Current through Reg. 50, No. 187; September 24, 2024
(1)
(a) The Commission hereby designates the
waters within Broward County, as described below, as areas where manatee
sightings are frequent and where the best available information supports the
conclusion that manatees inhabit these areas on a regular or periodic basis.
The primary purpose of this rule is to protect manatees from harmful collisions
with motorboats and from harassment by establishing safe havens and regulating
the speed and operation of motorboats within these designated areas. A
secondary purpose is to protect manatee habitat.
(b) In consideration of balancing the rights
of fishers, boaters, and water skiers to use the waters of the state for
recreational and commercial purposes (as applicable under Section
379.2431(k),
F.S.), with the need to provide manatee protection, the Commission has examined
the need for limited lanes, corridors, or unregulated areas that allow higher
speeds through or within regulated areas. Such lanes, corridors, or areas are
provided in those locations where the Commission determined they are consistent
with manatee protection needs.
(2) The following year-round and seasonal
zones are established, which exclude all associated and navigable tributaries,
lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, and
other waterways unless otherwise designated or specifically described for
inclusion. Coordinates used in the descriptions of zone boundaries are
referenced to the North American Datum of 1983 (NAD83). Access to the NO ENTRY
zones designated hereunder will be provided in accordance with subsection (4),
below, and applicable provisions of Rule
68C-22.003, F.A.C.
(a) No Entry -
1. Port Everglades Power Plant Area - Those
waters of the discharge canal of the Florida Power & Light Company's Port
Everglades Power Plant and associated waterways, south and east of the
discharge points at the plant (westernmost point of canal at approximate
latitude 26° 05' 04" North, approximate longitude 80° 07' 35" West),
and west of a line that bears 196° from a point on the seawall along the
northern shoreline of the discharge canal at the canal's intersection with the
Intracoastal Waterway (approximate latitude 26° 04' 43" North, approximate
longitude 80° 06' 56" West) to a point on the southern shoreline of the
discharge canal (approximate latitude 26° 04' 41" North, approximate
longitude 80° 06' 56" West); and those waters of the tributaries and
associated waters south of the discharge canal; and,
2. Lauderdale Power Plant Area - Those waters
of the cooling ponds and canal system of the Florida Power & Light
Company's Lauderdale Power Plant, south of the southern edge of the State Road
84 Bridge, west of S.W. 29th Avenue and S.W. 30th Avenue, south and east of the
southern and eastern shoreline of South New River Canal (also shown as South
Fork New River on some maps) and north of S.W. 42nd Street and S.W. 43rd
Court.
(b) Idle Speed -
North New River Canal, South New River Canal Area: Those waters of South Fork
New River, North New River Canal and South New River Canal, and associated
waterways, west of the southerly extension of the centerline of S.W. 27th
Avenue, east of the southerly extension of the centerline of S.W. 34th Avenue
and north of a line that bears 295° from a point on the eastern shoreline
of South New River Canal (approximate latitude 26° 04' 50" North,
approximate longitude 80° 11' 11" West) roughly 1300 feet southwest of the
eastbound Interstate 595 Bridge over the South New River Canal (also shown as
South Fork New River on some maps), to include those waters of Florida Power
& Light Company's canal that connects to South Fork New River lying north
of the southern edge of the State Road 84 Bridge.
