The purpose of this amendment is to consolidate and streamline local regulations related to shrimp into Chapter 68B-31, F.A.C., so they are easier for the public to find and understand. The effect of these rule amendments ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-3.008Repeal, Amendment, and Readoption of Sections of Chapter 70-973, Laws of Florida (1970), as Amended by Chapter 73-652, Laws of Florida (1973), Volusia County Special Act

68B-3.011Repeal and Readoption of Portions of Chapter 61-2566, Laws of Florida (1961), Okaloosa County Special Act

PURPOSE AND EFFECT: The purpose of this amendment is to consolidate and streamline local regulations related to shrimp into Chapter 68B-31, F.A.C., so they are easier for the public to find and understand. The effect of these rule amendments would be to move local shrimp regulations applicable to portions of Volusia and Okaloosa counties and consolidate these regulations into Florida’s shrimp regulations in Chapter 68B-31, F.A.C.

SUMMARY: These rule amendments would move specific shrimp regulations applicable to portions of Volusia and Okaloosa counties from Chapter 68B-3, F.A.C., (Local Laws) into Chapter 68B-31, F.A.C. (Shrimp) so they are easier for the public to find and understand. This rulemaking accompanies amendments to Chapter 68B-31, 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: 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 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: 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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-3.008 Repeal, Amendment, and Readoption of Sections of Chapter 70-973, Laws of Florida (1970), as Amended by Chapter 73-652, Laws of Florida (1973), Volusia County Special Act.

(1) through (2) No change.

(3) This section intended to readopt certain provisions of chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), as a Commission rule. As of the effective date of this section, the aforesaid chapter 70-973, Laws of Florida (1970), as amended by chapter 73-652, Laws of Florida (1973), as readopted, shall read as follows:

(a) through (e) No change.

(f) Except as provided in this paragraph, Sshrimp harvest in Volusia County shall be conducted pursuant to Cchapter 68B-31, F.A.C. The following requirements shall apply to shrimp harvest in all waters of Volusia County landward of the Colregs Demarcation Line:

1. Only recreational and live bait shrimp production shall be allowed in this area.

2. Wing nets, each with a perimeter no greater than 26 feet, landing or dip nets, push nets, and cast nets shall be the only form of allowable gear for live bait shrimp production in this area.

3. No person harvesting shrimp in this area shall conduct such harvest from a vessel under power.

4. Live bait shrimp production using wing nets is prohibited in this area from March 1 through June 30 of each year.

(g) through (h) No Change.

Rulemaking Authority Art. IV, Sec. 9, Florida Const. Law Implemented Art. IV, Sec. 9, Florida Const. History–New 10-19-89, Amended 1-9-91, 1-1-92, 7-1-92, 11-26-92, 10-3-94, 9-30-96, 7-30-97, Formerly 46-3.008, Amended 10-16-02, 1-1-05, 3-1-05, _______.

 

68B-3.011 Repeal and Readoption of Portions of Chapter 61-2566, Laws of Florida (1961), Okaloosa County Special Act.

(1) through (2) No change.

(3) Closed Areas for Food Shrimp Production in Okaloosa County – No person shall harvest shrimp as a food shrimp producer, as defined in Rule 68B-31.006, F.A.C., in the following waters of Okaloosa County:

(a) All the waters of Five Mile Bayou west of the State Road 85 bridge crossing said bayou.

(b) All the waters of Chula Vista Bayou, Don’s Bayou, Little Bayou, and Garnier Bayou north of the State Road 85 bridge crossing Garnier Bayou.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., s. 2, Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-92, Formerly 46-3.011, Amended             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 2, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2024