Fla. Admin. Code Ann. R. 68E-21.001 - Establishment of Vessel Corridors for the Transit of Prohibited Nets Across Florida Waters During the License Reinstatement Period

(1) Purpose and Scope. This rule implements Art. X, §16 and Art. IV, §9, Florida Constitution by establishing vessel corridors within which persons, firms or corporations subject to saltwater license privilege suspensions resulting from a violation of Art. X, §16, Florida Constitution, must confine their operation when carrying prohibited nets for a 12-month reinstatement period following reinstatement of suspended saltwater license privileges.

(2) Definitions. The following definitions apply for the purposes of this rule:

(a) "Commission" means the Fish and Wildlife Conservation Commission.

(b) "Prohibited nets" refers to all forms of gear, the use of which is prohibited, restricted, or otherwise limited by the provisions of article X, section 16, of the Florida Constitution or any Rules of the Commission implementing the prohibitions or restrictions therein.

(c) "Reinstatement period" means a period of twelve months following reinstatement of saltwater license privileges suspended in accordance with the provisions of Sections 379.361 and 379.362, F.S., during which time the resumed fishing activities remain subject to probationary conditions imposed by statute or rule. The date the reinstatement period begins is the day upon which saltwater license privileges are restored following suspension and the period shall continue for 365 calendar days from the date of reinstatement.

(d) "Reinstatement" means the restoration of saltwater license privileges heretofore suspended for a fixed period of time pursuant to Sections 379.361 and 379.362, F.S. Reinstatement shall occur upon the first calendar day immediately following the last calendar day of the period of saltwater license privilege suspension specified by statute.

(e) "Vessel corridor" or "corridor" means designated paths in, through or across a water body or portions thereof identified by this rule as permissible for the carriage of prohibited nets during the reinstatement period. Where a marked channel is listed as the corridor, the corridor lies within the marked boundaries of the channel. Where a direct line on a specified heading is listed as the corridor, the corridor lies within 100 yards either side of the line for a total width of 200 yards. The vessel corridor descriptions and headings are given for outbound vessels; vessels returning from sea will follow a reciprocal heading.

(f) "Miles" means nautical miles.

(3) Reinstatement Identification. Any vessel carrying or otherwise transporting prohibited nets during the reinstatement period shall at all times during the carriage of such nets display the character "R" in a prominent and conspicuous place so as to be clearly visible from the air and water. This character will identify the vessel as one operating while under the terms of the reinstatement period.

(a) The character "R" must be of a solid color which must contrast with the background color of the vessel and must be maintained so as to be clearly visible and legible. The character must be at least 10 inches in height, and must be displayed on both the port and starboard sides of the vessel near amidships or on the vessel's superstructure so as to be clearly visible from the water, and on the roof or uppermost weather deck so as to be clearly visible from the air.

(b) It is unlawful to obstruct, cover, block, or otherwise allow this character to be concealed in any manner.

(4) Establishment of Vessel Corridors. The following vessel corridors are hereby established:

(a) St. Mary's Entrance - Beginning at the State Road 200/A1A bridge, thence north in the Intracoastal Waterway to the intersection of the Intracoastal Waterway and the St. Mary's Entrance Channel, thence directly out the entrance channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(b) St. Johns River/Mayport - Beginning at the Matthews Bridge, thence generally north and east in the marked channel of the St. John's River out of the inlet in the marked channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(c) St. Augustine Inlet - Beginning at Kings Street on the San Sebastian River in the marked channel of the river, thence directly to the Intracoastal Waterway, thence generally north in the Intracoastal Waterway to marker buoy #2, thence out the St. Augustine Inlet to marker #2, thence to the sea buoy, until one mile offshore if carrying non-entangling nets over 500 square feet or three miles if carrying gill, trammel, or other entangling nets.

