Current through Reg. 50, No. 187; September 24, 2024
(1) General
Guidelines and Application Procedures: This rule sets forth criteria pertaining
to the regulation of the speed and operation of vessel traffic and other
activities which are otherwise prohibited by Chapter 68C-22, F.A.C. Permits for
such regulated activities shall be issued only as provided hereunder. Permits
shall be issued only upon a finding by the Commission that activities as
described in this section will not pose a serious threat to manatees, and that
such activities are justified. Determinations of justification of need will be
made based on the criteria given under each specific subsection.
Permits shall not be granted for activities within
"Motorboats Prohibited" or "No Entry" zones, except as explicitly provided for
in this section.
(a) In considering
applications for permits under this section, a "serious threat to manatees"
exists if, due to the nature, location, or frequency of the activity proposed,
its conduct can be reasonably expected to result in either (1) injury or death
to manatees, (2) a significant disruption of the manatee's normal use, behavior
or migratory patterns, or (3) disturbance which would lead to or cause
destruction of essential manatee habitat. In making its determination, the
Commission's examination will include an evaluation of the following factors:
1. Patterns of manatee use of the area, both
seasonal and year-round,
2. The
number of manatees known or assumed to occur in or seasonally use the area,
3. The manatee mortality trends
within the area,
4. The existence
of features within the area which 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,
5. The cumulative effect of the requested
activities in light of other permits previously granted or currently being
considered by the Commission and known vessel traffic patterns and densities in
the area; and,
6. The
characteristics of the waterway and of the vessel(s)/motor(s) which would be
operated by the applicant.
(b) Applications for permits to conduct
activities described in this section should be submitted as far in advance of
the requested activities as possible and must be submitted to the Chief of the
Office of Environmental Services, Florida Fish and Wildlife Conservation
Commission, 620 South Meridian Street, Tallahassee, FL 32399. Information which
must be submitted is described in each specific subsection. If an application
does not contain sufficient information to enable the Office to evaluate the
request, the Office shall request any needed information within thirty (30)
days of receipt of the request. The Office shall respond by letter (issuing a
permit or denying the request) as quickly as is practical and must respond
within ninety (90) days of receipt of all necessary information.
(c) When issuing a permit, the Commission may
place conditions on the permit as necessary to protect manatees. Examples of
types of conditions which may be specified include seasonal constraints, use of
screens or barriers, restrictions on types of permitted activities,
restrictions relative to time of day, day of week, or weather conditions when
permits are in effect, use of specialized equipment (e.g., propeller guards or
jet drives, speedometers) when feasible and such use would not defeat the
purpose of the requested activity, additional water quality precautions, sea
grass protection or protection of associated marine life or vegetation,
temporary marking or permit display, limitations on intensity of activity,
pre-activity monitoring, use of manatee observers, and after-activity reports.
The specific conditions, if any, that are placed on a permit will be dependent
on the specifics of the request. Acceptance of the permit shall constitute
evidence that the recipient agrees to comply with the conditions set forth in
the permit.
(d) The Commission
retains the right to modify or rescind a permit should information become
available indicating that the permitted activity is likely to create a serious
threat to manatees or that the permit (in its current form) is not needed by
the recipient. Before a permit is modified or rescinded, the permit holder
shall be given an opportunity to discuss with the Commission the reasons for
the modification or rescission. Unless an immediate threat to manatees is
likely, the Commission shall wait at least thirty (30) days after notifying the
permit holder before taking action on the permit. If a single manatee is struck
or killed by a vessel operating pursuant to a permit under these provisions,
the permit shall be immediately re-evaluated by the Commission to determine if
the permit needs to be modified or rescinded.
(e) Receipt of a permit does not release a
holder from the duty to comply with all federal, state, and local regulations
(other than Chapter 68C-22, F.A.C.) governing the operation of vessels on
navigable waterways or pertaining to protection of the West Indian (Florida)
manatee. Permit issuance does not constitute authorization for the recipient to
kill, injure, or harass a manatee while operating under a permit.
(f) Failure to comply with the permit or
associated conditions, or any finding of fraudulent use or application for said
permit, shall be cause for the immediate revocation of the
permit.
(2) Law
Enforcement: Any authorized law enforcement officer may engage in any activity
otherwise prohibited by Chapter 68C-22, F.A.C., if:
(a) The officer is acting in the performance
of his or her official duties, and entry into a "Motorboats Prohibited" or "No
Entry" zone as defined in Rule
68C-22.002, F.A.C. is reasonably
warranted, or
(b) The activity is
being conducted to directly protect manatees, to enhance the propagation or
survival of manatees, or it is reasonably required to enforce other provisions
of Chapter 68C-22, F.A.C.
(3) Emergency Situations: Any person may
engage in water-borne activity otherwise prohibited by Chapter 68C-22, F.A.C.,
if such activity is reasonably necessary to prevent the loss of life or
property due to emergency circumstances, or to render emergency
assistance.
