Fla. Admin. Code Ann. R. 68C-22.029 - Cape Canaveral Energy Center Interim Warm-water Refuge Zone

(1) This rule creates a seasonal "No Entry Zone" as defined in subsection 68C-22.002(11), F.A.C., to protect manatees at the Florida Power & Light (FPL) Cape Canaveral Energy Center Interim-Warm Water Refuge. The No Entry Zone will protect manatees from harm and disturbance by regulating access to and operation within this designated warm-water area. The No Entry Zone will also protect manatees from harmful collisions and harassment during response operations associated with a manatee Unusual Mortality Event. The No Entry Zone shall be in place each year from November 15 to March 31. This No Entry Zone is established in areas south of the FPL Cape Canaveral Energy Center jetty as follows:

(a) All waters south of the FPL Cape Canaveral Energy Center jetty, west of a line beginning at the southeasternmost point of the jetty (latitude 28º 28' 07" N, longitude 80 45' 18" W) and running 180º of said jetty point south by 200 meters (latitude 28º 28' 01" N, longitude 80º 45' 18" W), those waters north of an east-west 709 meter line, ending at the shoreline terminus at Mullet Court Road (latitude 28º 28' 01" North, longitude 80º 45' 02" West), and those waters east of the general westernmost shoreline of the Indian River, excluding those waters west of the north-south over-water foot bridge structure of the FPL intake canal.

(b) The Coordinates used in the description of the zone boundaries are referenced to the North American Datum of 1983 (NAD83_2011) using the Florida GDL Albers projection. Access to the No Entry Zone designated in paragraph (1)(a) will be provided in accordance with procedures set forth in subsection (2).

(2) Access to the No Entry Zone designated in subsection (1) is permitted by the following:

(a) FPL employees or designees with current company identification or authorization, provided entry into, and activities conducted within the zone are under the discretion and consideration of the company.

(b) FPL authorized agents and contractors, provided that entry into the zone is necessary to conduct activities associated with power plant operation and maintenance, construction emergency response or environmental monitoring.

(c) U.S. Fish and Wildlife Service employees, designees, or their authorized agents for activities associated with manatee response or monitoring.

Notes

Fla. Admin. Code Ann. R. 68C-22.029

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS.

Adopted by Florida Register Volume 49, Number 006, January 10, 2023 effective 1/24/2023.

New 1-24-23.