20114616, 68E-18.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 20114616

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Resources

Chapter:

SPINY LOBSTER TRAP CERTIFICATE PROGRAM

Overview

RULE:

68E-18.002	Definitions
68E-18.003	Certificate Allocations and Fees
68E-18.006	Rental or Leasing of TrapTags (Repealed)
68E-18.008	Suspension of Certificates and Crawfish Endorsement (Repealed)

PURPOSE:

The purpose of this rule amendment is to repeal outdated rule language found within the Florida Fish and Wildlife Conservation Commission’s (FWC) spiny lobster trap certificate program regulations (68E-18, Florida Administrative Code) that are inconsistent with statutory provisions provided by the Legislature.  
The Joint Administrative Procedures Committee (JAPC) identified outdated rule language in Chapter 68E-18, Florida Administrative Code (F.A.C.), Spiny Lobster Trap Certificate Program, that appears to authorize the rental or leasing of spiny lobster trap tags, or that references penalties that are inconsistent with statutory penalties created by the Legislature.  
Rule language authorizing the rental or leasing of spiny lobster trap tags in rules 68E-18.002 and 68E-18.006, F.A.C., was established by the Marine Fisheries Commission in 1995, and was not updated after the leasing of spiny lobster trap tags or certificates was prohibited by the Legislature in 2003.  These outdated rules conflict with the provisions of section 379.3671(2)(a)5., Florida Statutes, and may lead someone to believe that the rental or leasing of spiny lobster trap tags is still allowed.  Rule language in 68E-18.003, 68E-18.006, and 68E-18.008, F.A.C., provides for the suspension of a license holder’s spiny lobster trap certificates or crawfish endorsement in certain circumstances that are inconsistent with statutory penalties created by the Legislature. 
The effect of this rule amendment will be to repeal outdated or inconsistent language in these rules that appears to authorize the rental or leasing of spiny lobster trap tags or certificates, or that provides for penalties that are different from those established more recently by the Legislature. This rulemaking will create greater clarity and improve the understandability of the FWC’s spiny lobster trap certificate program regulations. This rulemaking will not conflict with existing federal management plans.

SUMMARY:

This rule amendment will repeal outdated or inconsistent language that appears to authorize the rental or leasing of spiny lobster trap tags or certificates, or that provides for penalties that are different from those established more recently by the Legislature. In addition, this rulemaking will create greater clarity and improve the understandability of the Spiny Lobster Trap Certificate Program regulations.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

2/27/2018 Vol. 44/40

COMMENTS:

From 2/27/2018 To 3/20/2018 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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