Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO.: RULE TITLE:
68A-11.003: Use of Motorboats on Certain Waters; Permits
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to remove the prohibition on the operation of any boat propelled by an internal-combustion engine on Lake Iamonia and Carr Lake in Leon County during the duck, light goose and coot season. The effect of the proposed amendment would allow the operation of any boat propelled by an internal-combustion engine of 10 horsepower or less.
SUMMARY: The rule amends the boat motor restrictions on Lake Iamonia and Carr Lake in Leon County during the duck, light goose and coot season.
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 nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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: Article IV, Section 9, Florida Constitution n; Chapters 65-1841 and 85-361, Laws of Florida.
LAW IMPLEMENTED: Chapters 65-1841 and 85-361, Laws of Florida.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 8-9, 2012, 8:30 a.m. – 5:00 p.m., each day.
PLACE: Florida Public Safety Institute, 215 Academy Drive, Havana, FL 32333
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: The ADA Coordinator at (850)488-6411. 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: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-11.003 Use of Motorboats on Certain Waters; Permits.

(1)(a) No person shall operate any boat propelled by an internal-combustion engine of more than ten horsepower on Lake Iamonia or Carr Lake in Leon County at any time during the regular open season for taking ducks and coots established in paragraph 68A-13.003(1)(a), F.A.C., except as authorized by permit from the executive director.

(b) No change.

(2) No person shall operate any boat propelled by an internal combustion engine of more than ten horsepower on Carr Lake in Leon County or Lake Miccosukee in Leon or Jefferson counties at any time during the regular open season for taking ducks and coots established in paragraph 68A-13.003(1)(a), F.A.C.

(3) No change.

PROPOSED EFFECTIVE DATE: July 1, 2012.

Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const., ch. 65-1841, ch. 85-361, Laws of Florida. Law Implemented ch. 65-1841, ch. 85-361, Laws of Florida. History–New 6-21-82, Amended 10-1-85, 11-27-85, Formerly 39-11.03, Amended 7-1-94, Formerly 39-11.003, Amended 7-1-08, 7-1-12.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.


NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 22, 2011