The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-660.820: General Permit for Fish Farms
62-660.821: General Permit for Marine Bivalve Facilities
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Rules 62-660.820 and 62-660.821, , F.A.C., are older rules that create general permits for construction and operation of fish farms and marine bivalves (aquaculture facilities). The Department of Environmental Protection no longer has statutory authority for these general permits. Pursuant to Sections 597.004 and 403.0885(5), F.S., the authority to regulate aquaculture activities has transferred to the Florida Department of Agriculture and Consumers Services (FDACS). These types of facilities are now covered under FDACS Aquaculture Certification.
OTHER RULES INCORPORATING THIS RULE: Rule 62-660.820 is referenced in paragraph 62-344.500(2)(g), F.A.C. Rule 62-660.821 is referenced in Rule 62-344.500, F.A.C.
EFFECT ON THOSE OTHER RULES: Repeal of Rules 62-660.820 and 62-660.821, F.A.C., is not expected to have any effect on Rules 62-344.500 and 62-341.602, F.A.C., because fish farms are now covered under the FDACS Aquaculture Certification. However these citations will need to be corrected.
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: Pursuant to the Department's review under Executive Order 11-01 the repeal of these unnecessary rules will not have an adverse impact or impose a regulatory cost.
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: 403.051, 403.0877, 403.814 FS.
LAW IMPLEMENTED: 120.55, 403.051, 403.0877, 403.814 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 6, 2012, 10:00 a.m.
PLACE: 2600 Blair Stone Rd., Room 609, Tallahassee, FL 32399
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: Allen Hubbard, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone], [e-mail]. 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: Allen Hubbard, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone]; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-660.820 General Permit for Fish Farms.

Rulemaking Specific Authority 403.051, 403.0877, 403.814 FS. Law Implemented 120.55, 403.051, 403.0877, 403.814 FS. History–New 4-30-92, Amended 4-14-94, Formerly 17-660.820, Amended 12-24-96, Repealed_________.

 

62-660.821 General Permit for Marine Bivalve Facilities

Rulemaking Specific Authority 403.051, 403.0877, 403.814 FS. Law Implemented 120.55, 403.051, 403.0877, 403.814 FS. History–New 3-8-93, Formerly 17-660.821, Amended 12-24-96, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Hubbard
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2011