Current through Reg. 50, No. 187; September 24, 2024
(2) For the purpose of regulating the speed
and operation of motorboats within St. Lucie County, the following year-round
and seasonal zones are established, which shall include all associated and
navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, and
boat basins unless otherwise designated or excluded: (Access to the No Entry
and Motorboats Prohibited zones designated below in paragraphs (2)(a) and
(2)(b), respectively, will be provided in accordance with procedures set forth
in subsection (4), hereunder, and applicable provisions under Rule
68C-22.003, F.A.C.)
(a) No Entry Zone (Year-round) - Harbor
Branch Area: Those waters of the Harbor Branch waterway including all
associated canals and boat basins westerly of a due south line from the
westernmost point of the rail system associated with the hoist on the northern
side and near the western end of said Harbor Branch waterway (approximate
latitude 27° 32' 03" North, approximate longitude 80° 21' 24"
West).
(b) Motorboats Prohibited
Zone (November 15 through March 31)/Idle Speed Zone (Remainder of Year) -
Moore's Creek Area: Those waters of Moore's Creek lying westerly of the general
contour of the westerly shoreline of Indian River, and easterly of the
centerline of the Indian River Drive Bridge.
(c) Idle Speed Zone (Year-round) -
1. Harbor Branch Area: Those waters of the
Harbor Branch waterway including all associated canals and boat basins,
westerly of a line drawn across the eastern extremities of the north and south
jetties at the entrance of said waterway and easterly of a due south line from
the westernmost point of the rail system associated with the hoist on the
northern side and near the western end of said Harbor Branch waterway
(approximate latitude 27° 32' 03" North, approximate longitude 80° 21'
24" West),
2. Garfield Cut Area:
Those waters of Garfield Cut, including the canal system of the Queens Cove
residential development and all other associated waters easterly and
northeasterly of a line which bears North 11° 00' 00" West from a point on
the westerly side of Garfield Point (approximate latitude 27° 30' 54"
North, approximate longitude 80° 19' 38" West), with said line running
approximately through privately maintained channel marker "8",
3. Jack Island Area: Those waters lying
easterly and northeasterly of Jack Island, northerly of lines which bear North
65° 00' 00" West and North 65° 00' 00" East from the northeasternmost
tip of an unnamed mangrove island lying on the south side of Snapper Cut
(approximate latitude 27° 29' 17" North, approximate longitude 80° 18'
49" West), and southerly of a line which bears East from the southernmost tip
of a peninsula near the north end of the easterly side of Jack Island
(approximate latitude 27° 30' 13" North, approximate longitude 80° 18'
33" West), including the waters of the bay immediately west of said peninsula
and the canals of Coastal Coves residential area,
4. Ft. Pierce Cut, Wildcat Cove Area: Those
waters of Ft. Pierce Cut and Wildcat Cove, including the canal system of the
Coral Cove development, northeasterly of a line which bears North 60° 00'
00" West from a point approximately 2640 feet northeasterly of Cook Point on
the southeasterly side of the Ft. Pierce Cut (approximate latitude
27°29'08" North, approximate longitude 80° 18' 28" West),
5. North Beach Causeway to Delaware Avenue
Area: Those waters of Indian River, westerly of a line 100 feet westerly of and
parallel with the westerly boundary of the Atlantic Intercoastal Waterway,
southerly of the centerline of the North Beach Causeway Bridge, and northerly
of a line which bears South 69° 00' 00" West running through Green Atlantic
Intracoastal Waterway Channel Marker "189" (latitude 27° 26' 39" North,
longitude 80° 18' 44" West), including those waters of Taylor Creek
easterly of the centerline of the North 25th Street Bridge and those waters of
Belcher Canal easterly of the salinity control structure located near the North
14th Street Bridge, except as designated for alternative regulation under
paragraph (2)(b),
6. Little Mud
Creek Area: Those waters of Little Mud Creek, easterly of a line which bears
approximately South 27° 00' 00" East from the tip of a peninsula on the
northerly shoreline of Little Mud Creek (approximate latitude 27° 22' 38"
North, approximate longitude 80° 15' 36" West) to the westernmost tip of a
peninsula on the southerly shoreline of Little Mud Creek (approximate latitude
27° 22' 30" North, approximate longitude 80° 15' 33" West), and
westerly of the centerline of the US Highway A-1-A Bridge,
7. Big Mud Creek Area: Those waters of Big
Mud Creek, easterly of a line which bears North 25° 00' 00" East from the
northernmost tip of Herman Bay Point (approximate latitude 27° 20' 58"
North, approximate longitude 80° 15' 32" West), and westerly of the
centerline of the US Highway A-1-A Bridge.
