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Session Laws, 2004
Volume 801, Page 2678   View pdf image
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S.B. 13                                                   VETOES

(C) THE REPORTING TIMELINE REQUIRED UNDER SUBSECTION (B)(1)(II) OF
THIS SECTION SHALL PROVIDE FOR A WRITTEN REPORT AS OFTEN AS APPROPRIATE
UNDER THE CIRCUMSTANCES BUT AT LEAST AS OFTEN AS EVERY 3 YEARS FROM THE
DATE OF CLOSURE.

(C) (D) (1) FOR 2 SUCCESSIVE WEEKS IN ADVANCE OF A PUBLIC HEARING
REQUIRED UNDER SUBSECTION (B)(2) OF THIS SECTION, THE DEPARTMENT SHALL:

(I)      POST A NOTICE OF THE DATE, TIME, PLACE, AND PURPOSE OF
THE HEARING IN A PROMINENT POSITION ON THE DEPARTMENT'S OFFICIAL
INTERNET WEBSITE; AND

(II)     ADVERTISE THE DATE, TIME, PLACE, AND PURPOSE OF THE
HEARING IN AT LEAST:

1.       ONE NEWSPAPER OF GENERAL DAILY CIRCULATION IN
THE STATE; AND

2.       ONE NEWSPAPER CIRCULATED IN THE AFFECTED REGION
OF EACH COUNTY IN WHICH WATERS MAY BE DIRECTLY AFFECTED BY THE
PROPOSED CLOSURE.

(2) AT LEAST 15 DAYS BEFORE THE PUBLIC HEARING, THE DEPARTMENT
SHALL MAKE AVAILABLE TO THE GENERAL PUBLIC THE REPORT REQUIRED UNDER
SUBSECTION (B)(1) OF THIS SECTION.

(D) (E) (1) WITHIN 3 YEARS OF FOLLOWING A CLOSURE OF STATE WATERS
UNDER THIS SECTION AND AT LEAST EVERY 3 YEARS THEREAFTER, IN A WRITTEN
REPORT MADE AVAILABLE TO THE GENERAL PUBLIC AND IN ACCORDANCE WITH THE
REPORTING TIMELINE ESTABLISHED UNDER SUBSECTION (B)(1)(II) OF THIS SECTION,
THE DEPARTMENT SHALL:

(I) (1) BASED ON THE PROTOCOLS ADOPTED UNDER
SUBSECTION (B)(1)(II) OF THIS SECTION, EVALUATE THE EFFECTIVENESS OF THE
CLOSURE IN ACCOMPLISHING ITS OVERALL MANAGEMENT OBJECTIVES; AND

(II) (2) DETERMINE WHAT, IF ANY, MANAGEMENT
MODIFICATIONS WOULD BE APPROPRIATE, INCLUDING THE REOPENING OF THE
CLOSED AREA.

(2) IF THE DEPARTMENT DOES NOT TIMELY REPORT ON A CLOSED AREA
AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT
SHALL PROMPTLY REOPEN THE AREA.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any finfish management plan or any amendment to an
approved finfish management plan adopted before the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect June 1, 2004.

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Session Laws, 2004
Volume 801, Page 2678   View pdf image
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