The purpose of this rule amendment is to provide for public safety at Jewfish Creek, adjacent to the Florida Intracoastal Waterway within Monroe County.

FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety

RULE NO.: RULE TITLE:
68D-24.144: Monroe County Boating Restricted Areas

PURPOSE AND EFFECT: The purpose of this rule amendment is to provide for public safety at Jewfish Creek, adjacent to the Florida Intracoastal Waterway within Monroe County.

SUMMARY: This rule amendment creates a Slow Speed Minimum Wake Zone, extending 300 feet north of Jewfish Creek (U.S. Highway 1) Bridge to 800 feet south of Jewfish Creek (U.S. Highway 1) Bridge to provide for public safety.

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 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:

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, 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 FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Captain Richard Moore, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68D-24.144 Monroe County Boating Restricted Areas.

(1) For the purpose of regulating the anchoring of vessels in and adjacent to the Newfound Harbor Channel (also known as Pine Channel) within Monroe County, the following boating restricted area is established:

Newfound Harbor Channel (Pine Channel) – Anchoring of all sailboats and other vessels with masts is prohibited in Newfound Harbor Channel (Pine Channel), shoreline to shoreline, between Big Pine Key and Little Torch Key, from the centerline of U.S. Highway 1 south to a line drawn from the southernmost point on Little Torch Key to the southernmost point on Big Pine Key (a distance approximately 6,000 feet south of the centerline of U.S. Highway 1), as depicted in Drawing A. If the overhead power lines are removed, the zone established in this paragraph shall no longer be in force or effect.

(2) For the purpose of regulating the speed and operation of vessel traffic on the Florida Intracoastal Waterway (ICW) in Monroe County, the following boating restricted area is established:

Jewfish Creek: A Slow Speed Minimum Wake boating restricted area in and adjacent to the ICW, bounded on the north by a line drawn perpendicular to the centerline of the ICW 300 feet north of the north end of the Jewfish Creek (U.S. Highway 1) Bridge fender system to a line drawn perpendicular to the centerline of the ICW 800 feet south of the south end of the Jewfish Creek (U.S. Highway 1) Bridge fender system, as depicted in Drawing B.

(3)(2) The boating restricted areas are is depicted on the following maps in drawing A:

 

 

 

Rulemaking Specific Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 1-10-07, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Captain Richard Moore, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011