9309107, 68B-45.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9309107

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BLUE CRAB

Overview

RULE:

68B-45.004	Regulation and Prohibition of Certain Harvesting Gear
68B-45.0045	Closed Seasons
68B-45.007	Blue Crab Effort Management Program

PURPOSE:

The purpose of these rule amendments is to modify the Commission’s Blue Crab Rule in order to improve the commercial effort management program and to modify the closed seasons to the harvest of blue crabs from traps in order to lessen their impact on the commercial fishery and improve the removal of lost and abandoned blue crab traps from state waters. Most of these rule amendments were discussed and recommended by the Blue Crab Advisory Board, which is a board that considers and advises the Commission on the blue crab effort management program and issues in the commercial fishery. The purpose of modifying Rule 68B-45.004, F.A.C., is to widen the scope of the commercial trap pulling petition to allow the use of a harvester’s own vessel in the case of equipment failure. The purpose of modifying Rule 68B-45.0045, F.A.C., is to lessen the impact of the trap harvest closures on commercial crabbers and concentrate the effort in each region by holding the closures every other year. Finally, the purpose of modifying Rule 68B-45.007, F.A.C., is to allow commercial harvesters to transfer their endorsements for a longer period throughout the year, to allow trap tags to be ordered at any time and to clarify confusing rule language regarding holding multiple soft shell endorsements.

SUMMARY:

Rule 68B-45.004, F.A.C., (Regulation and Prohibition of Certain Harvesting Gear) would be amended by changing the language regarding the commercial trap pulling petition, which allows a harvester to designate another individual to pull their traps on a short, temporary basis, due to illness or equipment failure. The rule would be amended to allow a commercial harvester to designate another of their own vessels from which their traps may be pulled. Rule 68B-45.0045, F.A.C., (Closed Seasons) would be amended by modifying the frequency of the blue crab 10-day trap harvest closures so they occur every other year by coast versus holding all closures statewide annually. Rule 68B-45.007, F.A.C., (Blue Crab Effort Management Program) would be amended by creating a transfer window where blue crab license endorsements may be transferred, from May 1 through the end of February each year. Additionally, the section would be amended by rewording the language regarding ordering tags by stating an endorsement holder could order trap tags at any time of the year and that only up to two soft shell blue crab endorsements can be held at one time.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

10/29/2010 Vol. 36/43

COMMENTS:

From 10/29/2010 To 11/19/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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