The purpose of this rule amendment is to reduce potential impacts of traps on sensitive cultural resources located in a specific area of Biscayne National Park. The effect of this rule amendment would be to prohibit the ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-7.008Spatial Gear and Harvest Limitations

PURPOSE AND EFFECT: The purpose of this rule amendment is to reduce potential impacts of traps on sensitive cultural resources located in a specific area of Biscayne National Park. The effect of this rule amendment would be to prohibit the placement of commercial and recreational traps within the Legare Anchorage site, which is a 1.2-square-mile area located within the boundary of Biscayne National Park.

SUMMARY: This rule would prohibit the placement of commercial and recreational traps within the Legare Anchorage site. The Legare Anchorage site is a 1.2-square-mile area, marked by buoys, located 2 mile east of Elliot Key inside the boundary of Biscayne National Park. Additionally, harvest of marine organisms from traps within this area would be prohibited.

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 21-22, 8:30 a.m. – 5:00 p.m. each day

PLACE: Marriott Jacksonville Hotel, 4670 Salisbury Road, Jacksonville, Florida 32256

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-7.008 Spatial Gear and Harvest Limitations.

(1) through (3) No change.

(4) Legare Anchorage Trap-Free Zone – A person may not deploy a trap or harvest any marine organism from a trap within the waters described by the following geographical boundaries:

 

Point	Latitude	Longitude
1	25° 30.000' N	80° 7.000' W
2	25° 30.000' N	80° 8.000' W
3	25° 29.000' N	80° 7.000' W
4	25° 29.000' N	80° 8.000' W

 

Rulemaking Authority Art. IV. Sec. 9, Fla. Const. Law Implemented Art. IV. Sec. 9, Fla. Const. History–New 7-1-20, Amended 4-1-23.  

 

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 1, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 20, 2022