(d) Slow Speed Zone (Year-round) -
1. Blue Hole Point Area: Those waters of
Indian River, channel included, southerly of the Indian River County/St. Lucie
County line, and northerly of an East-West line running through Green Atlantic
Intracoastal Waterway Channel Marker "173" (latitude 27° 31' 14" North,
longitude 80° 20' 18" West), including the waters of Big Starvation Cove,
the unnamed backwater northeasterly of Big Starvation Cove in the Northwest 1/4
of Section 3, Township 34 South, Range 40 East, and all the waters of Blue Hole
Creek, except as otherwise designated for alternative regulation under
subparagraphs (2)(c)1. and (2)(h)1.,
2. Indrio to North Beach Causeway Area: Those
waters within 600 feet of the general contour of the westerly shoreline of
Indian River, southerly of an East-West line running through Green Atlantic
Intracoastal Waterway Channel Marker "173" (latitude 27° 31' 14" North,
longitude 80° 20' 18" West), and northerly of the centerline of the North
Beach Causeway Bridge,
3. Snapper
Cut, Southern Jack Island Area: Those waters of the Indian River within 300
feet of the general contour of the westerly and southwesterly shoreline of Jack
Island, southerly and southeasterly of a line which bears West from a point on
the westerly shoreline of Jack Island (approximate latitude 27° 29' 38"
North, approximate longitude 80° 19' 19" West) and northerly and
northwesterly of a line which bears North 41° 00' 00" East from the
northwesterly tip (approximate latitude 27° 29' 12" North, approximate
longitude 80° 19' 02" West) of the unnamed mangrove island that forms the
southern boundary of Snapper Cut; and all waters of Snapper Cut and the Indian
River easterly and southeasterly of a line which bears North 41° 00' 00"
East from said northwesterly tip of the unnamed mangrove island southerly of
Jack Island, southwesterly of a line which bears North 65° 00' 00" West
from the northeasternmost tip of said unnamed mangrove island (approximate
latitude 27° 29' 17" North, approximate longitude 80°18' 49" West), and
northerly of the northern shoreline of said unnamed mangrove island that forms
the southern boundary of Snapper Cut,
4. Ft. Pierce Inlet Area: Those waters of
Indian River and the Ft. Pierce Inlet, northeasterly of a line 100 feet
northeasterly of and parallel with the northeasterly boundary of the main
marked channel of the Atlantic Intracoastal Waterway, westerly and
northwesterly of a line which bears South from a point on the northerly
shoreline of Ft. Pierce Inlet approximately 800 feet southwesterly of the
southerly end of Beach Boulevard (approximate latitude 27° 28' 20" North,
approximate longitude 80° 17' 45" West), southerly of the centerlines of
the North Beach Causeway bridges, and northerly of the general contour of the
northerly shoreline of Causeway Island and the centerline of the South Beach
Causeway Bridge, except as designated for alternative regulation under
subparagraphs (2)(e)2. and (2)(g)1., and excepting the following described
waters: Those waters of Indian River southeasterly of the general contour of
the southerly shoreline of the North Beach Causeway, northeasterly of a line
which bears South 30° 00' 00" East from the southernmost tip of a peninsula
near the southwest end of said causeway (approximate latitude 27° 28' 20"
North, approximate longitude 80° 19' 14" West), northeasterly of a line
which bears North 65° 00' 00" West from a Red Isophase 6 Second Range Light
(latitude 27° 28 '02" North, longitude 80° 18' 56" West), northwesterly
of a line which bears approximately North 80° 00' 00" East from said Red
Isophase 6 Second Range Light, westerly of the general contour of the westerly
shoreline of the unnamed mangrove island westerly of the privately maintained
channel leading to Jim Island, and southwesterly of a line which bears North
30° 00' 00" West from the northernmost tip of said unnamed mangrove island
(approximate latitude 27° 28' 22" North, approximate longitude 80° 18'
40" West); also excepting those waters of Tucker Cove, northwesterly of a line
which bears North 30° 00' 00" East from the easternmost tip of Coon Island
(approximate latitude 27° 28' 25" North, approximate longitude 80° 17'
55" West), northeasterly of a line which bears approximately North 50° 00'
