The purpose of this rulemaking is to amend outdated rule language found in Chapter 68B-25, Florida Administrative Code that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-25.003Old Tampa Bay: Repeal of Local Laws; Prohibition of Certain Gear

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend outdated rule language found in Chapter 68B-25, Florida Administrative Code that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net Limitation Amendment).

The Net Limitation Amendment was adopted by Florida voters in 1994 and became effective July 1, 1995, and prohibits the use of any gill or entangling net in any Florida waters, and the use of any net that contains more than 500 square feet of mesh area in nearshore and inshore Florida waters. Some of the local gear regulations in Division 68B, Florida Administrative Code, that were established prior to the Net Limitation Amendment have not been updated, and appear to authorize the use of prohibited net gear in certain areas of the state. These outdated regulations conflict with provisions of the Net Limitation Amendment and can lead a person to believe that the use of net gear prohibited under the Net Limitation Amendment is still allowed in specific areas.

The effect of this rulemaking will be to reduce confusion and improve the clarity of Florida’s statewide fishing gear regulations and to create greater consistency with respect to fishing regulations around the state. This rulemaking will not conflict with existing federal management plans.

SUMMARY: This rulemaking would amend outdated rule language found in Chapter 68B-25, Florida Administrative Code, that conflicts with provisions of the Net Limitation Amendment. Amending these outdated local saltwater fishing gear regulations will allow consistent application of current statewide regulations, and will reduce confusion and improve the clarity of Florida’s statewide saltwater fishing regulations.

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 SCHEDULED AND ANNOUNCED IN THE FAR.

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-25.003 Old Tampa Bay: Repeal of Local Laws; Prohibition of Certain Gear.

(1) Chapter 15379, Laws of Florida (1931), as amended by Chapter 18740, Laws of Florida (1937), a rule of the Department of Natural Resources pursuant to paragraph (5)(a) of section 2 of Chapter 83-134, Laws of Florida, is hereby repealed. The Marine Fisheries Commission has determined that repeal of this law affecting Pinellas and Hillsborough Counties, in conjunction with adoption of the substantive portions of this rule will not adversely affect the marine resources of the two counties or of the State of Florida.

(2) No person shall harvest any fish in and on the waters of Old Tampa Bay north of the Gandy Bridge, including any creek or bayou emptying into such waters, except with the following gear:

(a) Hook and line gear.

(b) Landing or dip net.

(c) Cast net.

(d) Gill or trammel net.

(e) through (f) renumbered as (d) through (e) No change.

Specific 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 1-1-90, Formerly 46-25.003, Amended 3-1-05, ________.

 

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, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 16, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 2, 2016