15807913, 68B-24.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15807913

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

SPINY LOBSTER (CRAWFISH) AND SLIPPER LOBSTER

Overview

RULE:

68B-24.002	Definitions
68B-24.0055	Commercial Requirements

PURPOSE:

The purpose of this rule amendment is to modify the Commission’s spiny lobster commercial dive (CD) endorsement program.  The proposed amendments will (1) extend indefinitely a moratorium on issuing new CD endorsements, (2) allow CD endorsements to be transferable, (3) remove the requirement that the CD endorsement holder be aboard the vessel during trips where harvest occurs, (4) remove outdated language and clarify the remaining rule language to reflect the proposed changes, and (5) update an outdated legal definition of the Biscayne National Park boundaries currently within 68B-24.002 to reference its legal definition in 68B-2.001.  

The CD endorsement program was created in 2003 to prevent further expansion of the lobster dive fishery and to return the trapping, diving, and bully netting components of the commercial lobster fishery to their historical harvest proportions.  Because the intent of the program was to reduce effort in the dive fishery, the CD endorsement is not fully transferable and there is a moratorium on issuing any additional CD endorsements.  The number of CD endorsements has dropped over time and the endorsement program, coupled with other agency actions related to the commercial lobster fishery, has returned dive fishery harvest levels to their historical proportions.  The moratorium on issuing new CD endorsements is set to expire July 1, 2015.  Extending the moratorium indefinitely and allowing the transfer of the endorsements will allow the fishery to continue to operate at current levels by maintaining the current number of endorsements, which is believed to be appropriate and sustainable.  

The CD endorsement is the only endorsement that requires the endorsement holder to be on board the vessel during trips where lobster is harvested.  This provision was originally put in place to reduce effort by preventing the use of the CD by anyone other than the license holder.  With the decrease in the number of CD endorsements over time and allowing the CD endorsement to be transferred, the requirement that the CD holder be on board the vessel is no longer needed.  

The effect of this rule amendment will be to allow the commercial dive fishery for spiny lobster to continue to operate at its current level, and to allow anyone diving from a CD-licensed vessel to participate in the commercial harvest of spiny lobster.  Additional effects of this rule amendment will be to remove outdated rule language, clarify the remaining rule language related to the CD endorsement, and update the legal definition of Biscayne National Park boundaries with the correct reference.

SUMMARY:

Rule 68B-24.0055, FAC, will be modified to extend a moratorium on issuing new CD endorsements indefinitely, allow CD endorsements to be transferable, remove the requirement that the CD endorsement holder be on board a vessel during harvest, remove outdated language related to qualification for CD endorsements, and clarify the remaining rule language to reflect the proposed changes.  Rule 68B-24.002 will be modified to update the legal definition of the Biscayne National Park boundaries by correcting the reference to its current legal definition in 68B-2.001.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

3/19/2015 Vol. 41/54

COMMENTS:

From 3/19/2015 To 4/9/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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