00" West from said easternmost tip of Coon Island to the easternmost tip of the
small unnamed island immediately north of the eastern end of Coon Island,
northeasterly of the general contour of the northeasterly shoreline of said
unnamed island, and northeasterly of a line which bears approximately North
35° 00' 00" West from the northernmost tip of said unnamed island to the
easternmost tip of a peninsula on the westerly shore of Tucker Cove
(approximate latitude 27° 28' 34" North, approximate longitude 80° 18'
13" West),
5. Causeway Island Area:
Those waters of Indian River northeasterly of a line 100 feet northeasterly of
and parallel with the northeasterly boundary line of the main marked channel of
the Atlantic Intracoastal Waterway, southerly of the centerline of the South
Beach Causeway Bridge and the general contour of the southerly shoreline of
Causeway Island, southwesterly of a line 2, 500 feet northeasterly of and
parallel with said northeasterly boundary line, and northerly of a line which
bears North 69° 00' 00" East running through Green Atlantic Intracoastal
Waterway Channel Marker "189" (latitude 27° 26' 39" North, longitude
80° 18' 44" West); those waters of Indian River and Faber Cove lying
northerly and northeasterly of an East-West line which runs through private red
channel marker "12A" (approximate latitude 27° 27' 41" North, approximate
longitude 80° 18' 04" West); and those waters of Indian River lying
northerly of the northern boundary of the privately maintained channel on the
south side of Causeway Island, northeasterly of a line 2, 500 feet
northeasterly of and parallel with the northeasterly boundary of the main
marked channel of said Intracoastal Waterway, southerly and southwesterly of
said East-West line which runs through private red channel marker "12A, " and
southerly of the general contour of the southerly shoreline of Causeway Island,
6. Delaware Avenue to St. Lucie
County/Martin County Line Area: Those waters of Indian River westerly of a line
200 feet southwesterly of and parallel with the southwesterly boundary line of
the main marked channel of the Atlantic Intracoastal Waterway, southeasterly of
a line which bears South 69° 00' 00" West running through Green Atlantic
Intracoastal Waterway Channel Marker "189" (latitude 27° 26' 39" North,
longitude 80° 18' 44" West), and northerly of the St. Lucie County/Martin
County line,
7. Hook Point to Bear
Point Cove Area: Those waters of the Indian River within 1, 000 feet of the
general contour of the easterly shoreline of said Indian River, southerly of a
due West line from a point on said easterly shoreline (approximate latitude
27° 26' 03" North, approximate longitude 80° 17' 51'' West), said point
lying approximately 5, 800 feet southerly of Hook Point, and northerly and
westerly of a line which bears South from the southern tip of Bear Point
(approximate latitude 27° 25' 41" North, approximate longitude 80° 17'
18" West); and those waters of Bear Point Cove northerly of a line which bears
West from a point located on the easterly shoreline of Indian River
(approximate latitude 27° 25' 30" North, approximate longitude 80° 16'
56" West), easterly of a line that bears South from the southern tip of Bear
Point (approximate latitude 27° 25' 41" North, approximate longitude
80° 17' 18" West), and northeasterly of a line that bears South 85° 00'
00" East from a point on the aforementioned line bearing South located 1, 000
feet southerly of the southerly shoreline of Bear Point to a point on
aforementioned line bearing West located 1, 000 feet westerly of the easterly
shoreline of Indian River,
8. Bear
Point Cove to Herman Bay Area: Those waters of the Indian River within 1, 000
feet of the general contour of the easterly shoreline of the Indian River,
southerly of a line which bears West from a point on the easterly shoreline of
the Indian River (approximate latitude 27° 25' 30" North, approximate
longitude 80° 16' 56" West), and northerly of a line which bears West from
the southernmost tip of a peninsula on the northwesterly shoreline of Herman
Bay (approximate latitude 27° 20' 18" North, approximate longitude 80°
14' 55" West); and those waters easterly of a line that bears North 04° 00'
00" East from a point 1, 000 feet West of the westernmost tip of Herman Bay