(d) Port Canaveral - Beginning east of the locks in Port Canaveral, thence generally east in the marked channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(e) Ponce De Leon Inlet - Beginning at the Intracoastal Waterway and State Road 44 (South Causeway Bridge), thence in the marked channel of the Intracoastal Waterway to marker #19, thence north in the Indian River directly to the Ponce De Leon Inlet. Out the marked channel until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(f) Sebastian Inlet - Beginning at the Intracoastal Waterway and the State Road 510 Bridge, thence generally north in the Intracoastal Waterway to marker #63, thence to marker #20, thence directly out Sebastian Inlet, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(g) Ft. Pierce Inlet - Beginning at the Riverside Marina Channel, thence directly to the Intracoastal Waterway generally south to the Fort Pierce turning basin, thence generally east in the Fort Pierce Inlet channel to the whistle buoy, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(h) St. Lucie Inlet - Beginning at Manatee Pocket, thence directly to the marked channel of the Okeechobee Waterway (St. Lucie River), thence generally east to the St. Lucie Inlet Channel, thence out the channel to the whistle buoy, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(i) Lake Worth Inlet - Beginning in the Intracoastal Waterway at the Blue Heron Bridge, thence generally south in the Intracoastal Waterway to the Port of Palm Beach turning basin, thence out the Lake Worth Inlet Channel to the whistle buoy, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(j) Miami River/Government Cut - Beginning in the Miami River, thence to the Intracoastal Waterway, thence to the Port of Miami and out Government Cut Channel to marker #1, thence due east until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(k) Tavernier Creek - Beginning at the oceanside of Tavernier Creek bridge, thence generally southeast out the marked channel to marker number 1 of the channel, thence on a heading of 120 degrees (directly toward marker #12 at Conch Reef) until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

(l) Boot Key Harbor - Beginning at Boot Key Harbor thence generally southwest in the Harbor, thence to the end of the Boot Key Harbor Channel (marker #1):

1. Boot Key Harbor Oceanside - Thence due south until one mile offshore if carrying non-entangling nets over 500 square feet or three miles offshore if carrying gill, trammel, or other entangling nets.

2. Boot Key Harbor Gulfside - Thence to Knights Key Channel generally north to Bethel Bank Light (marker #16), thence to John Sawyer Bank Light (marker #3), thence to Bullard Bank Light (marker #2), thence continuing on a bearing of 330 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(m) Stock Island Channel:

1. Stock Island Channel Oceanside - Beginning at marker #17 in Stock Island Channel, thence out Stock Island Channel to marker #2 until one mile offshore if carrying non-entangling nets over 500 square feet or thence due south to three miles offshore if carrying gill, trammel, or other entangling nets.

2. Stock Island Channel Gulfside - Beginning at marker #17 in Stock Island Channel, thence out Stock Island Channel to marker #2, thence on a heading of 245 degrees to the bell buoy at the entrance of the marked main ship channel, thence generally north in the marked main ship channel to marker #15, thence generally northwest to Northwest Channel out the Northwest Channel to the sea buoy (marker #1), thence due north passing Smith Shoal Light and continuing due north until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(n) Everglades National Park - Proscribed gear may be transported through Everglades National Park beginning at Everglades City only over Indian Key Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across Chokoloskee Bay thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(o) Naples Bay - Beginning at the U.S. 41 bridge at Naples Bay (Tin City), thence generally south in the marked channel to marker #19, thence generally west in the marked channel to Gordon's Pass marker #1, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(p) Punta Rassa Boat Ramp - Beginning at the Punta Rassa boat ramp at the east end of the Sanibel Bridge Causeway, thence generally west to the "A-span" of the Sanibel Bridge Causeway, thence generally southeast to marker #10 (flashing red light), continuing southeast in the marked channel to marker #8 (flashing red light), thence generally southeast to the Matanzas pass entrance channel and marker #6, continuing to marker #3, thence on a bearing of 210 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(q) Gasparilla Sound - Beginning in Gasparilla Sound at the Intracoastal Waterway marker #20, thence generally south in the marked channel of the Intracoastal Waterway to the center of Boca Grande Pass, thence generally west in the marked channel to marker #3 (whistle buoy), thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(r) Sarasota Bay/New Pass - Beginning in Sarasota Bay at the Tenth Street boat ramp on U.S. 41, thence generally southwest in the marked channel across Sarasota Bay and out through New Pass to marker #2 (bell buoy), thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(s) Anna Maria Island/Longboat Pass - Beginning in Anna Maria Sound at the State Road 684 bridge, thence generally south/southeast in the marked Intracoastal Waterway to marker #46, thence generally south/southwest in the marked channel known as Longboat Channel to Longboat Pass. Thence in the marked channel of Longboat Pass generally southwest to marker #2 (bell buoy), thence on a bearing of 240 degress until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(t) Egmont Channel:

