The purpose of this new rule is to establish annual dates for license-free saltwater fishing days. This rule will waive the license requirements for saltwater recreational fishing for four days out of the year. All other rules such as seasons, bag ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-2.009Designation of License-Free Saltwater Fishing Days

PURPOSE AND EFFECT: The purpose of this new rule is to establish annual dates for license-free saltwater fishing days. This rule will waive the license requirements for saltwater recreational fishing for four days out of the year. All other rules such as seasons, bag limits and size limits still apply on these days. Florida Statutes allows the Florida Fish and Wildlife Conservation Commission (Commission) to waive the license requirement four times per year. This will provide consistent and predictable license-free saltwater fishing days. License-free fishing days are intended to create a means of introducing new participants to the sport of fishing and are expected to have positive economic impacts by encouraging residents and visitors to participate in recreational fishing.

The effect of this new rule will be to consistently allow four annual saltwater license-free fishing days. These days will allow anglers to fish without a license and will occur on the first Saturday and Sunday in June, the first Saturday in September, and the Saturday following Thanksgiving.

SUMMARY: Rule 68B-2.009, F.A.C., will be added to allow four days out of the year where saltwater recreational fishers are exempt from the license requirement.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATES AND TIME: During the Commission’s regular meeting November 20-21, 2013, 8:30 a.m. − 5:00 p.m.

PLACE: Hyatt Regency Bonaventure Conference Center, 250 Racquet Club Road, Weston, FL 33326

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: The ADA Coordinator at [phone]. 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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-2.009 Designation of License-Free Saltwater Fishing Days.

Notwithstanding the provisions of Section 379.354, F.S., any person may take or attempt to take saltwater fish for noncommercial purposes during “License-Free Saltwater Fishing Days” without obtaining or possessing a license as otherwise required by that section. “License-Free Saltwater Fishing Days” are hereby designated as the first Saturday and Sunday in June, the first Saturday in September and the Saturday following Thanksgiving. Any person taking or attempting to take saltwater fish during said periods shall comply with all other laws or regulations governing the holders of saltwater recreational fishing licenses, and all other conditions and limitations regulating the taking of saltwater fish as are imposed by law or rule.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New_________.

 

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.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 5, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 7, 2013