8448814, 68B-56.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8448814

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BALLYHOO

Overview

RULE:

68B-56.002

Commercial Licensing Requirements; Appeals

PURPOSE:

The purpose of this rule amendment is to modify the Commission’s ballyhoo rule to allow the continuation of the ballyhoo lampara net endorsement program, which supplies the bulk of commercially available ballyhoo. The ballyhoo fishery is a small but valuable commercial fishery that supplies bait to recreational anglers and has an average annual worth over $600,000. The 2008 stock assessment update indicated that the ballyhoo stock is not currently overfished and overfishing is not occurring. However, because ballyhoo are short-lived, they are subjected to large recruitment fluctuations caused by changes in climate and oceanographic conditions. In addition, the population migrates south to warm waters and forms highly vulnerable aggregated schools during winter in the Florida Keys. Due to the vulnerability of the winter aggregations and ballyhoo’s susceptibility to recruitment fluctuations, the 2008 assessment update emphasized the need to keep ballyhoo stock biomass high relative to the maximum sustainable yield. Therefore, measures that would increase pressure on the stock are not recommended.
Specifically, this proposed rule would give the lampara net endorsement holders the option to sell their endorsement if they decide to leave the fishery. Currently, if an endorsement holder decides to leave the fishery the endorsement cannot be transferred or renewed. If the rules are not amended, the lampara net endorsement program will eventually disappear because no new harvesters will be able to enter the fishery.  
The effect of these rule amendments will be to allow the continuation of the ballyhoo lampara net endorsement program, which supplies the bulk of commercially available ballyhoo while not significantly increasing pressure on the ballyhoo stock.

SUMMARY:

Rule 68B-56.002, F.A.C. (Commercial Licensing Requirements; Appeals) would be amended by limiting the number of commercial lampara net endorsements to the current number and would allow all endorsement holders to sell their endorsement to other commercial fishers during a transfer window from July 1 through March 31, annually. The proposed rules would also restrict any one entity from holding more than two endorsements at any one time, prohibit leasing of endorsements, allow only one endorsement on a saltwater products license, and allow only one saltwater products license to be associated with a single endorsement.

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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