Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68C - Manatees
Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT
Section 68C-22.012 - Volusia County and Associated County (Parts of Putnam, Lake and Seminole) Zones
Universal Citation: FL Admin Code R 68C-22.012
Current through Reg. 50, No. 187; September 24, 2024
(1) The Commission designates those portions of the St. Johns River basin and the Halifax/Indian River and Tomoka River basin within Volusia and adjacent counties, as described below, as areas where manatees are frequently sighted. The Commission has further determined that they are assumed to inhabit these waters periodically or continuously. This rule is for the purpose of regulating the speed and operation of motorboats in these designated areas in Volusia County as well as in counties adjacent to Volusia County in portions of the St. Johns River basin. In addition to Volusia County, waters within the following counties are regulated within the provisions of this rule: Putnam, Lake, and Seminole. In balancing the rights of fishermen, boaters, and waterskiers to use these waterways for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.) with the need to provide manatee protection, the Commission has examined the need for higher speed travel corridors through regulated areas. Such corridors are provided in those areas where the Commission determined, on the basis of all available information, (1) there is a need for the corridor and (2) the corridor will not result in serious threats to manatees or their habitat (as defined in Rule 68C-22.001, F.A.C.). Higher speed corridors are not provided in areas where both of the above findings were not made.
(2) For the purpose of regulating the speed and operation of motorboats in order to protect manatees within portions of the St. Johns River Basin, year-round and seasonal zones are established as follows:
(a) Slow Speed Zone
(Year-round) - The following described zones shall include all navigable waters
and all associated and navigable tributaries, lakes, creeks, coves, bends,
backwaters, canals, mosquito ditches, and boat basins, unless otherwise
designated or excluded:
1. Lake George Area:
All waters within 750 feet of the general contour of the westerly shoreline of
Lake George and the St. Johns River southerly of a line bearing North 90°
00' 00" East (True) running through Flashing Red Channel Marker "68" (latitude
29° 23' 32" North, longitude 81° 39' 27" West) near Black Point and
northerly of a line bearing South 20° 00' 00" East (True) running through
the southernmost point of Rocky Point (approximate latitude 29° 20' 13"
North, approximate longitude 81° 39' 30" West); and, all waters within 1,
500 feet of the general contour of the westerly shoreline of Lake George
southwesterly of a line bearing South 20° 00' 00" East (True) running
through the southernmost point of Rocky Point and westerly of the main marked
channel at the confluence of the St. Johns River at the southerly end of Lake
George, and northerly of a line bearing North 70° 00' 00" East (True) which
lies 830 feet North 20° 00' 00" West (True) of Flashing Red Channel Marker
"18" (latitude 29° 12' 05" North, longitude 81° 34' 20" West),
excepting Salt Springs Creek; and that part of Lake George lying northeasterly
of a line 600 feet southwesterly of and parallel with the centerline of the
main marked channel at the southerly end of Lake George, southerly of a line
which bears North 90° 00' 00" East (True) running through the north end of
the jetty, westerly of a line which bears North 45° 00' 00" West (True)
running from the shoreline at the northern tip of Zinder Point (approximate
latitude 29° 12' 14" North, approximate longitude 81° 34' 10" West) and
northerly of a line bearing North 70° 00' 00" East (True) which lies 830
feet North 20° 00' 00" West (True) of Flashing Red Channel Marker 18
(latitude 29° 12' 05" North, longitude 81° 24' 20" West);
2. St. Johns River from Lake George to Lake
Dexter: Waters southerly of a line bearing North 70° 00' 00" East (True)
which lies 830 feet North 20° 00' 00" West (True) of Flashing Red Channel
Marker "18" (latitude 29° 12' 05" North, longitude 81° 34' 20" West)
and northerly of a line which bears North 90° 00' 00" East (True) running
through Flashing Red Channel Marker "8" (latitude 29° 07' 24" North,
longitude 81° 30' 19" West), as follows:
a. Within 50 feet of the general contour of
the shoreline of the St. Johns River proper; and,
b. Within all tributaries, lakes, creeks,
backwaters, coves, canals, and boat basins associated with the afore-described
portion of the St. Johns River, including Blue Creek, Cross Creek, Hitchens
Creek, Payne Creek, Axle Creek, and Morrison Creek;
3. West end of Lake Dexter: All waters
outside the main marked channel of the Florida Intracoastal Waterway within
that portion of Lake Dexter southerly of a line which bears North 90° 00'
00" East (True) running through Flashing Red Channel Marker "8" (latitude
29° 07' 24" North, longitude 81° 30' 19" West), and westerly of a line
which bears North 00° 00' 00" East (True) running from the shoreline of
Dexter Point through the shoreline of the northernmost point of the west end of
Dexter Island (approximate latitude 29° 06' 06" North, approximate
longitude 81° 29' 56" West), inclusive of waters northerly of a line which
bears North 90° 00' 00" East (True) running through the shoreline of the
northernmost point of Dexter Island (approximate latitude 29° 06' 06"
North, approximate longitude 81° 29' 56" West),
4. Lake Dexter Area: All waters within 1500
feet of the general contour of the shoreline of Lake Dexter easterly of a line
which bears North 00° 00' 00" East (True) running from the shoreline of
Dexter Point through the general contour of the shoreline of the northernmost
point of the west end of Dexter Island (approximate latitude 29° 06' 06"
North, approximate longitude 81° 29' 56" West), and westerly of a line
which bears North 00° 00' 00" East (True) running through the westernmost
tip of the shoreline of the large unnamed island at the eastern end of the lake
(approximate latitude 29° 06' 40" North, approximate longitude 81° 27'
43" West),
5. Lake Dexter/Tick
Island Area: All waters within the general contour of the shoreline of those
portions of Lake Dexter and Tick Island Creek easterly of a line which bears
North 00° 00' 00" East (True) running through the westernmost tip of the
shoreline of the large unnamed island at the eastern end of Lake Dexter
(approximate latitude 29° 06' 40" North, approximate longitude 81° 27'
43" West) and westerly of a line which bears North 55° 00' 00" East (True)
running from the shoreline of Tick Island to the shoreline of the westernmost
point of the south bank of Cypress Branch (approximate latitude 29° 06' 54"
North, approximate longitude 81° 25' 54" West), except as described under
subparagraph (2)(a)6., below,
6.
Eph Creek, Tick Island Mud Lake, Harry's Creek Area: All waters of Eph Creek,
Cross Creek, Tick Island Mud Lake, Taylor Creek, Harry's Creek and Honey Creek
southerly of the confluence of Lake Dexter with Eph Creek, easterly of the
confluence of the St. Johns River with Cross Creek, westerly of the confluence
of Lake Woodruff with Harry's Creek, and northeasterly of the confluence of
Honey Creek with the St. Johns River,
7. Lake Woodruff Area: All waters within 1,
500 feet of the general contour of the shoreline of Lake Woodruff southerly of
a line which bears North 55° 00' 00" East (True) running from the general
contour of the shoreline of Tick Island to the general contour of the shoreline
of the westernmost point of the south bank of Cypress Branch (approximate
latitude 29° 06' 54" North, approximate longitude 81° 25' 54" West),
excepting Spring Garden Creek,
8.
