¹370.027  Rulemaking authority with respect to marine life.--

(1)  Pursuant to the policy and standards in s. 370.025, the Marine Fisheries Commission is delegated full rulemaking authority over marine life, with the exception of marine aquaculture products produced by an individual certified under s. 597.004 and endangered species, subject to final approval by the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund, in the areas of concern herein specified. The commission is instructed to make recommendations annually to the Governor and Cabinet regarding the marine fisheries research priorities and funding of the Department of Environmental Protection. All administrative and enforcement responsibilities which are unaffected by the specific provisions of this act continue to be the responsibility of the Department of Environmental Protection. The authority to regulate fishing gear in residential, manmade saltwater canals is specifically not delegated to the commission and is retained by the Legislature.

(2)  Exclusive rulemaking authority in the following areas relating to marine life, with the exception of marine aquaculture products produced by individuals certified under s. 597.004 and endangered species, is vested in the commission; any conflicting authority of any division or bureau of the department or any other agency of state government is withdrawn as of the effective date of the rule proposed by the commission and approved by the Governor and Cabinet, and the inconsistent rule, or the inconsistent part thereof, is superseded to the extent of the inconsistency:

(a)  Gear specifications;

(b)  Prohibited gear;

(c)  Bag limits;

(d)  Size limits;

(e)  Species that may not be sold;

(f)  Protected species;

(g)  Closed areas, except for public health purposes;

(h)  Quality control, except for oysters, clams, mussels, and crabs, unless such authority is delegated to the Department of Agriculture and Consumer Services;

(i)  Seasons; and

(j)  Special considerations relating to eggbearing females.

(3)(a)  The commission, pursuant to this act, shall adopt rules pursuant to chapter 120. When rules are ready for final adoption, the proposed rules shall be submitted by the secretary for final action by the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. In considering a proposed rule recommended by the commission, the Governor and Cabinet may only approve or disapprove the proposed rule. If the rule is disapproved, it shall be withdrawn. The commission shall file a rule for adoption with the Department of State only after the rule is approved by the Governor and Cabinet. The department staff has no authority to change any proposed rule or recommendation submitted by the commission.

(b)  The secretary of the department shall appoint a management-level staff member to coordinate with the director of the commission the submission by the commission of proposed rules for final approval by the Governor and Cabinet.

(4)  Marine aquaculture producers shall be regulated by the Department of Agriculture and Consumer Services. Marine aquaculture products produced by a marine aquaculture producer, certified pursuant to s. 597.004, are exempt from Marine Fisheries Commission resource management rules, with the exception of such rules governing any fish of the genus Centropomus (snook), the genus Sciaenops (red drum), or the genus Cynoscion (spotted sea trout). Marine Fisheries Commission rules relating to the aquacultural production of red drum and spotted sea trout must be developed and adopted by the commission no later than 1 year from October 1, 1996.

History.--ss. 2, 5, ch. 83-134; s. 1, ch. 86-219; s. 2, ch. 86-240; ss. 16, 17, 18, ch. 93-213; ss. 1, 2, 3, ch. 94-247; s. 201, ch. 94-356; s. 11, ch. 96-247; s. 8, ch. 98-203; s. 9, ch. 98-333.