12976774, 68B-3.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12976774

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

LOCAL LAWS

Overview

RULE:

68B-3.002

Repeal of Chapters 27473 and 30665, and Portions of Chapters 20159, 26045, and 70-639, Collier County Special Acts of Local Application

PURPOSE:

The purpose of this rule amendment is to repeal two Special Acts of Local Application for Collier County. The first act (Chapter 27473) prohibits the use of artificial light while spearing or gigging fish in state waters off Collier county, while the second (Chapter 30665) prohibits harvesting any fish from waters off Collier County using a spear, gig, or other spearing device. In February, the FWC received a letter from the Collier County Board of Commissioners requesting that FWC repeal these two Special Acts of Local Application, stating that the rules are antiquated and not in the public’s best interest.

The effect of this rule amendment will be to allow spearing (spearfishing, gigging, and bowfishing) and allow the use of lights when gigging and spearfishing in the state waters off Collier County. As a result of this rule amendment, all statewide regulations regarding spearing will apply in Collier County.  This rule amendment will also remove regulatory impediments for divers interested in using spears to remove non-native, invasive lionfish from the waters off Collier County.

SUMMARY:

Rule 68B-3 would be amended to repeal Chapters 27473 and 30665, two Special Acts of Local Application which prohibit using artificial light while spearing or gigging (Ch 27473), and harvesting any fish using any spearing device (30665) in state waters off Collier County.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution.

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

5/8/2013 Vol. 39/90

COMMENTS:

From 5/8/2013 To 5/29/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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