Scoggin Creek Area: All waters of Scoggin Creek southerly of the confluence of
Lake Woodruff with Scoggin Creek; including the canal southwesterly of the
southwesterly shore of Lake Woodruff, easterly of Harry's Creek, and westerly
of Norris Dead River,
9. Norris
Dead River, Zeigler Dead River, Highland Park Canal Area: All waters of Norris
Dead River and Scoggin Lake southerly of Lake Woodruff, all waters of Zeigler
Dead River, all waters of Highland Park Canal, all waters of Blue Peter Lake,
and Daisy Lake, and all other associated waters south of Lake Woodruff and east
of the St. Johns River,
10. Spring
Garden Creek Area: All waters within Spring Garden Creek northeasterly of a
line which bears North 55° 00' 00" West (True) running through the
shoreline from the tip of a point of land on the southerly bank of Spring
Garden Creek (approximate latitude 29° 06' 47" North, approximate longitude
81° 24' 10" West) and southerly of a line which bears North 50° 00' 00"
East (True), running through the northerly tip of an unnamed island
(approximate latitude 29° 07' 03" North, approximate longitude 81° 24'
10" West),
11. St. Johns River -
Lake Dexter to Honey Creek Area: Waters southerly of a line which bears North
90° 00' 00" East (True) running through the shoreline of the northernmost
point of the west end of Dexter Island (approximate latitude 29° 06' 00"
North, approximate longitude 81° 29' 56" West) and northerly of a line
running between Flashing Red Channel Marker "32" (latitude 29° 01' 59"
North, longitude 81° 24' 14" West) and Green Channel Marker "31, " as
follows:
a. Within 50 feet of the general
contour of the shoreline of the St. Johns River proper; and,
b. Within all tributaries, lakes, and creeks
associated with the above-described portion of the St. Johns River, including
Stagger Mud Lake, Stagger Creek, Alexander Spring Creek, Kimball Lake, Lee
Lake, Adams Lake, Get Out Creek, Twin Lakes, Horseshoe Mud Lake, the St.
Francis Dead River, and Honey Creek;
12. St. Johns River-Honey Creek to Beresford
Peninsula Canal Area: Waters of the St. Johns River southerly of a line running
between Flashing Red Channel Marker "32" (latitude 29° 01' 59" North,
longitude 81° 24' 14" West) and Green Channel Marker "31" and northerly of
a line which bears North 45° 00' 00" West (True) from the shoreline of the
westernmost tip of the northeasterly bank of the unnamed finger canal of the
Beresford Peninsula (approximate latitude 28° 58' 40" North, approximate
longitude 81° 21' 33" West) to the shoreline of the western bank of the St.
Johns River, as follows:
a. Within 50 feet of
the general contour of the shoreline of the St. Johns River proper;
and,
b. Within all tributaries,
lakes, and creeks associated with the above-described portion of the St. Johns
River, including Mud Lake, Shell Creek, and Dean Dead
River;
13. St. Johns
River-Beresford Peninsula Canal to Lake Beresford Area: All waters of the St.
Johns River southerly of a line which bears North 45° 00' 00" West (True)
from the shoreline of the westernmost tip of the northeasterly bank of the
unnamed finger canal of the Beresford Peninsula (approximate latitude 28°
58' 40" North, approximate longitude 81° 21' 33" West) to the shoreline of
the western bank of the St. Johns River and westerly of a line which bears
North 90° 00' 00" East (True) running through Flashing Red Channel Marker
"60" (latitude 28° 58' 42" North, longitude 81° 21' 00"
West),
14. Hontoon Dead River Area:
All waters of the Hontoon Dead River lying southerly and southwesterly of
longitude 81° 21' 41" West at the St. Johns River near the Beresford
Peninsula, including navigable portions of Snake Creek and the unnamed canals
connecting Hontoon Dead River with the St. Johns River and their associated
waters;
15. Lake Beresford Area:
Waters of Lake Beresford as follows:
a. All
waters lying northerly of latitude 29° 00' 04" North,
b. All waters within 300 feet of the general
contour of the easterly and westerly shorelines of Lake Beresford southerly of
latitude 29° 00' 04" North, and northerly of a line which bears North
90° 00' 00" East (True), running through the "snag" near the western shore
of Lake Beresford (approximate latitude 28° 58' 48" North, approximate
longitude 81° 20' 56" West); and,
c. All waters within 1, 000 feet of the
general contour of the westerly, southerly, and easterly shorelines lying
southerly of a line which bears North 90° 00' 00" East (True) running
through the "snag" near the western shore of Lake Beresford (approximate
latitude 28° 58' 48" North, approximate longitude 81° 20' 56"
West);
16. St. Johns
River-Lake Beresford to Lake Monroe Area: Waters southerly of a line which
bears North 90° 00' 00" East (True) running through Flashing Green Channel
Marker "63" (latitude 28° 58' 26" North, longitude 81° 20' 47" West)
and northerly of the end of the fender system on the easterly side of the
Interstate Highway 4 Bridge at the west end of Lake Monroe as follows, except
as otherwise designated for seasonal or year-round regulation in paragraphs
(2)(b), (c), (d) and (f):
a. All waters
outside the main marked channel of the St. Johns River,
b. Those waters of the St. Johns River, from
shoreline to shoreline including the marked channel, southerly of a line
bearing North 90° 00' 00" East (True) running through Flashing Green
Channel Marker "67" (latitude 28° 57' 30" North, longitude 81° 21' 01"
West) and northerly of a line bearing North 90° 00' 00" East (True) running
through Flashing Green Channel Marker "69" (latitude 28° 56' 55" North,
longitude 81° 20' 46" West), and those waters from shoreline to shoreline
including the marked channel southerly of a line bearing South 25° 00' 00"
East (True) running through Green Channel Marker "75" (latitude 28° 56' 16"
North, longitude 81° 20' 49" West) and northerly of a line bearing North
90° 00' 00" East (True) running through Flashing Green Channel Marker "81"
(latitude 28° 55' 22" North, longitude 81° 21' 08" West);
and,
c. All tributaries, creeks,
lakes, bends, coves, canals, boat basins, discharge canals, and backwaters
associated with the above-described portions of the St. Johns River, including
Beresford Bend, Dutchmans Bend, Florida Bend, Volusia Cove, Coxetter's Bend,
Emanual Bend, Guyan Cove, The Big Whirl, July Slough, Butcher's Bend, Butcher's
Pen Slough, and Alexander Slough; and,
d. Those waters of the Wekiva River south of
its confluence with the St. Johns River and north of a due East line running
from the easternmost point of land (approximate latitude 28° 52' 19" North,
approximate longitude 81° 22' 13" West) on the westerly shoreline of said
Wekiva River at the south side of an inlet finger leading to the south end of
Chub Slough.
