The purpose and effect of this rule amendment would be to change the citation(s) in 68E-1.004 F.A.C. from 68A-5.004 F.A.C. to 68-1.010 F.A.C in accordance with the proposed rule change.

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Resources

RULE NO.: RULE TITLE:
68E-1.004: General Permit Application Procedures, Requirements and Expiration
68E-1.005: Suspension, Revocation and Penalties

PURPOSE AND EFFECT: The purpose and effect of this rule amendment would be to change the citation(s) in Rule 68E-1.004, F.A.C. from Rule 68A-5.004, F.A.C. to Rule 68-1.010, F.A.C., in accordance with the proposed rule change.

SUMMARY: The citation(s) to Rule 68A-5.004, F.A.C. in Rule 68E-1.004, F.A.C. will be changed to Rule 68-1.010, F.A.C.

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: 379.244(2), 379.2431(1), 379.1025 F.S.
LAW IMPLEMENTED: 379.244(2), 379.2431(1), 379.1025 F.S.

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 regular meeting of the Commission, May 2-3, 2012, 8:30 a.m.

PLACE: Plantation Golf Resort and Spa, 9301 West Fort Island Trail, Crystal River, FL 34429

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULES IS:

68E-1.004 General Permit Application Procedures, Requirements and Expiration.

(1) through (15) No change.

(16) Commission Marine Turtle Conservation Guidelines related to nesting surveys, nest relocation, release, and other management or conservation activities shall be distributed as appropriate. The Marine Turtle Conservation Guidelines are hereby incorporated by reference (5/07) and are available at the address listed in subsection (1) above. On a periodic basis, the Commission may develop new guidelines or update existing ones to reflect prudent conservation and research practices related to the recovery of marine turtle populations.

(a) No change.

(b) The failure of the Principal Permit Holder or any individual listed on the permit to follow guidelines of the Commission shall be grounds for the Commission to revoke any current permit or to deny future applications for authorization subject to subsection 68-1.010(5) 68A-5.004(5), F.A.C.

(c) through (d) No change.

(17) through (23) No change.

Rulemaking Specific Authority 379.244(2), 379.2431(1) FS. Law Implemented 379.244(2), 379.2431(1) FS. History–New 2-11-81, Amended 8-6-81, Formerly 16B-40.04, 16B-40.004, 16R-1.004, 62R-1.004, Amended 7-1-04, 12-9-07,_________.

 

68E-1.005 Suspensions and Revocation.

(1) No change.

(2) Permits issued under this chapter are subject to the provisions of Rule 68-1.010 68A-5.004, F.A.C.

Rulemaking Specific Authority 379.244(2), 379.2431(1) FS. Law Implemented 379.244(2), 379.2431(1) FS. History–New 2-11-81, Formerly 16B-40.05, 16B-40.005, 16R-1.005, 62R-1.005, Amended 12-9-07,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bud Vielhauer, General Counsel, 620 S. Meridian Street, Tallahassee, Florida 32399

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 23, 2012