Point (approximate latitude 27° 20' 55" North, approximate longitude
80° 15' 36" West) and those waters of Pete Stones Creek and Middle Cove
lying southwesterly of the centerlines of the US Highway A-1-A bridges,
excepting the waters of Blind Creek and those waters designated for alternative
regulation under subparagraphs (2)(c)6. and (2)(c)7.,
9. Nettles Island Area: Those waters of the
Indian River, including associated canals and boat basins lying southeasterly
of a line which bears South 35° 00' 00" West from the southernmost tip of a
mangrove peninsula (approximate latitude 27° 17' 30" North, approximate
longitude 80° 13' 40" West) to a point 600 feet northwesterly of the
northwest tip of Nettles Island, northeasterly of a line 600 feet southwesterly
of and parallel with the general contour of the southwesterly shoreline of
Nettles Island, and northerly and northeasterly of a line which bears North
85° 00' 00" West from a point on the easterly shoreline of the Indian River
(approximate latitude 27° 16' 03" North, approximate longitude 80° 12'
52" West) to a point 600 feet southwesterly of the southwest tip of Nettles
Island; and those waters (including all associated canals and boat basins)
lying within 600 feet of the general contour of the easterly shoreline of the
Indian River southerly of a line which bears North 85° 00' 00" West from a
point on the easterly shoreline of the Indian River (approximate latitude
27° 16' 03" North, approximate longitude 80° 12' 52" West) and
northerly of the St. Lucie County/Martin County line,
10. North Fork St. Lucie River Area: Those
portions of North Fork St. Lucie River described as follows:
a. Those waters within 600 feet of the
general contour of the southwesterly shoreline of said river, northwesterly of
the St. Lucie County/Martin County line, and westerly and southerly of a line
which bears South from the easternmost tip of the peninsula between North Fork
St. Lucie River and Blakeslee Creek (approximate latitude 27° 14' 32"
North, approximate longitude 80° 19' 16" West), including all navigable
waters of Blakeslee Creek, but excluding the waters of Brill and Winters
creeks,
b. Those waters within 600
feet of the general contour of the northeasterly shoreline of said river,
northwesterly of the St. Lucie County/Martin County line, and northerly and
easterly of a line which bears East 600 feet from the southernmost tip of
Greenridge Point (approximate latitude 27° 14' 28" North, approximate
longitude 80° 18' 42" West), including all navigable waters of Howard
Creek,
c. Those waters of Kitching
Cove northwesterly of a line which bears North 60° 00' 00" East from the
easternmost tip of a peninsula on the westerly shore of Kitching Cove
(approximate latitude 27° 14' 44" North, approximate longitude 80° 19'
17" West),
d. Those waters of C-24
Diversion Canal westerly of the centerline of the Florida Turnpike (Sunshine
State Parkway) and easterly of the canal control structure located
approximately 2, 100 feet westerly of said centerline,
e. Those waters within 1, 300 feet downstream
and 1, 800 feet upstream of said river's confluence with C-24 Diversion Canal;
those waters of the C-24 Diversion Canal easterly of the centerline of the
Southbend Boulevard Bridge; and all waters of Mud Cove and Long Creek,
including the canal north of Port St. Lucie Boulevard that connects Long Creek
to said river,
f. Those waters
westerly of approximate longitude 80° 19' 05" West, northerly of
approximate latitude 27° 18' 07" North, southerly of approximate latitude
27° 18' 15" North, and easterly of Coral Reef Street, including the waters
of the creek and canal easterly of Coral Reef Street,
g. Those waters within 1, 000 feet upstream
and 2, 300 feet downstream of said river's confluence with the waterway lying
south of Calmosa Drive, including said waterway and the waterway lying west of
Degan Drive,
h. Those waters
northeasterly of the south end of the cut through located approximately 1, 000
feet northwesterly of the centerline of the Prima Vista Boulevard Bridge and
those waters easterly and northeasterly of the north end of said cut through
located approximately 2, 300 feet northwesterly of said centerline,
i. All other navigable side creeks and canals
not described above or otherwise designated (as depicted on Maps
5-8).
