Purpose


The purpose of this rule amendment is to repeal 68B-5.003, Florida Administrative Code, a seasonal harvest closure in Warren Bayou (Bay County), its tributaries, and all waters within 100 yards of the mouth of the bayou. Warren Bayou is adjacent to West Bay (a segment of St. Andrews Bay in Bay County). In this area, a power plant has historically used water from the bay as a coolant for its energy-generating processes, specifically the coal-fired generators. As a result of this cooling process, artificially-heated water was released into a canal that empties into Warren Bayou. Artificially-heated water bodies can serve as thermal refuges for marine life in winter months and often result in dense aggregations of fish seasonally. In 1993, at the request of Bay County Board of County Commissioners (BOCC), a seasonal closure was implemented in the waters of Warren Bayou to reduce harvest pressure on saltwater fish aggregating in these waters during the cold weather months of November through February. In March 2016, the power company phased out this power plant’s coal-fired generator units and, as a result, warm water is no longer discharged into the surrounding water bodies. The seasonal closure is no longer needed because of the operational changes at the power plant. This rulemaking is being conducted at the request of Bay County BOCC and stakeholders. The effect of this rule will be to remove an unnecessary closure to harvest of marine fish from Warren Bayou, its tributaries and within 100 yards of the mouth of Warren Bayou and give anglers increased fishing opportunities by allowing fishing in that area year-round.