The purpose of these rule amendments is to correct existing coordinates in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-31, Florida Administrative Code (FAC), using current technology. Many of the ...  

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    FISH AND WILDLIFE CONSERVATION COMMISSION

    Marine Fisheries

    RULE NOS.:RULE TITLES:

    68B-31.016Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas

    68B-31.018Northwest Region Closed Areas; Repealed Special Acts

    PURPOSE AND EFFECT: The purpose of these rule amendments is to correct existing coordinates in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-31, 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 these rule amendments is to improve the description of several areas closed to shrimp harvest, including the Tortugas Shrimp Beds in south Florida and several areas in northwest Florida. Currently, the description of the Tortugas Shrimp Beds contains references to four landmarks where the corresponding geographic coordinates are inaccurate by approximately 100 to 700 feet. The description of the Tortugas Shrimp Beds also contains four points defining shoreline landmarks which are either outdated or difficult to interpret. The descriptions of the areas closed to shrimp harvest in Big Bayou at St. Vincent Island, St. George Sound, Apalachicola Bay, Apalachee Bay currently contain references to 11 landmarks where the corresponding geographic coordinates are inaccurate by 300 feet to 1 mile. In addition, the description of the area within Apalachicola Bay contains references to two aids to navigation that do not have geographic coordinates associated with them; including geographic coordinates for these aids to navigation would improve the clarity of the rule. In addition to the above inaccuracies, 68B-31.018 contains coordinates in the format of degrees-minutes-seconds which will be translated to degrees-decimal minute and formatted to match International Organization for Standardization (ISO) standards for increased public understanding.

    The effect of this proposed draft rule will be an improved description of the boundary of the Tortugas Shrimp Beds; improved descriptions of the closed areas of Big Bayou at St. Vincent Island, a portion of St. George Sound, a portion of Apalachicola Bay, and Apalachee Bay; and coordinates updated to conform to the current ISO standard format. This will be accomplished by correcting the inaccurate geographic coordinates defining referenced landmarks, establishing geographic coordinates in place of currently difficult to interpret shoreline landmarks, and including coordinates for aids to navigation that do not currently have an associated geographic coordinate in rule.

    SUMMARY: These rules will use geographic coordinates to better describe the Tortugas Shrimp Beds and areas of Big Bayou at St. Vincent Island, a portion of St. George Sound, a portion of Apalachicola Bay, and Apalachee Bay, by correcting inaccuracies, establish new coordinates in place of difficult to interpret shoreline landmarks, and update the format of existing coordinates to match ISO standards.

    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 (850)488-6411. 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 (850)487-0554.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    68B-31.016 Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas.

    (1) It is the intent of this rule to expressly effect the repeal of and replace subsection (2) of Section 370.151, F.S. (1991). The Marine Fisheries Commission has determined that the repeal and replacement of this provision will not adversely affect the shrimp resources of the State of Florida.

    (2) For purposes of this rule and Section 379.246, F.S., Tortugas Shrimp Beds are described as follows: Begin at a point located at 25°52.904'N, 81°37.933'W 25°52.9' North latitude and 81°37.95’ West longitude (Coon Key Light in Collier County); thence proceed on a straight line to a point which is located at 24°50.700'N, 81°51.300'W 24°50.9' North latitude and 81°51.3' West longitude; thence proceed on a straight line to a point located at 24°39.996'N, 82°26.650'W 24°40.1' North latitude and 82°26.7' West longitude (New Grounds Shoals Light); thence proceed on a straight line to a point located at 24°34.741'N, 82°35.113'W 24°34.7' North latitude and 82°35.1' West longitude (Rebecca Shoals Light); thence proceed on a straight line due east to a point located at 24°35.100'N, 82°13.200'W 24°35.1' North latitude and 82°13.2' West longitude; thence proceed along the Territorial Sea boundary to a point located at 24°27.200'N, 81°58.900'W 24°27.2' North latitude and 81°58.9' West longitude; thence proceed due east to a point located at 24°27.236'N, 81°52.650'W (Sand Key Light); thence proceed northerly to a point located at 24°32.655'N,  81°48.309'W (Whitehead Spit) the abandoned lighthouse located in the southwest portion of Key West; thence along the south and east meandered shoreline of the Florida Keys and the connecting viaducts between said Keys to a point located at 25°01.120’N, 80°30.000'W 80°30.0' West longitude; thence north until a point on the mainland at 25°12.090’N, 80°30.000'W is reached; thence proceed west and north along the coast of the mainland of Florida until a point is located due north of Coon Key Light in Collier County at 25°56.521'N, 81°37.933'W; thence due south to a point located at 25°52.904'N, 81°37.933'W 25°52.9' North latitude and 81°37.95’ West longitude (Coon Key Light), the point of beginning.

    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 1-1-92, Amended 3-1-95, 7-15-96, Formerly 46-31.016, Amended ______.

     

    68B-31.018 Northwest Region Closed Areas; Repealed Special Acts.

    (1) No change.