17. Lake
Monroe Area: All waters approximately within 3000 feet of the general contour
of the westerly and northerly shoreline of Lake Monroe, east of the end of the
fender system on the easterly side of the Interstate Highway 4 Bridge,
northerly of the northern boundary of the marked channel of the Florida
Intracoastal Waterway (or as posted, with all waters to include those generally
northwest of a line drawn from Red Channel Marker "4" to Green Channel Marker
"13"), and northwesterly of a line which bears South 50° 00' 00" West
(True) from the westernmost point of Stone Island, (approximate latitude
28° 51' 12" North and approximate longitude 81° 14' 45" West) inclusive
of all waters of Bethel Creek Cove, and excluding the marked channel running
southerly and west of the City of Enterprise.
(b) Slow Speed Zone (Seasonal - October 15
through April 15): St. Johns River, Lake Beresford to Channel Marker "67" Area:
All waters of the St. Johns River, inclusive of all marked channels and all
associated waters unless otherwise designated or excluded, southerly of a line
which bears North 90° 00' 00" East (True) running through Flashing Green
Channel Marker "63" (latitude 28° 58' 26" North, longitude 81° 20' 47"
West) and northerly of a line which bears North 90° 00' 00" East (True)
running through Flashing Green Channel Marker "67" (latitude 28° 57' 30"
North, longitude 81° 21' 01" West).
(c) Idle Speed Zone (Year-round): St. Johns
River/Blue Spring Area: All waters of the St. Johns River southerly of a line
which bears North 90° 00' 00" East (True) running through Flashing Green
Channel Marker "69" (latitude 28° 56' 55" North, longitude 81° 20' 46"
West) and northerly of a line which bears South 25° 00' 00" East (True)
running through Green Channel Marker "75" (latitude 28° 56' 16" North,
longitude 81° 20' 49" West), including Blue Spring Run and all other
associated waters except as otherwise designated under paragraph (2)(d),
hereunder.
(d) Motorboats
Prohibited Zone (Seasonal - October 15 through April 15) - All waters of Blue
Spring Run from its confluence with the St. Johns River to and including the
Spring's headwaters.
(e) Maximum 30
MPH/25 MPH Nighttime Zone (Year-round) - Waters of the St. Johns River and
associated lakes, as follows:
1. Lake George
to Lake Dexter Area: All waters of the St. Johns River to within 50 feet of the
general contour of the shoreline, and including the main marked channel,
southerly of a line bearing North 70° 00' 00" East (True) which lies 830
feet North 20° 00' 00" West (True) of Flashing Red Channel Marker "18"
(latitude 29° 12' 05" North, longitude 81° 34' 20" West) and northerly
of a line which bears North 90° 00' 00" East (True) running through
Flashing Red Channel Marker "8" (latitude 29° 07' 24" North, longitude
81° 30' 19" West),
2. Lake
Dexter: All waters of Lake Dexter, except as otherwise designated under
subparagraph (2)(a)4., above,
3.
Lake Woodruff: All waters of Lake Woodruff, except as otherwise designated
under subparagraph (2)(a)7., above,
4. Lake Dexter to Honey Creek Area: All
waters of the St. Johns River to within 50 feet of the general contour of the
shoreline, including the main marked channel, southerly of a line which bears
North 90° 00' 00" East (True) running through the shoreline of the
northernmost point of Dexter Island (approximate longitude 29° 06' 00"
North, approximate latitude 81° 29' 56" West) and northerly of a line
running between Flashing Red Channel Marker "32" (latitude 29° 01' 59"
North, longitude 81° 24' 14" West) and Green Channel Marker "31";
and,
5. Lake Beresford: All waters
of Lake Beresford, except as otherwise designated under subparagraph (2)(a)15.,
above.
(f) Maximum 25 MPH
Zone (Year-round) - Waters of the St. Johns River and associated lakes, as
follows:
1. Honey Creek to Beresford Peninsula
Canal Area: All waters of the St. Johns River to within 50 feet of the general
contour of the shoreline, including the main marked channel, southerly of a
line running between Flashing Red Channel Marker "32" (latitude 29° 01' 59"
North, longitude 81° 24' 14" West) and Green Channel Marker "31" and
northerly of a line which bears North 45° 00' 00" West (True) from the
shoreline of the westernmost tip of the northeasterly bank of the unnamed
finger canal of the Beresford Peninsula (approximate latitude 28° 58' 40"
North, approximate longitude 81° 21' 33" West); and,
2. Lake Beresford to Lake Monroe Area: All
waters of the main marked channel of the Florida Intracoastal Waterway, except
as otherwise designated for seasonal or year-round regulation under paragraphs
(2)(a), (b), (c), and (d), above, southerly of a line which bears North 90°
00' 00" East (True) running through Flashing Green Channel Marker "63"
(latitude 28° 58' 26" North, longitude 81° 20' 47" West) and
northerly/northwesterly of the end of the fender system on the easterly side of
the Interstate Highway 4 Bridge at the west end of Lake
Monroe.
(3) For the purpose of regulating the speed and operation of motorboats within portions of the Halifax River, Indian River basin and Tomoka River zones are established as follows:
(a) Slow Speed Zone (Year-round)
- The following described zones shall include all navigable waters and all
associated and navigable tributaries, lakes, creeks, coves, bends, backwaters,
canals, mosquito ditches, and boat basins, unless otherwise designated or
excluded:
1. Halifax River, Halifax Creek and
Smith Creek Area: All waters of Smith Creek, Halifax Creek, and the Halifax
River, excluding the main marked channel of the Atlantic Intracoastal Waterway
(designated for regulation under subparagraph (3)(d)1., below), southerly of
the Flagler County/Volusia County line, northerly of a line which bears North
72° 00' 00" East (True) running through Green Intracoastal Waterway Channel
Marker "9" (latitude 29° 19' 54" North, longitude 81° 04' 06" West) and
easterly of the general contour of the easterly shoreline of the islands lying
westerly of the Intracoastal Waterway Channel between the general contour of
the shoreline of the southernmost tip of a peninsula (approximate latitude
29° 22' 28" North, approximate longitude 81° 05' 12" West) and a point
which lies 600 feet South 72° 00' 00" West (True) from the aforementioned
Green Intracoastal Waterway Channel Marker "9";
2. Area westerly of Smith Creek: All waters
within the backwater area lying westerly of a line which bears approximately
South 15° 00' 00" East (True) from the general contour of the shoreline at
the southeastern tip of an island (approximate latitude 29° 25' 32" North,
approximate longitude 81° 06' 29" West) to the general contour of the
shoreline of the westerly bank of Smith Creek, near Green Intracoastal Waterway
Channel Marker "23" and southerly of the Flagler County/Volusia county
line;
3. Bulow Creek Area: All
waters of Bulow Creek within Volusia County westerly of the westerly bank of
Halifax Creek, with its boundary for this purpose being a line bearing
approximately South 35° 00' 00" East (True) running through Red
Intracoastal Waterway Channel Marker "24" (latitude 29° 24' 45" North,
longitude 81° 06' 17" West);
4.