(4) General Activities:
For the purpose of issuing authorizations to allow the performance of certain
activities which are otherwise prohibited by Chapter 68C-22, F.A.C., (including
activities prohibited by "Motorboats Prohibited" or "No Entry" zones as defined
in Rule 68C-22.002, F.A.C., as provided
in subsection (1), permits shall be issued by the Commission only upon both a
showing of a justification of need by the applicant and a determination of an
absence of serious threat to manatees in association with the requested
activity. Permits shall only be issued for activities which: are necessary to
carry out a prerequisite of permitting by federal, state, or local governments
(or are a condition to or are otherwise authorized by a valid permit), are
necessary for habitat restoration or environmental protection purposes, are
necessary for other scientific or educational purposes or for the enhancement
of propagation or survival of the manatee, or are necessary for purposes of
construction, maintenance, or repair to adjacent property owner's facilities
including maintenance dredging and debris removal. Permitted activities may
not, either intentionally or negligently, molest, harass, collide with, injure
or harm manatees. When operating under a permit within "Motorboats Prohibited"
or "No Entry" zones, vessels shall be operated at no greater than idle speed.
(a) Permits are non-transferable and shall
only be considered upon written application as specified hereunder. Copies of
any associated permits must be submitted with the request. The application
must, at a minimum, contain enough information to demonstrate:
1. The nature and scope of the activity to be
conducted within the restricted area, including the number of vessels to be
involved, the type and configuration of the vessels, and the maximum speeds
necessary,
2. The specific area
within which the activity would be conducted, described in the application and
depicted on a nautical chart,
3.
The period of time for which the permit is needed, limited to specific dates if
possible; and,
4. Justification for
conducting the activity within waters regulated for manatee protection, clearly
demonstrating why an alternative site is unsuitable or
unavailable.
(b) Permits
granted under the provisions of this subsection shall be effective only for the
time period specified in the permit, and only in the areas specified in the
notice.
(5) Resident
Access to Limited Entry Areas: Any authorized resident or his/her guests who
must cross a "Motorboats Prohibited" or "No Entry" zone as defined in Rule
68C-22.002, F.A.C., for the sole
purpose of water access by boat to private residences, boat houses, or boat
docks, shall be authorized access by obtaining and affixing an identifying
insignia to his/her vessel. Motorboats shall be operated at no greater than
idle speed while within the zone.
(a) To
obtain authorization, authorized residents must submit a signed letter
providing the following information and documentation:
1. The name, mailing address, and telephone
number of the authorized resident,
2. A description of the vessel(s) to be
permitted, including a copy(ies) of the current vessel registration(s),
3. A map showing the location of
the property to which access is required in relation to the "No Entry" or
"Motorboats Prohibited" zone,
4.
Verification of property ownership, rental or lease. For property owners,
acceptable forms of verification include the property's tax assessment, a
current utilities or telephone bill, or a mortgage agreement. For residents
renting or leasing the property, acceptable forms of verification include the
rental or lease agreement, or a current utilities or telephone bill. To be
acceptable, the document used for verification must be in the authorized
resident's name.
(b) Upon
review and approval of the application by the Office of Environmental Services,
an identifying decal or other insignia shall be issued, free of charge, to
authorized residents. (Two (2) insignias or decals per authorized resident
shall also be issued free of charge for use by authorized guests, with
additional guest decals available upon justification of
need.)
(6) Commercial
Fishing and Professional Guiding: The following provisions pertain to
qualifying commercial fishermen and professional fishing guides. In those speed
zones wherein such intent was provided and specified at the time of zone
establishment and as provided in subsection (1), permits shall be issued by the
Commission only upon both a showing of a justification of need by the applicant
and a determination of an absence of serious threat to manatees in association
with the requested activity.
(a) In
considering applications for permits under this subsection, a justification of
need will be based on a finding of hardship. A hardship will be found to exist
if an applicant can demonstrate the following:
1. Commercial fishing or professional
guiding, as appropriate, is either:
a. The
applicant's principal occupation, in that a majority of the applicant's work
week is spent in pursuit of that occupation, or
b. A significant source of income for the
applicant, in that a minimum of twenty-five percent (25%) of the applicant's
gross annual income is attributable to revenue derived from that occupation,
2. The applicant's
customary fishing or guiding practices would be significantly curtailed as a
result of the restrictions for which a permit is sought in that at least
twenty-five percent (25%) of the applicant's gross annual income would be lost
if a permit is not granted because sufficient alternative sites or methods for
carrying out the activity in question are not available to the applicant; and,
3. The applicant's compliance with
the restrictions for which a permit is sought will result in a significant
economic or physical burden being borne by the applicant.
