The purpose of this rulemaking is to repeal or amend outdated rule language found in Chapter 68B-3, Florida Administrative Code, and in Florida’s Special Acts of Local Application that appears to authorize the use of net gear that is prohibited by ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-3.002Repeal of Chapters 27473 and 30665, Collier County Special Acts of Local Application

68B-3.009Brevard County: Turkey Creek and Crane Creek Gear Specifications; Definitions

68B-3.028Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts

68B-3.029Repeal and Readoption of Portions of Chapter 69-1097, Laws of Florida (1969), as Amended by Chapter 70-707, Laws of Florida (1970), and Chapter 73-482 (1973), Hernando County Special Act

68B-3.031Repeal and Readoption of Portions of Chapter 21365, Laws of Florida (1941), Manatee County Special Act

68B-3.032Repeal of Portions of Chapter 71-770, Laws of Florida (1971), Martin County Special Act

68B-3.033Repeal of Chapter 21147, Citrus County Special Act of Local Application

68B-3.034Repeal of Dade County Special Act local Application

68B-3.035Repeal of Gulf County Special Act of Local Application

68B-3.036Repeal of Portions of Chapter 6311, Lafayette County Special Act of Local Application

68B-3.037Repeal of Chapter 15306, and Portions of Chapter 70-778, Lee County Special Acts of Local Application

68B-3.038Repeal of Portions of Chapters 8796, 20045, and 31137, Palm Beach County Special Acts of Local Application

68B-3.039Repeal of Chapter 71-838 and Portions of Chapters 6638, 14305, 65-2078, and 71-838, Pasco County Special Acts of Local Application

68B-3.040Repeal of Portions of Chapters 21099, 23480, 27467, 29433, 76-482, and 81-465, Pinellas County Special Acts of Local Application

68B-3.042Repeal of Portions of Chapters 24890 and 70-930, Sarasota County Special Acts of Local Application

68B-3.043Repeal of Portions of Chapter 65-2369, Walton County Special Acts of Local Application

PURPOSE AND EFFECT: The purpose of this rulemaking is to repeal or amend outdated rule language found in Chapter 68B-3, Florida Administrative Code, and in Florida’s Special Acts of Local Application that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net Limitation Amendment), or that references penalties for violations involving the use of illegal net gear that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

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, and in Florida’s Special Acts of Local Application (Special Acts) 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. Several Special Acts of Local Application that implement outdated net gear regulations also establish specific penalties for the use of net gear in violation of that specific regulation. The Legislature has since provided penalties for net fishing violations and other fishery violations in Florida Statutes that apply consistently statewide. Repealing the outdated penalties in the Special Acts will eliminate confusion and clarify that the relevant penalties listed in Florida Statue apply.

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 repeal or amend outdated rule language found in Chapter 68B-3, Florida Administrative Code, and within Florida’s Special Acts of Local Application (Special Acts) that are in conflict with provisions of the Net Limitation Amendment or that references penalties for violations involving the use of illegal net gear that are inconsistent with more recently established statewide penalties in Florida Statutes created by the Legislature. Removing or 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-3.002 Repeal of Chapters 27473 and 30665, and Portions of Chapters 20159 and 26045, Collier County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Collier County Special Acts of Local Application, Chapter 27473, Laws of Florida (1951), and Chapter 30665, Laws of Florida (1955), will not adversely affect the marine resources of Collier County or of the State of Florida, therefore Collier County Special Acts Chapter 27473, Laws of Florida (1951), and Chapter 30665, Laws of Florida (1955), are hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Collier County Special Acts of Local Application, Chapter 20159, Laws of Florida (1939), and Chapter 26045, Laws of Florida (1949), will not adversely affect the marine resources of Collier County or of the State of Florida.

(a) Section 2 of Chapter 20159, Laws of Florida (1939), is hereby repealed.

(b) Section 4 of Chapter 26045, Laws of Florida (1949), is 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 6-30-13, Amended ________.

