28462727, 68B-31.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28462727

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SHRIMP

Overview

RULE:

68B-31.001	Purpose and Intent; Designation of Shrimp as Restricted Species; Recreational and Commercial Harvest on the Same Trip
68B-31.002	Definitions
68B-31.003	Size Requirement; Exceptions
68B-31.0035	Trawls: Allowed Use; Maximum Square Footage of Mesh Area; Definitions (Repealed)
68B-31.004	Bag and Vessel Limits
68B-31.0045	Trawl Gear Specifications: Bycatch Reduction Devices (Repealed)
68B-31.005	Seasons; Open and Closed Periods
68B-31.006	Allowable Gear and Harvest Methods; Prohibited Gear; Turtle Excluder Devices, Exceptions; Bycatch Reduction Devices
68B-31.0061	Northeast Region: Allowable Gear and Harvest Methods; Prohibited Gear
68B-31.0062	Southeast Region: Allowable Gear and Harvest Methods; Prohibited Gear; Seasonal and Spatial Trawling Restrictions
68B-31.0063	Southwest Region: Allowable Gear and Harvest Methods; Prohibited Gear; Seasonal and Spatial Trawling Restrictions
68B-31.0064	Big Bend Region: Allowable Gear and Harvest Methods; Prohibited Gear; Seasonal and Spatial Trawling Restrictions
68B-31.0065	Northwest Region: Allowable Gear and Harvest Methods; Prohibited Gear
68B-31.0066	Landing and Transport Requirements; Live Well and Storage Requirements
68B-31.0067	Seasonal East Coast Night Trawling Prohibited
68B-31.007	Sale and Purchase Requirements
68B-31.008	Year-round Closed Areas
68B-31.009	Commercial License Requirements
68B-31.010	Northwest Region Food Shrimp Production Gear Specifications (Repealed)
68B-31.011	Big Bend Region Food Shrimp Production Gear Specifications (Repealed)
68B-31.012	Southwest Region Food Shrimp Production Gear Specifications (Repealed)
68B-31.013	Southeast Region Food Shrimp Production Gear Specifications (Repealed)
68B-31.0135	Southeast Region: Biscayne Bay (Dade County) Food Shrimp Production Season and Weekly Closures (Repealed)
68B-31.0136	Southeast Region: Food Shrimp Production Closed Area (Portion of Monroe County) (Repealed)
68B-31.014	Northeast Region Food Shrimp Production Gear Specifications (Repealed)
68B-31.0155	Northeast Florida Shrimping: Closed Season; Allowable Harvest Days; Commercial Food Shrimp Production License and Transferability; Closed Areas (Repealed)
68B-31.0156	Florida East Coast Shrimp Bed: Repeal of Section 370.156, Florida Statutes; Seasonal Food Shrimp Production Closure; Exception; Definition (Repealed)
68B-31.0157	East Coast: Night Trawling Prohibited; Exception (Repealed)
68B-31.016	Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas (Repealed)
68B-31.017	Big Bend Region Closed Areas; Seasonal Closures (Repealed)
68B-31.018	Northwest Region Closed Areas; Repealed Special Acts (Repealed)
68B-31.019	Regulation of Shrimp Fishing in Tampa Bay; License Requirements (Repealed)

PURPOSE:

The purpose of this rulemaking is to consolidate, reorganize, clarify, streamline, and standardize Florida’s shrimp regulations into chapter 68B-31, F.A.C., to make these regulations easier to read, understand, and enforce. This rulemaking is part of the Florida Fish and Wildlife Conservation Commission’s ongoing, long-term Marine Fisheries Rule Cleanup project. 
The effect of this rulemaking would be to make clarifying or non-substantive rule updates to implement the standardized rule formatting consistent with the Marine Fisheries Rule Clean-up process, as well as revise outdated language to better align with current fishery practices, application of shrimp regulations, and taxonomic classifications.  This rulemaking would also make substantive changes to convey the original intent of certain regulations or to better align with current fishery practices and therefore would reduce confusion and improve the enforceability of shrimp regulations.

SUMMARY:

These proposed rule amendments would reorganize and clarify regulations related to shrimping in Florida Waters.  The changes in these amendments are part of Marine Fisheries Rule Cleanup, a long-term, ongoing effort to clarify, streamline, and standardize marine fisheries rules to make regulations easier to read, understand, and enforce, without changing the effect or intent of these regulations or how they are applied. 

Current shrimp regulations lack an easy-to-follow organizational structure and are dispersed across several rules in different chapters within Division 68B, F.A.C.  In addition, some shrimp rules in 68B-31, F.AC., contain outdated terminology, others may not convey the original intent of certain regulations, and others no longer align with current fishery practices.  This has resulted in shrimp regulations that can be difficult to find, understand, and enforce.

The proposed rule amendments would make clarifying or non-substantive updates to implement standardized rule formatting and organization consistent with the Marine Fisheries Rule Clean-up process, as well as revise outdated language to better align with current fishery practices, application of shrimp regulations, and taxonomic classifications.  The proposed rules would also make substantive changes to convey the original intent of certain regulations or to better align with current fishery practices and therefore would reduce confusion and improve the enforceability of shrimp regulations.

Thirteen rule repeals are proposed for the purpose of redistributing shrimp regulations throughout the proposed final rules in Chapter  68B-31, F.A.C., to correspond with the proposed reorganization of Florida’s shrimp regulations: 68B-31.0045, 68B-31.010, 68B-31.011, 68B-31.012, 68B-31.013, 68B-31.0135, 68B-31.0136, 68B-31.014, 68B-31.0155, 68B-31.0157, 68B-31.016, 68B-31.017, and 68B-31.019, F.A.C.  

Three additional repeals are proposed for rules 68B-31.0035, 68B-31.0156, and 68B-31.018, F.A.C., where unnecessary or outdated provisions are proposed for repeal with remaining language redistributed throughout the proposed final rules in Chapter 68B-31, F.A.C., to correspond with the proposed reorganization of Florida’s shrimp regulations.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

7/11/2024 Vol. 50/135

COMMENTS:

From 7/11/2024 To 8/1/2024 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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