The purpose of this rule amendment is to prohibit the use in Boca Grande Pass of any fishing gear in which a weight directly attached to any hook, artificial fly, or lure hangs lower than the hook when the line or leader is suspended vertically from ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-4.018Boca Grande Pass Gear Restrictions

PURPOSE AND EFFECT: The purpose of this rule amendment is to prohibit the use in Boca Grande Pass of any fishing gear in which a weight directly attached to any hook, artificial fly, or lure hangs lower than the hook when the line or leader is suspended vertically from the fishing rod. Such gear possessed onboard a fishing vessel must be stowed in such a manner that its immediate use as a fishing implement is impracticable while within the boundaries of Boca Grande Pass.

The effect of these rule amendments will be a prohibition on the use of bottom-weighted hooks while fishing within the boundaries of Boca Grande Pass. This prohibition will apply for all species on a year-round basis. In addition, such gear possessed onboard a vessel operating within the boundaries of the Pass must be stowed in such a manner that its immediate use as a fishing implement is impracticable.

SUMMARY: 68B-4.018 will be amended to prohibit the attachment of a weight to any hook, artificial fly, or lure in a manner such that the weight hangs lower than the hook when the line or leader is suspended vertically from the rod while fishing within the boundaries of Boca Grande Pass. These prohibitions will apply year-round when fishing for any species in the Pass. Such gear possessed onboard a vessel operating within the boundaries of the Pass must be stowed in such a manner that its immediate use as a fishing implement is impracticable.

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 5-6, 2013, 8:30 a.m. – 5:00 p.m.

PLACE: Crowne Plaza Pensacola Grand Hotel, 200 East Gregory Street, Pensacola, FL 32502

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-4.018 Boca Grande Pass Gear Restrictions.

(1) No change.

(2) In Boca Grande Pass, weight shall not be attached to any hook, artificial fly or lure in a manner such that the weight hangs lower than the hook when the line or leader is suspended vertically from the rod. Such gear may not be attached to any rod, line, or leader and must be stowed as to make its immediate use as a fishing implement impracticable.

(3)(2) No change.

PROPOSED EFFECTIVE DATE: November 1, 2013.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-1-13.

 

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: June 12, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 2, 2013