6586414, 68B-8.002 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 6586414

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MARINE SPECIAL ACTIVITY LICENSE PROGRAM

Overview

RULE:

68B-8.002	Definitions
68B-8.003	General Conditions and Restrictions
68B-8.006	Scientific Research Special Activity License
68B-8.007	Education/Exhibition Special Activity License
68B-8.008	Florida Marine Science Educators Association Certification
68B-8.009	Prohibited Species Collection Criteria
68B-8.010	Stock Collection and Release Special Activity License
68B-8.011	Aquaculture Broodstock Collection Special Activity License
68B-8.012	Snook Special Activity License
68B-8.013	Non-Conforming Gear Special Activity Licenses and Exemptions
68B-8.014	Marine Chemical Special Activity License

PURPOSE:

The purpose of the amendments to Rule 68B-8.002, F.A.C., is to define or re-define terms that are used throughout the rule, and the effect will be that applicants will have the ability to better understand what activities require a Special Activity License without the need for agency interpretation. The purpose of the amendments to Rule 68B-8.003, F.A.C., is to improve customer service by increasing application windows, incorporating other agencies within the application review process, reduction of documentation requirements, and clarification of activities that require licensing, and the effect will be that proposed activities will be better reviewed by appropriate subject matter experts both within and outside of the agency and applicants will not be required to provide documentation that is not serving a management purpose. The purpose of the amendments to Rule 68B-8.006, F.A.C., is to expand the types of activities that can be conducted pursuant to a Scientific Research Special Activity License, and the effect will be to provide more flexibility to conduct necessary restoration activities with guidance from the agency through a licensed process. The purpose of the amendments to Rule 68B-8.007, F.A.C., is to modify display requirements for the benefit of marine animals collected for education or exhibition purposes, and the effect will be that the agency will be better able to ensure that such collections will not result in mortality to the specimens collected. The purpose of the amendments to Rule 68B-8.008, F.A.C., is to clarify that the Florida Marine Science Educators Certification is not limited to marine species, and the effect will be to lessen the need for agency staff to provide clarification to potential applicants. The purpose of the amendments to Rule 68B-8.009, F.A.C., is to provide applicants with more concise criteria regarding how requests to collect prohibited species are evaluated through the adoption by reference of standards currently established in agency policy, and the effect will be that the FWC will be better able to substantiate license denials that are based on standards currently contained in the policy. The purpose of the amendments to Rule 68B-8.010, F.A.C., is to provide clarification of activities that involve releases of marine organisms and require licensing, update genetic standards for release activities including incorporation by reference of a genetic risk assessment flow chart, and modify health certification requirements based on recommendations made by participants of a Marine Animal Health workshop held by the agency in January 2008. The effect of the amendments to Rule 68B-8.010, F.A.C., will be that the genetic and health standards by which release activities are evaluated will better protect the wild stocks of marine organisms from potential impacts from such activities. The purpose of the amendments to Rule 68B-8.011, F.A.C., is to provide for clarification on the eligibility requirements for receiving an aquaculture broodstock collection Special Activity License, and the effect will be that consistency will be provided between the activities that the FWC licenses and activities that are licensed by the Department of Agriculture and Consumer Services. The purpose of the amendments to Rule 68B-8.012, F.A.C., is to address the exchange of aquacultured snook, and the effect will be that activities which include the transfer of snook that are not sold will be required to meet the same standards as those snook that are sold. The purpose of the amendments to Rule 68B-8.013, F.A.C., is to allow for scientific researchers to apply for and receive a Gear Innovation Special Activity License which is currently only restricted to commercial fishers, and the effect will be that researchers will have the ability to participate in the development of new, more conservation oriented fishing gear. The purpose and effect of the amendments to Rule 68B-8.014, F.A.C., is to provide consistency with recent changes to the agency’s licensing requirements for the Marine Life fishery.

SUMMARY:

The proposed rule amendments will define or re-define terms that are used throughout the rules, update incorporated application forms, clarify activities that require licensing, address new issues identified by stakeholders and FWC staff, and update or add agency policies and remove obsolete rule language. These proposed amendments will improve the ability of the FWC to manage activities that do not conform to established regulations, and reflect the Marine Special Activity License Program’s progress and development within the agency.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

12/31/2008 Vol. 34/53

COMMENTS:

From 12/31/2008 To 1/21/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.