68B-55.001: Definitions
68B-55.002: Retrieval of Trap Debris
68B-55.004: Retrieval of Derelict Traps
68B-55.005: Recovery of Traps in Area of Major Natural Disaster
PURPOSE AND EFFECT: The purpose of these rule amendments is three-fold. The amendment to rule 68B-55.01 modifies the definition of derelict trap to account for the fact that blue crab traps are now required to be marked with Commission-supplied trap tags. The amendments to Rules 68B-55.002 and 68B-55.004, F.A.C., exempt federal, state, or local government employees from acquiring authorization from the Florida Fish and Wildlife Conservation Commission in order to retrieve trap debris and traps that are located within areas where trapping is prohibited all year-round. The effect of these rule amendments will expedite the removal of these traps and reduce their impact to the environment. Rule 68B-55.005, F.A.C., is a new rule that will allow possession of a blue crab, stone crab, or lobster trap by someone other than its owner in the aftermath of a major storm for the purpose of returning it to its owner. The effect will be to aid fishers in recovering their traps in the aftermath of a major storm and allow them to resume normal fishing operations. This will also reduce damage to the environment and the unintended mortality to marine life caused by lost traps.
SUBJECT AREA TO BE ADDRESSED: Trap retrieval.
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.
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:
68B-55.001 Definitions.
(1) through (2) No change.
(3) “Derelict trap” means any trap during any closed season for the species, or any fishable trap during the open season that lacks more than two of the following elements:
(a) through (b) No change.
(c) Current Commission-issued trap tag (if required) (spiny lobster or stone crab) or identification (blue crabs).
(d) No change.
(4) “Fishable trap” means a trap that has 6 intact sides and at least two of the following elements:
(a) through (b) No change.
(c) Current Commission-issued trap tag (if required).
(d) No change.
(5) through (6) No change.
Specific Authority Art. IV, Sec. 9,
68B-55.002 Retrieval of Trap Debris.
(1) Local, state, or federal governmental entities, nonprofit nongovernmental organizations, fishery participant organizations, or other community or citizens groups are hereby authorized to remove trap debris from shoreline areas landward of mean low water, and from mangroves or other shoreline vegetation when they organize, promote, and participate in coastal cleanup events for the purpose of removing marine debris.
(2) Except as provided in subsection (3), other coastal cleanup events for the purpose of removing trap debris from all other areas of state waters shall only be undertaken with prior authorization from the Commission, to assure that such removal is adequately supervised.
(3) Local, state, or federal government personel may remove trap debris located in areas that are permanently closed to trapping without prior authorization from the Commission.
Specific Authority Art. IV, Sec. 9,
68B-55.004 Retrieval of Derelict Traps and Traps Located in Areas Permanently Closed to Trapping.
(1) During the closed season for the harvest of any species for which traps are allowable gear, and after any authorized trap retrieval period together with any extensions, traps are considered to be derelict and may be retrieved as part of coastal cleanup events conducted by local, state, or federal government entities, nonprofit nongovernmental organizations, fishery participant organizations, or other community or citizens groups. Except as provided in subsection (3), such events shall only be undertaken with prior authorization from the Commission, to assure that such removal is adequately supervised but without the mandatory reporting required in Rule 68B-55.003, F.A.C.
(2) During the open season for harvest of any species for which traps are allowable gear, retrieval of derelict traps may occur at any time deemed appropriate by the Commission. Commission employees, local, state, or federal personnel, or members of a fishery participant organization may retrieve derelict traps. Except as provided in subsection (3), retrieval other than by Commission personnel shall only be pursuant to a Commission approved plan. The plan shall include the operational area and time period proposed, authorized personnel, the number of vessels, methods of disposition, and number and qualifications of supervisory personnel. An approved plan shall also include notification of the Commission’s Division of Law Enforcement no less than 24 hours prior to commencement of retrieval under this program with final float plan information including contact information, vessel registration numbers, trip times, and number of days.
(3) Local, state, or federal government personel may retrieve traps located in areas that are permanently closed to trapping without prior authorization from the Commission.
Specific Authority Art. IV, Sec. 9,
68B-55.005 Recovery of Traps in Area of Major Natural Disaster.
(1) In the event of an executive order issued by the Governor of the State of Florida declaring an emergency resulting from a major natural disater such as a hurricane, tropical storm, or similar weather occurance, upon a finding that the disaster has caused massive trap losses in any fishery regulated by the Commission, the Executive Director of the Fish and Wildlife Conservation Commission will issue an order declaring a trap emergency in the affected area or in a specified part threreof. Such order shall serve to activate the following provisions of this rule.
(2) The trap emergency will be in the area and during the period specified in the activation order.
(3) Each harvester in the affected trap fishery may designate persons authorized to recover and possess traps of the harvester. Such designation shall be on an Emergency Trap Recovery Designation Affidavit (FWC Form ), which form is hereby incorporated by reference. The original of the affidavit shall be retained by the harvester. A copy of the affidavit will be filed with the nearest office of the Commission's Division of Law Enforcement and also provided to each person authorized to recover and possess traps of the harvester. The affidavit shall be valid from the date the notarized form is received by the Commision’s Division of Law Enforcement until the end of that license year.
(4) Persons authorized to recover and possess traps of a harvester will be allowed to do so only in the area and during the period specified in the activation order. Each such person shall possess and maintain available for inspection a copy of the affidavit while the person is engaged in recovering or possessing the harvester's traps.
Specific Authority Art. IV, Sec. 9,