    (2) The following described waters of Franklin County are closed to the harvest of shrimp year-round:

    (a) No change.

    (b) All inland waters of the Carrabelle River and its tributaries upriver of a straight line beginning at 29°50.170'N, 84°39.780'W 29°50.17' North Latitude, 84°39.78' West Longitude and ending at 29°50.170'N, 84°39.570'W 29°50.17' North Latitude, 84°39.57' West Longitude.

    (c) No change.

    (d) All waters of Big Bayou adjacent to and internal to St. Vincent Island south of a straight line beginning at 29°40.897'N, 85°10.012'W 29°41.00' North Latitude, 85°10.00' West Longitude and ending at 29°41.126'N, 85°08.184'W 29°40.20' North Latitude, 85°08.20' West Longitude.

    (3) No change.

    (4) The waters of Franklin County within the following described boundaries are closed to the harvest of shrimp beginning on September 15 and continuing through December 31 each year:

    In St. George Sound, beginning at Royal Bluff, 29°47.601'N, 84°44.977'W 29°47.50' North Latitude, 84°45.00' West Longitude; thence southwesterly to St. George Sound Light 8, located at 29°44.566'N, 84°45.766'W ICWW Marker #8, 29°44.50' North Latitude, 84°45.70' West Longitude; thence along the south boundary of the ICW ICWW Channel to St. George Sound Light 21, located at 29°43.362'N, 84°48.478'W ICWW Marker #21, 29°43.50' North Latitude, 84°48.50' West Longitude; thence northwesterly to a point located at 29°44.952'N, 84°51.112'W 29°45.00' North Latitude, 84°51.20' West Longitude; thence easterly along the shoreline of St. George Sound to the point of beginning, including all waters of Yents Bayou within the closure area.

    (5) The waters of Franklin County within the following described boundaries are closed to the harvest of shrimp beginning on March 1 and continuing through May 31 each year:

    In Apalachicola Bay, beginning at Green Point, 29°42.526'N, 85°02.155'W 29°42.50' North Latitude, 85°02.00' West Longitude; thence southwesterly to St. Vincent Point, 29°40.427'N, 85°04.490'W 29°40.50' North Latitude, 85°04.50' West Longitude; thence easterly to Two Mile Channel Light 1, located at 29°41.530'N, 85°0.755'W flashing Channel Marker #1; thence southeasterly to Apalachicola River Entrance Light 2, located at 29°40.167'N, 84°58.127'W Shipping Channel Marker #2; thence northerly along the eastern boundary of the Apalachicola Shipping Channel to the western landfall of the John Gorrie Memorial Bridge (U.S. Highway 98); thence westerly along the shoreline of Apalachicola Bay to the point of beginning.

    (6) through (7) No change.

    (8) All waters of Apalachee Bay and all tributaries, bays, or bayous in Wakulla County landward of the following described line are closed and to food shrimp production and live bait shrimp production year-round:

    Beginning at the St. Marks Lighthouse, located at 30°04.428'N, 84°10.779'W, proceed southerly on a straight line to flashing St. Marks River Lighted Buoy 1, located at 30°01.515'N, 84°10.580'W Channel Marker #1, 30°01.47' North Latitude, 84°10.57' West Longitude; thence westerly to Shell Point Channel Daybeacon 1, located at 30°02.833'N, 84°17.183'W Marker #1, 30°02.79' North Latitude, 84°17.17' West Longitude; thence southwesterly to a point located at 30°01.67'N North Latitude, 84°20.24'W West Longitude; thence southwesterly to a point located at 29°59.90'N North Latitude, 84°21.80'W West Longitude; thence southeasterly to a point located at 29°58.60'N North Latitude, 84°20.23'W West Longitude, at the Colregs Demarcation Line; thence southerly along the Colregs Demarcation Line to the shoreline at Ochlockonee Point.

    (9) No change.

    Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-16-96, Formerly 46-31.018, Amended 3-1-05, ___________.

     

    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, (850)487-0554.

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 08, 2017

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

Document Information

Comments Open:
2/15/2017
Summary:
These rules will use geographic coordinates to better describe the Tortugas Shrimp Beds and areas of Big Bayou at St. Vincent Island, a portion of St. George Sound, a portion of Apalachicola Bay, and Apalachee Bay, by correcting inaccuracies, establish new coordinates in place of difficult to interpret shoreline landmarks, and update the format of existing coordinates to match ISO standards.
Purpose:
The purpose of these rule amendments is to correct existing coordinates in rule to match the positions of the referenced or other present-day landmarks in Chapter 68B-31, 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 ...
Rulemaking Authority:
Article IV, Section 9, Florida Constitution
Law:
Article IV, Section 9, Florida Constitution
Contact:
Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and (850) 487-0554.
Related Rules: (2)
68B-31.016. Tortugas Shrimp Beds: Repeal of Section 370.151(2), F.S. (1991); Redescription of Tortugas Shrimp Beds; Closed Areas
68B-31.018. Northwest Region Closed Areas; Repealed Special Acts