Notice of Development of Rulemaking

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
RULE NO: RULE TITLE
68B-45.008: Assessment of Administrative Penalties for Violations Relating to Blue Crab Management
PURPOSE AND EFFECT: The purpose of this rule amendment is to establish administrative penalties for violations relating to the blue crab management. These administrative penalties would apply when criminal violations such as trap molestation, trap theft, illegal bartering of tags, and fishing with untagged traps are committed. The purpose of creating Rule 68B-45.008, F.A.C., is to fulfill a requirement of Florida Statute 379.366(4)(a) that states “the Commission shall adopt by rule the administrative penalties authorized by this subsection”. The proposed draft rule amendment would create a standardized tiered penalty system that allows the penalties to be assessed relative to the severity of the violation and the number of previous violations up to the maximum amount allowed as defined in Section 379.366 F.S. This proposed rule would be consistent with existing rules establishing administrative penalties for the stone crab and spiny lobster fisheries in Chapters 68B-13 and 68E-18, F.A.C., respectively.
SUBJECT AREA TO BE ADDRESSED: Administrative fees for blue crab violations.
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 NOT AVAILABLE.