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Conservation Commission’s Special Acts of Local Application related to local saltwater fishing regulations that is outdated, unnecessary, or has ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-3.001Repeal of Chapters 57-1218 and 57-1219, Charlotte County Special Acts

68B-3.002Repeal of Chapters 27473 and 30665, and Portions of Chapters 20159 and 26045, Collier County Special Acts of Local Application

68B-3.028Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts

68B-3.033Repeal of Chapter 21147, Citrus County Special Act of Local Application

68B-3.037Repeal of Chapter 15306, and Portions of Chapter 70-778, Lee County Special Acts of Local Applicaiton

68B-3.042Repeal of Portions of Chapters 24890 and 70-930, Sarasota County Special Acts of Local Application

68B-3.044Repeal of Bay County Special Act of Local Applications

68B-3.045Repeal of a Portion of Chapter 25714, Broward County Special Act of Local Application

68B-3.046Repeal of Clay County Special Act of Local Application

68B-3.047Repeal of Columbia County Special Act of Local Application

68B-3.048Repeal of Dixie County Special Acts of Local Application

68B-3.049Repeal of Portions of Chapters 7119, 25828, 25830, 61-2162, and 76-374, Flagler County Special Acts of Local Application

68B-3.050Repeal of Levy County Special Act of Local Application

PURPOSE AND EFFECT: 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Conservation Commission’s Special Acts of Local Application related to local saltwater fishing regulations that is outdated, unnecessary, or has potential to conflict with state law.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.

SUMMARY: This rulemaking will repeal outdated or inconsistent rule language found within the Florida Fish and Wildlife Conservation Commission’s Special Acts of Local Application that is in conflict with provisions of the Net Limitation Amendment (Article X, Section 16, Florida Constitution), that references penalties for violations involving the use of illegal net gear that are inconsistent with penalties established more recently by the Legislature, that is duplicative or inconsistent with statewide fishing or due process regulations, or that includes references to predecessor agencies that no longer exist.

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 SCHEDULED AND ANNOUNCED IN THE FAR.

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, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-3.001 Repeal of Chapters 57-1218 and 57-1219, and Portions of Chapters 19719, 27450, and 70-626, Charlotte County Special Acts.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Charlotte County Special Acts, Chapter 57-1218 and Chapter 57-1219, Laws of Florida (1957), will not adversely affect the marine resources of Charlotte County or of the State of Florida, therefore Charlotte County Special Acts Chapter 57-1218 and Chapter 57-1219, Laws of Florida (1957) are hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Charlotte County Special Acts of Local Application, Chapter 19719, Laws of Florida (1939), Chapter 27450, Laws of Florida (1951), and Chapter 70-626, Laws of Florida (1970), will not adversely affect the marine resources of Charlotte County or of the State of Florida.

(a) Sections 2, 3, 4, and 6 of Chapter 19719, Laws of Florida (1939), are hereby repealed.

(b) Sections 2, 3, 5, and 6 of Chapter 27450, Laws of Florida (1951), are hereby repealed.

(c) Section 3 of Chapter 70-626, Laws of Florida (1970), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-12, Amended _____.

 

68B-3.002 Repeal of Chapters 27473 and 30665, and Portions of Chapters 20159, and 26045, and 70-639, Collier County Special Acts of Local Application.

(1) No change.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Collier County Special Acts of Local Application, Chapter 20159, Laws of Florida (1939), and Chapter 26045, Laws of Florida (1949), and Chapter 70-639, Laws of Florida (1970), will not adversely affect the marine resources of Collier County or of the State of Florida.

(a) through (b) No change.

(c) Section 3 of Chapter 70-639, Laws of Florida (1970), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 6-30-13, Amended 2-1-17, _______.

 

68B-3.028 Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts.

(1) No change.

(2) The following special acts and portions thereof applicable to Escambia and Santa Rosa Counties, rules of the Department of Natural Resources pursuant to Section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, are hereby repealed:

(a) through (f) No change.

