HomeMy WebLinkAboutDocumentation_Regular_Tab 19_05/08/2008MANATEE ACTION
• Approximately 1987 PB County Department of Environmental Resource
Management applied for a Manatee Protection Plan with the State of Florida.
• Approximately 1990 Loxahatchee River Manatee Rules are adopted into Florida
Administrative Code.
• Approximately 1991 Florida Inland Navigation District Installed Manatee Zones.
• Approximately 1999 a manatee action group filed a lawsuit against the State of
Florida for not enforcing the manatee laws of the state.
• Approximately 2001 the State of Florida settled the lawsuit out of court with an
agreement to enforce the manatee laws and create more manatee zones (along
with other stipulations).
• Approximately November 2001, unaware of existing manatee protection, Mayor
Genco proposed a resolution to create manatee protection in the Intracostai
Waterway in Tequesta. The resolution was not agreed on.
• November 15, 2001 Manatee Season began (11 / 15 through 03/31)
• February 2002 meetings are scheduled between PBC DERM Group, FWC, DEP,
& FIND to discuss passible changes to the manatee laws in the Loxahatchee
Rivers.
Note: Neither the Village of Tequesta, The Village Council, nor The Village Mayor
has had any involvement in the manatee rulings in the Intracoastal Waterway or the
Loxahatchee Rivers. These laws have been in affect for approximately 10 years. The
only change is now the existing manatee Laws are being enforced.
Manatee law history obtained from Mr. Tamlin at FIND.
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1. Blue Hole Point Area: That portion of the main marked channel of the Atlantic Intracoastal Waterway and those waters
within 100 feet of the eastern and western boundaries of said channel, southerly of the Indian River County/St. Lucie County line,
and northerly of a line which bears North 77°00'00" East running through Green Atlantic Intracoastal Waterway Channel Marker
"171" (latitude 27°32'10" North, longitude 80°20'33" West), and;
2. North Fork St. Lucie River, Greenridge Point to Port St. Lucie Boulevard Area: Those waters of the North Fork St. Lucie
River lying between the general contour of the shorelines of the river (excepting associated and navigable tributaries, oxbows,
lakes, creeks, coves, backwaters, canals and boat basins, and those waters designated for alternative regulation under subparagraph
(2)(d)10.), northerly of a line which bears East from the easternmost tip of the peninsula between North Fork St. Lucie River and
Blakeslee Creek (approximate latitude 27°14'32" North, approximate longitude 80°19'16" West), and southerly of approximate
latitude 27°18'07" North (as depicted on Maps 5-6);
(3) 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 limitations and procedures for exemption
application shall apply:
(a) Exemptions shall be considered seasonally or year-round in zones, or portions of zones, described under subparagraphs
(2)(d)1. through (2)(d)9. and under paragraph (2)(f).
(b) A recipient of an exemption must maintain speeds of 20 MPH or less at all times within the restricted area and comply with
all conditions specified within the notice of exemption, under the provisions of this rule or subsection 68C-22.003(6), F.A.C.
(c) Exemptions granted will not apply on weekends and 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., shall be considered for an 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, 1300 Marcinski Road,
Jupiter, FL 33477 (telephone (407) 624-6935).
(4) Access to the NO ENTRY and MOTORBOATS PROHIBITED zones designated in paragraphs (2)(a) and (2)(b), above,
will be allowed as follows:
(a) Research vessels affiliated with the Harbor Branch Oceanographic Institute will be authorized access to the NO ENTRY
zone designated in paragraph (2)(a) for ingress and egress purposes only, in accordance with applicable provisions of Rule
68C-22.003, F.A.C.
(b) Operators of sailboats who are leasing dock space from the public marina within the seasonal MOTORBOATS
PROHIBITED zone designated in paragraph (2)(b) will be authorized access to said dock space for ingress and egress purposes
only, in accordance with subsection 68C-22.003(5), F.A.C.
(c) Exemptions for access to the zones designated in paragraphs (2)(a) and (2)(b), if applied for and granted, will be issued to
the owners of the respective upland facilities, with guest passes being issued for individual vessels. The owner/operator of the
upland facility shall be responsible for issuing guest passes to operators of vessels prior to said vessels entering the respective zones
and shall be responsible for informing recipients of guest passes of all applicable restrictions and requirements. For identification
purposes, guest passes must be prominently displayed on the vessel while the vessel is within the subject restricted area.
(d) Operators of vessels within the zones designated in paragraphs (2)(a) or (2)(b) are to take extreme care while operating
within the zones so as not to, either intentionally or negligently, molest, harass, injure, or otherwise harm manatees. Operators will
not be held harmless from any actions on their part that result in the harassment, injury or death of a manatee while operating their
vessels within these zones.
(5) The zones described in subsection 68C-22.008(2), F.A.C., are depicted on the following maps, labelled "St. Lucie County
Manatee Protection Zones" and dated July 1994, which shall replace all previously published maps. Maps provided are intended as
depictions of the above-described zones. In the event of conflict between the two, the above descriptions shall prevail.
