18319146, 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: 18319146

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
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
68B-3.028	Repeal and Readoption of Portions of Escambia and Santa Rosa Counties Special Acts
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
68B-3.031	Repeal and Readoption of Portions of Chapter 21365, Laws of Florida (1941), Manatee County Special Act
68B-3.032	Repeal of Portions of Chapters 71-770, 18683, and 19971, Laws of Florida, Martin County Special Acts
68B-3.033	Repeal of Chapter 21147, and Portions of Chapters 15123, 30552, 61-2001, 63-1215 and 69-938, Citrus County Special Acts of Local Application
68B-3.034	Repeal of Dade County Special Act local Application
68B-3.035	Repeal of Gulf County Special Act of Local Application
68B-3.036	Repeal of Portions of Chapter 6311, Lafayette County Special Act of Local Application
68B-3.037	Repeal of Chapter 15306, and Portions of Chapters 70-778 and 63-1554, Lee County Special Acts of Local Applicaiton
68B-3.038	Repeal of Portions of Chapters 8796, 20045, and 31137, Palm Beach County Special Acts of Local Application
68B-3.039	Repeal of Chapter 71-838 and Portions of Chapters 6638, 14305, 65-2078, and 71-838, Pasco County Special Acts of Local Application
68B-3.040	Repeal of Portions of Chapters 21099, 23480, 27467, 29433, 76-482, and 81-465, Pinellas County Special Acts of Local Application
68B-3.042	Repeal of Chapters 24890, 57-1844, 63-1907, and 70-930, Sarasota County Special Acts of Local Application
68B-3.043	Repeal of Portions of Chapter 65-2369, Walton County Special Acts of Local Application

PURPOSE:

The purpose of this rulemaking is to repeal or amend outdated rule language found in Chapter 68B-3, Florida Administrative Code, and in Florida’s Special Acts of Local Application that appears to authorize the use of net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

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

11/30/2016 Vol. 42/231

COMMENTS:

From 11/30/2016 To 12/21/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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