The purpose of this rule development is to modify the boundary of the area defined in rule as Boca Grande Pass in order to reflect changes made by the United States Coast Guard (USCG) to the navigation buoys marking Boca Grande Channel. In ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-4.018Boca Grande Pass Gear Restrictions

PURPOSE AND EFFECT: The purpose of this rule development is to modify the boundary of the area defined in rule as Boca Grande Pass in order to reflect changes made by the United States Coast Guard (USCG) to the navigation buoys marking Boca Grande Channel.

In February 2016, the USCG completed a channel marker redesign project for Boca Grande Channel to ensure that the marked channel better aligned with the current location and configuration of the natural channel. As part of this project, the USCG removed the #12 red buoy marking the entrance to the Boca Grande Channel, and replaced it with a new buoy (Charlotte Harbor Channel LB 6) located 0.21 miles (approximately 1,096 feet) to the east-southeast (see attached map). Because the #12 red buoy was used as a reference point in the Commission’s rule that defines the boundary of Boca Grande Pass for purposes of implementing specific fishing gear restrictions that apply within this area, the rule needs to be amended.

The effect of this change would be to amend 68B-4.018, F.A.C. (Boca Grande Pass Gear Restrictions), to modify the boundary of Boca Grande Pass by deleting the reference to the #12 red buoy that has been removed and incorporate the location of the new buoy, Charlotte Harbor Channel LB 6, as the western boundary point. This proposed change will ensure that the boundary of the area where the Boca Grande Gear Restrictions apply aligns with the current configuration of the navigation buoys marking Boca Grande Channel. This change reduces the size of the area where the Boca Grande Pass Gear Restrictions apply by a total of 0.12 square miles.

SUMMARY: Rule 68B-4.018, F.A.C., would be amended to modify the boundary of Boca Grande Pass in rule to delete the reference to the #12 red buoy that was removed by the United States Coast Guard and incorporate the location of the new buoy, Charlotte Harbor Channel LB 6, as the western boundary point.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting on September 8-9, 2016, from 8:30 a.m. to 5:00 p.m.

PLACE: World Golf Village Renaissance St. Augustine Resort, 500 South Legacy Trail, St. Augustine, FL 32092

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-4.018 Boca Grande Pass Gear Restrictions.

(1) BOCA GRANDE PASS – For purposes of the restrictions specified in subsections (2) and (3), Boca Grande Pass shall consist of all waters located within the following boundaries:

Begin at the westernmost edge of the Phosphate Dock (26°43.216' North Latitude, 82°15.517' West Longitude) on the southeast bay side of Gasparilla Island; thence proceed due east on a straight line to the westernmost edge of the intracoastal waterway (26°43.216' North Latitude, 82°14.703' West Longitude); thence proceed in a southerly direction to the #75 Intracoastal Waterway Marker (26°42.299' North Latitude, 82°14.580' West Longitude) on the northeast bay side of Cayo Costa; thence proceed around the northern tip of Cayo Costa along the shore to the QR test buoy (26°42.002' North Latitude, 82°15.448' West Longitude) on the northwest Gulf coast side of Cayo Costa; thence proceed westerly on a straight line to the Charlotte Harbor Channel LB 6 buoy #12 red buoy (26°42.299’ 26°42.336' North Latitude, 82°16.551’ 82°16.748' West Longitude) marking the entrance to Boca Grande Pass; thence proceed northeast on a straight line to the easternmost edge of the concrete pier ruins (26°43.165' North Latitude, 82°15.778' West Longitude) at the lighthouse beach on the southwest Gulf side of Gasparilla Island; thence proceed along the shore around the southern tip of Gasparilla Island to the Phosphate Dock, the point of beginning.

(2) through (3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-04, Amended 11-1-13, Amended __-__-__.

 

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: June 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2016