 

68B-3.009 Brevard County: Turkey Creek and Crane Creek Gear Specifications; Definitions.; Repeal of Chapters 28927, 30601, and 63-910, Brevard County Special Acts of Local Application.

(1) No person shall harvest or attempt to harvest any fish in or from the waters of Turkey Creek or Crane Creek, except with the following gear:

(a) Hook and line gear.

(b) Landing or dip net.

(c) Cast net.

(d) A crab trap specifically allowed by Rule 68B-13.002, F.A.C., or Section 379.366, F.S.

(2) The phrase “waters of Turkey Creek or Crane Creek” means all waters of those two creeks in Brevard County, including any tributary emptying into said creeks, westward of a line drawn between the two easternmost points of land at the respective mouths of the creeks.

(3) The Fish and Wildlife Conservation Commission has determined that the repeal of Brevard County Special Acts of Local Application, Chapter 28927, Laws of Florida (1953), Chapter 30601, Laws of Florida (1955), and Chapter 63-910, Laws of Florida (1963), will not adversely affect the marine resources of Brevard County or of the State of Florida, therefore Brevard County Special Acts Chapter 28927, Laws of Florida (1953), Chapter 30601, Laws of Florida (1955), and Chapter 63-910, Laws of Florida (1963), are hereby repealed.

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 4-18-90, Formerly 46-3.009; Amended ________.

 

68B-3.028 Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts.

(1) The Marine Fisheries Commission has determined that the repeal of the following Escambia and Santa Rosa Counties Special Acts or portions thereof, as enumerated in subsection (2), and that the readoption of portions of Chapter 7584, Laws of Florida (1917), and of Chapter 78-502, Laws of Florida (1978), in conjunction with the adoption of comprehensive gear rules in Chapter 68B-4, F.A.C., will not adversely affect the marine resources of these counties or of the State of Florida.

(2) The following special acts and portions thereof applicable to Escambia and Santa Rosa Counties, rules of the Department of Natural Resources pursuant to Section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, are hereby repealed pursuant to the following schedule:

(a) Section 2 of Chapter 78-501, Laws of Florida (1978), is repealed effective January 1, 1995. Applicable to Escambia County, this section establishes a minimum mesh size for nets in the county.

(b) Section 4 of Chapter 78-501, Laws of Florida (1978), is hearby repealed. Applicable to Escambia County, Section 4 sets penalties for the use of net gear in violation of Chapter 78-501, Laws of Florida (1978), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(c)(b) Chapter 78-502, Laws of Florida (1978), a law regulating net size and the use of nets applicable to Escambia and Santa Rosa Counties is repealed effective January 1, 1993.

(d)(c) Chapter 7584, Laws of Florida (1917), is repealed effective January 1, 1993. Applicable to Santa Rosa County, this law establishes a minimum mesh size and minimum length for seines used in the county.

(e) Section 2 of Chapter 26212, Laws of Florida (1949), is hearby repealed. Applicable to Santa Rosa County, Section 2 establishes penalties for the use of net gear in violation of Chapter 26212, Laws of Florida (1949), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(f) Section 2 of Chapter 78-613, Laws of Florida (1978), is hearby repealed. Applicable to Santa Rosa County, Section 2 sets penalties for the use of net gear in violation of Chapter 78-613, Laws of Florida (1978), that are inconsistent with more recently established statewide statutory penalties created by the Legislature.

(3) Use or Purse Seines Prohibited in Escambia and Santa Rosa Counties – Except as provided in this subsection, no person shall fish with, set, or place any purse seine in the saltwaters of Escambia and Santa Rosa Counties landward of the Colregs Demarcation line. The Marine Fisheries Commission finds that the harvest of menhaden by purse seine in the inside waters of Escambia and Santa Rosa Counties during the summer months serves the public purpose of avoiding the nuisance and public health problems associated with menhaden die-offs during these months. The Commission also finds that this harvest will not adversely affect the long-term abundance of menhaden in the area, if appropriate restrictions on seasonal and total annual harvest are adopted. Accordingly, menhaden (any species of the genus Brevoortia) may be harvested in the inside waters of these counties (landward of the Colregs Demarcation Line) by or with the use of a purse seine, subject to the following conditions:

(a) The fishing season for the commercial harvest of menhaden in the inside waters of Escambia and Santa Rosa Counties shall open on June 1 of each year and close on May 31 of the following year, unless closed earlier pursuant to paragraphs (b) or (c).