SEE FLORIDA ADMINISTRATIVE CODE FOR "MAPS 1 THROUGH 9"
Specific Authority 370.12(2)0, (n), (o) FS. Law Implemented 370.12(2)0, (4)(n), (o) FS. History-New 3-19-79, Formerly 16N-22.08, Amended
8-16-94, Formerly 16N-22.008, 62N-22.008.
68C-22.009 Palm Beach County Zones.
(1) For the purpose of regulating the speed and operation of motorboat traffic within the following manatee protection areas
between the dates of November 15 and March 31 of each year, paragraphs (b), (d), and (e); year-round but
seasonally-differentiated, paragraph (g); and year-round, paragraphs (a), (c), and (f), the Palm Beach County manatee protection
zones are established as follows:
(a) IDLE SPEED ZONE (Year-round) -
- 38
1. All waters along the westerly side of Lake Worth, bounded to the north by the southern edge of the Port of Palrn Beach
Turning Basin, and that line representing its westward extension, west to the mainland; bounded to the south by an east-west line
one mile south of an east-west line drawn along the southern end of Peanut Island; bounded to the east by the western boundary of
the marked channel of the Atlantic Intracoastal Waterway; and bounded to the west by the western shoreline of Lake Worth, unless
otherwise designated under paragraph (1)(e).
2. All waters within 300 feet of the general contour of the shoreline, including associated backwaters and canals, along the
easterly side of Lake Worth from a straight line drawn from Lake Worth Inlet channel flashing red marker "10" through flashing
green marker "9" and southeasterly extension thereof, southeasterly to the shore of Palm Beach Island, south to an east-west line
one mile south of an east-west line drawn along the southern end of Peanut Island, excluding that partially marked navigation
channel south of Lake Worth Inlet along the easterly side of Lake Worth, running from daymark R " 2" to daymark R "6" and
thence southerly, paralleling the eastern shoreline (except as designated under paragraph (1)(b) for seasonal regulation).
3. All waters with a northerly limit being a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at
the northerly end of the fender system of the SR 707 Bridge, the easterly limit being a due north line drawn across Jupiter Inlet from
the western tip of the jetty at DuBois Park to the southwest corner of Jupiter Island (and including the small waterbody immediately
adjacent to and southerly of said jetty), the westerly limit being a line drawn perpendicular to the channel of the Loxahatchee River
at the northwest end of the fender system of the Florida East Coast Railroad Bridge adjacent to the SR 811 (Alternate A-1-A)
Bridge, and the southerly limit being a line drawn perpendicular to the channel of the Atlantic Intracoastal Waterway at the
southerly end of the fender system of the SR 706 (Indiantown Road) Bridge, including all waters of and tributaries to Sawfish Bay
and the Jupiter River, and excluding the main marked channel of the Atlantic Intracoastal Waterway.
(b) IDLE SPEED ZONE (Seasonal) -All waters of Lake Worth bounded to the north by a line drawn from Lake Worth Inlet
channel flashing red marker "10" running westerly along the line of channel markers marking the northern edge of the Port of Palm
Beach Turning Basin and westerly extension thereof, westward to the mainland; bounded to the northeast by a straight line drawn
from flashing red marker "10" through flashing green marker "9" and southeasterly extension thereof, southeasterly to the shoreline
of Palm Beach Island; bounded to the east by the eastern shoreline of Lake Worth; bounded to the west by the western shoreline of
Lake Worth; and bounded to the sotrth by an east-west line one mile south of an east-west line drawn along the southern end of
Peanut Island, which are not otherwise designated under paragraph (1)(e).
(c) SLOW SPEED (Year-round) -
1. All waters from a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the north end of the
fender system of the Palmetto Park Road Bridge, southward to the south end of the fender system of the Camino Real Boulevard
Bridge southerly of Lake Boca Raton, including all of Lake Boca Raton eastward to the Ocean Avenue (SR A-1-A) Bridge over the
Boca Raton Inlet.
2. All waters from marker "56" (lat 26°22'26.380" N, long 80°04'25.390" W) in the northerly end of Lake Wyman southward to
marker "63" (lat 26°21'38.240" N, long 80°04'25.670" W).
3. All waters along the westerly side of Lake Worth, bounded to the north by an east-west line one mile south of an east-west
line drawn along the southern end of Peanut Island; bounded to the east by the western boundary of the marked channel of the
Atlantic Intracoastal Waterway; bounded to the south by the Flagler Memorial Bridge (AlA); and, bonded to the west by the
western shoreline of Lake Worth.
4. All waters within 300 feet of the general contour of the shoreline from an east-west line one mile south of an east-west line
drawn along the southern end of Peanut Island south to the Lantana Avenue (SR 812) Bridge in Lantana, including those nearshore
waters within 300 feet of all islands, whether natural or manmade; excluding (a) the main marked channel of the Atlantic
Intracoastal Waterway, and (b) that partially marked navigation channel south of Lake Worth Inlet along the easterly side of Lake
Worth, running from daymark R " 2" to daymark R "6" and thence southerly, paralleling the eastern shoreline, south to Flagler
Memorial Bridge.
