18319049, 68B-4.014 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18319049

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

GEAR SPECIFICATIONS AND PROHIBITED GEAR

Overview

RULE:

68B-4.014

Southwest Florida Purse Seine Restrictions: Gear Specifications; Area Limitation; Local Law Repeals (Repealed)

PURPOSE:

The purpose of this rulemaking is to repeal outdated rule language found in Chapter 68B-4, Florida Administrative Code, that appears to authorize the use of net gear that is prohibited by Article X, Section 16 of the Florida Constitution (Net Limitation Amendment).

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.  The local gear regulations in 68B-4.014, Florida Administrative Code, were established prior to the Net Limitation Amendment, have not been updated. This rule appears to allow the use of purse seines up to 600 yards in length even if they exceed 500 square feet of mesh area within nearshore and inshore Florida waters, which is expressly prohibited by the Net Limitation Amendment.  These outdated regulations can lead a person to believe that the use of net gear prohibited under the Net Limitation Amendment is still allowed in specific areas.  

The effect of this repeal 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This rulemaking would repeal outdated rule language found in Chapter 68B-4, Florida Administrative Code, that conflicts with provisions of the Net Limitation Amendment.  Removing this outdated local saltwater fishing gear regulation will allow consistent application of current statewide regulations, and will reduce confusion and improve the clarity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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