(b) Upon a determination by the Office of
Environmental Services that such a permit will not result in serious threats to
manatees and that a hardship exists as a result of the speed restrictions
imposed, commercial fishermen fulfilling the following requirements shall be
granted a permit;
1. Possession of a current
Saltwater Products License issued pursuant to Section
379.361, F.S., or of an
equivalent freshwater license issued pursuant to Section
379.363, F.S., (if only
freshwater species are taken), a current commercial vessel registration, and
any other license(s) as may be required of commercial fishermen to operate
within the particular county in which a permit is sought; and,
2. Completion of the permit application
referenced in paragraph (6)(d) hereunder, including submittal of copies of all
documents required in subparagraph (b)1., above.
(c) Upon a determination by the Office of
Environmental Services that such a permit will not result in serious threats to
manatees and that a hardship exists as a result of the speed restrictions
imposed, professional fishing guides fulfilling the following requirements
shall be granted a permit:
1. Possession of a
current commercial vessel registration,
2. Possession of a current license from the
U.S. Coast Guard authorizing the carriage of passengers for hire on the waters
for which the permit is sought,
3.
Possession of a current saltwater fishing license in accordance with Section
379.354, F.S., for vessels
carrying customers wherein a fee is paid directly or indirectly (if saltwater
species are taken),
4. Possession
of other current occupational license(s) as may be required of professional
fishing guides to operate within the particular county in which the permit is
sought; and,
5. Completion of the
permit application referenced in paragraph (6)(d), hereunder, including
submittal of copies of all documents required in subparagraphs (c)1. through
(c)4., above.
(d) A
permit application form ("Application for Permit, Manatee Protection Zones"),
Form No. FWC 68C-22.003 -6 (6/96), which is
hereby incorporated by reference, may be obtained from the Fish and Wildlife
Conservation Commission, Office of Environmental Services, 620 South Meridian
Street, Tallahassee, FL 32399, or from the Division of Law Enforcement office
as designated under specific manatee protection zone rule provisions. The form
shall include items for completion by commercial fishermen and professional
fishing guides, imparting information necessary:
(1) to show a justification of need by the
applicant; and
(2) for the
Commission to make a determination as to the potential impacts of allowing the
requested activities within specified regulated areas.
(e) Acceptance of a permit shall constitute
evidence that the recipient agrees to maintain speeds of twenty (20) mph or
less at all times while operating under a permit within the restricted area and
to comply with any and all conditions set forth within the permit. (Examples of
other types of conditions which may be specified to promote manatee protection
are described in subsection
68C-22.003(1),
F.A.C.)
(f) Permits granted under
the provisions of this section shall be effective only for the time period
specified in the permit, and only in the areas specified in the notice. Permits
may only be utilized by the fisherman or guide in whose name it is issued, only
while aboard the vessel identified on the permit, and only when engaged in
their customary fishing or guiding practices, as applicable. For guides,
permits apply only when paying customers are aboard.
(7) Testing of Motors or Vessels by
Manufacturers: The following provisions pertain to boat motor and vessel
testing operations by manufacturers. As provided in subsection (1), permits
shall be issued by the Commission only upon both a showing of justification of
need by the applicant and a determination of an absence of serious threat to
manatees in association with the requested activity. Permits shall be in effect
for five (5) years, or for a shorter period if requested by the applicant, and
shall only be issued upon written application as specified within paragraph
(7)(a), hereunder. Permits are non-transferable and shall only be issued from
speed restrictions appearing in Chapter 68C-22, F.A.C., which were established
after June 1, 1990.
(a) Permits shall be
granted only upon:
1. Submission of a request
in writing to the Office of Environmental Services clearly stating:
a. The geographic areas within which testing
is to be conducted (The written description shall be accompanied by
navigational charts or boater guide maps clearly indicating the proposed test
course location and route),
b. The
types of vessels/motors to be tested,
c. The estimated number of motors or vessels
to be tested annually,
d. The
estimated maximum number of motors or vessels to be tested at any one time
within the restricted area,
e. The
estimated maximum speeds at which vessels will travel during the tests; and,
f. The estimated number of
qualified employees to work as vessel operators, and a brief description of
their qualifications.
2.
Submission of a statement of justification of need to utilize specific
waterways or specific portions of waterways within areas for which manatee
speed zone protection has been established, clearly demonstrating a substantial
hardship (economic, operational or other) to the manufacturer. Such a statement
must detail why, and under what circumstances, other waters are inappropriate
for such testing purposes.
(b) Acceptance of a permit shall constitute
evidence that the recipient (and his/her authorized employees) agrees to:
1. Carry on the vessel a copy of the permit
and, an identification as an employee of a corporation or firm actively engaged
in the manufacture of boat motors or vessels,
2. Unless otherwise provided in the permit,
operate only between sun-up and sundown, Monday through Friday, and sun-up
Saturday through noon, not on Sundays or on state-recognized holidays; and,
3. Comply with any and all
conditions set forth in the permit. (Examples of other types of conditions
which may be specified to promote manatee protection are described in
subsection 68C-22.003(1),
F.A.C.)