(b) If the total commercial harvest of menhaden in these counties during the period beginning on June 1 and ending on October 31 of each year is not projected to reach 1,000,000 pounds, the menhaden purse seine season for the inside waters of Escambia and Santa Rosa Counties shall be closed on November 1 by the Executive Director of the Commission upon notice and in the manner provided in Section 120.81(5), Florida Statutes. If the season is closed pursuant to this paragraph, it shall not reopen until the following June 1.

(c) If the total commercial harvest of menhaden in these counties during a particular season is projected to reach 3,000,000 pounds before May 31, the menhaden purse seine season for the inside waters of Escambia and Santa Rosa Counties shall be closed on the date such harvest is projected to reach that amount by the Secretary of the Department of Environmental Protection upon notice and in the manner provided in Section 120.81(5), Florida Statutes. If the season is closed pursuant to this paragraph, it shall not reopen until the following June 1.

(d) The total commercial harvest of menhaden in Escambia and Santa Rosa Counties during a particular commercial fishing season shall consist of those menhaden commercially harvested by all forms of gear from all waters of these counties and waters of the federal Exclusive Economic Zone (EEZ) contiguous to such waters, based on projections from official statistics collected and maintained by the Florida Department of Environmental Protection pursuant to Florida’s Marine Fisheries Information System, Chapter 62R-5, F.A.C. The count shall begin with menhaden harvested on or after June 1 and continue until May 31 of the following year or until the harvest limit prescribed in paragraph (c) is reached, whichever occurs first.

(e) The following gear and area restrictions shall apply to any person harvesting menhaden by or with the use of any purse seine in the inside waters of Escambia and Santa Rosa Counties:

1. No person shall harvest menhaden in these waters by or with the use of a purse seine from any vessel with a documented length of 40 feet or greater.

2. No purse seine with a total length longer than 400 yards shall be fished with, set, or placed in the water pursuant to this subsection.

3. No person harvesting menhaden pursuant to this subsection shall fish with, set, or place any purse seine in the waters of Big Lagoon, Santa Rosa Sound, Escambia Bay north of the railroad trestle across the bay just north of the Interstate 10 bridge, Blackwater Bay north of the respective Interstate 10 bridge across the bay, or in any bayou in the inside waters of these counties, except Bayou Texar and Bayou Chico. For the limited purposes of this subsection, this subparagraph shall supersede the provisions of section 1 of Chapter 78-501, Laws of Florida.

4. No person harvesting menhaden pursuant to this subsection shall fish with, set, or place any purse seine in the waters of Escambia or Santa Rosa Counties during any weekend (between official sunset on Friday through official sunrise on the following Monday) or on any state holiday as specified in Section 110.117(1), Florida Statutes.

5. Species other than menhaden harvested as an incidental bycatch in the course of purse seine harvest pursuant to this subsection shall not be deemed to have been unlawfully harvested if the combined whole weight of such bycatch does not exceed two percent by weight of all fish in possession of the harvester in or on the inside waters of Escambia or Santa Rosa Counties at any time, except that any fish for which the Marine Fisheries Commission has established a bag limit shall not be retained and shall be released free, alive, and unharmed.

(4) Minimum Mesh Size for Gill and Trammel Nets in Escambia and Santa Rosa Counties – Until January 1, 1995, no person shall fish with, set or place in the saltwaters of Escambia or Santa Rosa Counties any gill or trammel net with a stretched mesh of less than 2 5/8 inches.

