[ Post a Response | Boot Key Harbor Message Board ]
Posted by Gregory Absten
on April 7, 2011, 7:08 am, in reply to "County to start process for new anchoring rules"
173.12.108.2
Thanks for the posting Jim. Interesting stuff. I haven't had time to follow the link yet that you posted.
--Previous Message--
: Resently I was ask to respond to the NEW Pilot
: Program that would further regulate
: anchoring and mooring.
:
: The News Item in the KeyNoter
: (http://www.keysnet.com/2011/03/16/318860/county-to-start-process-for-new.html)
: did not state the challenges or my Full
: Reply.
:
: Neither side will be happy with my reply.
: But I had to step back and look at all
: sides, including the resent Legal Cases.
: Below is my Full Reply.
:
: First I’d like to briefly explain who I am
: and why I have knowledge regarding the
: “pilot program” approved by the Florida
: Legislature.
:
: I have traveled over 125,000 miles over the
: seas, from Norfolk VA, the Mediterranean
: Sea, Tampa Bay and St. Petersburg, through
: the Gulf of Mexico down Florida’s West coast
: through Key Largo and Marathon Florida.
:
: Having done such, I have great respect for
: the United States Coast Guard and the
: Officers of the Florida Fish and Wildlife
: Conservation Commission. I have helped
: protect the rights of Live aboard boaters in
: Boot Key Harbor establishing new regulations
: in the City of Marathon and surrounding
: areas. Now that being said…
:
: Lets us first understand several areas of
: this “Pilot Program”. This is a “Pilot
: Program”. It IS NOT law, it is a program to
: test new “regulations”.
:
: It was recently quoted that the program was
: to “intended to let communities in the
: designated areas to regulate overnight and
: long-term anchoring by vessels off their
: shores.”; however, this IS NOT what the
: Florida Fish and Wildlife Conservation
: Commission states as the intended propose of
: the program.
:
: According to the Florida Fish and Wildlife
: Conservation Commission’s Web Site, The
: quoted purpose of the “pilot program” is to;
: a. Promote the establishment and use of
: public mooring fields.
: b. Promote public access to the waters of
: this state.
: c. Enhance navigational safety.
: d. Protect maritime infrastructure.
: e. Protect the marine environment.
: f. Deter improperly stored, abandoned, or
: derelict vessels.
: And there is a reason why the Florida Fish
: and Wildlife Conservation Commission does
: not refer to this program as intended to let
: communities in the designated areas to
: regulate overnight and long-term anchoring
: by vessels.
:
: That reason can be found in Maritime Law
: shown in the definition provided by the EPA.
:
: That definition can be found at
: http://www.epa.gov/oem/content/spcc/spcc_nov08waters.htm
: and states; The term "navigable
: waters" of the United States means
: "navigable waters" as defined in
: section 502(7) of the FWPCA, and includes:
: (1) all navigable waters of the United
: States, as defined in judicial decisions
: prior to the passage of the 1972 Amendments
: of the Federal Water Pollution Control Act,
: (FWPCA) (Pub. L. 92-500) also known as the
: Clean Water Act (CWA), and tributaries of
: such waters as; (2) interstate waters; (3)
: intrastate lakes, rivers, and streams which
: are utilized by interstate travelers for
: recreational or other purposes; and (4)
: intrastate lakes, rivers, and streams from
: which fish or shellfish are taken and sold
: in interstate commerce.
:
: If we take the time to read the information
: from FWC regarding this program, we know
: this will be an unenforceable legal
: minefield for the Counties and Cities that
: use the disguise of this program in an
: attempt to limit anchoring rights. As when
: a County or City enacts anchoring
: restrictions they will face the same legal
: dilemma as the Cities have faced and lost in
: the past.
:
: If the State of Florida wanted to Promote
: the establishment and use of public mooring
: fields, they would provide education
: throughout the Boating community. They could
: provide seminars and material at such places
: as West Marine, Bass Pro Shops, etc. In
: addition the cities and counties could
: operate the mooring fields in a manner which
: draws vessels into using them.
:
:
: If the State of Florida wanted to Promote
: public access to the waters of this state.
: This is an interesting statement. This is
: already being done through hotels and
: resorts. And again, this can be more cost
: effective through Web Sites and material
: provided to such places as West Marine and
: Bass Pro Shops.
:
: If the State of Florida wanted to Enhance
: navigational safety. This again is an
: interesting statement and can only be done
: through education and an increased number of
: Officers on the water.
:
: If the State of Florida wanted to Protect
: maritime infrastructure, first they would
: need to completely define Maritime
: Infrastructure. Not an unlimited subjective
: definition.
:
: If the State of Florida wanted to Protect
: the marine environment they would first pass
: a bill outlawing the usage of two (2) stroke
: marine engines which output oils into the
: water. In addition, in order to protect the
: marine environment one must look at the
: largest contributors to damage. Such as,
: but not limited to, the BP oil rigs. It has
: also been shown a major contributor of
: damage to the marine environment is not the
: boaters, but is instead the fertilizers and
: pesticide runoff from properties on the
: water fronts.
:
: If the State of Florida wanted to Deter
: improperly stored, abandoned, or derelict
: vessels they must put more Officers on the
: water especially during evening and night
: time hours. It only takes minutes to pull a
: derelict vessel into given waters, such as
: Lake Surprise in Key Largo, Sisters Creek in
: Marathon to name two. The only way to
: reduce or prevent this is Officers on the
: water.
:
: I have found through out the years, in given
: industries regulated by the State of
: Florida, the problem is when obtaining a
: license such as a Contractors, Real Estate,
: Mortgage Broker, etc, the testing to obtain
: these licenses only go so far as to ensure
: the person knows the law, not the nuances
: within the industries. The same can be said
: about new boaters coming onto the waterways.
:
: Even most of the Power Squadrons, as
: beneficial as they are, do not provide
: instructions on proper anchoring or even the
: damage caused by their vessels to other
: boats and the marine environment.
:
: I have rode out, at anchor, Cat 1, 2 and Cat
: 3 Hurricanes. I have not been blown into
: the mangroves or any other objects due to my
: lack of proper anchoring.
:
: Today we have far more vessels on the water
: competing for space and usage of our
: waterways, then years in the past. Yet very
: little has been done to ensure these new
: boaters are educated in the proper usage of
: their vessel other then to promote the
: mandatory usage of safety equipment onboard
: the vessel. I have seen too many vessel
: operated in unsafe manners while making way
: and/or even at anchor.
:
: Rather than provide a means, in which Cities
: and Counties will face costly legal
: challenges, there are ways to accomplish the
: Goals set forth by the State of Florida and
: as shown on the Florida Fish and Wildlife
: Conservation Commission’s Web Site.
:
: These concerns are best be addressed by
: required education as regarding the safe
: operation of a vessel, the proper anchoring
: of vessels, damage caused by a vessel to
: other boats and the environment cause by a
: vessels wake, and by increasing the number
: of Officers on the water.
:
: What is currently proposed will do nothing
: more then place a legal challenge between
: the State, Counties, and Cities against the
: boating public. It will do nothing to meet
: the Goal they prescribe to wanting.
:
:
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