4103699, 68B-45.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4103699

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BLUE CRAB

Overview

RULE:

68B-45.004	Regulation and Prohibition of Certain Harvesting Gear
68B-45.007	Blue Crab Effort Management Program

PURPOSE:

The Fish and Wildlife Conservation Commission adopted rules that would have implemented the final effort management plan for the commercial blue crab fishery on July 1, 2007. The purpose of these rule amendments is to continue the moratorium on issuance of new blue crab endorsements until July 1, 2008, and to delay until that date the implementation of the Blue Crab Effort Management Program, if legislation implementing appropriate penalties and fees is not passed in the 2007 Legislature. Otherwise, if such legislation is passed, the rules will be amended to make minor changes to aid in the program’s implementation. The effect of these rule amendments, depending on the passage of legislation, will be to maintain the commercial fishery in its current regulatory state until appropriate penalties and fees are established or to provide for the smooth implementation of this limited entry program.

SUMMARY:

If legislation implementing appropriate penalties and fees associated with the Blue Crab Effort Management Program is not passed in the 2007 Legislature, Rule 68B-45.004, F.A.C. will be amended to extend the moratorium on the issuance of new blue crab endorsements until July 1, 2008, and Rule 68-45.007, F.A.C. will be amended to delay for one year the implementation of the program established by the rule. Various filing and qualification deadlines and start dates for program requirements are amended to reflect the one-year delay in implementation of the program. The date of dissolution of the blue crab advisory board is extended by one year.
If legislation implementing appropriate penalties and fees associated with the Program are passed in the 2007 Legislature, amendments to Rule 68B-45.004, F.A.C., will be withdrawn, and the amendments to Rule 68B-45.007, F.A.C., will include only paragraphs 68B-45.007(3)(a) and 68B-45.007(6)(f), F.A.C. The deadline for qualified persons to receive a hardshell or softshell Blue Crab Effort Management Endorsement to submit their application for the endorsement is extended to September 30, 2007. The deadline for persons wishing to appeal their denial of a non-transferable Blue Crab Effort Management Endorsement is extended to September 30, 2007.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

5/11/2007 Vol. 33/19

COMMENTS:

From 5/11/2007 To 6/1/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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