The purpose of this rule amendment for state waters within the Florida Keys National Marine Sanctuary is related to fishing regulations found in 68B-6, Florida Administrative Code (F.A.C.), at Western Dry Rocks. The Florida ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-6.004Western Dry Rocks Seasonal Closure

PURPOSE AND EFFECT: The purpose of this rule amendment for state waters within the Florida Keys National Marine Sanctuary is related to fishing regulations found in 68B-6, Florida Administrative Code (F.A.C.), at Western Dry Rocks. The Florida Fish and Wildlife Conservation Commission (Commission) is establishing a seasonal closed area to protect multi-species fish spawning aggregations thereby sustaining and potentially enhancing fishery populations. Western Dry Rocks is a spawning aggregation site for many recreationally and commercially important fish species, including permit, mutton snapper, yellowtail snapper, and gray snapper.

The effect of the rule amendment would seasonally prohibit fishing within a one-square-mile area at Western Dry Rocks, resulting in reduced fishing pressure on fish when they are aggregated for spawning at the site.

SUMMARY: This rule amendment modifies fishing regulations at Western Dry Rocks. The rule amendment seasonally prohibits fishing from May 1 – June 30 in a one-square-mile area at Western Dry Rocks. However, fish may be possessed aboard a vessel, provided such vessel is in continuous transit through Western Dry Rocks, fishing gear is appropriately stowed, and such resources are stowed in a cabin, locker, or similar storage area prior to entering and during transit through Western Dry Rocks.

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 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 25-26, 2021, 9:00 a.m. – 5:00 p.m. each day

PLACE: Communications media technology. More information on how to connect will be available at http://myfwc.com/about/commission/commission-meetings.

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, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-6.004 Western Dry Rocks Seasonal Closure

(1) WESTERN DRY ROCKS – For purposes of the restrictions specified in subsection (2) below, Western Dry Rocks shall consist of all state waters located within the following geographic boundary coordinates:

 

Point Latitude Longitude

1 24°26.217’N 81°57.007’W

2 24°25.676’N 81°57.002’W

3 24°25.686’N 81°55.489’W

424°26.227’N 81°55.493’W

 

(2) Fishing and possession of fish are prohibited within Western Dry Rocks, described in subsection (1), from May 1 through June 30. However, fish may be possessed aboard a vessel, provided such vessel is in continuous transit through Western Dry Rocks, fishing gear is appropriately stowed, and such resources are stowed in a cabin, locker, or similar storage area prior to entering and during transit through Western Dry Rocks. For the purpose of this subsection, appropriately stowed means hooks cannot be baited, and spear shafts shall not be inserted into any spearing device. All hook-and-line gear, spearing equipment, nets, and other harvesting equipment must be secured in a manner that makes their immediate use impracticable.

PROPOSED EFFECTIVED DATE: May 1, 2021

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 5-1-2021.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2020