The purpose of this rule is to provide protection of the subtidal oyster reef units constructed as part of the West Bay Estuarine Habitat Project. In 2015, the Commission’s Aquatic Habitat Conservation and Restoration Section began constructing ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-27.0175West Bay (Bay County) Oyster Harvesting Restrictions

PURPOSE AND EFFECT: The purpose of this rule is to provide protection of the subtidal oyster reef units constructed as part of the West Bay Estuarine Habitat Project.

In 2015, the Commission’s Aquatic Habitat Conservation and Restoration Section began constructing subtidal oyster reef units along the western shoreline of West Bay (within the St. Andrews Bay estuary) as part of a multi-phase restoration project. The purpose of this project is to create oyster reef habitat along an area of shoreline in the bay which historically has not had oysters because a lack of substrate for larvae to settle on. This project is expected to increase oyster recruitment to nearby harvestable reefs, reduce shoreline erosion, improve water quality, promote seagrass growth, and expand nursery habitat for both recreationally and commercially important fish.

The effect of this rule will be to provide protection for the habitat created through the West Bay Estuarine Habitat Project by modifying oyster regulations found in 68B-27, Florida Administrative Code (F.A.C.) to prohibit harvest or possession of oysters within the project boundary.

SUMMARY: With support of the Bay County Oystermen’s Association, this rule will prohibit all harvest or possession of oysters within the West Bay Estuarine Habitat Restoration Project to facilitate long-term habitat and seagrass restoration.

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.

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-27.0175 West Bay (Bay County) Oyster Harvesting Restrictions.

(1) A person may not harvest or possess oysters in or on the waters of the West Bay Estuarine Habitat Restoration Project Zone.

(2) For purposes of this rule, the “West Bay Estuarine Habitat Restoration Project Zone" is defined as the area within the following boundary: Commencing at 30°15.878’N, 85°51.097’W; thence in an easterly direction to 30°15.898’N, 85°50.784’W; thence in a southerly direction to 30°15.354’N, 85°50.791’W; thence south-southeast to 30°14.914’N, 85°50.678’W; thence in a southerly direction to 30°14.531’N, 85°50.655’W; thence southwest to the 30°14.218’N, 85°50.873’W; thence in a westerly direction to 30°14.189’N, 85°51.082’W; thence in a northerly direction along a line following the shoreline to the northwestern-most corner of the West Bay Estuarine Habitat Restoration Project Zone, the point of beginning.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New __________.

 

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, [phone].

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 25, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 7, 2018