(e) Slow
Speed Zone (November 15 through April 30)/Maximum 30 MPH Speed Zone (Remainder
of Year) -
1. Intracoastal Waterway, Ft.
Pierce Inlet Area: That portion of the main marked channel of the Atlantic
Intracoastal Waterway, and those waters within 100 feet of the eastern and
western boundaries of said channel, southeasterly of the centerline of the
North Beach Causeway Bridge, and northerly of a line which bears North 69°
00' 00" East running through Green Atlantic Intracoastal Waterway Channel
Marker "189" (latitude 27° 26' 39" North, longitude 80° 18' 44" West);
and,
2. Shark Cut, Ft. Pierce Inlet
Area: That portion of Shark Cut (Swash Channel) within the channel to be marked
by local government (said marked channel to generally follow the contours of
the natural channel and not to exceed 250 feet in width), northwesterly of the
northern boundary line of the main marked east-west channel leading out of Ft.
Pierce Inlet and southeasterly of the northeastern boundary of the main marked
channel of the Atlantic Intracoastal Waterway.
(f) Slow Speed Zone (November 15 through
April 15) - Fish House Cove Area: Those waters of Indian River and Fish House
Cove easterly and northeasterly of a line 100 feet easterly of and parallel
with the northeasterly boundary of the main marked channel of the Atlantic
Intracoastal Waterway, southerly of an East-West line running through Green
Atlantic Intracoastal Waterway Channel Marker "173" (latitude 27° 31' 14"
North, longitude 80° 20' 18" West), westerly of the general contour of the
easterly shoreline of the Indian River and Fish House Cove and a line which
bears North 11° 00' 00" West from a point on the westerly side of Garfield
Point (approximate latitude 27° 30' 54" North, approximate longitude
80° 19' 38" West), northerly of the general contour of the southerly
shoreline of Fish House Cove and the northwesterly shoreline of an unnamed
island on the north side of Old Inlet and a line which bears North 45° 00'
00" East from the northernmost tip of said unnamed island (approximate latitude
27° 30' 22" North, approximate longitude 80° 19' 39" West), and
northerly and northwesterly of a line which bears South 71° 00' 00" West
from a point on the southwestern shoreline of last said unnamed island
(approximate latitude 27° 30' 10" North, approximate longitude 80° 19'
43" West), including the waters of the privately maintained channel leading
into Garfield Cut from a line 100 feet northeasterly of and parallel with the
northeasterly boundary of the main marked channel of the Atlantic Intracoastal
Waterway, except as designated for alternative regulation under subparagraph
(2)(c)2.
(g) Maximum 25 MPH Speed
Zone (Year-round) -
1. Coon Island, Jim
Island Area: That portion of the privately maintained channel westerly of Coon
Island and southerly and easterly of Jim Island, northerly and northwesterly of
a line bearing North 67° 00' 00" East from Green Beacon "5" (approximate
latitude 27° 28' 08" North, approximate longitude 80° 18' 28" West) and
southerly and southeasterly of a line bearing East from Green Beacon "11"
(approximate latitude 27° 28' 41" North, approximate longitude 80° 18'
38'' West); and,
2. North Fork St.
Lucie River, North of Port St. Lucie Boulevard Area: Those waters of North Fork
St. Lucie River, Five Mile Creek and Ten Mile Creek lying between the general
contour of the shorelines (excepting associated and navigable tributaries,
oxbows, lakes, creeks, coves, backwaters, canals and boat basins, and those
waters designated for alternative regulation under subparagraph (2)(d)10.),
northerly of approximate latitude 27° 18' 15" North, including those waters
of the cut-through beginning at a point located approximately 1, 000 feet
northeasterly of the centerline of Prima Vista Boulevard and terminating at a
point approximately 2, 300 feet northwesterly of said centerline (as depicted
on Maps 6-8).
