The purpose of these rule amendments is to align the Tortugas Shrimp Beds boundary with physical references and provide clarification to the description of the boundary line as found in 68B-31.016, Florida Administrative ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-31.016Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas

PURPOSE AND EFFECT: The purpose of these rule amendments is to align the Tortugas Shrimp Beds boundary with physical references and provide clarification to the description of the boundary line as found in 68B-31.016, Florida Administrative Code (F.A.C.).

The effect of the rule amendments would be complementing a recent federal change to the boundary and improving the accuracy, clarity, and enforceability of regulations with minimal change to the size of the area protecting shrimp nursery grounds.

SUMMARY: These rule amendments will update the regulatory boundary for the Tortugas Shrimp Beds including boundary coordinates, which have become inaccurate due to changes such as a navigational aid becoming non-operational and improvements in technology. Minor changes are needed to revise a boundary coordinate in Rebecca Shoal to correspond to an active navigational aid and to correct the coordinate for Sand Key Light. Additionally, the description for a portion of the boundary line along the southwestern edge of the Tortugas Shrimp Beds should be updated to improve accuracy and provide clarification. This rule amendment also includes technical changes to the formatting of coordinates within the rule.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-31.016 Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Description Redescription of Tortugas Shrimp Beds; Closed Areas.

(1) For purposes of this rule and Section 379.246, F.S., Tortugas Shrimp Beds are described as follows: Begin at a point located at 25°52.904'N, 81°37.933'W (Coon Key Light in Collier County); thence proceed on a straight line to a point which is located at 24°50.700'N, 81°51.300'W; thence proceed on a straight line to a point located at 24°39.996'N, 82°26.650'W (New Grounds Shoals Light); thence proceed on a straight line to a point located at 24°34.727'N, 82°35.445'W (Rebecca Shoal Lighted Buoy 4) 24°34.741'N, 82°35.113'W (Rebecca Shoals Light); thence proceed on a straight line due east to a point located at 24°35.100'N, 82°13.200'W; thence proceed along the Florida waters Territorial Sea boundary to a point located at 24°27.200'N, 81°58.900'W; thence proceed due east to a point located at 24°27.349'N, 81°52.638'W 24°27.236'N, 81°52.650'W (Sand Key Light); thence proceed northerly to a point located at 24°32.655'N, 81°48.309'W (Whitehead Spit); thence along the south and east meandered shoreline of the Florida Keys and the connecting viaducts between said Keys to a point located at 25°01.120'’N, 80°30.000'W; thence north until a point on the mainland at 25°12.090'’N, 80°30.000'W; thence proceed west and north along the coast of the mainland of Florida until a point located due north of Coon Key Light in Collier County at 25°56.521'N, 81°37.933'W; thence due south to a point located at 25°52.904'N, 81°37.933'W (Coon Key Light), the point of beginning.

(2)(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. History–New 1-1-92, Amended 3-1-95, 7-15-96, Formerly 46-31.016, Amended 4-13-17,_____.

 

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: February 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 29, 2021