The purpose of this rule amendment is to allow spearfishing in state waters off Collier County. Spearfishing is currently prohibited in state waters off Collier County in accordance with Chapter 30665, Special Acts of Local Application: Collier ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-20.003Spearing, Statewide Regulation; Prohibition Against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts

PURPOSE AND EFFECT: The purpose of this rule amendment is to allow spearfishing in state waters off Collier County. Spearfishing is currently prohibited in state waters off Collier County in accordance with Chapter 30665, Special Acts of Local Application: Collier County and by Chapter 68B-20, F.A.C., via reference to Section 379.2425, F.S. In February, the FWC received a letter from the Collier County Board of Commissioners stating that the prohibition on spearfishing was antiquated and not in the public’s best interest and requesting that FWC repeal Chapter 30665, Special Acts of Local Application: Collier County, in order to allow spearfishing in the state waters off their county. This rule amendment would repeal the prohibition on spearfishing in state waters off Collier County upon concurrent repeal of Chapter 30665.

The effect of this rule amendment will to allow spearfishing in the state waters off Collier County. As a result of this rule amendment, all current 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: Rule 68B-20, F.A.C., would be amended to explicitly allow spearfishing in state waters off Collier County, allowing the existing statewide spearing regulations to apply in those waters.

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-20.003 Spearing, Statewide Regulation; Prohibition Against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts.

(1) Spearing is lawful in all salt waters and salt tributaries located in the State of Florida except:

(a) As provided in Section 379.2425, F.S. Notwithstanding the prohibition contained in that section, spearfishing is allowed in state waters off Collier County except as prohibited in this chapter and elsewhere in Division 68B, Florida Administrative Code; and

(b) As prohibited in this chapter, and elsewhere in Division Title 68B, Florida Administrative Code.

(2) through (8) No change.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 6-17-85, Amended 1-1-98, Formerly 46-20.003, Amended________.

 

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