Published on: 20964627. The purpose of this rulemaking is to repeal rule language found within the Florida Fish and Wildlife Conservation Commission’s Special Acts of Local Application related to local saltwater fishing regulations that is outdated, unnecessary, or has potential to conflict with state law.
The effect of this rulemaking will be to reduce confusion and improve the clarity of Florida’s saltwater fishing regulations, and to create greater consistency with respect to saltwater fishing regulations around the state. This rulemaking will not conflict with existing federal management plans.
Published on: 20077659. The purpose and effect of this rule development notice is to address possible rule amendments for local laws in the 2018 calendar year resulting from management or enforcement requirements, or to address amendments resulting from the agency’s comprehensive review of Division 68B.
Published on: 18319146. The purpose of this rulemaking is to repeal or amend outdated rule language found in Chapter 68B-3, Florida Administrative Code, and in Florida’s Special Acts of Local Application that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net Limitation Amendment), or that references penalties for violations involving the use of illegal net gear that are inconsistent with more recently established statewide statutory penalties created by the Legislature.
The Net Limitation Amendment was adopted by Florida voters in 1994 and became effective July 1, 1995, and prohibits the use of any gill or entangling net in any Florida waters, and the use of any net that contains more than 500 square feet of mesh area in nearshore and inshore Florida waters. Some of the local gear regulations in Division 68B, Florida Administrative Code, and in Florida’s Special Acts of Local Application (Special Acts) that were established prior to the Net Limitation Amendment have not been updated, and appear to authorize the use of prohibited net gear in certain areas of the state. These outdated regulations conflict with provisions of the Net Limitation Amendment and can lead a person to believe that the use of net gear prohibited under the Net Limitation Amendment is still allowed in specific areas. Several Special Acts of Local Application that implement outdated net gear regulations also establish specific penalties for the use of net gear in violation of that specific regulation. The Legislature has since provided penalties for net fishing violations and other fishery violations in Florida Statutes that apply consistently statewide. Repealing the outdated penalties in the Special Acts will eliminate confusion and clarify that the relevant penalties listed in Florida Statue apply.
The effect of this rulemaking will be to reduce confusion and improve the clarity of Florida’s statewide fishing gear regulations and to create greater consistency with respect to fishing regulations around the state. This rulemaking will not conflict with existing federal management plans.
Published on: 17971013. The purpose and effect of this rule development notice is to address possible rule repeals and amendments to marine fisheries local laws and Special Acts of Local Application in order to update outdated local gear regulations, improve the clarity of regulatory provisions that apply to the use of net gear statewide, and address amendments resulting from the agency’s comprehensive review of Division 68B.
Published on: 12976774. The purpose of this rule amendment is to repeal two Special Acts of Local Application for Collier County. The first act (Chapter 27473) prohibits the use of artificial light while spearing or gigging fish in state waters off Collier county, while the second (Chapter 30665) prohibits harvesting any fish from waters off Collier County using a spear, gig, or other spearing device. In February, the FWC received a letter from the Collier County Board of Commissioners requesting that FWC repeal these two Special Acts of Local Application, stating that the rules are antiquated and not in the public’s best interest.
The effect of this rule amendment will be to allow spearing (spearfishing, gigging, and bowfishing) and allow the use of lights when gigging and spearfishing in the state waters off Collier County. As a result of this rule amendment, all statewide regulations regarding spearing will apply in Collier County. This rule amendment will also remove regulatory impediments for divers interested in using spears to remove non-native, invasive lionfish from the waters off Collier County.
Published on: 12791019. The purpose of this rule development is to repeal two Special Acts of Local Application for Collier County. The first prohibits using artificial lights while spearing or gigging, and the second prohibits spearfishing in all state waters off the county. With the repeal of these Special Acts, spearfishing in state waters off Collier County would be regulated in accordance with statewide spearfishing rules, making spearfishing allowable in Collier County, except as prohibited by 68B-20, Florida Administrative Code. The use of lights would also be regulated pursuant to statewide gear rules.