Notice of Development of Rulemaking

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
RULE NO: RULE TITLE
68B-45.002: Definitions
68B-45.004: Regulation and Prohibition of Certain Harvesting Gear
68B-45.007: Blue Crab Limited Entry Endorsement Program
PURPOSE AND EFFECT: The Fish and Wildlife Conservation Commission adopted rules that would have implemented the final effort management plan for the commercial blue crab fishery on July 1, 2007. The purpose of these rule amendments is to continue the moratorium on issuance of new blue crab endorsements until July 1, 2008, and to delay until that date the implementation of the Blue Crab Limited Entry Program, if legislation implementing appropriate penalties and fees is not passed in the 2007 Legislature. Otherwise, if such legislation is passed, the rules will be amended to make minor changes to aid in the program’s implementation. The effect of these rule amendments, depending on the passage of legislation, will be to maintain the commercial fishery in its current regulatory state until appropriate penalties and fees are established or provide for the smooth implementation of this limited entry program. A secondary purpose of this rule development effort is to revise a definition of the term “folding trap” to allow for traps with other than those shaped as a pyramid. The effect of this change is to allow additional gear for the recreational harvest of blue crabs.
SUBJECT AREA TO BE ADDRESSED: Commercial blue crab endorsements and limited entry program.
SPECIFIC AUTHORITY: Art. IV, Sec. 9, Florida Constitution.
LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.