Current through Reg. 50, No. 187; September 24, 2024
(1) Owners of
private submerged lands that are adjacent to Outstanding Florida Waters, as
defined in Section 403.061, F.S., or an aquatic
preserve established under Sections
258.39 -
258.399, F.S., may apply to the
Commission to have a boating restricted area established on the private
submerged lands to protect any seagrass or contiguous seagrass habitat from
seagrass scarring due to propeller dredging. In order to protect the boating
public and prevent navigational hazards, private submerged lands with less than
ten acres of seagrass or contiguous seagrass habitat, which would otherwise
qualify for boating restricted area under this section shall not be established
as seagrass protection boating restricted areas.
(2) Private lands submerged by more than six
feet of water at mean lower low water shall not qualify for a boating
restricted area under this rule.
(3) For purposes of this rule, the following
definitions shall apply:
(a) "Adjacent" means
wholly within, partially within, bounded by, or having a common border on at
least one side or part.
(b)
"Seagrass" means Cuban shoal grass (Halodule wrightii), turtle
grass (Thalassia testudinum), manatee grass
(Syringodium filiforme), star grass (Halophila
engelmannii), paddle grass (Halophila decipiens),
Johnson's seagrass (Halophila johnsonii), or widgeon grass
(Ruppia maritima).
(c) "External propeller limitation zone"
means a boating restricted area in which all vessels equipped with both an
internal combustion motor (e.g. gasoline or diesel motors) and one or more
propellers in the water for propulsion must turn off the internal combustion
motor and, if possible to do so, tilt or raise the propeller out of the water.
Vessels propelled solely by polling, paddling, floating, electric motors, or
internal combustion motors without an external propeller may proceed through
the zone with no restrictions.
(d)
"Straight-line boundary" means an area delineated totally by a series of
straight lines without the use of curves or meanders; each straight line
generally being a minimum length of 200 feet; interior angles generally being
greater than 60 degrees.
(4) To apply for a boating restricted area
pursuant to this rule an owner must submit a complete application to the
Commission, Division of Law Enforcement, Boating and Waterways Section, in
writing, which shall include each of the following, in hard copy no larger than
8 1/2 inches by 11 inches, and in digital format (for example, GIS geodatabase
file) for all required surveys and maps:
(a) A
cover letter from the owner of the submerged lands for which the boating
restricted area is being sought, which includes a statement that the owner is
seeking a boating restricted area pursuant to this rule, as well as the date of
application and the name, mailing address, electronic mail address, telephone
number, and signature of the owner;
(b) A recorded deed from the County in which
the property is located, providing proof of ownership by the applicant of the
submerged lands for which the boating restricted area is being
sought;
(c) Documentation of a
title determination request from the Department of Environmental Protection,
Division of State Lands verifying the private ownership of the lands for which
the boating restricted area is being sought;
(d) Supporting documents provided by a
professional surveyor or mapper or a professional engineer licensed to conduct
business in the state of Florida that include the following:
1. A survey map, or maps, describing
locations and juxtaposition of the following:
a. The submerged private property;
b. The adjacency of the submerged private
property with an Outstanding Florida Water or aquatic preserve;
c. The requested straight-line boating
restricted area;
d. The seagrass or
contiguous seagrass habitat within the submerged private property;
e. Water depths within the submerged private
property, along with the 6-foot contour line if applicable, referenced to mean
lower low water;
2. Metes
and bounds legal descriptions of the following boundaries:
a. The submerged private property;
b. The adjacency of the submerged private
property with an Outstanding Florida Water or aquatic preserve;
c. The requested straight-line boating
restricted area;
3.
Statements as to the acreage encompassed by the following boundaries:
a. The submerged private property;
b. The requested straight-line boating
restricted area;
c. The seagrass
and contiguous seagrass habitat to be protected within the requested
straight-line boating restricted area;
(e) An environmental survey from an
environmental consultant or professional with experience in identifying
seagrass communities which contains the following:
1. A statement of which species of
seagrasses, if any, are present on the private submerged lands for which the
owner is seeking a boating restricted area;
2. Maps and detailed physical descriptions of
the boundaries of the seagrass and contiguous seagrass habitat which shall be
incorporated into the supporting documents to be provided by a professional
surveyor or mapper or professional engineer licensed to conduct business in the
State of Florida as described above in paragraph
(d).
(5)
Complete applications may be submitted in the following manner:
(a) By mail or in person to the Fish and
Wildlife Conservation Commission, Boating and Waterways Section, 620 South
Meridian Street, Tallahassee, Florida 32399-1600; or
(b) By electronic mail to
waterway.management@myfwc.com.
(6) The Boating and Waterways Section shall
not process partial or incomplete applications.
(7) Upon receipt of all statements and other
documents specified above, the Boating and Waterways Section shall determine
whether or not the application is complete.
(a) If the application is not substantially
complete or has not been completed substantially correctly, the Boating and
Waterways Section shall, within 30 days following receipt, return it to the
applicant with a statement of the items that are missing or that must be
corrected.
(b) If the application
is substantially complete and only minor additions or corrections are required,
the Boating and Waterways Section shall, within 30 days following receipt,
notify the applicant of the apparent errors or omissions and request the
required additional or corrected information. If the requested additional or
corrected information is not received within 60 days, the Boating and Waterways
Section shall deny the application without prejudice.
(8) Within 30 days following receipt of a
completed application, the Boating and Waterways Section shall provide notice
of such receipt to the applicant by mail or by email.
(9) The Boating and Waterways Section shall
within 90 days following receipt of a completed application, approve or deny
the application based on whether or not the application meets the requirements
of Section 327.46, F.S. and this rule. Upon
approval or denial of the application, the Boating and Waterways Section shall
provide notice of the approval or denial to the owner. If no request for review
is timely received, this notice shall constitute final agency action.
(10) The Florida Fish and Wildlife
Conservation Commission, sitting as agency head at its next available regularly
scheduled meeting, shall review any approval or denial determination made by
the Boating and Waterways Section upon timely receipt of a request for review.
Any substantially affected person may request review of the approval or denial;
the request must be received by the Boating and Waterways Section within 21
days following the notice of the approval or denial.
(a) Except as provided in paragraph (b),
boating restricted areas created pursuant to this rule shall be external
propeller limitation zones.
(b) If
necessary to ensure that a boating restricted area created pursuant to this
rule does not completely cut off all navigability into, through, or out of a
waterway, a portion of the boating restricted area shall be slow speed minimum
wake, as defined in Rule
68D-23.103,
F.A.C.
(11) Following the
Commission's adoption of a boating restricted area pursuant to this rule, the
area shall not be enforced until the owner applies to the Commission for a
permit pursuant to Rule
68D-23.104, F.A.C. and posts
uniform waterway markers delineating the boating restricted area established by
the Commission consistent with the requirements of the permit and Chapter
68D-23, F.A.C. The owner shall have a continuing obligation to comply with the
requirements of Rule 68D-23.110, F.A.C., as long as
the boating restricted area exists.
Rulemaking Authority
327.04,
327.40,
327.41,
327.46 FS. Law Implemented
327.40,
327.41,
327.46
FS.
New 10-15-18.