(g) Section 2 of Chapter 65-1519, Laws of Florida (1965), is hereby repealed. Applicable to Escambia County, Section 2 sets penalties for the use of net gear in violation of Chapter 65-1519, Laws of Florida (1965), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(h) Sections 22 and 23 of Chapter 81-376, Laws of Florida (1981), as amended by Chapter 89-473, Laws of Florida (1989), are hereby repealed. Applicable to Escambia County, Sections 22 and 23 set penalties for the use of net gear in violation of Chapter 81-376, Laws of Florida (1981), as amended by Chapter 89-473, Laws of Florida (1989), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 11-26-92, Amended 8-3-94, Formerly 46-3.028, Amended 2-1-17, _______.

 

68B-3.033 Repeal of Chapter 21147, and Portions of Chapters 15123, 30652, 61-2001, 63-1215 and 69-938, Citrus County Special Acts Act of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Citrus County Special Act of Local Application, Chapter 21147, Laws of Florida (1941), will not adversely affect the marine resources of Citrus County or of the State of Florida, therefore Citrus County Special Act of Local Application, Chapter 21147, Laws of Florida (1941), is hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Citrus County Special Acts of Local Application, Chapter 15123, Laws of Florida (1931), Chapter 30652, Laws of Florida (1955), Chapter 61-2001, Laws of Florida (1961), Chapter 63-1215, Laws of Florida (1963), and Chapter 69-938, Laws of Florida (1969), will not adversely affect the marine resources of Citrus County or of the State of Florida.

(a) Section 3 of Chapter 15123, Laws of Florida (1931), is hereby repealed.

(b) Sections 3 and 4 of Chapter 30652, Laws of Florida (1955), are hereby repealed.

(c) Sections 3 and 4 of Chapter 61-2001, Laws of Florida (1961), are hereby repealed.

(d) Section 2 of Chapter 63-1215, Laws of Florida (1963), is hereby repealed.

(e) Section 3 of Chapter 69-938, Laws of Florida (1969), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 2-1-17, Amended _______.

 

68B-3.037 Repeal of Chapter 15306, and Portions of Chapters Chapter 70-778 and 63-1554, Lee County Special Acts of Local Application.

(1) No change.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Lee County Special Acts Act of Local Application, Chapter 70-778, Laws of Florida (1970), and portions of Chapter 63-1554, Laws of Florida (1963), as amended by Chapter 79-494, Laws of Florida (1979), Chapter 80-524, Laws of Florida (1980), Chapter 81-409, Laws of Florida (1981), and Chapter 83-441, Laws of Florida (1983), will not adversely affect the marine resources of Lee County or of the State of Florida., therefore

(a) Section 3 of Lee County Special Act of Local Application, Chapter 70-778, Laws of Florida (1970), is hereby repealed.

(a) Subsection (2) of Section 1, and Section 2 of Chapter 63-1554, Laws of Florida (1963), as amended by Chapter 79-494, Laws of Florida (1979), Chapter 80-524, Laws of Florida (1980), Chapter 81-409, Laws of Florida (1981), and Chapter 83-441, Laws of Florida (1983), are hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 2-1-17, Amended _______.

 

68B-3.042 Repeal of Portions of Chapters 24890, 57-1844, 63-1907, and 70-930, Sarasota County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Sarasota County Special Acts of Local Application, Chapter 24890, Laws of Florida (1947);, Chapter 57-1844, Laws of Florida (1957), as amended by Chapter 63-1915, Laws of Florida (1963); Chapter 63-1907, Laws of Florida (1963); and Chapter 70-930, Laws of Florida (1970), will not adversely affect the marine resources of Sarasota County or of the State of Florida,. therefore Sarasota County Special Acts of Local Application, Chapter 24890, Laws of Florida (1947); Chapter 57-1844, Laws of Florida (1957), as ameded by Chapter 63-1915, Laws of Florida (1963); Chapter 63-1907, Laws of Florida (1963); and Chapter 70-930, Laws of Florida (1970), are hereby repealed.

