The proposed rule is a procedural rule which establishes standards to guide the Fish and Wildlife Conservation Commission rulemaking relating to fishing and hunting. The standards are based upon, but not the same as, standards created for the ...  


  • RULE NO: RULE TITLE
    68-1.004: Standards
    PURPOSE AND EFFECT: The proposed rule is a procedural rule which establishes standards to guide the Fish and Wildlife Conservation Commission rulemaking relating to fishing and hunting. The standards are based upon, but not the same as, standards created for the Marine Fisheries Commission in section 370.025, F.S. The proposed standards will apply to all FWC rules relating to hunting and saltwater and freshwater fishing promulgated after the effective date of the standards.
    SUMMARY: The standards for rulemaking will help FWC fulfill its mission to manage fish and wildlife resources of the state for their long-term benefit and for the benefit of people. The standards include: FWC shall use the best information available; Biological basis for rulemaking shall include use of stock assessments, management plans, biological surveys and other science-based information. The process of rulemaking shall be fair and equitable for all the people of the state. Rules relating to harvest of fish and wildlife shall be consistent with optimum sustainable populations and populations shall, when practicable, will be managed as a biological unit. When applicable, federal management plans, management by other states or interstate commissions should be considered.
    SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
    LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
    A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
    TIME AND DATE: Each day, June 7-8, 2006, 8:30 a.m. to 5:00 p.m.
    PLACE: Marriott West Palm Beach, 1001 Okeechobee Boulevard, West Palm Beach, Florida 33401.
    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: the ADA Coordinator, at (850)488-6411. If you are hearing or speech impaired, please contact the agency by calling (850)488-9542. 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: James Antista, General Counsel, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850) 487-1764.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    68-1.004 Standards. – The Fish and Wildlife Conservation Commission adopts the following standards to guide rulemaking relating to hunting and fishing:

    (1)  The paramount objective of rulemaking relating to hunting and fishing shall be the management of the fish and wildlife resources of this state for their long-term well-being and for the benefit of all the people.

    (2)  Rulemaking shall be based upon the best information available, including biological, sociological, economic, cultural, historical and other information deemed relevant by the Commission.

    (3) The biological basis for rulemaking should include but not be limited to stock assessments, biological surveys, management plans, or other science-based studies or information.

    (4)  With respect to harvested populations, rulemaking should permit reasonable means and quantities of harvest, consistent with optimum sustainable populations.  Optimum sustainable populations shall mean the highest degree of population productivity within available habitat to sustain fish and wildlife for the long term use or enjoyment of all the people.

    (5)  When possible and practicable, populations will be managed as a biological unit.  A biological unit shall mean a species or subspecies of fish or wildlife within their dependent habitat or ecosystem.

    (6)  Conservation and management decisions shall be derived through processes which are fair and accessible to all the people of the state and which are consistent with the procedures in Rule 68-1.001, F.A.C.

    (7)  When applicable, federal fish and wildlife management plans and management plans of other states or interstate commissions should be considered when developing state hunting and fishing rules.

    (8) This rule shall apply to rules and rule amendments relating to hunting and fishing proposed after July 1, 2006. In each final public hearing for such rules and rule amendments, a statement regarding compliance with this rule shall be made part of the official rulemaking record.

     

    Specific Authority Art. IV, Sec. 9, Fla. Const.  Law Implemented Art. IV, Sec. 9, Fla. Const.  History - New .

    NAME OF PERSON ORIGINATING PROPOSED RULE: James Antista, General Counsel.
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director.
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 1, 2006
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 21, 2006.
    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.W.

Document Information

Comments Open:
5/5/2006
Summary:
The standards for rulemaking will help FWC fulfill its mission to manage fish and wildlife resources of the state for their long-term benefit and for the benefit of people. The standards include: FWC shall use the best information available; Biological basis for rulemaking shall include use of stock assessments, management plans, biological surveys and other science-based information. The process of rulemaking shall be fair and equitable for all the people of the state. Rules relating to ...
Purpose:
The proposed rule is a procedural rule which establishes standards to guide the Fish and Wildlife Conservation Commission rulemaking relating to fishing and hunting. The standards are based upon, but not the same as, standards created for the Marine Fisheries Commission in section 370.025, F.S. The proposed standards will apply to all FWC rules relating to hunting and saltwater and freshwater fishing promulgated after the effective date of the standards.
Rulemaking Authority:
Article IV, Section 9, Florida Constitution.
Law:
Article IV, Section 9, Florida Constitution.
Contact:
James Antista, General Counsel, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850) 487-1764.
Related Rules: (1)
68-1.004. Standards