Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Marine Fisheries
RULE NO.: RULE TITLE:
68B-3.001: Repeal of Chapters 57-1218 and 57-1219, Charlotte County Special Acts
PURPOSE AND EFFECT: The purpose of the proposed rule is to repeal two Special Acts of Local Application for Charlotte County. This proposed rule was requested by the Charlotte County Board of Commissioners. The first act prohibits the use of underwater lights while harvesting fish in waters of the county and the second act prohibits the use of any gig or spear in inland waters of the county. The Florida Fish and Wildlife Conservation Commission has determined that these rules will not adversely affect the marine resources of Charlotte County or of the State of Florida. With the repeal of these Special Acts, spearing and the use of lights in Charlotte County waters would fall under the same rules that apply statewide.
SUMMARY: Rule 68B-3.001, F.A.C., (Repeal of Chapters 57-1218 and 57-1219, Charlotte County Special Acts) would be created to repeal Chapters 57-1218 and 57-1219, Charlotte County Special Acts from the Florida Administrative Code.
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:
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.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting November 16-17, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: Key Largo Grande Resort & Beach Club, 97000 South Overseas Highway, Key Largo, FL 33037
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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850)487-0554

THE FULL TEXT OF THE PROPOSED RULE IS:

68B-3.001 Repeal of Chapters 57-1218 and 57-1219, Charlotte County Special Acts.

The Fish and Wildlife Conservation Commission has determined that the repeal of Charlotte County Special Acts, Chapter 57-1218 and Chapter 57-1219, Laws of Florida (1957), will not adversely affect the marine resources of Charlotte County or of the State of Florida, therefore Charlotte County Special Acts Chapter 57-1218 and Chapter 57-1219, Laws of Florida (1957) are hereby repealed.

PROPOSED EFFECTIVE DATE: January 1, 2012.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-12.

 

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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 26, 2011