The purpose of this rule development is to repeal the Special Acts of Local Application (Special Acts) for Gilchrist and Indian River. Chapter 21254 allowed the year round sale of saltwater fish in Gilchrist County, provided the seller is ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-3.003Repeal of Chapter 21254, Gilchrist County Special Acts

68B-3.004Repeal of Chapters 21305, 77-572, and 79-480, Indian River County Special Acts

PURPOSE AND EFFECT: The purpose of this rule development is to repeal the Special Acts of Local Application (Special Acts) for Gilchrist and Indian River.

Chapter 21254, L.O.F., allowed the year round sale of saltwater fish in Gilchrist County, provided the seller is properly licensed. Chapter 21305, L.O.F., prohibited nets and limits the type of gear that can be used to take fish in the Indian River channel or its banks. Chapter 77-572, L.O.F., limited the type of fishing gear that can be used to take fish near the bridges of the Indian River and Sebastian Inlet or the canals of Indian River County. It also prohibited throwing cast nets from most Indian River County bridges. Chapter 79-480, L.O.F., prohibited shellfish harvest on submerged lands within 75 feet of the shore, with allowances for shellfish harvest on privately owned submerged lands or docks. These Special Acts will be repealed in order to ensure that current relevant statewide rules apply in these Counties, creating greater consistency among saltwater fishing regulations.

The effects of this rule will be to repeal a series of outdated and/or redundant saltwater fishing regulations, eliminate confusion, and increase consistency with current statewide regulation. The repeal of Chapter 21254, L.O.F., Gilchrist County Special Acts will have no effect on fishing regulations because the provisions of these Special Acts are already provided for elsewhere in Florida Statutes, the Florida Constitution and Florida Administrative Code. The repeal of Chapters 21305, 77-572 and 79-480, Indian River County Special Acts, will create greater consistency among Florida fishing regulations by ensuring that existing statewide gear regulations and regulations on oyster harvest are applied in Indian River County.

SUBJECT AREA TO BE ADDRESSED: Subject areas to be addressed in the rule development notice include the repeal of Special Acts; the sale of saltwater fish in Gilchrist County; the types of fishing gear permitted and areas they can be used, and shellfish harvest in marine waters of Indian River County.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Jessica McCawley, Director, Division of Marine Fisheries Management, Florida Fish and Wildlife Conservation Commission, 2590 Executive Center Circle E., Station 201, Tallahassee, Florida 32301, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.