(h) Maximum
30 MPH Speed Zone (Year-round) -
1. Blue Hole
Point Area: That portion of the main marked channel of the Atlantic
Intracoastal Waterway and those waters within 100 feet of the eastern and
western boundaries of said channel, southerly of the Indian River County/St.
Lucie County line, and northerly of a line which bears North 77° 00' 00"
East running through Green Atlantic Intracoastal Waterway Channel Marker "171"
(latitude 27° 32' 10" North, longitude 80° 20' 33" West); and,
2. North Fork St. Lucie River,
Greenridge Point to Port St. Lucie Boulevard Area: Those waters of the North
Fork St. Lucie River lying between the general contour of the shorelines of the
river (excepting associated and navigable tributaries, oxbows, lakes, creeks,
coves, backwaters, canals and boat basins, and those waters designated for
alternative regulation under subparagraph (2)(d)10.), northerly of a line which
bears East from the easternmost tip of the peninsula between North Fork St.
Lucie River and Blakeslee Creek (approximate latitude 27° 14' 32" North,
approximate longitude 80° 19' 16" West), and southerly of approximate
latitude 27° 18' 07" North (as depicted on Maps
5-6).
(3) For
the purpose of exempting qualifying commercial fishermen and professional
fishing guides from certain speed zone restrictions, as provided under
subsection 68C-22.003(6),
F.A.C., the following limitations and procedures for exemption application
shall apply:
(a) Exemptions shall be
considered seasonally or year-round in zones, or portions of zones, described
under subparagraphs (2)(d)1. through (2)(d)9. and under paragraph
(2)(f).
(b) A recipient of an
exemption must maintain speeds of 20 MPH or less at all times within the
restricted area and comply with all conditions specified within the notice of
exemption, under the provisions of this rule or subsection
68C-22.003(6),
F.A.C.
(c) Exemptions granted will
not apply on weekends and state-recognized holidays.
(d) Any commercial fisherman or professional
fishing guide fulfilling the requirements set forth under subsection
68C-22.003(6),
F.A.C. shall be considered for an exemption, one of which shall be required for
each vessel so operated, by completing the application form specified.
Applications for exemption in accordance with the provisions of this rule may
be obtained from the Fish and Wildlife Conservation Commission, Division of Law
Enforcement Office, 1300 Marcinski Road, Jupiter, FL 33477 (telephone
(407)624-6935).
(4)
Access to the No Entry and Motorboats Prohibited zones designated in paragraphs
(2)(a) and (2)(b), above, will be allowed as follows:
(a) Research vessels affiliated with the
Harbor Branch Oceanographic Institute will be authorized access to the No Entry
zone designated in paragraph (2)(a), for ingress and egress purposes only, in
accordance with applicable provisions of Rule
68C-22.003, F.A.C.
(b) Operators of sailboats who are leasing
dock space from the public marina within the seasonal Motorboats Prohibited
zone designated in paragraph (2)(b), will be authorized access to said dock
space for ingress and egress purposes only, in accordance with subsection
68C-22.003(5),
F.A.C.
(c) Exemptions for access to
the zones designated in paragraphs (2)(a) and (2)(b), if applied for and
granted, will be issued to the owners of the respective upland facilities, with
guest passes being issued for individual vessels. The owner/operator of the
upland facility shall be responsible for issuing guest passes to operators of
vessels prior to said vessels entering the respective zones and shall be
responsible for informing recipients of guest passes of all applicable
restrictions and requirements. For identification purposes, guest passes must
be prominently displayed on the vessel while the vessel is within the subject
restricted area.
(d) Operators of
vessels within the zones designated in paragraph (2)(a) or (2)(b), are to take
extreme care while operating within the zones so as not to, either
intentionally or negligently, molest, harass, injure, or otherwise harm
manatees. Operators will not be held harmless from any actions on their part
that result in the harassment, injury or death of a manatee while operating
their vessels within these zones.
Rulemaking Authority
370.12(2)(f), (n),
(o) FS. Law Implemented
370.12(2)(f), (4)(n),
(o)
FS.
New 3-19-79, Formerly 16N-22.08, Amended 8-16-94, Formerly
16N-22.008, 62N-22.008.