14637511, 68B-3.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14637511

Notice of Development of Rulemaking

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

LOCAL LAWS

Overview

RULE:

68B-3.003	Repeal of Chapter 21254, Gilchrist County Special Acts of Local Application
68B-3.004	Repeal of Indian River County Special Acts of Local Application

PURPOSE:

The purpose of this rule development is to repeal the Special Acts of Local Application (Special Acts) for Gilchrist and Indian River.  

Chapter 21254 allowed the year round sale of saltwater fish in Gilchrist County, provided the seller is properly licensed.  Chapter 21305 prohibited nets and limits the type of gear that can be used to take fish in the Indian River channel or its banks.  Chapter 77-572 limited the type of fishing gear that can be used to take fish near the bridges of the Indian River and Sebastian Inlet or the canals of Indian River County.  It also prohibited throwing cast nets from most Indian River County bridges.  Chapter 79-480 prohibited shellfish harvest on submerged lands within 75 feet of the shore, with allowances for shellfish harvest on privately owned submerged lands or docks.  These Special Acts will be repealed in order to ensure that current relevant statewide rules apply in these Counties, creating greater consistency among saltwater fishing regulations.

The effects of this rule will be to repeal a series of outdated and/or redundant saltwater fishing regulations, eliminate confusion, and increase consistency with current statewide regulation.  The repeal of Chapter 21254, Gilchrist County Special Acts will have no effect on fishing regulations because the provisions of these Special Acts are already provided for elsewhere in Florida Statutes, the Florida Constitution and Florida Administrative Code.  The repeal of Chapters 21305, 77-572 and 79-480, Indian River County Special Acts, will create greater consistency among Florida fishing regulations by ensuring that existing statewide gear regulations and regulations on oyster harvest are applied in Indian River County.

SUBJECT:

Subject areas to be addressed in the rule development notice include the repeal of Special Acts; the sale of saltwater fish in Gilchrist County; the types of fishing gear permitted and areas they can be used, and shellfish harvest in marine waters of Indian River County.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution

LAW:

Art. IV, Sec. 9, Florida Constitution

PRINT PUBLISH DATE:

6/3/2014 Vol. 40/107

RELATED STATUTES
AND LAWS:

Art. IV, Sec. 9, Florida Constitution, Art. IV, Sec. 9, Florida Constitution

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=68B-3.003&PDate=6/3/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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