(c) Idle Speed (November 15 through March
31)/Slow Speed (Remainder of year) -
1. Port
Everglades Power Plant Area - Those waters of the Atlantic Intracoastal
Waterway, shoreline to shoreline, south of a line that bears 90° from an
angle point in the seawall on the western shoreline of the Intracoastal
Waterway (approximate latitude 26° 05' 10" North, approximate longitude
80° 06' 51" West) and north of a line that bears 270° from a point on
the on the eastern shoreline of the Intracoastal Waterway (approximate latitude
26° 04' 16" North, approximate longitude 80° 06' 49" West) roughly 2300
north of where Dania Cut-off Canal intersects the Intracoastal Waterway,
including all waters of Whiskey Creek northwest of the centerline of the
northernmost Ocean Drive Bridge; and,
2. South New River Canal, Dania Cut-off Canal
Area - All waters of South New River Canal and Dania Cut-off Canal, including
associated waterways, south of a line that bears 90° from a point on the
western shoreline of South New River Canal (approximate latitude 26° 04'
16" North, approximate longitude 80° 12' 04" West) roughly 1, 300 north of
where Dania Cut-off Canal intersects South New River Canal, east of a line that
bears 344° from the northernmost point of the eastern seawall of the
residential canal west of S.W. 42nd Terrace (approximate latitude 26° 04'
02" North, approximate longitude 80° 12' 12" West), and west of the
northerly extension of the centerline of S.W. 33rd Avenue.
(d) Slow Speed -
1. Hillsboro Canal and Deerfield Island Park
Area - Those waters within 50 feet of the general contour of the southern and
southwestern shoreline of Hillsboro Canal, north of the westerly extension of
the general contour of the northern shoreline of Deerfield Island Park (Capone
Island), and east of the western side of the Military Trail Bridge; all waters
of Hillsboro Canal and associated waterways, shoreline to shoreline, south of
the westerly extension of the general contour of the northern shoreline of
Deerfield Island Park (Capone Island), and west of the general contour of the
western shoreline of the Intracoastal Waterway; and all waters of the Atlantic
Intracoastal Waterway and associated waterways, shoreline to shoreline, south
of a line that bears North 89° from the southernmost tip of Deerfield
Island Park (latitude 26° 18' 57" North, longitude 80° 04' 55" West),
and north of a line drawn perpendicular to the centerline of the waterway 525
feet south of the centerline of the Hillsboro Boulevard (State Road 810)
Bridge,
2. Hillsboro Inlet Area -
Those waters of the Atlantic Intracoastal Waterway, shoreline to shoreline,
south of a line drawn perpendicular to the centerline of the waterway running
through Red Atlantic Intracoastal Waterway Channel Marker "68A" (approximate
latitude 26° 16' 33" North, approximate longitude 80° 04' 52" West),
and north of a line drawn perpendicular to the centerline of the waterway 1,
850 feet south of the centerline of the N.E. 14th Street Bridge, to include
those waters of Hillsboro Bay and Hillsboro Inlet northwest of a line drawn
perpendicular to the centerline of the inlet channel 150 feet northwest of the
seaward extremity of the southwestern Hillsboro Inlet jetty,
3. Cypress Creek and Pompano Canal - Those
waters of Cypress Creek west of the centerline of the US Highway 1 Bridge, and
east of the salinity control structure located approximately 300 feet east of
the Dixie Highway (State Road 811) Bridge; and those waters of Pompano Canal
north of Cypress Creek and southeast of the centerline of the South Cypress
Road Bridge,
4. Middle River Area -
Those waters of South Fork Middle River west of the centerline of the US
Highway 1 Bridge, and east of the centerline of the N.W. 31st Avenue Bridge;
and those waters of North Fork Middle River west of the centerline of the US
Highway 1 Bridge, south of the centerline of the Oakland Park Boulevard (State
Road 816) Bridge, and east of the river's intersection with South Fork Middle
River, near Interstate I-95,
5.
