3330124, 68B-4.009 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3330124

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

GEAR SPECIFICATIONS AND PROHIBITED GEAR

Overview

RULE:

68B-4.009

Monofilament Line and Netting: Prohibition of Intentional Discard, Recovery Requirements, Recommendations for Appropriate Disposal

PURPOSE:

The purpose of this proposed rule amendment is to close what has become an enforcement loophole for persons violating the Commission’s netting rules. Recovery and disposal of monofilament netting is being used as a defense to rules prohibiting possession of monofilament gill or entangling nets and requiring direct transit for persons seeking to use such nets in federal waters where they are legal. The effect of these rule changes should be to improve enforcement of those net provisions and make prosecutions of net violations more successful.

SUMMARY:

The proposed rule change will prohibit the recovery or attempted recovery of any monofilament netting found in the waters of the State without having first notified the Division of Law Enforcement. Additionally, the proposed rule requires the recovery of such netting be supervised by an officer of the Division of Law Enforcement.  The proposed rule shall not apply to monofilament netting found and recovered by any law enforcement agency in the State, or to any cast net, landing net, or dip net.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution.

PRINT PUBLISH DATE:

1/5/2007 Vol. 33/01

COMMENTS:

From 1/5/2007 To 1/26/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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