The purpose of these amendments is to update citations that reference rules in Chapter 68B-31, F.A.C., to correspond to a reorganization of that rule chapter. The effect of this rulemaking would be to maintain accurate ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-4.0083Food Fish: Gear and Other Restrictions; Use of Explosives to Kill Fish Prohibited; Certain Uses of Frame Nets Prohibited; Stop Netting Prohibited; Possession of Certain Proscribed Nets Prohibited; Use of Chemicals Prohibited

68B-4.020Saltwater Fish Traps

PURPOSE AND EFFECT: The purpose of these amendments is to update citations that reference rules in Chapter 68B-31, F.A.C., to correspond to a reorganization of that rule chapter. The effect of this rulemaking would be to maintain accurate citations in Rule 68B-4.0083 and Rule 68B-4.020, F.A.C. .

SUMMARY: These rule amendments would update citations that reference rules in Chapter 68B-31, F.A.C., to correspond to a reorganization of Florida’s shrimp regulations so that citations in Rule 68B-4.0083 and Rule 68B-4.020, F.A.C., are correct.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-4.0083 Food Fish: Gear and Other Restrictions; Use of Explosives to Kill Fish Prohibited; Certain Uses of Frame Nets Prohibited; Stop Netting Prohibited; Possession of Certain Proscribed Nets Prohibited; Use of Chemicals Prohibited.

(1) through (2) No change.

(3) Except as may be authorized by rules of the Commission, it is unlawful for any person, while fishing or attempting to fish for any marine species, to attach or otherwise secure a frame net, trawl net, trap net, or similar device to any state road bridge or associated structure situated over any saltwater body or to use more than one such net or device while fishing from such bridge or structure. The term “frame net” shall have the meaning ascribed in Rule 68B-31.002 subsection 68B-31.006(8), F.A.C., and shall not include any cast net, landing or dip net, or any similar hand-held device.

(4) through (6) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Amended            .

 

68B-4.020 Saltwater Fish Traps.

(1) It is unlawful for any person to fish with, set, or place in the waters of the state any trap other than those listed in this subsection.

(a) through (d) No change.

(e) A shrimp trap authorized by and used according to the requirements of subparagraph 68B-31.006(1)(a)5. paragraph 68B-31.007(2)(e), F.A.C.

(f) through (g) No change.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-05, Amended         

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 2, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2024