16301158, 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: 16301158

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

GENERAL

Overview

RULE:

68B-2.001	General Definitions
68B-2.010	Tournament Permits

PURPOSE:

The purpose of the proposed rule and rule amendment is to create a permit that meets federal requirements for king and Spanish mackerel tournaments that donate tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf.  
	
Recent changes to federal rules require king and Spanish mackerel tournaments to obtain a state-issued tournament permit to continue a common practice of donating tournament-caught king and Spanish mackerel to wholesale dealers, who then sell the fish and give the proceeds to a charity on the tournament’s behalf. These federal rule changes are intended to address concerns that tournament-caught fish sold by wholesale dealers are “double counted” toward both recreational and commercial quotas, even though they are recreationally-caught. 

The effect of the proposed rule and rule amendment is that tournaments would be able to comply with federal requirements while continuing the common practice of donating their fish to wholesale dealers for a charitable donation on behalf of the tournament. This practice has the added benefit of minimizing waste of mackerel, which are not always kept by tournament anglers for consumption.

SUMMARY:

A new rule, 68B-2.010, (FAC)(Tournament Permits), would outline the conditions for issuance of a new mackerel tournament donation permit.  This permit would be issued to tournament directors to allow tournament-caught king and Spanish mackerel to be donated to a licensed wholesale dealer in exchange for a donation to charity.  Additionally, the proposed rule would state that the tournament organizer cannot also be the wholesale dealer accepting the donated tournament fish.  This would help ensure seafood safety and reporting regulations are followed.
          
Definitions relevant to the proposed rule 68B-2.010 would be added to 68B-2.001, FAC (General Definitions).

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

8/4/2015 Vol. 41/150

COMMENTS:

From 8/4/2015 To 8/25/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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