Tomoka Basin and Halifax River Area: All waters within 300 feet of the general
contour of the shoreline of Tomoka Basin, northerly of a line which bears
approximately North 90° 00' 00" East (True) running from the shoreline of a
peninsula on the westerly bank of the mouth of Tomoka River (approximate
latitude 29° 20' 50" North, approximate longitude 81° 05' 19" West) to
the shoreline of the easterly bank of the Tomoka River at the northernmost tip
of a peninsula (approximate latitude 29° 20' 50" North, approximate
longitude 81° 05' 17" West) and that part of Tomoka Basin and Halifax River
westerly of the easterly shoreline of the islands lying westerly of the
Intracoastal Waterway Channel between the shoreline of the southernmost tip of
a peninsula (approximate latitude 29° 22' 28" North, approximate longitude
81° 05' 12" West) and a point which lies 600 feet South 72° 00' 00"
West (True) from Green Intracoastal Waterway Channel Marker "9" (latitude
29° 19' 54" North, longitude 81° 04' 06" West) and southerly of Green
Intracoastal Waterway Channel Marker "9" and northerly of a line which is 600
feet northerly of and parallel with the centerline of Seabreeze Bridge (State
Road 430);
5. Tomoka River,
Strickland, Thompson, and Dodson creeks Area: All waters of Strickland,
Thompson, and Dodson creeks; and all waters of Tomoka River, southerly of a
line which bears North 65° 00' 00'' East (True) running through a point on
the shoreline of the east bank of the Tomoka River northerly of its confluence
with Strickland Creek (approximate latitude 29° 20' 19" North, approximate
longitude 81° 05' 09" West) and northeasterly of latitude 29° 19' 00"
North;
6. Tomoka River/Alligator
Island Area: All waters of Tomoka River, southerly of a line 100 feet
northwesterly of and parallel with a line bearing North 49° 00' 00" East
running through the northwesternmost point of Alligator Island (approximate
latitude 29° 17' 10" North, approximate longitude 81° 06' 14" West),
and northerly of a line 100 feet southwesterly of and parallel with a line
bearing South 65° 00' 00" East running through the southwesternmost point
of Alligator Island (approximate latitude 29° 16' 36" North, approximate
longitude 81° 06' 21" West);
7.
Halifax River/Daytona Beach Area: All waters of the Halifax River, inclusive of
the main marked channel of the Atlantic Intracoastal Waterway and any other
marked channels, southerly of a line which is 600 feet northerly of and
parallel with the centerline of Seabreeze Bridge (State Road 430) and northerly
of a line which bears North 60° 00' 00" East (True) running through Red
Intracoastal Waterway Channel Marker "40" (latitude 29° 12' 06" North,
longitude 81° 00' 21" West), except as otherwise described in subparagraph
(3)(e)1., hereunder;
8. Halifax
River/Daytona Beach and Port Orange Area: All waters within 300 feet of the
general contour of the shoreline of the Halifax River, southerly of a line
which bears North 60° 00' 00" East (True) running through Red Intracoastal
Waterway Channel Marker "40" (latitude 29° 12' 06" North, longitude 81°
00' 21" West), northerly of a line which bears North 68° 00' 00" East
(True) running through Green Intracoastal Waterway Channel Marker "57"
(latitude 29° 08' 32" North, longitude 80° 58' 17" West) between the
shoreline of Halifax Estates on the east and the shoreline of an unnamed island
on the west, and northerly of a line which bears North 70° 00' 00" East
(True) from a point on the westerly bank of Halifax River (approximate latitude
29° 07' 43" North, approximate longitude 80° 58' 41" West) to the
shoreline of an unnamed island (approximate latitude 29° 07' 53" North,
approximate longitude 80° 58' 12" West), except as otherwise described in
subparagraph (3)(e)2., hereunder;
9. Halifax River/Port Orange and Live Oak
Point Area: All waters of the Halifax River outside the main marked channel of
the Atlantic Intracoastal Waterway southerly of a line which bears North
68° 00' 00" East (True) running through Green Intracoastal Waterway Channel
Marker "57" (latitude 29° 08' 32" North, longitude 80° 58' 17" West),
and northerly of a line bearing North 50° 00' 00" East (True) running
through Red Intracoastal Waterway Channel Marker "8" (latitude 29° 04' 07"
North, longitude 80° 56' 25" West);
10. Halifax River/Wilbur Bay area: All waters
of Halifax River and Wilbur Bay easterly of the westerly shoreline of various
islands lying northerly of a line which bears North 90° 00' 00" East (True)
running through Flashing Green Intracoastal Waterway Channel Marker "67"
(latitude 29° 06' 48" North, longitude 80° 57' 20" West) and southerly
of a line which bears North 68° 00' 00" East (True) running through Green
Intracoastal Waterway Channel Marker "57" (latitude 29° 08' 32" North,
longitude 80° 58' 17" West);
11. Halifax River/Fozzard Creek Area: All
waters of the Halifax River, and all waters of Fozzard Creek, Mill Creek, and
Tenmile Creek, westerly of the easterly shoreline of the islands lying westerly
of the main marked channel of the Atlantic Intracoastal Waterway, southerly of
a line which bears North 70° 00' 00" East (True) from a point on the
westerly bank of Halifax River (approximate latitude 29° 07' 43" North,
approximate longitude 80° 58' 41" West) to the shoreline of an unnamed
island (approximate latitude 29° 07' 53" North, approximate longitude
80° 58' 12" West), northerly of a line which bears South 57° 00' 00"
East (True) running from a point on the shoreline near the southerly end of
Riverside Drive (approximate latitude 29° 06' 17" North, approximate
longitude 80° 58' 05" West) to a point on the shoreline of an unnamed marsh
island (approximate latitude 29° 06' 00" North, approximate longitude
80° 57' 35" West), except as otherwise designated in subparagraph (3)(c)2.,
hereunder;
12. Dead End Creek Area:
All waters of Dead End Creek, southwesterly of the easterly shoreline of an
unnamed marsh island, its shoreline being a line approximately 350 feet
southwesterly of and parallel with the centerline of the Atlantic Intracoastal
Waterway Channel running southerly of Green Channel Marker "69";
13. Rose Bay Area: All waters within 300 feet
of the general contour of the shoreline of Rose Bay, southerly of a line which
bears South 57° 00' 00" East (True) running from a point on the shoreline
near the southerly end of Riverside Drive (approximate latitude 29° 06' 17"
North, approximate longitude 80° 58' 05" West) to a point on the shoreline
of an unnamed marsh island (approximate latitude 29° 06' 00" North,
approximate longitude 80° 57' 35" West) and northeasterly of the
southeasterly extension of the centerline of Harbor Road being a line bearing
approximately South 30° 00' 00" East (True) from a point on the shoreline
(approximate latitude 29° 05' 55" North, approximate longitude 80° 58'
