62-341.603: General Permit for Non-nursery Cultivation and Wild Collection of Aquatic Plants
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal of Rule 62-341.603, F.A.C., “General Permit for Non-nursery Cultivation and Wild Collection of Aquatic Plants.” This noticed general permit references outdated rules of the Florida Fish & Wildlife Conservation Commission. Non-nursery cultivation and wild collection of aquatic plants is now administered by the Department of Agriculture and Consumer Services under Sections 369.20 through 369.255, F.S., and Chapter 5B-64, F.A.C. The Department’s records indicate no one has ever used this NGP; it has been substantively replaced by the exemptions in Sections 403.813(1)(r) and (u), F.S. The rule may be repealed because it is outdated and unnecessary.
OTHER RULES INCORPORATING THIS RULE: There are no references to Rule 62-341.603, F.A.C., in other rules of the Department.
EFFECT ON THOSE OTHER RULES: The rule proposed for repeal is not incorporated by other chapters or rules and therefore, the repeal will not affect any other rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule is not required by statute and is being repealed to reduce unnecessary regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS.
LAW IMPLEMENTED: 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 13, 2012, 10:30 a.m., ET
PLACE: Room 609, Bob Martinez Building, 2600 Blair Stone Road, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary VanTassel at (850)245-8486. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone (850)245-8486 or e-mail: Mary.VanTassel@dep.state.fl.us. (OGC No. 11-1063)
THE FULL TEXT OF THE PROPOSED RULE IS:
62-341.603 General Permit for Non-nursery Cultivation and Wild Collection of Aquatic Plants.
Rulemaking Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Repealed_________.