Purpose
The purpose of this rule amendment is to improve the definition of the Stetson-Miami Terrace Deepwater Coral Habitat Area of Particular Concern (HAPC) that occurs in Chapter 68B-42, Florida Administrative Code (FAC).
The Stetson-Miami Terrace Deepwater Coral HAPC is a large area of federal waters spanning from Florida to South Carolina where certain bottom-fishing gear, anchoring, and possession of deep water coral are prohibited. In 2011, octocoral harvest management in federal waters was transferred to the state. At that time, the South Atlantic Fishery Management Council requested that areas off Florida that were closed to octocoral harvest under previous federal regulations remain closed under state regulations. All harvest of octocorals was closed north of Cape Canaveral, as was harvest south of Cape Canaveral for waters with the Stetson-Miami Terrace Deepwater HAPC. Since all harvest of octocorals north of Cape Canaveral was prohibited, only the portion of the Stetson-Miami Terrace Deepwater Coral HAPC south of Cape Canaveral needed to be defined in FAC. This area was defined using geographic coordinates in Chapter 68B-42, FAC, by incorporating a portion of the area as it was already defined in the Code of Federal Regulations (CFR) for other purposes. However, as currently defined in 68B-42, FAC, the description does not fully enclose the area as intended. In addition to ensuring that the described portion of the Stetson-Miami Terrace Deepwater Coral HAPC clearly defines the no-harvest area, an existing coordinate will be updated to conform to the International Organization for Standardization (ISO) standards for increased public understanding.
The effect of this rule amendment will be an improved description of the portion of the Stetson-Miami Terrace Deepwater Coral HAPC described in 68B-42, FAC. This will be accomplished by adding three geographic coordinates so that the description encloses the area completely, and by updating an existing coordinate to conform to the current ISO standard format for greater public understanding. This will also make the definition more consistent with the area as defined in the CFR.