06" West), excepting any marked channels which are otherwise
designated;
14. Spruce Creek,
Murray Creek Area: All waters of Spruce Creek, excluding marked channels as
designated in sub-subparagraph (3)(c)5.b., hereunder, northerly and easterly of
the centerline of US Highway 1 (State Road 5), southwesterly of the
southeasterly extension of the centerline of Harbor Road being a line bearing
approximately South 30° 00' 00" East (True) from a point on the general
contour of the shoreline (approximate latitude 29° 05' 55" North,
approximate longitude 80° 58' 06" West) and westerly of a line across the
mouth of Spruce Creek which line is 300 feet westerly of and parallel with the
centerline of the Intracoastal Waterway right of way running southerly from
Flashing Red Intracoastal Waterway Channel Marker "4" (latitude 29° 05' 15"
North, longitude 80° 57' 01" West); and, that part of Murray Creek,
southerly of the centerline of US Highway 1 (State Road 5);
15. Spruce Creek Area: All navigable waters
of Spruce Creek westerly of the centerline of the main track of the Florida
East Coast Railroad, and easterly of a line 750 feet easterly of and parallel
with the westerly line of Section 38, Township 16 South, Range 33 East (or
approximately two-thirds of a mile west of the centerline of the main track of
the Florida East Coast Railroad), except as otherwise described in
sub-subparagraph (3)(c), 5.a., hereunder;
16. Strickland Bay, Turnbull Bay Area: All
waters within 300 feet of the general contour of the shoreline of Strickland
Bay, westerly of the centerline of US Highway 1 (State Road 5) and easterly of
the centerline of the main track of the Florida East Coast Railroad, and within
300 feet of the general contour of the shoreline of Turnbull Bay, northerly of
a line 650 feet northerly of and parallel with the centerline of the Turnbull
Bay Road Bridge crossing Turnbull Creek; and, all waters of Turnbull Creek,
southerly of a line 650 feet northerly of and parallel with the centerline of
the Turnbull Bay Road Bridge crossing Turnbull Creek, excepting any marked
channels which are otherwise designated in subparagraph (3)(c)4.,
hereunder;
17. Halifax River/North
Indian River/Ponce de Leon Cut Area: All waters of the Ponce de Leon Cut area
within the Halifax River/North Indian River, inclusive of the main marked
channel of the Atlantic Intracoastal Waterway and any other marked channels,
southerly of a line bearing North 65° 00' 00" East (True) running through
Red Intracoastal Waterway Channel Marker "8" (latitude 29° 04' 07" North,
longitude 80° 56' 25" West), and westerly of a line bearing South 25°
00' 00" East (True) from the easternmost point of an unnamed island located
northwesterly of Flashing Green Intracoastal Waterway Channel Marker "19"
(latitude 29° 03' 26" North, longitude 80° 54' 53" West);
18. Ponce de Leon Inlet Area: Those waters of
Ponce de Leon Inlet, shoreline to shoreline, northerly of a line bearing North
90° 00' 00" East (True) running through Red Intracoastal Waterway Channel
Marker "20" (latitude 29° 03' 19" North, longitude 80° 54' 45" West)
and southerly of a line bearing South 73° 00' 00" West (True) running
through the Flashing Green Channel Marker standing ten feet (10') above water
at the end of the concrete piling west of and adjacent to the U.S. Coast Guard
Station located south of the Inlet; those waters northerly of a line bearing
North 90° 00' 00" East (True) located 700 feet North 00° 00' 00" East
(True) of the southwesternmost point of a peninsula in the inlet (approximate
latitude 29° 04' 21" North, approximate longitude 80° 55' 26" West),
westerly of the Inlet to their confluence with Ponce de Leon Cut; and, those
waters of Rockhouse Creek westerly of a line drawn from the easternmost point
of the northern shoreline of Rockhouse Creek to the northernmost point of the
southern shoreline of the Creek, thence to the confluence of these waters with
Ponce de Leon Cut;
19. Indian River
North/Cook Creek area: All waters of Indian River North, southerly of a line
bearing North 90° 00' 00" East (True) running through Red Intracoastal
Waterway Channel Marker "20" (latitude 29° 03' 19" North, longitude 80°
54' 53" West) and northerly of the centerline of the North Causeway Bridge,
also known as the Coronado Beach Bridge (State Road 44), except as otherwise
described in subparagraph (3)(d)6., hereunder;
20. Hunter Creek, Smyrna Creek, Inlet Creek,
Cook Creek Area: All waters of Hunter Creek, Smyrna Creek, Inlet Creek, Cook
Creek and other associated waters of Indian River, southwesterly of Ponce de
Leon Cut, westerly of Indian River and northerly of the centerline of the North
Causeway Bridge (State Road 44);
21. Indian River North/New Smyrna Beach Area:
All waters of Indian River North, including the main marked channel of the
Atlantic Intracoastal Waterway and all waters of Sheephead Cut, southerly of
the centerline of the North Causeway Bridge, also known as Coronado Beach
Bridge, (State Road 44) and northerly of a line bearing North 65° 00' 00"
East (True) running through Green Intracoastal Waterway Channel Marker "43"
(latitude 29° 01' 10" North, longitude 80° 55' 00" West);
22. Indian River North/Edgewater, Packwood
Place Area: All waters of Indian River North, westerly of the western boundary
of the main marked channel of the Atlantic Intracoastal Waterway, southerly of
a line bearing North 65° 00' 00" East (True) running through Green
Intracoastal Waterway Channel Marker "43" (latitude 29° 01' 10" North,
longitude 80° 55' 00" West) and northerly of a line bearing North 62°
00' 00" East (True) running through Flashing Green Intracoastal Waterway
Channel Marker "65" (latitude 28° 56' 23" North, longitude 80° 52' 05"
West); and those waters of Indian River North, easterly of the eastern boundary
of the main marked channel of the Atlantic Intracoastal Waterway, southerly of
a line bearing North 65° 00' 00" East (True) running through Green
Intracoastal Waterway Channel Marker "43, " (latitude 29° 01' 10" North,
longitude 80° 55' 00" West), and northerly of a line bearing North 65°
00' 00" East running through Green Channel Marker "47" (latitude 29° 00'
29" North, longitude 80° 54' 34" West); and, those waters of Indian River
North easterly of and within 750 feet of the eastern boundary of the main
marked channel of the Atlantic Intracoastal Waterway southerly of the line
running through Green Channel Marker "47" and northerly of a line which bears
North 65° 00' 00" East (True) through Flashing Green Channel Marker "49, "
(latitude 29° 00' 00" North, longitude 80° 54' 21" West), and those
waters easterly of the eastern boundary of the main marked channel of the
Atlantic Intracoastal Waterway southerly of the line running through Flashing
Green Intracoastal Waterway Marker "49, " northerly of the line running through
