercial dive permits would be changed from July 1, 2010 to July 1, 2015.
SUMMARY: Rule 68B-24.0055, F.A.C. (Commercial Requirements; Appeals) would be amended by extending the expiration date of the moratorium on new commercial dive permits from July 1, 2010 until July 1, 2015.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have a substantial impact on small business. A 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.
SPECIFIC 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 17-18, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 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:

68B-24.0055 Commercial Requirements; Appeals.

(1) No change.

(2)(a) through (b) No change.

(c) Effective January 1, 2005 and until July 1, 2015 2010, no new commercial dive permits will be issued and no commercial dive permit will be renewed or replaced except those that were active during the 2004-2005 fishing season. Existing permits may only be issued to a single saltwater products license with a valid crawfish endorsement and a valid restricted species endorsement. Beginning in the 2005-2006 license year and in subsequent license years until July 1, 2015 2010, persons holding a commercial dive permit that was active during the 2004-2005 license year or an immediate family member of that person must request renewal of the commercial dive permit before September 30 of each year. Failure to renew the commercial dive permit by September 30 of each year will result in forfeiture of the permit.

(d) through (f) No change.

(3) through (5) No change.

Rulemaking Specific Authority Art IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-01, Amended 7-7-03, 4-1-04, 7-15-04,________.

 

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.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Robson, 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: December 10, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 8, 2010