In order to protect the public, FWC proposes amending the rule to establish boating restricted areas in the St. Johns River that would become effective only when the river is at flood stage in the designated areas.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Vessel Registration and Boating Safety

RULE NO.:RULE TITLE:

68D-24.018St. Johns River Boating Restricted Areas

PURPOSE AND EFFECT: In order to protect the public, FWC proposes amending the rule to establish boating restricted areas in the St. Johns River that would become effective only when the river is at flood stage in the designated areas.

SUMMARY: The existing Mullet Lake Park and Lemon Bluff flood zones on the St. John’s River are currently restricted at idle speed no wake when the St. John’s River water level is 6.3 feet or higher as indicated by the St. John’s River Water Management District gauge at the Jessup Station. FWC is proposing to change the reporting flood gauge for these flood zones from the Jessup Station to the Lake Harney Station at 8 feet or higher because the new location is electronically maintained and located “upstream” of the area needing protection. This change was requested by the county, as well as FWC law enforcement in the area, to allow for quicker action to be taken as a flood is occurring.

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: 327.04, FS; 327.46, FS.

LAW IMPLEMENTED: 327.46, FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lamont Nelson, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68D-24.018 St. Johns River Boating Restricted Areas.

(1) For the purpose of regulating the speed and operation of vessel traffic on the St. Johns River in Lake, Seminole and Volusia Counties, Florida the following boating restricted areas are established. Coordinates used in the description of zone boundaries are referenced to the North American Datum of 1983 (NAD83). The boating restricted areas exclude all associated tributaries, creeks, canals, backwaters, channels, boat basins and other waterways unless otherwise designated or specifically described for inclusion:

(a) No change.

(b) Flood Zones.

1. through 2. No change.

3. Mullet Lake Park: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the east by a line drawn perpendicular to the centerline of the St. Johns River at Mullet Lake Park Boat Ramp and bounded on the west by a line drawn perpendicular to the centerline of the St. Johns River 3,000 feet west of Mullet Lake Park Boat Ramp, as depicted in Drawing L, when the St. Johns River water level is 8 6.3 feet or higher as indicated by the National Weather Service St. Johns River Water Management District gauge at the Lake Harney Jessup Station.

4. Lemon Bluff: During flooding, an Idle Speed No Wake zone from shoreline to shoreline in the St. Johns River, bounded on the northeast by a line drawn perpendicular to the centerline of the St. Johns River at the northeast tip of the unnamed island (located at approximate latitude 28º 48.394' North, approximate longitude 81º 7.799' West) southeast of Lemon Bluff Boat Ramp and bounded on the southwest by a line drawn perpendicular to the centerline of the St. Johns River 3,675 feet southwest of the southern tip of said unnamed island (located at approximate latitude 28º 48.282' North, approximate longitude 81º 7.806' West), as depicted in Drawing M, when the St. Johns River water level is 8 6.3 feet or higher as indicated by the National Weather Service St. Johns River Water Management District gauge at the Lake Harney Jessup Station.

(c) No change.

(2) No change.

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.33(3), 327.46 FS. History–New 6-3-92, Formerly 16N-24.018, Amended 10-3-95, 11-21-96, 2-4-98, Formerly 62N-24.018, Amended 4-22-13, 4-23-14, 2-10-20, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lamont Nelson, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 19, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 9, 2020