18729844, 68B-4.019 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18729844

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

GEAR SPECIFICATIONS AND PROHIBITED GEAR

Overview

RULE:

68B-4.019

Prohibition of Trap Pullers on Recreational and Certain Commercial Vessels

PURPOSE:

The purpose of this rule amendment is to clarify existing rule language in 68B-4.019, FAC, related to the possession of trap pullers aboard certain commercial vessels by updating references to applicable commercial fishing licenses and endorsements, and to incorporate a recently approved prohibition on the operation of a commercial spiny lobster bully net vessel with a trap puller on board. 

Trap pullers are mechanical devices that are used on commercial vessels to aid in the tending and retrieval of traps used in saltwater trap fisheries. In Florida Waters, trap pullers are prohibited on all recreational vessels, and are only permitted on commercial vessels that are properly licensed to operate in the commercial spiny lobster, stone crab, blue crab, and black sea bass trap fisheries. Existing language in Rule 68B-4.019, FAC, referencing the commercial licenses and endorsements that are required to participate in these trap fisheries is either outdated or unclear and should be updated.

At the Florida Fish and Wildlife Conservation Commission’s February 2017 meeting, Commissioners approved a final rule that modified the Commission’s spiny lobster rules (68B-24, FAC) as they relate to commercial bully net harvest of lobster.  These changes included prohibiting the operation of a commercial spiny lobster bully net vessel with a trap puller on board. This rulemaking will incorporate this prohibition into the Commission’s trap puller rule, 68B-4.019, FAC.

The effect of this rule amendment will be to clarify existing rule language related to the possession of trap pullers aboard certain commercial vessels by updating references to commercial fishing licenses and endorsements, and to incorporate a prohibition on the operation of a commercial spiny lobster bully net vessel a trap puller on board.

SUMMARY:

This rule will clarify existing rule language related to the possession of trap pullers aboard certain commercial vessels by updating references to commercial fishing licenses and endorsements, and will incorporate a recently adopted prohibition on the operation of a commercial spiny lobster bully net vessel with a trap puller onboard.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

3/15/2017 Vol. 43/51

COMMENTS:

From 3/15/2017 To 4/5/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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