Purpose


The purpose of this rulemaking is to repeal outdated rule language found in Chapter 68B-4, Florida Administrative Code, that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of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. The local gear regulations in 68B-4.014, Florida Administrative Code, were established prior to the Net Limitation Amendment, have not been updated. This rule appears to allow the use of purse seines up to 600 yards in length even if they exceed 500 square feet of mesh area within nearshore and inshore Florida waters, which is expressly prohibited by the Net Limitation Amendment. These outdated regulations can lead a person to believe that the use of net gear prohibited under the Net Limitation Amendment is still allowed in specific areas.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 repeal 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.