The purpose of this proposed rule amendment is to close what has become an enforcement loophole for persons violating the Commission’s netting rules. Recovery and disposal of monofilament netting is being used as a defense to rules prohibiting ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries

RULE NO: RULE TITLE
68B-4.009: Monofilament Line and Netting: Prohibition of Intentional Discard, Recovery Requirements, Recommendations for Appropriate Disposal
PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to close what has become an enforcement loophole for persons violating the Commission’s netting rules. Recovery and disposal of monofilament netting is being used as a defense to rules prohibiting possession of monofilament gill or entangling nets and requiring direct transit for persons seeking to use such nets in federal waters where they are legal. The effect of these rule changes should be to improve enforcement of those net provisions and make prosecutions of net violations more successful.

SUMMARY: The proposed rule change will prohibit the recovery or attempted recovery of any monofilament netting found in the waters of the State without having first notified the Division of Law Enforcement. Additionally, the proposed rule requires the recovery of such netting be supervised by an officer of the Division of Law Enforcement. The proposed rule shall not apply to monofilament netting found and recovered by any law enforcement agency in the State, or to any cast net, landing net, or dip net.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

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.

SPECIFIC 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 Commisssion’s regular meeting February 7-8, 2006, 8:30 a.m. – 5:00 p.m., each day

PLACE: Sandestin Golf and Beach Resort, 9300 Emerald Coast Parkway, West, Destin, Florida 32550

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: James V. Antista, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-4.009 Monofilament Line and Netting: Prohibition of Intentional Discard, Recovery Requirements, Recommendations for Appropriate Disposal.

(1) No person shall intentionally discard any monofilament fishing line or monofilament netting into or onto the waters of the state. Waste monofilament fishing line and monofilament netting shall be disposed of on land and, if the material is possessed aboard a vessel, it shall be safely kept aboard the vessel until such disposal can be accomplished.

(2) Any person recovering monofilament fishing line or monofilament netting from the waters of the state shall dispose of such material pursuant to subsection (1) of this rule. If the volume or condition of such material precludes the proper disposal thereof, the person shall notify the Division of Law Enforcement Marine Patrol of its location. No person shall recover or attempt to recover any monofilament netting found in the waters of the state without first having notified the Division of Law Enforcement. No such netting shall be recovered from state waters without an officer of the Division of Law Enforcement being present to supervise the recovery and disposal of the material. This subsection shall not apply to monofilament netting found and recovered by any law enforcement agency in the state, or to any cast net or landing or dip net.

(3) Each person operating a vessel in or on the waters of the state is encouraged to designate a container aboard the vessel for waste disposal of monofilament fishing line, monofilament netting, and any other nondegradable material.

(4) This rule is not intended as an exception to, or defense to any violation of, Rule 68B-4.008, 68B-4.0081, or 68B-4.0082, F.A.C.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Formerly 46-4.009, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Colonel Julie Jones, Director, Division of Law Enforcement

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2006