The purpose of this rule amendment is to improve the definition of the Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern (HAPC) that occurs in Chapter 68B-42, Florida Administrative Code (FAC). The Stetson-Miami Terrace ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.: RULE TITLE:

68B-42.0036 Closed Areas

PURPOSE AND EFFECT: The purpose of this rule amendment is to improve the definition of the Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern (HAPC) that occurs in Chapter 68B-42, Florida Administrative Code (FAC).

 

The Stetson-Miami Terrace Deepwater Coral HAPC is a large area of federal waters spanning from Florida to South Carolina where certain bottom-fishing gear, anchoring, and possession of deep water coral are prohibited. In 2011, octocoral harvest management in federal waters was transferred to the state. At that time, the South Atlantic Fishery Management Council requested that areas off Florida that were closed to octocoral harvest under previous federal regulations remain closed under state regulations. All harvest of octocorals was closed north of Cape Canaveral, as was harvest south of Cape Canaveral for waters with the Stetson-Miami Terrace Deepwater HAPC. Since all harvest of octocorals north of Cape Canaveral was prohibited, only the portion of the Stetson-Miami Terrace Deepwater Coral HAPC south of Cape Canaveral needed to be defined in FAC. This area was defined using geographic coordinates in Chapter 68B-42, FAC, by incorporating a portion of the area as it was already defined in the Code of Federal Regulations (CFR) for other purposes. However, as currently defined in 68B-42, FAC, the description does not fully enclose the area as intended. In addition to ensuring that the described portion of the Stetson-Miami Terrace Deepwater Coral HAPC clearly defines the no-harvest area, an existing coordinate will be updated to conform to the International Organization for Standardization (ISO) standards for increased public understanding.

 

The effect of this rule amendment will be an improved description of the portion of the Stetson-Miami Terrace Deepwater Coral HAPC described in 68B-42, FAC. This will be accomplished by adding three geographic coordinates so that the description encloses the area completely, and by updating an existing coordinate to conform to the current ISO standard format for greater public understanding. This will also make the definition more consistent with the area as defined in the CFR.

SUMMARY: This proposed rule amendment will improve the description of the Stetson-Miami Terrace Deepwater Coral HAPC that occurs off of Florida and south of Cape Canaveral for greater public understanding by adding three geographic coordinates to enclose the area completely, establishing a definition more consistent with the area as defined in the CFR. The proposed rule amendment will also update the format of an existing coordinate to match ISO standard format.

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-42.0036 Closed Areas.

(1) through (2) No change.

(3) No person shall harvest or possess any octocorals in the following areas:

(a) Federal Exclusive Economic Zone (EEZ) waters of the Atlantic Ocean north of 28°35.100' North Latitude 28°35.1’ N. lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL).

(b) through (c) No change.

(4) For the purposes puposes of this rule, the term “Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern” shall mean the portion of the Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern that occurs south of 28°35.110' North Latitude, which includes all waters lying within the following geographical boundary coordinates: beginning at point 1, following each point until point 53 is reached, then following the eastern boundary of the EEZ back to the point of beginning:

	Point	Latitude	Longitude
	1	28°17'16"N	79°0'0"W
	2	28°35'06"N	79°0'0"W
	3	28°35'06"N	79°49'18"W
4	133	28°30'37"N	79°48'35"W
5	134	28°14'00"N	79°46'20"W
6	135	28°11'41"N	79°46'12"W
7	136	28°08'02"N	79°45'45"W
8	137	28°01'20"N	79°45'20"W
9	138	27°58'13"N	79°44'51"W
10	139	27°56'23"N	79°44'53"W
11	140	27°49'40"N	79°44'25"W
12	141	27°46'27"N	79°44'22"W
13	142	27°42'00"N	79°44'33"W
14	143	27°36'08"N	79°44'58"W
15	144	27°30'00"N	79°45'29"W
16	145	27°29'04"N	79°45'47"W
17	146	27°27'05"N	79°45'54"W
18	147	27°25'47"N	79°45'57"W
19	148	27°19'46"N	79°45'14"W
20	149	27°17'54"N	79°45'12"W
21	150	27°12'28"N	79°45'00"W
22	151	27°07'45"N	79°46'07"W
23	152	27°04'47"N	79°46'29"W
24	153	27°00'43"N	79°46'39"W
25	154	26°58'43"N	79°46'28"W
26	155	26°57'06"N	79°46'32"W
27	156	26°49'58"N	79°46'54"W
28	157	26°48'58"N	79°46'56"W
29	158	26°47'01"N	79°47'09"W
30	159	26°46'04"N	79°47'09"W
31	160	26°35'09"N	79°48'01"W
32	161	26°33'37"N	79°48'21"W
33	162	26°27'56"N	79°49'09"W
34	163	26°25'55"N	79°49'30"W
35	164	26°21'05"N	79°50'03"W
36	165	26°20'30"N	79°50'20"W
37	166	26°18'56"N	79°50'17"W
38	167	26°16'19"N	79°54'06"W
39	168	26°13'48"N	79°54'48"W
40	169	26°12'19"N	79°55'37"W
41	170	26°10'57"N	79°57'05"W
42	171	26°09'17"N	79°58'45"W
43	172	26°07'11"N	80°00'22"W
44	173	26°06'12"N	80°00'33"W
45	174	26°03'26"N	80°01'02"W
46	175	26°00'35"N	80°01'13"W
47	176	25°49'10"N	80°00'38"W
48	177	25°48'30"N	80°00'23"W
49	178	25°46'42"N	79°59'14"W
50	179	25°27'28"N	80°02'26"W
51	180	25°24'06"N	80°01'44"W
52	181	25°21'04"N	80°01'27"W
53	182	25°21'04"N	79°42'04"W

 

(5) No change

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, ________.

 

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