6784100, 68B-45.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6784100

Notice of Development of Rulemaking

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

BLUE CRAB

Overview

RULE:

68B-45.008

Assessment of Administrative Penalties for Violations Relating to Blue Crab Management

PURPOSE:

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:

Administrative fees for blue crab violations.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution.

LAW:

Art. IV, Sec. 9, Florida Constitution.

PRINT PUBLISH DATE:

2/20/2009 Vol. 35/07

RELATED STATUTES
AND LAWS:

Art. IV, Sec. 9, Florida Constitution., Art. IV, Sec. 9, Florida Constitution.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=68B-45.008&PDate=2/20/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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