The purpose of this rule development is to repeal the Special Acts of Local Application for Indian River County. These Special Acts pre-date the statewide regulation of marine fisheries and were originally enacted by the Legislature as local ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

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 for Indian River County. These Special Acts pre-date the statewide regulation of marine fisheries and were originally enacted by the Legislature as local fishing laws. As part of its comprehensive marine fisheries rule review, the Florida Fish and Wildlife Conservation Commission, with input from affected counties, is evaluating all Special Acts to determine which ones are still necessary.

The Special Acts of Indian River County, Chapters 21305, 77-572, and 79-480, address the types of gear that may be used in the Indian River and require permission of adjacent property owners prior to harvesting oysters in the county. These Special Acts are more restrictive than more recent, statewide regulations addressing the harvest of oysters and use of various types of fishing gear, including limitations on the use of nets.

The effect of these rules will be to remove a series of outdated or redundant local saltwater fishing rules and to conform the regulations for these counties to statewide saltwater fishing rules, improving enforceability and public understanding of Florida’s fishing regulations and creating additional fishing opportunities.

SUMMARY: This rule would repeal Chapters 21305, 77-572, and 79-480, Indian River County Special Acts, allowing more current statewide regulations to apply in their place.

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.

A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting September 10-11, 2014, 8:30 a.m. – 5:00 p.m.

PLACE: Embassy Suites Orlando-Lake Buena Vista South, 4955 Kyngs Heath Road, Kissimmee, FL 34746

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, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-3.004 Repeal of Indian River County Special Acts of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of Indian River County Special Acts of Local Application, Chapters 21305, 77-572, and 79-480, Laws of Florida will not adversely affect the marine resources of Indian River County or of the State of Florida, therefore Indian River County Special Acts Chapters 21305, 77-572, and 79-480, Laws of Florida, 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.W.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 3, 2014