18604811, 68B-39.0045 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18604811

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MULLET

Overview

RULE:

68B-39.0045	Striped Mullet: Seasonal Recreational and Commercial Bag Limit for Portion of Pinellas County
68B-39.005	Silver Mullet: Commercial Closed Season

PURPOSE:

The purpose of these proposed draft rules is to correct existing coordinates to match the positions of the referenced or other present-day landmarks in Chapter 68B-39, 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.  These rule amendments will improve the description of an area in Pinellas County where a seasonal bag limit for mullet applies and an area offshore of Monroe and Collier counties where commercial harvest of striped or silver mullet is prohibited.  Both areas are partially described using aids to navigation with associated geographic coordinates, some of which have inaccuracies ranging from 1,500 to 2,100 feet.  The description of the area off Monroe and Collier counties also includes one aid to navigation which no longer exists and a point which is described by guiding the reader with a degree bearing instead of a geographical coordinate.  The area effected by the bag limit reduction for mullet in Pinellas County includes a reference to the St. Petersburg Pier, which was demolished in 2016.  This was addressed in the short-term through an Executive Order (EO) that replaced the reference to the pier with a geographic coordinate.  The proposed updates to this rule will codify the geographic coordinate used in the EO in the FAC.  In addition to the inaccuracies described above, the description of the Pinellas County area currently describes several shoreline points using language generally reserved for public land surveys (Public Land Survey System), which can be difficult to interpret from the water.  Modifying the description of this area using the more commonly used format of geographic coordinates will aid in the public’s understanding of where the regulations apply.  

The effect of these rule amendments will be improved descriptions of the areas for greater public understanding.  This will be accomplished by correcting inaccurate geographic coordinates defining referenced landmarks, removing references to aids to navigation which no longer exist, re-describing a boundary that was previously given with a direction bearing to include a geographic coordinate, and by establishing geographic coordinates in place of landmarks no longer in existence.  In addition, the description of the Pinellas County area will be greatly simplified by using geographic coordinates in place of the current description to improve the understanding of the rule while maintaining the traditional area.

SUMMARY:

These rules will improve the descriptions of areas in Pinellas County and offshore of Monroe and Collier counties by correcting inaccurate geographic coordinates defining referenced landmarks, removing references to aids to navigation which no longer exist, re-describing a boundary that was previously given with a direction bearing to include a geographic coordinate, and by establishing geographic coordinates in place of landmarks no longer in existence.  In addition, the area in Pinellas County will be simplified for further improvement and public understanding.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

2/14/2017 Vol. 43/30

COMMENTS:

From 2/14/2017 To 3/7/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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