The purpose of this rule amendment is to repeal two Special Acts of Local Application for Collier County. The first act (Chapter 27473) prohibits the use of artificial light while spearing or gigging fish in state waters off Collier county, while ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-3.002Repeal of Chapters 27473 and 30665, Collier County Special Acts

PURPOSE AND EFFECT: The purpose of this rule amendment is to repeal two Special Acts of Local Application for Collier County. The first act (Chapter 27473) prohibits the use of artificial light while spearing or gigging fish in state waters off Collier county, while the second (Chapter 30665) prohibits harvesting any fish from waters off Collier County using a spear, gig, or other spearing device. In February, the FWC received a letter from the Collier County Board of Commissioners requesting that FWC repeal these two Special Acts of Local Application, stating that the rules are antiquated and not in the public’s best interest.

The effect of this rule amendment will be to allow spearing (spearfishing, gigging, and bowfishing) and allow the use of lights when gigging and spearfishing in the state waters off Collier County. As a result of this rule amendment, all statewide regulations regarding spearing will apply in Collier County. This rule amendment will also remove regulatory impediments for divers interested in using spears to remove non-native, invasive lionfish from the waters off Collier County.

SUMMARY: Chapter 68B-3, F.A.C., would be amended to repeal Chapters 27473 and 30665, two Special Acts of Local Application which prohibit using artificial light while spearing or gigging (Ch 27473), and harvesting any fish using any spearing device (30665) in state waters off Collier County.

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 HELD AT THE DATES, TIMES AND PLACE SHOWN BELOW:

DATES AND TIMES: During the Commission’s regular meeting June 11, 2013, 1:00 p.m. – 5:00 p.m. and June 12-13, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Garden Inn Lakeland, 3839 Don Emerson Drive, Lakeland, Florida 33811

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 [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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-3.002 Repeal of Chapters 27473 and 30665, Collier County Special Acts of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of Collier County Special Acts of Local Application, Chapter 27473, Laws of Florida (1951), and Chapter 30665, Laws of Florida (1955), will not adversely affect the marine resources of Collier County or of the State of Florida, therefore Collier County Special Acts Chapter 27473, Laws of Florida (1951), and Chapter 30665, Laws of Florida (1955), are hereby repealed.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 21, 2013