The purpose of these proposed draft rules is to correct existing coordinates to match the positions of the referenced or other present-day landmarks in Chapter 68B-39, Florida Administrative Code (FAC), using current technology. Many of the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-39.0045Seasonal Bag Limit for Portion of Pinellas County

68B-39.005Commercial Harvest, Statewide Regulations

PURPOSE AND EFFECT: The purpose of these proposed draft rules is to correct existing coordinates to match the positions of the referenced or other present-day landmarks in Chapter 68B-39, Florida Administrative Code (FAC), using current technology.

Many of the Commission’s marine fisheries rules contain geographic coordinates that define the boundaries of where rules apply. Over time some of these coordinates have become inaccurate for a variety of reasons, including the repositioning or removals of landmarks like navigation aids and piers and natural changes in shorelines. The accuracy of GPS technology has also improved since many of these coordinates were established. These rule amendments will improve the description of an area in Pinellas County where a seasonal bag limit for mullet applies and an area offshore of Monroe and Collier counties where commercial harvest of striped or silver mullet is prohibited. Both areas are partially described using aids to navigation with associated geographic coordinates, some of which have inaccuracies ranging from 1,500 to 2,100 feet. The description of the area off Monroe and Collier counties also includes one aid to navigation which no longer exists and a point which is described by guiding the reader with a degree bearing instead of a geographical coordinate. The area effected by the bag limit reduction for mullet in Pinellas County includes a reference to the St. Petersburg Pier, which was demolished in 2016. This was addressed in the short-term through an Executive Order (EO) that replaced the reference to the pier with a geographic coordinate. The proposed updates to this rule will codify the geographic coordinate used in the EO in the FAC. In addition to the inaccuracies described above, the description of the Pinellas County area currently describes several shoreline points using language generally reserved for public land surveys (Public Land Survey System), which can be difficult to interpret from the water. Modifying the description of this area using the more commonly used format of geographic coordinates will aid in the public’s understanding of where the regulations apply.

The effect of these rule amendments will be improved descriptions of the areas for greater public understanding. This will be accomplished by correcting inaccurate geographic coordinates defining referenced landmarks, removing references to aids to navigation which no longer exist, re-describing a boundary that was previously given with a direction bearing to include a geographic coordinate, and by establishing geographic coordinates in place of landmarks no longer in existence. In addition, the description of the Pinellas County area will be greatly simplified by using geographic coordinates in place of the current description to improve the understanding of the rule while maintaining the traditional area.

SUMMARY: These rules will improve the descriptions of areas in Pinellas County and offshore of Monroe and Collier counties by correcting inaccurate geographic coordinates defining referenced landmarks, removing references to aids to navigation which no longer exist, re-describing a boundary that was previously given with a direction bearing to include a geographic coordinate, and by establishing geographic coordinates in place of landmarks no longer in existence. In addition, the area in Pinellas County will be simplified for further improvement and public understanding.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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-39.0045 Seasonal Bag Limit for Portion of Pinellas County.

(1) through (2) No change.

(3) The closure area shall include all of the following waters described areas:

(a)1. Riveria Bay and Bayou Grande, commonly known as Papy’s Bayou, together with their interconnecting waters the entrance to which is defined by a line running from the southeast (SE) corner of the west half (W 1/2) of the southwest quarter (SW1/4) to the northwest (NW) corner of said west half (W 1/2) of the southwest quarter (SW 1/4) of Section thirty-four (34), Township thirty (30) south, Range seventeen (17) east.

2. Placido Bayou, commonly known as Smack’s Bayou, Snell Isle Harbour, and Coffee Pot Bayou, together with the certain inlets and shore indentions of Tampa Bay, and a portion of Tampa Bay lying between said Bayous, the entrance of which is defined by a line running from the intersection of the east (E) line of the west half (W 1/2) of the west half (W 1/2) of the northeast quarter (NE1/4) of Section nine (9) with the shoreline of Tampa Bay, thence south (S) to the south (S) line of the north half (N 1/2) of the north half (N 1/2) of the unsurveyed Section sixteen (16) thence west (W) to the intersection of the south (S) line of the north half (N 1/2) of the north half (N 1/2) of Section seventeen (17) with the shoreline of Tampa Bay, being in and a part of Township thirty-one (31) south, Range seventeen (17) east.