(5) Minimum Seine Length in Santa Rosa County – Beginning January 1, 1993 the use of a seine less than 350 yards in length in the saltwaters of Santa Rosa County is prohibited.

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 11-26-92, Amended 8-3-94, Amended ________, Formerly 46-3.028.

 

68B-3.029 Repeal and Readoption of Portions of Chapter 69-1097, Laws of Florida (1969), as Amended by Chapter 70-707, Laws of Florida (1970), and Chapter 73-482 (1973), Hernando County Special Act.; Repeal of Portions of Chapters 18571 and 69-1103, Hernando County Special Acts of Local Application.

(1) The Marine Fisheries Commission has determined that the repeal and readoption of portions of Chapter 69-1097, Laws of Florida (1969), as amended by Chapter 70-707, Laws of Florida (1970), and Chapter 73-482, Laws of Florida (1973), a Hernando County Special Act, in conjunction with the adoption of comprehensive gear rules in Chapter 68B-4, F.A.C., will not adversely affect the marine resources of Hernando County or of the State of Florida. The law prohibits stop netting, establishes a minimum mesh size and length for nets and seines, and provides for law enforcement and penalties.

(2) Chapter 69-1097, Laws of Florida (1969), as amended by Chapter 70-707, Laws of Florida (1970), and Chapter 73-482, Laws of Florida (1973), a rule of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to Section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, is hereby repealed effective January 1, 1993.

(3) Prohibition of the Use of a Beach or Haul Seine from a Vessel Under Power – Beginning January 1, 1993, no person shall harvest fish from the saltwaters of Hernando County south of Raccoon Point, with a beach or haul seine from:

(a) A vessel propelled by any type of gasoline or diesel engine or engines, motor or motors, inboard or outboard; or

(b) Any vessel being pulled, towed, or pushed by another vessel which is propelled by any type of gasoline or diesel engine or engines, motor or motors, whether inboard or outboard.

(4) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Hernando County Special Acts of Local Application, Chapter 18571, Laws of Florida (1937), as amended by Chapter 19863, Laws of Florida (1939), and portions of Chapter 69-1103, Laws of Florida (1969), will not adversely affect the marine resources of Hernando County or of the State of Florida.

(a) Section 3 of Chapter 18571, Laws of Florida (1937), as amended by Chapter 19863, Laws of Florida (1939), is hereby repealed.

(b) Section 3 of Chapter 69-1103, Laws of Florida (1969), is 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 11-26-92, Amended 9-30-96, Amended ________, Formerly 46-3.029.

 

68B-3.031 Repeal and Readoption of Portions of Chapter 21365, Laws of Florida (1941), Manatee County Special Act.

(1) through (2) No change.

(3) Closed Areas for Fishing in Manatee County – Beginning January 1, 1993 no person shall fish with, set, or place any seine, haul seine, drag net, gill net, stop net, or any other seine or net, in the waters of the Manatee River and any of its tributaries and in the waters of Terra Ceia Bay and any of its tributaries, bayous and inlets in Manatee County, Florida as specified in paragraph (3)(a), except as expressly authorized in paragraph (3)(b).

(a) For purposes of this Rule, the Manatee River is defined as all the waters of the river and its tributaries lying east of a line drawn from Davis Point, sometimes called Bishop’s Point, due north to the north bank thereof, and Terra Ceia Bay is defined as all the waters of the bay and its tributaries, bayous and inlets east of a line drawn from Snead’s Point to Terra Ceia Point.

(b) Fishing with a common hand cast net, as defined in Rule 68B-4.002(2), F.A.C., or a common bait net, defined as one not over 100 feet in length and not over 4 feet in depth, is permitted in all of the areas described in paragraph (3)(a). In Terra Ceia Bay, as defined in paragraph (3)(a), no person shall use a gill net with a mesh size of less than 3 inches stretched mesh.

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 11-26-92, Amended ________, Formerly 46-3.031.

 

68B-3.032 Repeal of Portions of Chapters Chapter 71-770, 18683, and 19971, Laws of Florida (1971), Martin County Special Acts Act.

