4451735, 68B-55.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4451735

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

TRAP RETRIEVAL AND TRAP DEBRIS REMOVAL

Overview

RULE:

68B-55.001	Definitions
68B-55.002	Retrieval of Trap Debris
68B-55.004	Retrieval of Derelict Traps and Traps Located in Areas Permanently Closed to Trapping
68B-55.005	Recovery of Traps in Area of Major Natural Disaster

PURPOSE:

The purpose of these rule amendments is three-fold. The amendment to rule 68B-55.01 modifies the definition of derelict trap to account for the fact that blue crab traps are now required to be marked with Commission-supplied trap tags. The amendments to Rules 68B-55.002 and 68B-55.004, F.A.C., exempt federal, state, or local government employees from acquiring authorization from the Florida Fish and Wildlife Conservation Commission in order to retrieve trap debris and traps that are located within areas where trapping is prohibited all year-round. The effect of these rule amendments will expedite the removal of these traps and reduce their impact to the environment. Rule 68B-55.005, F.A.C., is a new rule that will allow possession of a blue crab, stone crab, or lobster trap by someone other than its owner in the aftermath of a major storm for the purpose of returning it to its owner. The effect will be to aid fishers in recovering their traps in the aftermath of a major storm and allow them to resume normal fishing operations. This will also reduce damage to the environment and the unintended mortality to marine life caused by lost traps.

SUMMARY:

The proposed amendment to Rule 68B-55.001, F.A.C. would modify the language that defines a derelict blue crab trap to account for the fact they are now required to be marked with Commission-supplied trap tags. The proposed amendment to Rules 68B-55.002 and 68B-55.004, F.A.C., would exempt federal, state, or local government employees from acquiring authorization from the Florida Fish and Wildlife Conservation Commission in order to retrieve trap debris and traps that are located within areas where trapping is prohibited year-round. Proposed new Rule 68B-55.005, F.A.C., would create a mechanism that allows the legal possession of blue crab, stone crab, or lobster traps by someone other than their owner in the aftermath of a catastrophic storm event for the purpose of returning them to their owner.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

8/10/2007 Vol. 33/32

COMMENTS:

From 8/10/2007 To 8/31/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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