The purpose of this rule amendment is to prohibit collection of Marine Life species at the Blue Heron Bridge dive site by modifying the regulations found in 68B-42, Florida Administrative Code (F.A.C.). The effect of this rule will be to maintain ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-42.0036Closed Areas

PURPOSE AND EFFECT: The purpose of this rule amendment is to prohibit collection of Marine Life species at the Blue Heron Bridge dive site by modifying the regulations found in Rule Chapter 68B-42, Florida Administrative Code (F.A.C.).

The effect of this rule will be to maintain the Blue Heron Bridge as a unique and valuable snorkeling and diving experience for non-consumptive marine stakeholders.

SUMMARY: This rule will establish regulations to prohibit collection of Marine Life species at the Blue Heron Bridge dive site.

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

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 February 20-21, 2019, 8:30 a.m. – 5:00 p.m. each day

PLACE: Best Western Gateway Grand, 4200 NW 97th Boulevard, Gainesville, FL 32606

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 [phone].. 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 [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-42.0036 Closed Areas.

(1) through (2) No change

(3) Except as provided in paragraphs (b) and (c), a person may not harvest or possess any tropical ornamental marine life species or any tropical ornamental marine plant within the Blue Heron Bridge Special Marine Life Area.

(a) For the purposes of this subsection, “Blue Heron Bridge Special Marine Life Area” means Phil Foster County Park in Palm Beach County and all waters lying within the following geographical boundary:

Point	Latitude	Longitude
1	26°46.917'N	80°2.713'W
2	26°46.917'N	80°2.388'W
3	26°47.161'N	80°2.382'W
4	26°47.161'N	80°2.713'W

(b) Tropical ornamental marine life species and tropical ornamental marine plants lawfully harvested outside the Blue Heron Bridge Special Marine Life Area may be transported directly through the Blue Heron Bridge Special Marine Life Area aboard a motorized vessel, provided that the vessel is in continuous and direct transit through the described area.

(c) Tropical ornamental marine life species and tropical ornamental marine plants lawfully harvested outside of the Blue Heron Bridge Special Marine Life Area may be landed within the described area only by motorized vessel at the public boat ramp or public docks located at Phil Foster County Park or at a private residence within the described area. Any tropical ornamental marine life species or tropical ornamental marine plant possessed within Phil Foster County Park pursuant to this paragraph must be maintained alive in a continuously circulating live well or aeration or oxygenation system of adequate size and capacity to maintain such harvested marine organisms in a healthy condition.

(3) through (5) renumbered as (4) through (6)

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-92, Formerly 46-42.0036, Amended 10-31-11, 4-13-17, 4-1-19.

PROPOSED EFFECTIVE DATE: April 1, 2019

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.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 23, 2019