(1) The Marine Fisheries Commission has determined that the repeal of portions of Chapter 71-770, Laws of Florida (1971), a Special Act of Martin County, in conjunction with the adoption of comprehensive gear rules in Chapter 68B-4, F.A.C., will not adversely affect the marine resources of these counties or of the State of Florida. The portions of the law being repealed regulate gill net mesh, allowable twine and the manner of measuring mesh.

(a)(2) Sections 4 and 5 of Chapter 71-770, Laws of Florida (1971), a rule of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to Section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, are repealed effective January 1, 1995.

(b) Sections 7, 14, and 15 of Chapter 71-770, Laws of Florida (1971), rules of the Fish and Wildlife Conservation Commission (formerly the Department of Natural Resources) pursuant to Section 2, subsection (5) of Chapter 83-134, Laws of Florida, as amended by Chapter 84-121, Laws of Florida, are hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Martin County Special Acts of Local Application, Chapter 18683, Laws of Florida (1937), and Chapter 19971, Laws of Florida (1939), will not adversely affect the marine resources of Martin County or of the State of Florida.

(a) Section 2 of Chapter 18683, Laws of Florida (1937), is hereby repealed.

(b) Section 2 of Chapter 19971, Laws of Florida (1939), is hereby repealed.

(3) Allowable Nets in Martin County – Beginning January 1, 1993, no person shall fish with, set, or place in the inside waters of Martin County any net or trap except for the following:

(a) Minnow seines no more than not over thirty feet in length with no more than 500 square feet of mesh area, long used only for catching bait;

(b) Cast nets;

(c) Landing or dip nets;

(d) Crab traps authorized pursuant to Rule Chapter 68B-45, F.A.C.

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 11-26-92, Amended 9-30-96, Amended ________, Formerly 46-3.032.

 

68B-3.033 Repeal of Chapter 21147, Citrus County Special Act of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of Citrus County Special Act of Local Application, Chapter 21147, Laws of Florida (1941), will not adversely affect the marine resources of Citrus County or of the State of Florida, therefore Citrus County Special Act of Local Application, Chapter 21147, Laws of Florida (1941), is 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 ________.

 

68B-3.034 Repeal of Dade County Special Act of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of Dade County Special Act of Local Application, Chapter 6574, Laws of Florida (1913), will not adversely affect the marine resources of Dade County or of the State of Florida, therefore Dade County Special Act of Local Application, Chapter 6574, Laws of Florida (1913), is 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 ________.

 

68B-3.035 Repeal of Gulf County Special Act of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of Gulf County Special Act of Local Application, Chapter 79-466, Laws of Florida (1979), will not adversely affect the marine resources of Gulf County or of the State of Florida, therefore Gulf County Special Act of Local Application, Chapter 79-466, Laws of Florida (1979), is 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 ________.

 

68B-3.036 Repeal of Portions of Chapter 6311, Lafayette County Special Act of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Lafayette County Special Act of Local Application, Chapter 6311, Laws of Florida (1911), will not adversely affect the marine resources of Lafayette County or of the State of Florida, therefore Sections 3 and 4 of Lafayette County Special Act of Local Application, Chapter 6311, Laws of Florida (1911), 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 ________.

 

68B-3.037 Repeal of Chapter 15306, and Portions of Chapter 70-778, Lee County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Lee County Special Act of Local Application, Chapter 15306, Laws of Florida (1931), will not adversely affect the marine resources of Lee County or of the State of Florida, therefore Lee County Special Act of Local Application, Chapter 15306, Laws of Florida (1931) is hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Lee County Special Act of Local Application, Chapter 70-778, Laws of Florida (1970), will not adversely affect the marine resources of Lee County or of the State of Florida, therefore Section 3 of Lee County Special Act of Local Application, Chapter 70-778, Laws of Florida (1970), is 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 ________.

