The purpose of this rule amendment is to correct existing coordinates in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-38, Florida Administrative Code (FAC), using current technology. Many of the ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-38.003Taylor County Shrimp Closure

PURPOSE AND EFFECT: The purpose of this rule amendment is to correct existing coordinates in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-38, Florida Administrative Code (FAC), using current technology.

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. The purpose of this rule amendment is to improve the description of an area off of Taylor County where trawling for shrimp is prohibited. Currently, the description of the area uses aids to navigation and shoreline landmarks, most of which have an associated geographic coordinate. The geographic coordinates defining three of the landmarks have inaccuracies ranging from approximately 1,300 to 1,800 feet. In addition, two of the referenced aids to navigation no longer exist and one description of a shoreline landmark is vague and may lead to confusion.

The effect of this rule amendment will be an improved description of the area closed to trawling off of Taylor County. This will be accomplished by correcting the inaccurate geographic coordinates defining referenced landmarks, removing references to aids to navigation which no longer exist, and by establishing geographic coordinates in place of one currently difficult to interpret shoreline landmark.

SUMMARY: This rule will improve the description of an area off of Taylor County where trawling for shrimp is prohibited by correcting inaccurate geographic coordinates defining referenced landmarks, removing references to aids to navigation which no longer exist, and by establishing geographic coordinates in place of one currently difficult to interpret shoreline landmark.

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-38.003 Taylor County Shrimp Closure.

(1) through (2) No change.

(3) Except as provided in subsection (4), no person shall operate any trawl within the following described area of state waters off Taylor County:

Beginning at a point on the shoreline of the Gulf of Mexico north of Steinhatchee River Light 47 (29°40.267'N, 83°23.320'W) on the north side of the channel at Steinhatchee; thence south to Steinhatchee River Light 47 (29°40.234'N, 83°23.320'W); thence westerly along the line of navigational buoys marking the north side of said channel to Steinhatchee River Light 1 flashing light number “1” marking the outer extent of said channel (29°39.388'N, 83°27.377'W) (29°39.21'N., 83°27.21'W.); thence westerly to a point located at navigational flashing light number “18” (29°40.045'N., 83°35.218'W.); thence northwesterly to a point located at navigational flashing light number “22” (29°53.253'N., 83°53.01'W.); thence north-northwesterly to a privately maintained flashing light at Gamble Point near the mouth of the Aucilla River (30°04.643'N, 83°59.373'W) (30°04.38'N., 83°59.20'W.); thence southeasterly along the shoreline along the Gulf of Mexico to the point of beginning.

(4) No change.

Specific 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 1-1-91, Formerly 46-38.003, Amended 8-5-01, 3-1-05, 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, 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 8, 2017

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