(c) For the
purposes of this rule, the following definitions shall apply:
1. Testing - The act by a manufacturer of
evaluating a boat motor or vessel for the purposes of determining its
operational characteristics. Such operational characteristics shall include,
but not be limited to, those pertaining to product designs, endurance,
performance, and safety.
2. Boat
motor manufacturer - An entity engaged in the production of boat motors from
basic components for the purpose of sale.
3. Vessel manufacturer - An entity engaged in
the production of vessels from basic components for the purpose of
sale.
4. Vessel - Vessel is
synonymous with boat, as referenced in Section 1(b), Article VII, of the State
Constitution, and includes every description of watercraft, barge, and airboat
other than a seaplane on the water used or capable of being used as a means of
transportation on water.
(8) Resident Access Through Speed-controlled
Areas: For the sole purpose of allowing ingress and egress to persons who must
travel through speed zones established under Chapter 68C-22, F.A.C., to access
private residences, boat houses, or boat docks, except as provided under
subsections (4) and (5), above, who would otherwise be physically precluded
water access because of speed restrictions (such that shoaling or other
physical factors would require residents to exceed such speed restrictions),
the Commission shall grant a non-transferable resident permit upon a
demonstration of just cause, as set forth in paragraph (8)(a), hereunder, and
upon a finding that issuance of such a permit will not pose a serious threat to
manatees.
(a) The Office of Environmental
Services, upon review by the Division of Law Enforcement, will consider a
request for such a resident permit upon the receipt of a signed explanatory
letter of intent from the affected resident clearly demonstrating:
1. The need to exceed speed restrictions for
ingress and egress purposes,
2.
Justification for traveling at speeds greater than those established within
designated zone on the basis of vessel and boat motor types/horsepower,
3. Evidence of property ownership
or residency in said property,
4.
Areas, as marked on an accompanying map and clearly described with permanent
landmarks, where shoaling or other physical circumstances warrant exception to
restrictive provisions, and the minimum area/distance required for travel at
speeds greater than those established within the designated zone; and,
5. Description(s) and vessel
registration number(s) for vessel(s) owned by said resident for which a permit
is requested.
(b)
Acceptance of a permit shall constitute evidence that the recipient agrees to
maintain speeds of twenty-five (25) MPH or less at all times while operating
under a permit unless otherwise provided in the permit, to hold said permit on
the vessel at all times, and to comply with any and all conditions set forth
within the permit. (Examples of other types of conditions which may be
specified to promote manatee protection are described in subsection
68C-22.003(1),
F.A.C.)
(c) Permits granted under
the provisions of this subsection shall be effective only for the time period
specified in the permit, and only in the areas specified in the
notice.
(d) If the area for which a
permit has been issued is dredged, the permit recipient shall so notify the
Commission.
(9) Boat
Races: The following provisions pertain to powerboat racing. In those speed
zones wherein such intent was provided and specified at the time of zone
establishment and as provided in subsection (1), permits shall be issued by the
Commission only upon both a showing of a justification of need by the applicant
and a determination of an absence of serious threat to manatees in association
with the requested activity. Permits are non-transferable and shall only be
considered upon written application as specified hereunder.
(a) The application must, at a minimum,
contain enough information to demonstrate:
1.
The nature and scope of the racing event, including estimated numbers of
vessels to be involved, the nature and configuration of the vessels, and the
maximum speeds anticipated,
2. The
specific area within which the racing event is requested, described in the
application and depicted on a nautical chart,
3. The intended date(s) of the racing event;
and,
4. Justification for holding
the racing event within waters regulated for manatee protection, clearly
demonstrating why an alternative site is unsuitable or
unavailable.
(b) Failure
to comply with the permit or associated conditions, or any finding of
fraudulent use or application for said permit, shall be cause for the immediate
revocation of the permit, including suspension of permit privileges prior to or
during the permitted event. (Examples of types of conditions which may be
specified to promote manatee protection are described in subsection
68C-22.003(1),
F.A.C.)
(c) If a single manatee is
struck or killed by a vessel operating above the posted speed limit pursuant to
a permit under these provisions, the permit shall be automatically and
immediately rescinded.
(d) Permits
granted under the provisions of this subsection shall be effective only for the
time period specified in the permit, and only in the areas specified in the
permit.
Rulemaking Authority
379.2431(2) FS.
Law Implemented 379.2431(2)
FS.
New 3-19-79, Formerly 16N-22.03, Amended 12-30-86, 8-28-90,
12-25-91, 6-16-93, Formerly 16N-22.003, Amended 6-25-96, 5-12-98, Formerly
62N-22.003.