(a) Section 3 of Chapter 24890, Laws of Florida (1947), is hereby repealed.

(b) Section 3 of Chapter 70-930, Laws of Florida (1970), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 2-1-17, Amended _______.

 

68B-3.044 Repeal of Bay County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Bay County Special Act of Local Application, Chapter 24111, Laws of Florida (1947), as amended by Chapter 25423, Laws of Florida (1949), will not adversely affect the marine resources of Bay County or of the State of Florida, therefore Bay County Special Act of Local Application, Chapter 24111, Laws of Florida (1947), as amended by Chapter 25423, Laws of Florida (1949), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New _______.

 

68B-3.045 Repeal of a Portion of Chapter 25714, Broward County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of a portion of Broward County Special Act of Local Application, Chapter 25714, Laws of Florida (1949), will not adversely affect the marine resources of Broward County or of the State of Florida, therefore Section 2 of Broward County Special Act of Local Application, Chapter 25714, Laws of Florida (1949), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New _______.

 

68B-3.046 Repeal of Clay County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Clay County Special Act of Local Application, Chapter 15125, Laws of Florida (1931), will not adversely affect the marine resources of Clay County or of the State of Florida, therefore Clay County Special Act of Local Application, Chapter 15125, Laws of Florida (1931), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New _______.

 

68B-3.047 Repeal of Columbia County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Columbia County Special Act of Local Application, Chapter 23010, Laws of Florida (1945), will not adversely affect the marine resources of Columbia County or of the State of Florida, therefore Columbia County Special Act of Local Application, Chapter 23010, Laws of Florida (1945), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New _______.

 

68B-3.048 Repeal of Dixie County Special Acts of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Dixie County Special Acts of Local Application, Chapter 21093, Laws of Florida (1941), as amended by Chapter 65-905, Laws of Florida (1965); Chapter 21188, Laws of Florida (1941); and Chapter 77-660, Laws of Florida (1977), will not adversely affect the marine resources of Dixie County or of the State of Florida, therefore Dixie County Special Acts of Local Application, Chapter 21093, Laws of Florida (1941), as amended by Chapter 65-905, Laws of Florida (1965); Chapter 21188, Laws of Florida (1941); and Chapter 77-660, Laws of Florida (1977), are hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New _______.

 

68B-3.049 Repeal of Portions of Chapters 7119, 25828, 25830, 61-2162, and 76-374, Flagler County Special Acts of Local Application

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Flagler County Special Acts of Local Application, Chapter 7119, Laws of Florida (1915), Chapter 25828, Laws of Florida (1949), Chapter 25830, Laws of Florida (1949), Chapter 61-2162, Laws of Florida (1961), and Chapter 76-374, Laws of Florida (1976), as amended by Chapter 77-554, Laws of Florida (1977), will not adversely affect the marine resources of Flagler County or of the State of Florida.

(a) Sections 4 and 5 of Chapter 7119, Laws of Florida (1915), are hereby repealed.

(b) Section 2 of Chapter 25828, Laws of Florida (1949), is hereby repealed.

(c) Sections 2 and 3 of Chapter 25830, Laws of Florida (1949), are hereby repealed.

(e) Section 2 of Chapter 61-2162, Laws of Florida (1961), is hereby repealed.

(e) Sections 2, 3, and 4 of Chapter 76-374, Laws of Florida (1976), as amended by Chapter 77-554, Laws of Florida (1977), are hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New _______.

 

68B-3.050 Repeal of Levy County Special Act of Local Application

The Fish and Wildlife Conservation Commission has determined that the repeal of Levy County Special Act of Local Application, Chapter 57-1531, Laws of Florida (1957), will not adversely affect the marine resources of Levy County or of the State of Florida, therefore Levy County Special Act of Local Application, Chapter 57-1531, Laws of Florida (1957), is hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. 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 Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018; July 24, 2018