Flashing Green Intracoastal Channel Marker "65, " and westerly of a line drawn
along, and running between, the western shorelines of the islands immediately
east of the channel;
23. Indian
River North/Packwood Place, Oak Hill Area: All waters of Indian River North,
inclusive of the main marked channel of the Atlantic Intracoastal Waterway,
southerly of a line bearing North 62° 00' 00" East (True) running through
Flashing Green Intracoastal Waterway Channel Marker "65" (latitude 28° 56'
23" North, longitude 80° 52' 05" West), northerly of a line bearing North
60° 00' 00" East (True) running through Green Can Buoy "9A" (latitude
28° 52' 03" North, longitude 80° 49' 51" West) and westerly of a line
drawn along, and running between, the westerly shorelines of the islands
immediately easterly of the channel;
24. Indian River/Mosquito Lagoon Area: All
waters of the Indian River westerly of the westerly boundary of the main marked
channel of the Atlantic Intracoastal Waterway, southerly of a line bearing
North 60° 00' 00" East (True) running through Green Can Buoy "9A" (latitude
28° 52' 03" North, longitude 80° 49' 51" West) and northerly of the
Volusia County/Brevard County line; and,
25. Mosquito Lagoon/Bethune Beach Subdivision
Area: Mosquito Lagoon/Bethune Beach Subdivision Area: All waters of Mosquito
Lagoon, westerly of the easterly shoreline of Mosquito Lagoon (generally west
of the Bethune Beach Subdivision), southeasterly of a line which bears South
31° 00' 00" West running through the southwesternmost point of a marsh
peninsula (approximate latitude 28° 57' 26" North, approximate longitude
80° 51' 02" West) located approximately one half mile northwest of the
overhead transmission lines crossing Mosquito Lagoon, northerly of a line which
bears South 70° 00' 00" West running through the northwesternmost point of
an unnamed marsh island (approximate latitude 28° 56' 30" North,
approximate longitude 80° 50' 11" West) located approximately one mile
southeast of the above-described transmission lines (approximately one mile
northeast of Turtle Mound), and easterly of a line drawn along, and running
between, the eastern shorelines of the three easternmost unnamed marsh islands
generally between the two above-described lines.
(b) Idle Speed Zone (Year-round) - Those
waters of Tomoka River, inclusive of associated and navigable tributaries,
lakes, creeks, coves, bends, backwaters, canals, mosquito ditches, and boat
basins, as follows, unless otherwise designated or excluded:
1. Lying southerly of a line which bears
approximately North 90° 00' 00" East (True) running from the shoreline of a
peninsula on the westerly bank of the mouth of Tomoka River (approximate
latitude 29° 20' 50" North, approximate longitude 81° 05' 19" West) to
the shoreline of the easterly bank of Tomoka River at the northernmost tip of a
peninsula (approximate latitude 29° 20' 50" North, approximate longitude
81° 05' 17" West) and northerly of a line which bears North 65° 00' 00"
East (True) running through a point on the shoreline of the east bank of the
Tomoka River northerly of its confluence with Strickland Creek (approximate
latitude 29° 20' 19" North, approximate longitude 81° 05' 09"
West);
2. Lying southerly of
Latitude 29° 19' 00" North and northeasterly of the centerline of US
Highway 1; and,
3. Lying
southwesterly of a line 300 feet northeasterly of and parallel with the
centerline of Interstate Highway 95 and northerly of the northerly right of way
line of Old Tomoka Road.
(c) Maximum 25 MPH Zone (Year-round) -
1. Tomoka River Area: All waters of Tomoka
River, southerly of a line 100 feet southwesterly of and parallel with a line
bearing South 65° 00' 00" East running through the southwesternmost point
of Alligator Island (approximate latitude 29° 16' 36" North, approximate
longitude 81° 06' 21" West), and northerly of a line 300 feet northeasterly
of and parallel with the centerline of Interstate Highway 95. All navigable
creeks, coves, canals, boat basins, mosquito ditches, and backwater areas
associated with the above-described portion of Tomoka River shall be designated
Slow Speed;
2. Halifax
River/Fozzard Creek Area: All waters within marked channels (as may be posted
by local government) within the westernmost portion of the Halifax River
(generally north of Rose Bay) westerly of the main marked channel of the
Atlantic Intracoastal Waterway as described for regulation in subparagraph
(3)(a)11., except that waters of Fozzard Creek, Tenmile Creek, and Mill Creek
shall remain Slow Speed throughout;
3. Rose Bay Area: All waters of Rose Bay
southerly of a line which bears South 57° 00' 00" East (True) running from
a point on the shoreline near the southerly end of Riverside Drive (approximate
latitude 29° 06' 17" North, approximate longitude 80° 58' 05" West) to
a point on the shoreline of an unnamed marsh island (approximate latitude
29° 06' 00" North, approximate longitude 80° 57' 35" West) and
northeasterly of the southeasterly extension of the centerline of Harbor Road
being a line bearing approximately South 30° 00' 00" East (True) from a
point on the shoreline (approximate latitude 29° 05' 55" North, approximate
longitude 80° 58' 06" West), except as otherwise designated in subparagraph
(3)(a)13., above, but including any marked channels as may be posted by local
government;
4. Strickland Bay,
Turnbull Bay Area: All waters of Strickland Bay westerly of the centerline of
U.S. Highway 1 (State Road 5) and easterly of the centerline of the main track
of the Florida East Coast Railroad, and all waters of Turnbull Bay northerly of
a line 650 feet northerly of and parallel with the centerline of the Turnbull
Bay Road Bridge crossing Turnbull Creek, except as otherwise designated in
subparagraph (3)(a)16., above, but including any marked channels as may be
posted by local government; and,
5.
Spruce Creek Area:
a. Spruce Creek (West of
RR Bridge): All waters within the marked channel of Spruce Creek (as may be
posted by local government), westerly of the centerline of the main track of
the Florida East Coast Railroad and easterly of a line 750 feet easterly of and
parallel with the westerly line of Section 38, Township 16 South, Range 33 East
(or approximately two-thirds of a mile west of the centerline of the main track
of the Florida East Coast Railroad); and,
b. Spruce Creek (Murray Creek Area): All
waters within the marked channel of Spruce Creek (as may be posted by local
government) northeasterly of the centerline of US Highway 1 (State Road 5) and
westerly of a line across the mouth of Spruce Creek which line is 300 feet
westerly of a parallel with the centerline of the right of way of the Atlantic
Intracoastal Waterway running southerly from Flashing Red Intracoastal Waterway
Channel Marker "4" (latitude 29° 05' 15" North, longitude 80° 57' 01"
West).
