Current through Reg. 51, No. 058, March 25, 2025
(1) For the
purpose of regulating the speed and operation of motorboats year-round, the
Martin County zones are established as follows:
(a) Slow Speed Zone -
1. All navigable inland waters within Martin
County within 600 feet waterward of the general contour of the shoreline,
unless otherwise designated or excepted, inclusive of all associated
backwaters, bayous, creeks, and canals (unless specifically excluded or
otherwise designated), and excepting marked or maintained navigation channels
unless otherwise designated. The following areas are specifically excluded from
this designation: the C-23 Canal west of the South Florida Water Management
District water control structure "S-48"; the Lake Okeechobee Waterway
southwesterly of St. Lucie Locks; the Lake Okeechobee rim canal; and nearshore
waters immediately adjacent to the "Jensen Beach Causeway Islands" (under the
Jensen Beach Bridge, on the easterly side of the Atlantic Intracoastal
Waterway) and immediately adjacent to the "Stuart Causeway Islands" (under the
Ocean Boulevard (Stuart Causeway) Bridge, on the easterly side of the Atlantic
Intracoastal Waterway) except as provided under paragraph (9)(a), hereunder.
Waters so regulated within this designation shall include, but not be limited
to, the following:
a. That portion of the St.
Lucie River within Martin County, westerly to the St. Lucie County/Martin
County line (and inclusive of those waters westward in the C-23 Canal to the
South Florida Water Management District water control structure "S-48"),
southerly (in the South Fork) to the centerline of the Palm City Bridge, and
easterly/southeasterly to an east-west line drawn from Hell Gate Point to the
eastern shore of the St. Lucie River, excluding that portion of the North Fork
of the St. Lucie River known as "Ski Point," or "Speedy Point," northwesterly
of the Roosevelt/US 1 Bridge (beginning at a line running through day mark "R
2" and the southwesterly extreme of said point, running northerly for a
distance of 500 feet following the general contour of the shoreline), and
excluding the main marked channel of the St. Lucie River.
b. In the "cross roads" area of the
intersection of the St. Lucie River and the Indian River, that portion from an
east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie
River, thence:
(I) Southerly, southeasterly,
and northerly, following the contour of the shoreline, to a northern boundary
represented by an east-west line drawn from daymark "G 235" (lat 27° 10'
38.477" N, long 80° 11' 03.939" W) to the western side of the Indian River,
excluding the main marked channel of the St. Lucie River; and,
(II) Southerly and easterly, along the
western and southern shoreline, to the western boundary of the main marked
channel of the Atlantic Intracoastal Waterway, excluding the main marked
channel of the St. Lucie River.
c. On the east side of the Indian River, that
portion northerly of an east-west line, drawn from day mark "R 230" (lat
27° 11' 53.51" N, long 80° 11' 16.28" W) to the eastern shore of the
Indian River, north to the Martin County/St. Lucie County line, excluding that
portion of the waterfront area commonly known as "Cat Cove" lying within 600
feet of the shoreline with the southerly limit being 200 feet northeasterly of
the Ocean Boulevard (Stuart Causeway) Bridge and the northerly limit being .25
mile northerly of the Ocean Boulevard (Stuart Causeway) Bridge.
2. All waters of the St. Lucie
River/Okeechobee Waterway, outside of the main marked navigation channel, from
the centerline of the Palm City Bridge southward to the St. Lucie
Locks.
3. All waters lying outside
of the marked Atlantic Intracoastal Waterway channel from the St. Lucie Inlet
southward to the Martin County/Palm Beach County line, inclusive of those
waterbodies commonly known as "Peck Lake," "Hole in the Wall," and "The
Narrows," unless otherwise designated or excepted.
4. All waters within that waterbody commonly
known as "Manatee Pocket," inclusive of "Manatee Creek."
5. Those portions of the Atlantic
Intracoastal Waterway within its main marked channel, as follows:
a. Between day marks "G 13" (lat 27° 08'
30.120" N, long 80° 09' 43.590" W) and "R 16" (lat 27° 07' 39.560" N,
long 80° 09' 05.720" W);
b.
Between an east-west line drawn perpendicular to the centerline of the Atlantic
Intracoastal Waterway 50 feet north of day mark "R 44" (lat 29° 00' 26" N,
long 80° 05' 45" W) and day mark "G 49" (lat 26° 59' 16.060" N, long
80° 05' 26.820" W); and,
c.
From day mark "G 21" (lat 27° 06' 31" N, long 80° 08' 30" W) south to
the north end of the fender system of the SR 708 Bridge.
6. All waters of the Loxahatchee River lying
outside of the marked navigation channel from the Martin County/Palm Beach
County line northward through the boundaries of the Jonathan Dickinson State
Park.
7. All waters within Martin
County westerly of the marked Atlantic Intracoastal Waterway channel in the
Indian River from day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11'
03.939" W) northward to the Martin County/St. Lucie County line.
8. All waters within Martin County near the
"cross roads" area of the intersection of the Indian River and the St. Lucie
River lying easterly of the marked Atlantic Intracoastal Waterway channel of
the Indian River, with the southerly limit being a line running eastward from
day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11' 03.939" W), the
northerly limit being a line running eastward from day mark "R 230" (lat
27° 11' 53.510" N, long 80° 11' 16.280" W), and the easterly limit
being the eastern shoreline of the Indian River. (The actual legal and
enforceable boundaries of this zone will be established by markers or buoys,
upon marking and posting of the area.)
