8448329, 68B-27.018 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8448329

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

OYSTERS

Overview

RULE:

68B-27.018

Statewide Harvesting Restrictions (Repealed)

PURPOSE:

The purpose of this rule amendment is to modify the Fish and Wildlife Conservation Commission’s (Commission) oyster rule to give oyster harvesters additional time on the water. The harvest of oysters is jointly managed by the Division of Aquaculture and Consumer Services (DACS) and the Commission. DACS is currently developing a rule in response to a federal mandate for public health purposes that would require harvesters to deliver their oysters to a certified dealer by 11:30 a.m. May through July and by 12:00 Noon, August through October. These proposed DACS rules shorten the time oyster harvesters are allowed to be on the water in those months. Current Commission rules do not allow the harvest of oysters between sundown and sunrise and do not allow the tongs used to harvest oysters to be aboard a vessel that is in transit or moored in or on waters above any public oyster bed or privately controlled or owned bottom between sundown and sunrise. This provision prevents oyster harvesters from leaving the dock before sunrise when harvesting oysters. The proposed rule would modify the Commission’s oyster rules to allow harvesters to leave the dock, transit the bay, and arrive at the oyster bar prior to sunrise if tongs are properly stowed aboard the vessel.
The effect of this rule amendment will be to allow commercial oyster harvesters to leave the dock, transit the bay, and arrive at the oyster bar prior to sunrise with tongs properly stowed aboard the vessel, which would allow them additional time to harvest oysters and return to the dock in time to adhere to the proposed DACS regulations.

SUMMARY:

Rule 68B-27.018, F.A.C., (Statewide Harvesting Restrictions) would be amended by removing the stipulation that a vessel must be moored and not in or on waters above any public oyster bed or privately controlled or owned bottoms between sundown to sunrise for hand tongs to be aboard a vessel. The new rule would allow hand tongs aboard a vessel between sundown and sunrise as long as the tongs are properly stowed and not in use.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

3/26/2010 Vol. 36/12

COMMENTS:

From 3/26/2010 To 4/16/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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