(d)
Maximum 30 MPH/25 MPH Nighttime Zone (Year-round) - Waters of the Halifax
River, Indian River, and Tomoka River basin as follows:
1. Halifax Creek/Halifax River Area: All
waters within the main marked channel of the Atlantic Intracoastal Waterway
southerly of the Flagler County/Volusia County line and northerly of a line
which bears North 72° 00' 00" East (True) running through Green
Intracoastal Waterway Channel Marker "9" (latitude 29° 19' 54" North,
longitude 81° 04' 06" West);
2.
Tomoka Basin, Halifax River Area: All waters of Tomoka Basin and Halifax River
northerly of a line which bears approximately North 90° 00' 00" East (True)
running from the shoreline of a peninsula on the westerly bank of the mouth of
Tomoka River (approximate latitude 29° 20' 50" North, approximate longitude
81° 05' 19" West) to the shoreline of the easterly bank of Tomoka River at
the northernmost tip of a peninsula (approximate latitude 29° 20' 50"
North, approximate longitude 81° 05' 17" West) and that part of Tomoka
Basin and Halifax River westerly of the easterly shoreline of the islands lying
westerly of the Intracoastal Waterway Channel between the shoreline of the
southernmost tip of a peninsula (approximate latitude 29° 22' 28" North,
approximate longitude 81° 05' 12" West) and a point which lies 600 feet
South 72° 00' 00" West (True) from Green Intracoastal Waterway Channel
Marker "9" (latitude 29° 19' 54" North, longitude 81° 04' 06" West) and
southerly of Green Intracoastal Waterway Channel Marker "9" and northerly of a
line which is 600 feet northerly of and parallel with the centerline of
Seabreeze Bridge (State Road 430), including the main marked channel of the
Atlantic Intracoastal Waterway, excepting those waters otherwise described in
subparagraph (3)(a)4., above;
3.
Halifax River/Daytona Beach and Port Orange Area: All waters of the Halifax
River not otherwise described in subparagraphs (3)(a)8. and (3)(e)2., southerly
of a line which bears North 60° 00' 00" East (True) running through Red
Intracoastal Waterway Channel Marker "40" (latitude 29° 12' 06" North,
longitude 81° 00' 21" West), northerly of a line which bears North 68°
00' 00" East (True) running through Green Intracoastal Waterway Channel Marker
"57" (latitude 29° 08' 32" North, longitude 80° 58' 17" West) between
the shoreline of Halifax Estates on the east and the shoreline of an unnamed
island on the west, and northerly of a line which bears North 70° 00' 00"
East (True) from a point on the westerly bank of Halifax River (approximate
latitude 29° 07' 43" North, approximate longitude 80° 58' 41" West) to
the shoreline of an unnamed island (approximate latitude 29° 07' 53" North,
approximate longitude 80° 58' 12" West);
4. Halifax River/Port Orange and Live Oak
Point Area: All waters of the Halifax River within the main marked channel of
the Atlantic Intracoastal Waterway, southerly of a line which bears North
68° 00' 00" East (True) running through Green Intracoastal Waterway Channel
Marker "57" (latitude 29° 08' 32" North, longitude 80° 58' 17" West),
and northerly of a line bearing North 65° 00' 00" East (True) running
through Red Intracoastal Waterway Channel Marker "8" (latitude 29° 04' 07"
North, longitude 80° 56' 25" West);
5. Ponce de Leon Inlet Area: All waters of
the Ponce de Leon Inlet area not otherwise described for regulation under
subparagraph (3)(a)18., above, easterly of Ponce de Leon Cut, westerly of the
easterly shorelines of Halifax River and Indian River North, southerly of a
line bearing North 90° 00' 00" East (True) running from the
southwesternmost point of a peninsula in the inlet (approximate latitude
29° 04' 21" North, approximate longitude 80° 55' 26" West), and, in
Halifax River, southerly of a line located 700 feet North 00° 00' 00" East
(True) of and parallel with the above-described line (southerly of red marker
"2" (approximate latitude 29° 04' 31" North, approximate longitude 80°
55' 48" West), in the channel leading to Lighthouse Marina and northwesterly of
a line bearing South 73° 00' 00" West (True) running through the Flashing
Green Channel Marker standing 10 feet above water at the end of the concrete
piling west of and adjacent to the U.S. Coast Guard Station located south of
the Inlet;
6. Indian River
North/Cook Creek Area: Those waters of the Indian River North southerly of a
line which bears North 90° 00' 00" East (True) running through Red
Intracoastal Waterway Channel Marker "20" (latitude 29° 03' 20" North,
longitude 80° 54' 43" West), westerly of the general contour of the
easterly shoreline of Indian River North, northerly of a line 150 feet
southerly of and parallel with the center line of "Due East Street, " and
easterly of the westerly boundary of the main marked channel of the Atlantic
Intracoastal Waterway; and,
7.
Indian River North/Mosquito Lagoon Area: All waters of Indian River and
Mosquito Lagoon, except as otherwise designated in subparagraphs (3)(a)22.,
(3)(a)23., (3)(a)24., and (3)(a)25., southerly of a line bearing North 65°
00' 00" East (True) running through Green Intracoastal Waterway Channel Marker
"47" (latitude 29° 00' 29" North, longitude 80° 54' 34" West) and
northerly of the Volusia County/Brevard County line, and that section of the
Atlantic Intracoastal Waterway channel southerly of a line bearing North
65° 00' 00" East running through Green Intracoastal Waterway Channel Marker
"43" (latitude 29° 01' 10" North, longitude 80° 55' 00" West) and
northerly of a line bearing North 62° 00' 00" East running through Flashing
Green Intracoastal Waterway Channel Marker "65" (latitude 28° 56' 23"
North, longitude 80° 52' 05" West), and that section of the Atlantic
Intracoastal Waterway channel southerly of a line bearing North 60° 00' 00"
East (True) running through Green Can Buoy "9A" (latitude 28° 52' 03"
North, longitude 80° 49' 51" West) and northerly of the Volusia
County/Brevard County line, excepting those waters of Callalisa Creek northerly
of a line which bears North 60° 00' 00" East (True) running through
Flashing Green Intracoastal Waterway Channel Marker "49" (latitude 29° 00'
04" North, longitude 80° 54' 21" West).
