12996271, 68B-2.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12996271

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

GENERAL

Overview

RULE:

68B-2.001	General Definitions
68B-2.002	Return of Marine Organisms to Water; Permissible Temporary Possession
68B-2.003	License Required for Harvest or Possession of a Marine Organism
68B-2.004	Recreational and Commercial Harvest on the Same Trip
68B-2.005	Vessel Operator Responsibility
68B-2.006	Restricted Species Endorsement
68B-2.007	Prohibition of Possession, Transport, Purchase, or Sale of Illegally-Caught Marine Organisms
68B-2.008	Trap Placement

PURPOSE:

The purpose of these new rules and rule amendments is to simplify marine fisheries regulations by creating greater consistency among the regulations, eliminating repetition, and reducing opportunities for misinterpretation.  The proposed General chapter will become a single, intuitive location for Florida Fish and Wildlife Conservation Commission’s (Commission) regulations that apply to all marine fisheries.  This will reduce confusion and simplify enforcement by ensuring that these provisions are consistent in their wording and their meaning.  The new rules include definitions and provisions that were taken from existing marine fisheries regulations found elsewhere in 68B.  Some have been modified slightly to improve clarity or create consistency.  All will be applied broadly to all marine fisheries, including those sometimes referred to as “unregulated” due to their lack of established seasons, bag limits, or size limits, unless otherwise stated elsewhere in Division 68B.

The primary effect of these rules will be to broaden and standardize the application of existing marine fisheries regulatory provisions and standardize commonly used definitions, applying the provisions and definitions consistently across all marine fisheries.

SUMMARY:

Chapter 68B-2 (General Chapter) will be amended and re-named the General chapter. Rule 68B-2.001(General Definitions) will be created to standardize definitions that will apply to all marine fisheries. Rule 68B-2.002 (Return of Marine Organisms to Water; Permissible Temporary Possession) will be created to require that any finfish and any marine invertebrate regulated by the FWC that is not retained must be released immediately without being unnecessarily harmed. It will also allow for temporary possession of marine organisms for photography and determining compliance with regulations. Rule 68B-2.003(License Required for Harvest or Possession of a Marine Organism Regulated) will be created to clearly state the proper fishing licenses are required when possessing marine organisms on the water and while fishing. Rule 68B-2.004 (Recreational and Commercial Harvest on the Same Trip) will prohibit commercial and recreational harvest of the same species on a single trip. Rule 68B-2.005 (Vessel Operator Responsibility) will hold the vessel operator responsible for ensuring passengers comply with marine fisheries regulations. Rule 68B-2.006 (Restricted Species Endorsement Provision) will be amended to correct rule language to better reflect the Commission’s original intent. Rule 68B-2.007 (Prohibition of Possession, Transport, Purchase, or Sale of Illegally-Caught marine Organisms) will be created to prohibit the possession, transport, purchase or sale of marine organisms caught in violation of fisheries regulations. Rule 68B-2.008 (Trap Placement) will prohibit placement of traps in navigational channels.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

5/14/2013 Vol. 39/94

COMMENTS:

From 5/14/2013 To 6/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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