The purpose of this proposed rule is to repeal a series of Special Acts of Local Application (Special Acts) for St. Lucie County. These Special Acts pre-date the statewide regulation of marine fisheries and were originally enacted by the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-3.041Repeal of St. Lucie County Special Acts of Local Application

PURPOSE AND EFFECT: The purpose of this proposed rule is to repeal a series of Special Acts of Local Application (Special Acts) for St. Lucie County. These Special Acts pre-date the statewide regulation of marine fisheries and were originally enacted by the Legislature as local fishing laws between 1919 and 1957. These Special Acts became rules of the Marine Fisheries Commission in 1983, and were then transferred to the Florida Fish and Wildlife Conservation Commission when the agency was created in 1999.

These Special Acts regulate spearfishing and skin diving or prohibit the use of certain nets or traps within specific areas of St. Lucie County that are either more restrictive or in conflict with more recent statewide regulations addressing the use of gear and management of marine species. This rulemaking is being conducted at the request of the St. Lucie County Board of County Commissioners.

The effect of this rule will be to remove a series of outdated or redundant local saltwater fishing rules and to conform the regulations applicable to St. Lucie County to statewide saltwater fishing rules, reducing confusion and improving the clarity of Florida’s statewide saltwater fishing regulations. This rule will not conflict with existing federal management plans.

SUMMARY: This proposed rule would repeal a series of Special Acts of Local Application for St. Lucie County that regulate spearfishing and skin diving or prohibit the use of certain nets or traps within specific areas of St. Lucie County that are either more restrictive or in conflict with more recent statewide regulations addressing the use of gear and management of marine species. Removing these outdated or redundant local saltwater fishing regulations will allow consistent application of current statewide regulations, and will reduce confusion and improve the clarity of Florida’s statewide saltwater fishing regulations. This rulemaking is being conducted at the request of the St. Lucie County Board of County Commissioners.

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 DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting November 16-17, 2016, 8:30 a.m. to 5:00 p.m., each day.

PLACE: USF Student Center, 200 6th Avenue South, St. Petersburg, FL 33701

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-3.041 Repeal of St. Lucie County Special Acts of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of St. Lucie County Special Acts of Local Application, Chapter 8187, Laws of Florida (1919), Chapter 11118, Laws of Florida (1925), Chapter 31234, Laws of Florida (1955), and Chapter 57-1791, Laws of Florida, will not adversely affect the marine resources of St. Lucie County or of the State of Florida, therefore St. Lucie County Special Acts Chapter 8187, Laws of Florida (1919), Chapter 11118, Laws of Florida (1925), Chapter 31234, Laws of Florida (1955), and Chapter 57-1791, Laws of Florida (1957), are hereby repealed.

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 ________.

 

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 Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 3, 2016