The purpose of this rulemaking is to repeal outdated rule language found in Chapter 68B-4, Florida Administrative Code, that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-4.014Southwest Florida Purse Seine Restrictions: Gear Specifications; Area Limitation; Local Law Repeals

PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal outdated rule language found in Chapter 68B-4, Florida Administrative Code, that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net Limitation Amendment).

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. The local gear regulations in Rule 68B-4.014, Florida Administrative Code, were established prior to the Net Limitation Amendment, have not been updated. This rule appears to allow the use of purse seines up to 600 yards in length even if they exceed 500 square feet of mesh area within nearshore and inshore Florida waters, which is expressly prohibited by the Net Limitation Amendment. These outdated regulations can lead a person to believe that the use of net gear prohibited under the Net Limitation Amendment is still allowed in specific areas.

The effect of this repeal 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.

SUMMARY: This rulemaking would repeal outdated rule language found in Chapter 68B-4, Florida Administrative Code, that conflicts with provisions of the Net Limitation Amendment. Removing this outdated local saltwater fishing gear regulation will allow consistent application of current statewide regulations, and will reduce confusion and improve the clarity of Florida’s statewide saltwater fishing regulations.

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-4.014 Southwest Florida Purse Seine Restrictions: Gear Specifications; Area Limitation; Local Law Repeals.

Specific 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 7-1-93, Amended 9-30-96, Formerly 46-4.014,. Repealed _________.

 

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: November 16, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 2, 2016.