68B-42.0065: Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability
PURPOSE AND EFFECT: The purpose of this rule amendment is to make the time frame in which endorsements may be transferred consistent among all of the Commission’s commercial transferable endorsement programs. The endorsement programs that contain transferable endorsements are in the blue crab, spiny lobster, ballyhoo, marine life and stone crab fisheries. The proposed time period would be aligned with the current time period in the Commission’s Blue Crab Rule, which is May 1 through the end of February. These proposed draft rules would increase the time a commercial fisher has to transfer their endorsement each year and would simplify the transfer process by aligning the rules governing the transfer process for all of these fisheries.
SUMMARY: Rule 68B-42.0065, F.A.C. (Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability) would be amended by modifying the transfer window in which a marine life endorsement may be transferred, from September 1 through November 30, to May 1 through the end of February each year.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency.
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.
RULEMAKING 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, February 23-24, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 3rd Floor Courtroom, 33 Market Street, Apalachicola, FL 32320
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: Mark Robson, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554. 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-42.0065 Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability.
(1) through (15) No change.
(16) (a) through (i) No change.
(j) A person who wishes to transfer a tiered endorsement shall submit a notarized statement of intent, that has been signed by both parties to the transaction, hand delivered, or sent by certified mail, return receipt requested, to the Commission between May 1 and the end of February September 1 and November 30 each year. Requests received by the Commission before May September 1 or postmarked after the end of February November 30 of the current license year will not be processed. A transfer request must be received by the Commission within three days of the date of the notarized signature of the intended recipient. The statement of intent (Form DMF-SL4120 (2-05), incorporated herein by reference) shall include the following information:
1. The name, address, and SPL number of seller;
2. The name, address, and SPL number of buyer; and
3. The selling price.
(k) through (l) No change.
(17) No change.
PROPOSED EFFECTIVE DATE: May 1, 2011.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 2-1-05, Amended 7-1-09, 5-1-11.
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 F.A.W.