Current through Reg. 50, No. 187; September 24, 2024
(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.
Rulemaking Authority
379.2431(2) FS.
Law Implemented 379.2431(2)
FS.
New 1-24-23.
