The purpose of these rule amendments is to correct or update geographic references in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-4, Florida Administrative Code using current technology and to update ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-4.011Prohibition of Net Fishing in Faka Union River, Collier County

68B-4.017Gear Specifications for the Southwest Region: Exceptions to Statewide Net Gear Requirements; Areas Closed to Net Fishing; J. N. "Ding" Darling National Wildlife Refuge/Sanibel Conservation Zone; Blind Pass Seasonal Closure to Net Fishing; Definition

PURPOSE AND EFFECT: The purpose of these rule amendments is to correct or update geographic references in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-4, Florida Administrative Code using current technology and to update existing coordinates to conform to the International Organization for Standardization (ISO) format.

Many of the Commission’s marine fisheries rules contain geographic coordinates that define the boundaries of where rules apply. Over time some of these coordinates have become inaccurate for a variety of reasons, including the repositioning or removals of landmarks like navigation aids and piers and natural changes in shorelines. The accuracy of GPS technology has also improved since many of these coordinates were established. Currently, the rule defining the mouth of the Faka Union River defines it as a line between two aids to navigation that no longer exist. In addition, no geographic coordinates were listed for the aids to navigation in the rule, leaving the current definition unclear. The rule defining the mouths of the Estero River and Hendry Creek in Lee County contains highly inaccurate geographic coordinates that will be updated using current technology. In addition to correcting coordinates defining the mouths of these waterbodies, these rules contain coordinates in the format of degrees-minutes-seconds which will be translated to degrees-decimal minute and formatted to match ISO standards for increased public understanding.

The effect of these rule amendments will be improved definitions the mouths of the Faka Union River, Estero River, and Hendry Creek using geographic coordinates and update existing coordinates to conform to the current ISO standard format. This will lead to more easily understood regulatory boundaries for these waterbodies and improved public understanding of the rules.

SUMMARY: These rules will improve the definitions of the mouths of the Faka Union River, Estero River, and Hendry Creek, using geographic coordinates and update the format of existing coordinates to match ISO standards, leading to an improved definition and public understanding

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, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-4.011 Prohibition of Net Fishing in Faka Union River, Collier County.

No person shall fish with, set, or place any net, other than a cast net or landing or dip net, in the waters of the Faka Union River (also known as the Faka Union Canal), or any tributary thereof, in Collier County, between 25°54.867' 25°54'52'' North Llatitude southward to the mouth of the river, defined as a straight line between a point at 25°54.160'N, 81°30.929'W green marker 49 and a point at 25°54.160'N, 81°30.549'W red marker 50 extended on either side to the adjacent mangrove shorelines.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-1-92, Formerly 46-4.011, Amended ________.

 

68B-4.017 Gear Specifications for the Southwest Region: Exceptions to Statewide Net Gear Requirements; Areas Closed to Net Fishing; J. N. “Ding” Darling National Wildlife Refuge/Sanibel Conservation Zone; Blind Pass Seasonal Closure to Net Fishing; Definition.

The requirements in this rule shall apply in the Southwest Region, which shall include the state waters of Collier, Lee, Charlotte, Sarasota, Manatee, Hillsborough, and Pinellas Counties.

(1) No change.

(2) During the period beginning on November 1 of each year and continuing through January 31 of the following year, no person shall fish with, set, or place any beach or haul seine in the waters of the region described in this subsection to harvest or attempt to harvest any marine fish.

(a) No change.

(b) All the waters of the Imperial River in Lee County and its tributaries, including those connecting the Imperial River with Big Hickory Bay, upstream of a line immediately east of the intersection of channels connecting the river with Fish Trap Bay and Little Hickory Bay, which line runs between a point located at 26°20.150'N, 81°50.300'W 26°20'09" N. Latitude, 81°50'18" W. Longitude on the east side of the river to a point located at 26°20.150'N, 81°50.333'W 26°20'09"N. Latitude, 81°50'20" W. Longitude on the west side of the river.

(c) All of the Estero River in Lee County and its tributaries, including those connecting the Estero River with Rocky Bay, upstream of the mouth of the river, which is east of a line that runs between a point at 26°25.850'N, 81°51.505'W 26°25'52" N. Latitude, 81°50'29" W. Longitude on the north side of the river mouth to a point at 26°25.835'N, 81°51.486'W 26°25'51" N. Latitude, 81°50'28" W. Longitude on the south side of the river mouth.

(d) All of Hendry Creek in Lee County and its tributaries, upstream of the mouth of the river, which is north of a line that runs between Dixon Point at 26°27.488'N, 81°52.221'W 26°27'27" N. Latitude, 81°50'29" W. Longitude on the west side of the river mouth and the northernmost edge of the mouth of Mullock Creek at 26°27.694'N, 81°52.097'W 26°27'39" N. Latitude, 81°52'06" W. Longitude on the east side of the river mouth.

(e) through (g) No change.

(3) through (4) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 9-1-93, Amended 9-30-96, Formerly 46-4.017, 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: February 8, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2017