The purpose of the proposed rule amendment is to regulate SCUBA diving on Chassahowitzka Wildlife Management Area.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-15.061Specific Regulations for Wildlife Management Areas - Southwest Region

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to regulate SCUBA diving on Chassahowitzka Wildlife Management Area.

SUMMARY: The proposed rule amendment would prohibit SCUBA diving on Chassahowitzka Wildlife Management Area, except by individuals at least 18 years of age that have completed a no-cost electronic SCUBA diving registration with the Commission. The registration that the proposed amendment creates, provides general and area specific safety information for potential SCUBA divers. The registration also requires SCUBA divers to acknowledge risk, assume risk, and accept release of liability, prior to conducting SCUBA diving activities on Chassahowitzka. Registered Divers must present a copy of the completed registration if requested by the Commission and registration does not eliminate the Chassahowitzka daily use permit fee.

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: Section 379.2223 FS

LAW IMPLEMENTED: Section 379.2223 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: ADA Coordinator [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: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-15.061 Specific Regulations for Wildlife Management Areas - Southwest Region

(1) through (13). No change.

(14)(a) through (d). No change.

(e) SCUBA diving on Chassahowitzka Wildlife Management Area is prohibited, except as otherwise provided in this paragraph.

1. SCUBA diving is allowed only by persons 18 years of age or older, after completion of the no-cost “Chassahowitzka WMA SCUBA Diving Registration” with the  Commission, prior to SCUBA diving, accessed at https://public.myfwc.com/CrossDOI/PermitMe. A document encompassing the content of the registration entitled “Chassahowitzka SCUBA Registration Instructions” (Dated December 2017), is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09134, or from the Commission, at The Southwest Regional Office, 3900 Drane Field Road, Lakeland, Florida 33811-1207.

2. SCUBA Divers are required to present an electronic or paper copy of proof of registration and government issued identification upon request by the Commission.

3. Completion of the Chassahowitzka SCUBA diver registration does not eliminate the Chassahowitzka daily use permit fee requirement.

(15) through (17). No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223, 375.313 FS. History–New 6-21-82, Amended 7-1-83, 11-17-83, 7-5-84, 10-1-84, 7-1-85, 9-19-85, 5-7-86, 5-10-87, 6-8-87, 10-8-87, 5-1-88, 7-1-89, 7-1-90, 7-1-91, 7-2-91, 7-1-92, 8-23-92, 7-1-93, 7-1-94, 7-1-95, 7-1-96, 9-15-96, 6-1-97, 8-7-97, 7-1-98, 10-20-98, 12-28-98, 7-1-99, Formerly 39-15.061, Amended 12-9-99, 3-30-00, 7-1-00, 7-1-01, 5-13-02, 5-25-03, 7-1-04, 7-1-05, 7-1-06, 7-1-07, 7-1-08, 7-1-09, 7-1-10, 7-1-11, 7-1-12, 7-1-13, 7-1-14, 7-1-15, 7-1-16, 7-1-17, 9-14-17, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 8, 2016