(b) All connecting waters west of the following line: Beginning at the easternmost end point of Second Avenue NE and extending 1,013 feet (338 yards) into Tampa Bay to 27°46.417'N, 82°37.347'W (at the point that Second Avenue NE intersects with the Municipal “Pierhead”), then proceeding proceed north to Coffee Pot Bayou Daybeacon 3 (27°47.117'N, 82°36.931'W) Marker 3 – 27' 47.33N 082' 36.65W –  in St. Petersburg Small Boat Channel “L” (better known as “Coffee Pot Channel”); then proceeding proceed north to Smacks Bayou Daybeacon 3 (27°47.407'N, 82°36.377'W) Marker 3 – 27' 47.46N 082' 36.13W – in St. Petersburg Small Boat Channel “N” (better known as “Snell Isle Channel”); then proceeding in a northerly direction along a line 200 yards east of the shoreline and running parallel to the shoreline proceed north following the shoreline 200 yards offshore to a point approximately 750 feet north of the southern edge of Weedon Island at 27°49.643'N, 82°35.444'W. Then proceed south following the shoreline of Weedon Island to Tampa Bay to the entrance of the waters of Bayou Grande (commonly known as Papy’s Bayou) running south along the entrance which is defined by a line running from the southeast (SE) corner of the west half (W 1/2) of the southwest quarter (SW 1/4) to the northwest (NW) corner of said west half (W 1/2) of the southwest quarter (SW 1/4) of Section thirty-four (34), Township thirty (30) south, Range seventeen (17) east. Then proceed southeast along the shoreline legally described as Venetian Isles Subdivision, Unit 6, Block 14, Lots 1-13; then proceed south across Tampa Bay to a point that intersects with the shoreline legally described as Venetian Isles Subdivision, Unit 4, Block 11, Lots 24 and 25; then proceed southeast in Tampa Bay to the intersection with the shoreline legally described as Venetian Isles, Unit 2, Block 7, Lot 17; then proceed southeast in Tampa Bay to the intersection with the shoreline legally described as Venetian Isles Subdivision, Block 8, Lots 16 and 17; then proceed southeast in Tampa Bay to the intersection with the shoreline legally described as Venetian Isles Subdivision, Unit Five, Block 12, Lot 16; then proceed southeast in Tampa Bay to the point of intersection legally described as Venetian Isles Subdivision, Unit Seven, Block 16, Lot 15; then proceed southeast in Tampa Bay to a point of intersection legally described as the shoreline as Venetian Isles Subdivision, Unit 8, Block 17, Lots 47 and 48; then proceed south along the shoreline of the Venetian Isles Subdivision, Unit 8, Block 17, Lots 16-46; then proceed west along the property line of Venetian Isles Subdivision, Unit 8, Block 17, Lot 15; then proceed west in Tampa Bay to a point of intersection legally described as Venetian Isles Subdivision, Unit 3, Block 9, Lot 17; then proceed southwest in Tampa Bay to a point of intersection at the shoreline legally described as the Revised Plat of Overlook Section of Shore Acres, Block 1, Lot 1; then proceed southwest along the shoreline legally described as the Revised Plat of the Overlook Section of Shore Acres, Block 1 and Block 2, Lots 1-34; proceed in Tampa Bay to the entrance of Placido Bayou (commonly known as Smack’s Bayou), Snell Isle Harbour, and Coffee Pot Bayou, together with certain inlets and shore indentions of Tampa Bay, and a portion of Tampa Bay lying between said Bayous, the entrance of which is defined by a line running from the intersection of the east (E) line of the west half (W1/2) of the west half (W 1/2) of the northeast quarter (NE 1/4) of Section nine (9) with the shoreline of Tampa Bay, thence south (S) to the south (S) line of the north half (N 1/2) of the north half (N 1/2) of the north half (N 1/2) of Section seventeen (17) with the shoreline of Tampa Bay, being in and a part of Township thirty-one (31) south, Range seventeen (17) east; then proceed south along the shoreline of the City-owned property identified as Flora Wylie, North Shore and Vinoy Parks; then proceed west along the shoreline of Fifth Avenue NE to the intersection with Bayshore Drive NE; then proceed south along the shoreline of Tampa Bay adjacent to Bay Shore Drive NE; then proceed east along the northern shoreline adjacent to Second Avenue NE from Locust St. NE (extended) for a distance of 2200' to the point of beginning (POB).

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-5-92, Formerly 46-39.0045, Amended 7-1-03, ________.

 

68B-39.005 Commercial Harvest, Statewide Regulations.

(1) No change.

(2) No person shall harvest striped or silver mullet for commercial purposes in waters water of the Atlantic Ocean or Gulf of Mexico offshore of the “three nautical mile line” (formerly known as the territorial sea line) except that, in the Collier-Monroe Gulf Region, no person shall harvest striped or silver mullet for commercial purposes offshore of the Everglades National Park Line. Such line shall commence at a point on the three nautical mile line at 25°47.342'N, 81°33.184'W due southwest of the West Pass Marker, 81° 31' 12'' W longitude, 25° 49' 03" N latitude, thereafter going due northeast to 25°49.209'N, 81°31.099'W the West Pass Marker, thereafter going in a southerly direction following the Western boundary of the Everglades National Park to the lighted buoy #2 at 24°52.294'N, 80°53.184'W 80° 52.9' W longitude, 24° 52.3' N latitude, thereafter going in a southwesterly direction 240° True (or 242° magnetic) to a point on the three nautical mile line at 24°51.664'N, 80°53.836'W, at which point it shall terminate.

(3) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 10-19-89, Amended 10-1-90, 9-1-91, 11-16-93, 3-3-97, 11-16-98, Formerly 46-39.005, Amended 7-1-03, 7-13-08, ________.

 

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, and [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017