Current through Reg. 50, No. 187; September 24, 2024
(1) This rule
chapter implements Section
379.2431(2),
F.S., (the Florida Manatee Sanctuary Act) by establishing restrictions to
protect manatees from harmful collisions with motorboats and from harassment;
to protect manatee habitat, such as seagrass beds, from destruction by boats or
other human activity; and to provide limited safe havens where manatees can
rest, feed, reproduce, give birth or nurse undisturbed by human activity. The
Commission shall only regulate motorboat speed and operation in areas where
manatees are frequently sighted and the best available scientific information,
as well as other available, relevant, and reliable information supports the
conclusion that manatees inhabit such areas on a regular or periodic basis.
Information considered by the Commission may include but is not limited to
manatee surveys, observations, available studies of food sources, and water
depths.
(2) When establishing
manatee protection zones as provided above, the Commission shall utilize the
standards provided under paragraph (2)(a), below, in determining whether
restrictions are necessary to protect manatees or manatee habitat. The
Commission shall not establish restrictions that result in undue interference
with the rights of fishers, boaters, and water skiers (as they apply under
Section 379.2431(2)(k),
F.S.).
(a) The Commission utilizes the
following standards in determining whether restrictions are necessary to
protect manatees or manatee habitats in areas of regular or periodic manatee
use:
1. Restrictions are necessary if the
absence of adequate restrictions will likely result in:
a. Injury or death to manatees, or
b. Harassment of manatees, or
c. Destruction of essential manatee
habitat.
2. In
determining whether restrictions are necessary, the Commission will consider,
but not be limited to an examination of, the following factors:
a. The patterns and intensity of known
boating activities in the area,
b.
Seasonal and/or year-round patterns of manatee use,
c. The number of manatees that the Commission
has concluded use the area on a regular or periodic basis,
d. The manatee mortality trends within the
area,
e. The existence of features
within the area that are essential to the survival of, or are known to attract,
manatees, such as seagrasses or other food sources, favorable water depths, and
fresh or warm water sources,
f. The
characteristics of the waterway; and,
g. Whether the Commission's measurable
biological goals that define manatee recovery are being achieved in the region
that is being considered.
(b) Regarding the measurable biological goals
referenced in paragraph (2)(a), above, in regions where the goals are being
achieved, the Commission shall give great weight to existing state manatee
protection rules; however, the Commission may amend existing rules or adopt new
rules in these areas to address risks or circumstances in a particular area or
water body.
(c) In consideration of
balancing the rights of fishers, boaters, and water skiers to use waters for
recreational and commercial purposes (as applicable under Section
379.2431(2)(k),
F.S.), with the necessity for boat speed regulation to protect manatees and
manatee habitat in identified manatee use areas, the Commission may designate
limited lanes or corridors to provide for reasonable motorboat speeds
(twenty-five (25) mph or greater) or not regulate sufficient portions in order
to accommodate activities that require higher speeds, upon a finding that such
lanes, corridors, or areas are consistent with manatee protection
needs.
Rulemaking Authority
370.12(2)(g)-(j), (l), (n),
(o),
372.072(6) FS.
Law Implemented 370.12(2)(d), (g)-(l), (n),
(o),
372.072(6)
FS.
New 3-19-79, Formerly 16N-22.01, Amended 12-30-86, 6-16-93,
9-9-93, Formerly 16N-22.001, Amended 5-31-95, 6-25-96, 5-12-98, Formerly
62N-22.001, Amended 12-23-03, 11-8-05.
