18500148, 68B-24.002 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 18500148

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER

Overview

RULE:

68B-24.002	Definitions
68B-24.0055	Commercial Requirements
68B-24.006	Gear: Traps, Buoys, Identification Requirements, Prohibited Devices
68B-24.007	Other Prohibitions

PURPOSE:

The purpose of these rule amendments is to address concerns about the recent increase in participation in the commercial portion of the spiny lobster bully net fishery and to obtain additional information about the fishery while maintaining the viability of this traditional method of commercial lobster harvest.  

Bully netting is a method of lobster harvest carried out by commercial and recreational fishers, primarily in the Florida Keys and southern Miami-Dade County, during the first few months of the regular lobster season.  It occurs at night and requires shallow, clear water to operate effectively.  Staff has heard a variety of concerns from stakeholders about changes in this fishery since 2014.  Stakeholder concerns realted to this fishery include negative impacts to the financial viability of the commercial bully net fishery for individual harvesters with increasing participation and the potential for the bully net fishery to be used as a cover for illegal lobster harvest.  Stakeholders have also expressed concerns regarding conflicts between recreational and commercial bully netters and other members of the public.  

The effect of these rule amendments will be to create an open-access commercial bully net permit, require commercial bully net vessels be marked with the harvester’s bully net permit number, prohibit trap pullers aboard vessels that are required to be marked with a bully net permit number, and prohibit the simultaneous possession of a bully net and any underwater breathing apparatus aboard a vessel used in the harvest or transport of lobster for commercial purposes.  These regulatory changes are intended to address the concerns that have been brought forward by both fishery and non-fishery stakeholders and will also provide additional information about the fishery.

SUMMARY:

This rule will create an open-access commercial bully net permit, require commercial bully net vessels be marked with the harvester’s bully net permit number, prohibit trap pullers aboard vessels that are required to be marked with a bully net permit number, and prohibit the simultaneous possession of a bully net and any underwater breathing apparatus aboard a vessel used in the harvest or transport of lobster for commercial purposes.  These rules are expected to address concerns that have been brought forward by both fishery and non-fishery stakeholders and to obtain additional information about the fishery while maintaining the viability of this traditional method of lobster harvest.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

1/18/2017 Vol. 43/11

COMMENTS:

From 1/18/2017 To 2/8/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.