(e) Maximum 35 MPH/25 MPH Nighttime Zone -
The following zones are established year-round for watersports use purposes:
1. Seabreeze Bridge Area: That part of the
Halifax River easterly of a line 100 feet easterly of and parallel with the
eastern boundary of the Atlantic Intracoastal Waterway Channel, southerly of an
east-west line running 50 feet south of the southern end of the fender system
of the Seabreeze Bridge (State Road 430) and the shoreline of the unnamed
peninsula under the Bridge, and northerly of a line 500 feet northerly of and
parallel with the centerline of the Main Street Bridge; and,
2. Dunlawton Bridge Area: That part of the
Halifax River westerly of a line 100 feet westerly of and parallel with the
western boundary of the marked Atlantic Intracoastal Waterway Channel, to
within 100 feet of the westerly and southerly shorelines, southerly of a line
2150 feet northerly of and parallel with the centerline of Dunlawton Avenue
Bridge (State Road A1A) and northerly of the centerline of Dunlawton Avenue
Bridge.
(f) Slow Speed
Zone (April 1 through August 31)/Maximum 25 MPH Zone (Remainder of Year) -
1. Tomoka River Area: The waters of Tomoka
River southwesterly of the centerline of US Highway 1 and northerly of a line
100 feet northwesterly of and parallel with a line bearing North 49° 00'
00" East running through the northwesternmost point of Alligator Island
(approximate latitude 29° 17' 10" North, approximate longitude 81° 06'
14" West). All navigable creeks, coves, canals, boat basins, mosquito ditches,
and backwater areas associated with the above-described portion of Tomoka River
shall be designated Slow Speed (year-round); and,
2. Spruce Creek Area: All navigable waters of
Spruce Creek westerly of a line 750 feet easterly of and parallel with the
westerly line of Section 38, Township 16 South, Range 33 East (or approximately
two-thirds of a mile west of the centerline of the main track of the Florida
East Coast Railroad).
(4) 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), Florida Administrative Code (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, as follows:
1. St. Johns River
Basin: Seasonal exemptions will be considered within zones described in
subparagraphs (2)(a)4., 5., 7., 9., 14. and 17., with the period of exemption
being November 1 through March 31; year-round exemptions will be considered
within the zones described in subparagraph (2)(a)1.
2. Halifax River/Indian River Area:
Year-round exemptions will be considered within the zone described in
subparagraph (3)(a)14., and within a portion of the zone described in
subparagraph (3)(a)23.; seasonal exemptions will be considered within the zones
described in subparagraphs (3)(a)22., 23., and 24., from November 1 through
March 31.
(b) A recipient
of an exemption must maintain speeds of less than 20 MPH at all times within
the restricted area, and comply with the conditions specified within the notice
of exemption as well as under the provisions of this rule and subsection
68C-22.003(6),
F.A.C. Examples of conditions which may be specified to promote manatee
protection include seasonal constraints or days of week/holiday limitations,
limitations on types of fishing activities allowed, and limitations on areas
within which exemptions apply within designated manatee protection
zones.
(c) Exemptions granted will
not apply on weekends or 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., may apply for the 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
Offices at 1-A Max Brewer Memorial Parkway, Titusville, FL 32796 (telephone
407/383-2740) or 1239 S.W. 10th Street, Ocala, FL 34474 (telephone
352/732-1225).
(5) For the purpose of exemption from speed restrictions for airboat operation within certain areas of the St. Johns River region (not withstanding applicable federal regulations prohibiting airboat use in portions of said areas), the following limitations shall apply:
(a)
Protection zones established under paragraph (2)(a), above, are exempt as
specified and conditioned hereunder:
1. Areas
exempt from speed restrictions shall include waters with a depth of less than
two feet, as follows:
a. The Lake George area
(including waters regulated as slow speed northerly to Black Point), except
within 600 feet of the jetties at the southern end of Lake George;
b. The Lake Woodruff area, except in those
waters within one-half mile of the Lake's confluence with Tick Island Creek,
Harry's Creek, Spring Garden Creek, and the Norris Dead River;
c. The Lake Monroe Area.
2. Exemptions shall apply within the waters
of tributaries, creeks, and associated backwater areas meeting the following
criteria, except as provided under subparagraph (5)(a)3., hereunder:
a. Waters are at a distance of more than
one-half mile from their confluence with the St. Johns River proper;
b. Waters are less than two feet deep from
shore to shore (but excluding from consideration those waters less than two
feet deep which are adjacent to deeper navigable waters, except as provided
under subparagraph (5)(a)1.);
c.
Waters are not within or adjacent to, or directly associated with (as for
bends, oxbows), the main channel of the St. Johns River.
3. Areas excluded from consideration for
exemption are:
a. The Norris Dead River,
Zeigler Dead River, Blue Peter Lake, Daisy Lake, and Highland Park
Canal;
b. Hontoon Dead
River;
c. St. Francis Dead River;
and,
d. Mud Lake, Shell Creek, and
associated waters.
(6) For the purpose of considering conditional exemptions from speed restrictions within certain of the Halifax River areas for the purpose of powerboat racing, the following conditions, limitations, and procedures for application shall apply:
(a) Exemption application shall be submitted,
at least 90 days prior to the event requested, to the Chief, Office of
Environmental Services, 620 South Meridian Street, Tallahassee, FL 32399. The
letter of application must clearly state:
1.
The nature and scope of the boat race, including estimated numbers and
nature/configuration of vessels racing and maximum speeds
anticipated;
2. The specific area
within which the race is requested, described within the letter of application
and depicted on a National Ocean Survey nautical chart;
3. The intended month and day (if known) of
the requested event; and,
4.
Justification for holding the event within waters regulated for manatee
protection, clearly demonstrating why an alternative site is unsuitable for the
racing event.
(b)
Exemption consideration shall be limited as follows:
1. Exemptions will be considered only within
the area between the S.R. 600 Carlton Blank Bridge and the Orange Avenue
Memorial Bridge; and,
2. The season
of exemption consideration shall be from October 1 through February 15;
and,
3. Exemptions shall be
considered only during daylight hours.
(c) Upon receipt of a letter of exemption, an
exemption recipient must comply with all applicable provisions of this rule and
with any and all conditions and limitations within the non-transferable letter
of exemption as well as with any specific notice requirements as may be
requested by the Division of Law Enforcement. Failure to comply with exemption
conditions, and any finding of fraudulent use and/or application for said
exemption, shall be cause for its immediate revocation, including a suspension
of exemption privileges prior to or during the exempted
event.
(7) Maps depicting
the zones described in this rule are available on the agency's website at
Rulemaking Authority 370.021(1), 370.12(2)(f), (n), (o) FS. Law Implemented 370.12(2)(d), (f), (n), (o) FS.
New 3-19-79, Formerly 16N-22.12, Amended 12-5-89, 7-25-91, 6-23-94, Formerly 16N-22.012, Amended 5-31-95, Formerly 62N-22.012, Amended 6-13-12.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