Port Everglades Area - Those waters of New River, Stranahan River (including
the canals and associated waterways west of the Intracoastal Waterway, east of
Cordova Road, and north of S.E. 17th Street), Port Everglades Turning Basin,
Lake Mable, and the Atlantic Intracoastal Waterway, east of the northerly
extension of Cordova Road, south and west of a line that bears 310° from
the westernmost angle point of the seawall at Burnham Point (approximate
latitude 26° 06' 38" North, approximate longitude 80° 06' 32" West),
south and west of a line that bears approximately 300° from the
northwesternmost corner of the seawall of the U.S. Naval Reservation on the
south side of the Port Everglades entrance channel (approximate latitude
26° 05' 33" North, approximate longitude 80° 06' 41" West) to the
southwesternmost corner of the seawall of Harbor Heights Development
(approximate latitude 26° 05' 42" North, approximate longitude 80° 06'
58" West), and north of a line that bears 90° from an angle point in the
seawall on the western shoreline of the Intracoastal Waterway (approximate
latitude 26° 05' 10" North, approximate longitude 80° 06' 51" West) to
include the waters of the three boat slips on the western side of Port
Everglades Turning Basin; waters specifically excluded from this zone are those
waters of Sylvan Lake and the canals and other associated waterways of Harbor
Beach Development, with the zone boundary being a line drawn from point to
point along the western ends of the seawalls forming the general contour of the
eastern shoreline of Stranahan River (western limits of Harbor Beach
Development) and the general contour of the southern shoreline of New River
(northern limits of Harbor Beach Development),
6. Atlantic Intracoastal Waterway, Dania
Cut-off Canal Area to South of Dania Beach Boulevard - Those waters of the
Atlantic Intracoastal Waterway, shoreline to shoreline, south of a line that
bears 270° from a point on the eastern shoreline of the Intracoastal
Waterway (approximate latitude 26° 04' 16" North, approximate longitude
80° 06' 49" West) roughly 2, 300 north of where Dania Cut-off Canal
intersects the Intracoastal Waterway, and north of a line that bears 90°
from the southernmost tip of a peninsula on the western side of the
Intracoastal Waterway (approximate latitude 26° 02' 55" North, approximate
longitude 80° 06' 58" West) roughly 1, 600 feet south of the Dania Beach
Boulevard Bridge; and all waters west of the western boundary of the main
marked channel of the Intracoastal Waterway in the vicinity of the
aforementioned peninsula, south of the northern shoreline of the bay to the
west of the aforementioned peninsula, and north of a line roughly 1, 940 feet
south of the Dania Beach Boulevard Bridge that bears 90° from a point on
the western shoreline (approximate latitude 26° 02' 52" North, approximate
longitude 80° 07' 03" West),
7.
Whiskey Creek Area - Those waters of Whiskey Creek, southeast of the centerline
of the northernmost Ocean Drive Bridge, and east of the eastern shoreline of
the Intracoastal Waterway,
8. New
River Area - Those waters of New River, Tarpon River, North Fork New River and
South Fork New River, west of the northerly extension of Cordova Road, east of
the salinity control structure in North Fork New River located approximately
600 feet west of N.W. 34th Avenue, and east of the southerly extension of the
centerline of S.W. 27th Avenue across South Fork New River, to include the
waters of Marina Bay (located just to the west of Interstate 95),
9. North New River Canal Area - Those waters
of North New River Canal, west of the southerly extension of the centerline of
S.W. 34th Avenue, and east of the salinity control structures located
approximately 1, 000 feet north of and approximately 1, 400 feet east of the
intersection of East Holloway Canal and North New River Canal, including all
waters of the canal system of the Plantation Isles Development south of Peters
Road and west of S.W. 53rd Avenue and S.W. 54th Avenue,
10. South New River Canal Area - Those waters
of South New River Canal, south of South Fork New River, and east of the S.W.
100th Avenue Bridge, except as otherwise designated for alternative
regulation,
11. Dania Cut-off Canal
Area - Those waters of Dania Cut-off Canal west of the western shoreline of the
Intracoastal Waterway, and east of the northerly extension of the centerline of
S.W. 33rd Avenue, including all waters of that portion of Whiskey Creek and
associated waterways west of the western shoreline of the Intracoastal Waterway
and south of the southern shoreline of Dania Cut-off Canal; and,
12. C-10 Canal - Those waters of C-10 Canal,
south of the southern shoreline of Dania Cut-off Canal, and north of the
centerline of the Hollywood Boulevard (State Road 820)
Bridge.
