10428584, 68B-42.007 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10428584

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MARINE LIFE

Overview

RULE:

68B-42.007

Gear Specifications and Prohibited Gear

PURPOSE:

The purpose of this rule amendment is to prohibit use of power tools for the harvest or attempted harvest of octocorals from state waters and federal EEZ waters adjacent to state waters. The Gulf of Mexico Fishery Management Council intends to remove octocorals from its Coral and Coral Reefs Fishery Management Plan (FMP) and the South Atlantic Fishery Management Council is in the process of redefining the fishery management unit in their Coral, Coral Reef, and Live/Hardbottom Habitat FMP to exclude allowable octocorals in federal waters off Florida. These actions would result in the repeal of federal regulations for octocorals and allow Florida to take over management of these species in federal waters off Florida. Based on Commission direction and at the request of the Councils, Florida agreed to manage the octocoral fishery in both state and federal waters.
The effect of this rule amendment would be to prohibit use of power tools for the harvest or attempted harvest of octocorals from state waters and federal EEZ waters adjacent to state waters. This change is not expected to affect the octocoral fishery because similar rules are currently in effect in federal waters.

SUMMARY:

Rule 68B-42.007, F.A.C., (Gear Specifications and Prohibited Gear) would be modified to prohibit use of power tools for the harvest or attempted harvest of octocorals from state waters and federal EEZ waters adjacent to state waters.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Florida Constitution.

PRINT PUBLISH DATE:

9/23/2011 Vol. 37/38

COMMENTS:

From 9/23/2011 To 10/14/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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