RULE NO.: RULE TITLE:
68B-42.007: Gear Specifications and Prohibited Gear
PURPOSE AND EFFECT: The purpose of this rule amendment is to prohibit use of power tools for the harvest or attempted harvest of octocorals from state waters and federal EEZ waters adjacent to state waters. The Gulf of Mexico Fishery Management Council intends to remove octocorals from its Coral and Coral Reefs Fishery Management Plan (FMP) and the South Atlantic Fishery Management Council is in the process of redefining the fishery management unit in their Coral, Coral Reef, and Live/Hardbottom Habitat FMP to exclude allowable octocorals in federal waters off Florida. These actions would result in the repeal of federal regulations for octocorals and allow Florida to take over management of these species in federal waters off Florida. Based on Commission direction and at the request of the Councils, Florida agreed to manage the octocoral fishery in both state and federal waters.
The effect of this rule amendment would be to prohibit use of power tools for the harvest or attempted harvest of octocorals from state waters and federal EEZ waters adjacent to state waters. This change is not expected to affect the octocoral fishery because similar rules are currently in effect in federal waters.
SUMMARY: Rule 68B-42.007, F.A.C., (Gear Specifications and Prohibited Gear) would be modified to prohibit use of power tools for the harvest or attempted harvest of octocorals from state waters and federal EEZ waters adjacent to state waters.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: William Teehan, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-0554

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-42.007 Gear Specifications and Prohibited Gear.

(1) through (3) No change.

(4) A power tool may not be used to harvest or attempt to harvest octocorals from state waters or from federal EEZ waters adjacent to state waters.

PROPOSED EFFECTIVE DATE: October 31, 2011.

Rulemaking ~~Specific~~ Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-91, Amended 7-1-92, 1-1-95, 9-30-96, Formerly 46-42.007, Amended 7-1-09, 10-31-11.

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.