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 The purpose of this rulemaking is to repeal or amend outdated rule language found in Chapter 68B-3, Florida Administrative Code, and in Florida’s Special Acts of Local Application that appears to authorize the use of net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 These outdated regulations conflict with provisions of the Net Limitation Amendment and can lead a person to believe that the use of net gear prohibited under the Net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 Several Special Acts of Local Application that implement outdated net gear regulations also establish specific penalties for the use of net gear in violation of that specific regulation.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 Repealing the outdated penalties in the Special Acts will eliminate confusion and clarify that the relevant penalties listed in Florida Statue apply.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.