8152964, 68B-24.0055 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8152964

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER

Overview

RULE:

68B-24.0055

Commercial Requirements

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s spiny lobster rule to extend the current moratorium on the issuance of new commercial dive lobster endorsements. The commercial lobster dive endorsement was created for the 2004/2005 fishing license year. Holders of this endorsement are allowed to commercially harvest spiny lobsters in state and federal waters while SCUBA diving. Commercial harvest or possession of spiny lobsters on or within 10 yards of any artificial habitat is prohibited and there is a harvest and possession limit of 250 lobsters per day per vessel in Broward, Dade, Monroe, Collier and Lee Counties.
Initial endorsements were granted to lobster harvesters who documented landings of lobsters by diving between July 1, 2000, through June 30, 2003. Four hundred-four dive endorsements were initially issued. At the same time a moratorium was placed on the issuance of new dive endorsements from January 1, 2005 until July 1, 2010. During this time no new commercial dive permits have been or will be issued and no commercial dive permit will be renewed or replaced except those that were active during the 2004-2005 fishing season. The moratorium was put in place to stabilize the fishery and to control the effort of the newly-expanding fishery.
The Florida Fish and Wildlife Research Institute is currently investigating the effects of artificial habitat on the surrounding marine environment. This research is ongoing and is scheduled to be completed after the moratorium on the issuance of new commercial lobster dive endorsements is scheduled to expire. The outcome of this research could affect future lobster management decisions; therefore, deferring management changes until after the research is completed is recommended.
The effect of this rule amendment is that the moratorium on the issuance of new spiny lobster fishery commercial dive endorsements will continue until research related to artificial habitat is completed and possible resulting management options are considered. The expiration date of the moratorium on new commercial dive permits would be changed from July 1, 2010 to July 1, 2015.

SUMMARY:

Rule 68B-24.0055, F.A.C. (Commercial Requirements; Appeals) would be amended by extending the expiration date of the moratorium on new commercial dive permits from July 1, 2010 until July 1, 2015.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

1/15/2010 Vol. 36/02

COMMENTS:

From 1/15/2010 To 2/5/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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