68BER07-1: Emergency Reinstatement of Blue Crab Endorsement Moratorium and Suspension of Implementation of the Blue Crab Limited Entry Endorsement Program
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The 1998 Florida Legislature imposed a moratorium on new blue crab endorsements at the request of the commercial blue crab industry, with the support of the Florida Marine Fisheries Commission, while an effort management or limited entry program was being developed by the Commission and the industry. That moratorium was extended by the new Florida Fish and Wildlife Conservation Commission in 2002, 2005, and 2007, as the new program approached completion and legislation to authorize fees and set penalties was sought. The original and continuing purpose of the endorsement moratorium was to stabilize the fishery by not allowing new entrants prior to implementation of an effort management plan. Pursuant to the provisions of paragraph 68B-45.004(9)(a), F.A.C., the moratorium is scheduled to expire July 1, 2007.
The Fish and Wildlife Conservation Commission has adopted rules that would implement the final effort management plan for the commercial blue crab fishery that would take effect July 1, 2007. Indispensable to the program are the penalties applicable to specific requirements and prohibitions in the implementing rules of the Commission and fees to be charged by the Commission under the program. These penalties and fees are not within the authority of the Commission to set, but rather are constitutionally the responsibility of the Florida Legislature. In the recently-concluded legislative session, the bill that would have set those penalties and fees passed, but has yet to be acted upon by the Governor.
Without the penalties and fees necessary to the program, the Commission finds that implementation of the blue crab effort management program would be detrimental to the commercial blue crab fishery and imperil any success that might be expected from immediate implementation of the program. Therefore, the Commission also finds that there is an immediate danger to the public welfare if immediate action is not taken to extend the moratorium on issuance of new commercial blue crab endorsements until it is known whether the Governor will sign the legislation or allow it to become law.
The Commission is already engaged in regular rulemaking to extend the moratorium on issuance of new blue crab endorsements, and delay the start of the new effort management program for this fishery, for one year, if the legislation to establish appropriate penalties and fees does not become effective. Part of the Commission’s current regular rulemaking effort would also provide for smooth implementation of the new program if the legislation does become effective. This emergency action will provide the opportunity to make sure that all parts of this important plan are implemented at the same time, to avoid confusion among the participants in the fishery.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: On May 1, 2007, the Florida Legislature enacted legislation adopting penalties and fees for the blue crab effort management program. An agenda for the June 13-14, 2007, meeting of the Fish and Wildlife Conservation Commission was published which included notice to the public that an emergency rule might be necessary to deal with the contingencies surrounding the legislative process. A similar emergency rule was adopted at the June 2006 Commission meeting, after legislation adopting fees and penalties for the blue crab program failed to pass during the 2006 session. Extension of the moratorium on issuance of new blue crab endorsements has occurred a number of times over the years and is not an unusual event for participants in the fishery. This emergency rule was approved at the Commission’s meeting on June 14, 2007, at which meeting appeared participants in the blue crab commercial fishery. Notice of this action was provided by press release to the news media immediately upon conclusion of the meeting.
The entire text of this emergency rule, including the findings required by Section 120.54(4), Florida Statutes, is to be published in the Florida Administrative Weekly and distributed to the Joint Administrative Procedures Committee of the Florida Legislature.
The Florida Fish and Wildlife Conservation Commission hereby finds that the procedures used to promulgate this emergency rule are fair under the circumstances.
SUMMARY: Emergency Rule 68BER07-1 extends the moratorium on issuance of new blue crab endorsements as it exists in paragraph 68B-45.004(9)(b), F.A.C., for the pendency of the emergency rule, which will be for 90 days or upon the effectiveness of permanent rule amendments, whichever occurs sooner.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
THE FULL TEXT OF THE EMERGENCY RULE IS:
Beginning July 1, 2007, and ending 90 days later or when a permanent rule amendment becomes effective to replace this emergency rule, whichever occurs first, paragraph (9)(b) of Rule 68B-45.004, F.A.C., is amended to read:
68BER07-1 (68B-45.004) Emergency Reinstatement of Blue Crab Endorsement Moratorium and Suspension of Implementation of the Blue Crab Limited Entry Endorsement Program Regulation and Prohibition of Certain Harvesting Gear.
(1) through (9)(a) No change.
(b) Notwithstanding Section 370.135(2)(a), F.S., effective July 1, 2007 2006, and until July 1, 2008 2007, no blue crab endorsements, except those endorsements that were active during the 2006-2007 2005-2006 fiscal year, shall be renewed or replaced. Persons or corporations holding a blue crab endorsement that was active in the 2006-2007 2005-2006 fiscal year or an immediate family member of that person must request renewal of the blue crab endorsement before September 30, 2007 2006. All provisions of Sections 370.135(2)(c)-(e), F.S., shall continue to apply to the issuance and renewal of blue crab endorsements with the applicable dates specified in this paragraph.
(c) through (10) No change.
EFFECTIVE DATE JULY 1, 2007.
Specific Authority Art. IV, Sec. 9,