9. All waters within Martin County within the
immediate vicinity of, and within 200 feet of all faces of, all bridges, locks
and other water control structures, unless otherwise designated.
10. All waters within the north and south 100
feet of the "oxbow" adjacent to the main section of the old St. Lucie River,
South Fork as described in subparagraph (1)(b)5., hereunder. (The actual legal
and enforceable boundaries of this zone will be established by markers or
buoys, upon marking and posting of the area.)
(b) Maximum 25 MPH Zone -
1. All waters within Martin County within the
"cross roads" area of the intersection of the Indian River and the St. Lucie
River, unless otherwise designated and which are outside of the Slow Speed
Zone, with the northerly limit in the Indian River being an east-west line
drawn from shore to shore through day mark "G 235" (lat 27° 10' 38.477" N,
long 80° 11' 03.939" W), the southerly limit being day mark "G 1" (lat
27° 09' 43.649" N, long 80° 10' 39.947" W) at the Great Pocket, the
westerly/northwesterly limit being an east-west line drawn from Hell Gate Point
to the eastern shore of the St. Lucie River, and the easterly limit being the
waterward extreme of the entrance to the St. Lucie Inlet.
2. All waters within 600 feet of the general
contour of the shoreline easterly of the Atlantic Intracoastal Waterway within
the "cross roads" area described in subparagraph (1)(b)1., above, inclusive of
private channels and the channel commonly known as "Sailfish Point."
3. All waters within the marked channel of
the Atlantic Intracoastal Waterway, unless otherwise designated, from day mark
"G 1" (lat 27° 09' 43.649" N, long 80° 10' 39.947" W) in the Indian
River Great Pocket southward to the Martin County/Palm Beach County
line.
4. All waters of the St.
Lucie/Okeechobee Waterway, within its marked channel in the St. Lucie River,
from the centerline of the Palm City Bridge to the St. Lucie Locks.
5. All waters within the "oxbow" section of
the old St. Lucie River South Fork outside of the canalized portion of the
South Fork, easterly of Midway Island, between day mark "37" (lat 27° 08'
57.380" N, long 80° 15' 37.730" W) and day mark "39" (lat 27° 08'
18.580" N, long 80° 15' 44.170" W) and that portion of the old river
branching off of the oxbow and to the south of it, in the form of a lake. That
portion described in subparagraph (1)(a)10., above, shall be excluded from this
designation.
6. All waters within
the marked navigation channel of the Loxahatchee River from the Martin
County/Palm Beach County line northward through the boundaries of the Jonathan
Dickinson State Park.
7. All waters
in the Indian River within the marked channel of the Atlantic Intracoastal
Waterway from day mark "R 230" (lat 27° 11' 53.51" N, long 80° 11'
16.28" W) to day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11'
03.939" W).
(2) That portion of Lake Okeechobee within
Martin County is exempt from speed restrictions under the provisions of this
rule.
(3) Those waters designated
under subparagraphs (1)(a)1.b., (1)(a)3., (1)(a)5., (1)(a)6., (1)(b)1.,
(1)(b)3., and (1)(b)6., wherein protection zones were previously established
and enforced (as adopted March 19, 1979), shall remain unaffected by exemption
provisions for the purpose of boat/motor testing as set forth under subsection
68C-22.003(7),
F.A.C.
(4) It is provided that any
motorboat operator who has reason to believe that a manatee may be present
within 200 feet shall operate his or her vessel at no greater than Idle
Speed.
(5) 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 conditions, and procedures for exemption application,
shall aly:
(a) Exemptions shall apply to zones
described under subparagraphs (1)(a)1., 2., 3., 4., 6., 7., 8., 9., and 10.,
above, except as conditioned hereunder. From November 15 through March 31,
exemptions shall be considered within the zones described under subparagraph
(1)(a)3., (within those waters lying outside the marked channel of the Atlantic
Intracoastal Waterway) only for the purpose of setting nets.
(b) A recipient of such an exemption must
maintain speeds of less than 20 mph at all times within the restricted area,
and comply with any and all conditions specified within the notice of
exemption, as well as under the provisions of this rule.
(c) Exemptions granted will not apply on
weekends or state-recognized holidays (except during the period from November
15 through March 31, when exemptions may apply on state-recognized
holidays).
(d) Any commercial
fishermen or professional fishing guide fulfilling the requirements set forth
under subsection 68C-22.003(6),
F.A.C., may apply for said 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, 13000 Marcinski Road, Jupiter, FL 33477 (telephone
(561)624-6935).
(6)
Regulations restricting motorboat speed and operation, as set forth herein, are
not intended to supersede any existing regulations duly established by federal,
state, or local authority which are more restrictive in nature. Permitted
markers as posted are presumptive evidence of zone boundaries, as
intended.
(7) The zones described
in subsection 68C-22.024(1),
F.A.C., herein are depicted on the following maps, labeled "Martin County
Manatee Protection Zones, Map A through Map D" and dated November 1990: (Maps
provided herewith are intended as depictions of the above described zones. In
the event of conflict between the two, the above descriptions shall prevail.)
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Rulemaking Authority
370.12(2)(f), (g),
(n) FS. Law Implemented
370.12(2)(f), (g),
(n)
FS.
New 12-24-90, Formerly 16N-22.024,
62N-22.024.