Fla. Admin. Code Ann. R. 68CER22-1 - Manatee Protection Zone for FPL Cape Canaveral Energy Center in Brevard County

(1) Scope. This emergency rule creates a temporary "No Entry Zone" as defined in 68C-22.002(11) to protect manatees from harmful collisions and harassment during field operations due to an Unusual Mortality Event. A temporary "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 western most 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 (2)(a) will be provided in accordance with procedures set forth in subsection (3).

(2) Access to the No Entry Zone designated in paragraph (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.

(3) The effective date of the emergency rule is November 15, 2022 and is not dependent on the installation of regulatory signage.

Notes

Fla. Admin. Code Ann. R. 68CER22-1

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

Adopted by Florida Register Volume 48, Number 222, November 15, 2022 effective 11/15/2022.