1. Tampa Bay - Beginning at the Gandy boat ramp, thence generally west following the Gandy Bridge to the designated bridge channel, thence due south to marker #11K of the ship channel. Thence in the marked ship channel following cut K, J-2, J, G, F, E, D, C, B, and A to the Skyway Bridge. Thence generally west in the marked Mullet Key Channel, thence generally west in the marked channel known as Egmont Channel to marker #16, continuing generally west in the marked ship channel to marker #5 (whistle buoy), thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

2. Ft. Desoto Boat Ramp - Beginning in Mullet Key Bayou at the Fort Desoto boat ramp, thence generally north in the marked channel to the intersection of Bunces Pass Channel, thence generally west in the marked channel through Bunces Pass, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(u) Anclote River - Beginning in the Anclote River at the U.S. Highway 19 (Alternate) bridge, thence generally west in the marked channel to the head marker #2, thence north directly to marker #6, thence on a bearing of 346 degrees directly to marker #4. Thence on a bearing of 320 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(v) Hernando Beach Channel - Beginning at the Hernando Beach boat ramp, thence generally west in the marked channel to the channel head marker, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(w) Crystal River - Beginning at the head of the Crystal River, thence generally west in the marked channel to the channel head marker #2, thence due west until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(x) Cedar Key - Beginning at the Cedar Key boat ramp, thence generally south/southwest in the marked main ship channel to marker #1, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(y) Horseshoe Beach - Beginning at Horseshoe Beach, thence generally southwest in the marked channel to marker #2, thence on a heading of 225 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(z) Keaton Beach - Beginning at Keaton Beach generally west in the marked channel to marker #1, thence on a heading of 250 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(aa) Econfina River (Taylor County) - Beginning at the Econfina Landing out the river to the mouth of the river, thence on a heading of 220 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(bb) Port Panacea - Beginning at Port Panacea, thence generally southeast in the marked channel to marker #3, thence on a heading of 120 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(cc) Apalachicola River - Beginning at marker #8 in the Apalachicola River, thence generally south in the Intracoastal Waterway to marker #1 (turning buoy), thence on a heading of 175 degrees to marker #3 of Bob Sikes Cut. Thence in the marked channel through Bob Sikes Cut to marker #1, thence on a heading of 160 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(dd) St. Joseph Bay - Beginning at the Port St. Joe city boat ramp, thence generally southwest in the marked channel (North Channel becoming Entrance Channel) to the whistle buoy, thence on a heading of 240 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(ee) St. Andrews Bay - Beginning at St. Andrews Marina, thence generally southwest to marker #6, thence generally southeast following the marked channel to marker #3. Thence generally southwest in the marked channel out the inlet to the whistle buoy, thence on a heading of 240 degrees until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(ff) Destin Pass:

1. Alaqua Bayou - Beginning in Alaqua Bayou, thence on a heading of 220 degrees to marker 47 of the Intracoastal Waterway, thence generally west in the Intracoastal Waterway to marker 17 of the North Channel (Destin Pass), thence generally south out the marked channel (Destin Pass) to marker #3, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

2. Boggy Bayou - Beginning at marker #9 in Boggy Bayou, thence generally south in the marked channel to marker #1, thence on a heading of 210 degrees to marker #53 of the Intracoastal Waterway, thence generally west to marker 17 of the North Channel (Destin Pass), thence generally south out the marked channel (Destin Pass) to marker #3, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(gg) Pensacola Pass:

1. Shoreline Park Boat Ramp - Beginning at Shoreline Park boat ramp (Gulf Breeze), thence due south to the Intracoastal Waterway, thence generally west in the Intracoastal Waterway to marker #18, thence generally west in the marked channel to marker #13 at Pensacola Pass, thence generally south in the marked channel (Caucus Channel) to marker #1, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

2. "A" Street/"B" Street - Beginning at the Inner Harbor Channel, thence generally south in the West Channel to marker #25 in Bay Channel, thence generally south in the marked channel to marker #18, thence generally west in the marked channel to marker #13 at Pensacola Pass, thence generally south in the marked channel (Caucus Channel) to marker #1, thence due south until three miles offshore if carrying non-entangling nets over 500 square feet or nine miles offshore if carrying gill, trammel, or other entangling nets.