(e) Slow Speed
(Weekends and Holidays, November 15 through March 31) - This zone applies on
weekends and those holidays identified in Section
110.117, F.S., that occur during
this period (from 7:00 a.m. to 7:00 p.m.) for the following described waters:
Those waters of the Atlantic Intracoastal Waterway, shoreline to shoreline,
south of a line drawn perpendicular to the centerline of the waterway 500 feet
south of the centerline of the Atlantic Boulevard Bridge, and north of a line
that bears 310° from the westernmost angle point of the seawall at Burnham
Point (approximate latitude 26° 06' 38" North, approximate longitude
80° 06' 32" West), including all boat basins and associated waterways south
of East Las Olas Boulevard; and all waters of Lake Santa Barbara and associated
waterways west of the Intracoastal Waterway and east of the centerline of the
US Highway 1 Bridge over Cypress Creek.
(f) Slow Speed (November 15 through March 31)
-
1. Palm Beach County line to Channel Marker
"68A": Those waters of the Atlantic Intracostal Waterway, shoreline to
shoreline, south of the Palm Beach County line and north of a line drawn
perpendicular to the centerline of the waterway running through Red Atlantic
Intracoastal Waterway Channel Marker "68A" (approximate latitude 26° 16'
33" North, approximate longitude 80° 04' 52" West), except as otherwise
designated for more restrictive regulation; and,
2. Atlantic Boulevard Area: Those waters of
the Atlantic Intracostal Waterway, shoreline to shoreline, south of a line
drawn perpendicular to the centerline of the waterway 1, 850 feet south of the
centerline of the N.E. 14th Street Bridge, and north of a line drawn
perpendicular to the centerline of the waterway 500 feet south of the
centerline of the Atlantic Boulevard Bridge.
(g) Maximum 25 MPH/Slow Speed Buffer - This
zone includes a Slow Speed designation for all waters within 50 feet of the
shorelines, and a maximum 25 MPH speed limit designation for all waters outside
the 50-foot shoreline buffer (and including portions of the Atlantic
Intracoastal Waterway channel where it is marked), within the following areas:
All waters of the Atlantic Intracoastal Waterway when not otherwise designated
for more restrictive regulation south of the Palm Beach County-Broward County
line, and north of the Broward County-Miami-Dade County line, including all
waters of Lake Santa Barbara and associated waterways west of the Intracoastal
Waterway and east of the centerline of the U.S. Highway 1 Bridge over Cypress
Creek.
(3) The following
provisions pertain to issuance of permits for the purpose of powerboat racing
within the Atlantic Intracoastal Waterway. The following conditions,
limitations, and procedures shall apply:
(a)
Procedures related to the application for, as well as review and issuance of,
these permits shall be as set forth in Rule
68C-22.003, F.A.C.
(b) Permits shall be limited as follows:
1. Permits shall be considered only for
racing events to be held within the area between the southern end of the fender
system of the East Las Olas Bridge and a line that bears 310° from the
westernmost angle point of the seawall at Burnham Point (approximate latitude
26° 06' 38" North, approximate longitude 80° 06' 32" West),
2. Permits shall be considered only for
racing events to be held between April 1 and October 31; and,
3. Permits shall be considered only for
racing events to be held during daylight hours.
(4) Access to the discharge canal adjacent to
the Florida Power and Light Port Everglades Power Plant as designated as a No
Entry Zone under subparagraph (2)(a)1., above, shall be permitted for
enforcement, emergency, and repair vessels and for other vessels for
engineering or research purposes in association with operations of the Port
Authority or the Commission. No permit or letter of authorization from the
Commission is needed for these parties.
(5) Maps depicting the zones described in
this rule are available on the agency's website at
http://myfwc.com. The maps are intended
only as visual aids and do not have regulatory effect; therefore, in the event
of conflict between the maps and the descriptions of the zones provided by this
rule, the rule text shall prevail.
Rulemaking Authority
370.12(2) FS.
Law Implemented 370.12(2)
FS.
New 3-19-79, Formerly 16N-22.10, Amended 12-5-89, 6-16-93,
Formerly 16N-22.010, Amended 12-18-94, 6-25-96, Formerly 62N-22.010, Amended
11-14-11.