RULE NO: RULE TITLE
68B-45.002: Definitions
68B-45.004: Regulation and Prohibition of Certain Harvesting Gear
PURPOSE AND EFFECT: The purpose of these rule amendments is to allow for a less narrowly-defined configuration for the fold up traps typically used in the recreational harvest of harvest blue crabs. The effect will be to allow the legal use of fold-up traps up to 1 cubic foot in volume that are not necessarily pyramid-shaped.
SUMMARY: Subsection (5) of Rule 68B-45.002, F.A.C., is amended to broaden the definition of the term”fold up trap” to include such traps that are not shaped like a pyramid. Paragraph (1)(d) of Rule 68B-45.004, F.A.C., is amended to delete the one square foot limitation on the base panel of a fold up trap.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, September 12-14, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: St Petersburg Hilton, 333 First Street South, St. Petersburg, Florida
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 IS: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-45.002 Definitions.

(1) through (4) No change.

(5) “Fold up trap” means a ~~pyramid-shaped~~ plastic or wire meshed collapsing trap~~, with a square base panel and triangular-shaped side panels,~~ that opens outward to occupy a single plane when placed on the water bottom. It is baited in the center of the base panel and encloses crabs when retrieved by means of a cord drawing together ~~the topmost points of~~ the side panels ~~triangles~~.

(6) through (17) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 10-4-95, Formerly 46-45.002, Amended 7-1-03, 7-15-04, 5-26-05, ________.

68B-45.004 Regulation and Prohibition of Certain Harvesting Gear.

(1)(a) through (c) No change.

(d) Fold-up trap ~~with a square base panel no larger than one foot square~~.

(e) through (g) No change.

(2) through (10) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-14-93, Amended 6-1-94, 1-1-95,10-4-95, 9-30-96, 1-1-98, 6-1-99, Formerly 46-45.004, Amended 2-28-02, 10-21-04, 3-1-05, 3-30-06, 9-21-06,________.

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 FAW.