(5) Allowable departures from vessel corridors designated under subsection (4): Vessels required to use the corridors established by this rule, must remain within the specified corridor at all times while carrying or transporting prohibited nets, but may operate outside the corridor for purposes of ingress or egress under the following circumstances:

(a) Vessels traveling to a designated corridor from a seafood dealer establishment at the time of departure on a fishing trip or upon return from a fishing trip to the seafood dealer establishment, for the purposes of selling lawful catches, when such seafood dealer is adjacent but not contiguous to the corridor.

(b) Vessels traveling to a designated corridor from a vessel launching or mooring site at the time of departure on a fishing trip or upon return from a fishing trip to the launching or mooring site, for the purposes of loading the vessel on a trailer or mooring the vessel, when such launching or mooring site is adjacent but not contiguous to the corridor.

(c) Vessels traveling between vessel corridors designated under subsection (4), and sites designated under this subsection shall proceed from one to the other in the most expeditious manner possible and shall utilize the most direct route available.

(6) Exceptions for Emergencies: Vessels required to use the corridors established by this rule, must remain within the specified corridor at all times while carrying or transporting prohibited nets.

(a) Deviations from the corridors established under this rule are permissible only upon affirmative showing by the operator of said vessel that one of the following bona fide emergency situations apply:

1. Cases involving bona fide medical emergencies,

2. Cases involving severe weather or sea conditions, where an alternate course must be followed when returning to shore, in order to avoid a bona fide and substantial risk to life, limb or property,

3. Cases involving significant threat from mechanical failure posing a bona fide and substantial risk to life, limb or property.

(b) Any vessel found outside the corridors established by this rule while carrying or transporting prohibited nets is in violation of the provisions of Section 379.2423(4), F.S. Any person seeking to avail himself of the emergency exceptions listed above as an affirmative defense has the burden to establish the existence of such an emergency by a preponderance of the evidence.

(7) Variance Provisions.

(a) The Commission recognizes that the strict application of the vessel corridors described in subsection (4), may lead to unreasonable, unfair, and unintended results in particular instances. The Commission will grant a variance to this rule when a person subject to this rule demonstrates that the purpose of the underlying statute will still be achieved and that the strict application of this rule will create a substantial hardship or would violate principles of fairness. For the purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance. For the purposes of this section, "principles of fairness" are violated when the literal application of the rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

(b) Upon reinstatement of saltwater license privileges suspended pursuant to Section 379.2424, F.S., or during the reinstatement period, or during the final 90 days of such suspension, an individual who is restricted to the corridors listed in subsection (4), may file a petition with the Director of the Division of Law Enforcement requesting a variance specifying an alternative corridor within which the individual may operate a vessel containing prohibited nets. In addition to any requirements mandated by uniform rules of the Administration Commission, each petition shall specify:

1. The corridor(s) in subsection (4), from which the variance is requested.

2. A description of the alternative corridor the petitioner is requesting.

3. The specific facts, including any limits or conditions the petitioner proposes for the variance, that would justify a variance for the petitioner.

4. The reason why the variance would serve the purposes of Section 379.2423, F.S.

(c) Petitions may be hand delivered or mailed to: Director, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399.

Notes

Fla. Admin. Code Ann. R. 68E-21.001

Rulemaking Authority Art. X, § 16, Florida Constitution, Art. IV, § 9, Florida Constitution Law Implemented Art. X, § 16, Florida Constitution, Art IV, § 9, Florida Constitution FS.

New 3-13-97, Formerly 62R-21.001.

New 3-13-97, Formerly 62R-21.001.