18906675, 68B-5.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18906675

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

MISCELLANEOUS

Overview

RULE:

68B-5.003

Warren Bayou (Bay County) Special Seasonal Harvest Closure (Repealed)

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.

SUMMARY:

This rule will repeal the Warren Bayou Special Seasonal Harvest Closure and allow anglers year-round access to harvest opportunities in Warren Bayou.  In addition, it will reduce confusion for anglers who are aware of the power plant’s operational changes, but may be unaware the rule remains in effect.  This rulemaking is being conducted at the request of Bay County BOCC and stakeholders.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

PRINT PUBLISH DATE:

4/28/2017 Vol. 43/83

COMMENTS:

From 4/28/2017 To 5/19/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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