 

68B-3.038 Repeal of Portions of Chapters 8796, 20045, and 31137, Palm Beach County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Palm Beach County Special Acts of Local Application, Chapter 8796, Laws of Florida (1921), Chapter 20045, Laws of Florida (1939), and Chapter 31137, Laws of Florida (1955), will not adversely affect the marine resources of Palm Beach County or of the State of Florida.

(a) Sections 2 and 3 of Chapter 8796, Laws of Florida (1921), as amended by Chapter 11005, Laws of Florida (1925) and Chapter 15301, Laws of Florida (1931) are hereby repealed.

(b) Sections 2 and 3 of Chapter 20045, Laws of Florida (1939), are hereby repealed.

(c) Section 4 of Chapter 31137, Laws of Florida (1955), is 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 ________.

 

68B-3.039 Repeal of Chapter 71-838, and Portions of Chapters 6638, 14305, and 65-2078, Pasco County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of Pasco County Special Act of Local Application, Chapter 71-838, Laws of Florida (1971), will not adversely affect the marine resources of Pasco County or of the State of Florida, therefore Chapter 71-838, Laws of Florida (1971), is hereby repealed.

(2) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Pasco County Special Acts of Local Application, Chapter 6638, Laws of Florida (1913), Chapter 14305, Laws of Florida (1929), Chapter 65-2078, Laws of Florida (1965), and Chapter 71-838, Laws of Florida (1971), will not adversely affect the marine resources of Pasco County or of the State of Florida.

(a) Section 3 of Chapter 6638, Laws of Florida (1913), as amended by Chapter 8156, Laws of Florida (1919), and Chapter 588, Laws of Florida (1978), is hereby repealed.

(b) Section 3 of Chapter 14305, Laws of Florida (1929), is hereby repealed.

(c) Section 3 of Chapter 65-2078, Laws of Florida (1965), is 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 ________.

 

68B-3.040 Repeal of Portions of Chapters 21099, 23480, 27467, 29433, 76-482, and 81-465, Pinellas County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Pinellas County Special Acts of Local Application, Chapter 21099, Laws of Florida (1941), Chapter 23480, Laws of Florida (1945), Chapter 27467, Laws of Florida (1951), Chapter 29433, Laws of Florida (1953), Chapter 76-482, Laws of Florida (1976), and Chapter 81-465, Laws of Florida (1981), will not adversely affect the marine resources of Pinellas County or of the State of Florida.

(a) Section 2 of Chapter 21099, Laws of Florida (1941), is hereby repealed.

(b) Section 3 of Chapter 23480, Laws of Florida (1945), is hereby repealed.

(c) Section 3(a) and Section 4 of Chapter 27467, Laws of Florida (1951), as amended by Chapter 28968, Laws of Florida (1951), are hereby repealed.

(d) Section 2 of Chapter 29433, Laws of Florida (1953), is hereby repealed.

(e) Section 4 of Chapter 76-482, Laws of Florida (1976), is hereby repealed.

(f) Section 2 of Chapter 81-465, Laws of Florida (1981), is 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 ________.

 

68B-3.042 Repeal of Portions of Chapters 24890 and 70-930, Sarasota County Special Acts of Local Application.

(1) The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Sarasota County Special Acts of Local Application, Chapter 24890, Laws of Florida (1947), and Chapter 70-930, Laws of Florida (1970), will not adversely affect the marine resources of Sarasota County or of the State of Florida.

(a) Section 3 of Chapter 24890, Laws of Florida (1947), is hereby repealed.

(b) Section 3 of Chapter 70-930, Laws of Florida (1970), is 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 ________.

 

68B-3.043 Repeal of Portions of Chapter 65-2369, Walton County Special Act of Local Application.

The Fish and Wildlife Conservation Commission has determined that the repeal of portions of Walton County Special Act of Local Application, Chapter 65-2369, Laws of Florida (1965), will not adversely affect the marine resources of Walton County or of the State of Florida, therefore Section 2 of Walton County Special Act of Local Application, Chapter 65-2369, Laws of Florida (1965) is 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: November 16, 2016

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