68B-13.001: Applicability of rules to state and federal waters
68B-13.010: Stone Crab Trap Limitation Program
PURPOSE AND EFFECT: The purpose of these rule amendments is to allow the state of Florida to assume management of stone crab in adjacent federal waters as the Gulf of Mexico Fishery Management Council is in the process of repealing its federal Fishery Management Plan. The South Atlantic Fishery Management Council has no plan for stone crab in Atlantic federal waters. Current state regulations would be extended into federal waters.
SUMMARY: Rules 68B-13.001, F.A.C., (Applicability of rules to state and federal waters) would be a newly created section that would state that the regulations in this rule apply in all state waters, and that in the absence of any stone crab regulations in federal waters, the regulations would also apply in adjacent federal Exclusive Economic Zone (EEZ) waters. 68B-13.010 (Stone Crab Trap Limitation Program) and 68B-13.011 (Prohibitions), F.A.C., would both be amended to remove references to federal forms that will no longer be necessary.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. 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 Commission’s regular meeting June 8-9, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: The Renaissance Resort at World Golf Village, 500 South Legacy Trail, St. Augustine, FL 32092-2719
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-13.001 Applicability of Rules to State and Federal Waters.
The regulations in this rule apply in all state waters and, in absence of any stone crab regulations in federal waters, apply in adjacent federal Exclusive Economic Zone (EEZ) waters.
PROPOSED EFFECTIVE DATE:
Rulemaking Authority Art. IV, Sec. 9,
68B-13.010 Stone Crab Trap Limitation Program.
(1) No change.
(2) CERTIFICATES AND TRAP TAGS. Each holder of a stone crab trap endorsement must have a certificate on record for each stone crab trap used or possessed in or on the water. In addition, attached to each trap shall be a tag, issued annually by the Commission, which corresponds to a valid certificate.
(a) through (b) No change.
(c) Lost or damaged tags may be replaced using Commission Form DMF-SL3010 (07-01) (Stone Crab Trap Tag Replacement Application
(with NOAA/National Marine Fisheries Service Report of Lost or Stolen Fish and Shellfish Traps Form)), herein incorporated by reference, and upon proper verification of loss as defined in paragraph (e) below, and payment of the replacement tag fee. Damaged tags must be returned to the Commission.
(d) No change.
(e) Notification of lost or damaged tags shall be a written report made to the Commission on the NOAA/National Marine Fisheries Service Report of Lost or Stolen Fish and Shellfish Traps Form, which may be obtained from the local Division of Law Enforcement offices. The report shall include the certificate holder’s name, license number, endorsement number, and tag numbers lost, location or area tags lost in, and circumstances of the loss.
(3) through (7) No change.
PROPOSED EFFECTIVE DATE:
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 6-2-02, 7-1-03, 7-15-04, 7-13-08, 7-1-11.
(1) through (10) No change.
(11) It is unlawful for a person to possess or use a stone crab trap in or on state waters or adjacent federal waters without having firmly affixed thereto the trap tag required by this rule.
A federal stone crab trap tag issued by the National Marine Fisheries Service meets the tagging requirements of this rule only for traps fished in the federal waters of the Gulf of Mexico or in transit to the federal waters.
PROPOSED EFFECTIVE DATE:
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art IV, Sec. 9, Fla. Const. History–New 7-1-00, Amended 7-22-01, 7-1-11.
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.