5. All waters within 300 feet of the general contour of the shoreline in the Loxahatchee River, including associated backwaters
and canals, from a line drawn perpendicular to the centerline of the Loxahatchee River at the northwest end of the fender system of
the Florida East Coast Railroad Bridge adjacent to the SR 811 (Alternate AlA) Bridge westward to the Loxahatchee River Road
Bridge (easterly end of the C-18 Canal) on the Southwest Fork, to the Martin County/Palm Beach County line on the Northwest
Fork, and to the Tequesta Drive Bridge on the North Fork.
6. All waters from the Martin County/Palm Beach County line southerly to a line drawn perpendicular to the centerline of the
Atlantic Intracoastal Waterway at the northerly end of the fender system of the SR 707 Bridge, excluding the main marked channel
of the Atlantic Intracoastal Waterway.
7. All waters within 300 feet of the general contour of the shoreline in the northerly end of Lake Worth from the AlA Bridge
south to the Blue Heron Boulevard Bridge, excluding the main marked channel of the Atlantic Intracoastal Waterway, and
including all associated backwaters and canals and the shorelines of Munyon Island and Little Munyon Island, and the shorelines of
all other islands, whether natural or manmade (unless otherwise designated), and including the additional waters described as
follows:
a. All waters bounded: on the northwest by a line from the northerly end of Munyon Island northeasterly to the eastern shore of
Lake Worth, measured along a perpendicular to said eastern shore; on the west by the eastern shores of Munyon Island and Little
Munyon Island, by a line drawn between them at the shortest distance, and by a line drawn from the southerly end of Little Munyon
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Island to the westerly extension of Pine Point Road (where said westerly extension intersects the eastern shoreline of Lake Worth);
and on the southerly and easterly by the shoreline of Lake Worth including the shallow northerly extension of these waters lying
easterly of A-1-A and southerly of Turtle Beach Road.
b. All waters northerly of the Blue Heron Boulevard (or Riviera Beach) Bridge, westerly of the marked channel of the
Intracoastal Waterway, and southerly of a line drawn from marker " 32" (lat 26°47'44" N, long 80°02'51.5" W), west to the
mainland.
8. All waters within 300 feet of the general contour of the shoreline, including associated backwaters and canals, along the
easterly side of Lake Worth from the Blue Heron Boulevard Bridge south to a straight line drawn from Lake Worth Inlet channel
flashing red marker "10" through flashing green marker "9" and southeasterly extension thereof, southeasterly to the shore of Palm
Beach Island, including those nearshore waters within 300 feet of Peanut Island and all other islands, whether natural or manmade;
excluding:
a. The Lake Worth Inlet easterly of a line running southward from the southwest comer of Singer Island to the southern shore
of the Inlet,
b. The Lake Worth Inlet Channel westerly of said line, and
c. The main marked channel of the Atlantic Intracoastal Waterway.
9. All waters within 300 feet of the general contour of the shoreline (including the shoreline of all islands, whether natural or
manmade), excluding the main marked navigation channel of the Atlantic Intracoastal Waterway, and including associated
backwaters and canals, on the westerly side of Lake Worth from the Blue Heron Boulevard Bridge south to a line of channel
markers marking the northern boundary of the Port of Palm Beach Turning Basin, and westward extension thereof.
10. All waters, including associated backwaters, from the Lantana Avenue Bridge (SR 812) in Lantana south to an east-west
line running through flashing red marker "52" approximately 0.6 mile northerly of the East Ocean Avenue Bridge in Boynton
Beach, excluding:
a. The Atlantic Intracoastal Waterway channel;
b. The area within 300 feet westerly of the western boundary of the Atlantic Intracoastal Waterway channel northerly of an
east-west line running through flashing red marker "48";
c. The area within 300 feet east of the eastern boundary of the Intracoastal Waterway channel from 300 feet southerly of the
southerly end of Hypoluxo Island to an east-west line drawn along the northern edge of Pine Island (or "Beer Can Island");
d. The portion of the backwater area to the east of Hypoluxo Island designated under sub-subparagraph (1)(c)11.g.; and
e. The marked east-west channel of Boynton Inlet from its confluence with the Atlantic Ocean west to the marked channel of
the Atlantic Intracoastal Waterway.
11. All waters within 50 feet of the general contour of the shoreline, including associated backwaters and canals unless
otherwise designated, and excluding the marked navigation channel of the Atlantic Intracoastal Waterway, as follows:
a. In Lake Worth Creek from the Indiantown Bridge (SR 706} southward to its confluence with Lake Worth;
b. In Little Lake Worth;
c. From an east-west line running through flashing red marker "52" approximately 0.6 mile northerly of the East Ocean
Avenue Bridge in Boynton Beach southward to marker "56" (lat 26°22'26.380" N, long 80°04'25.390" W), in the northerly end of
Lake Wyman in Boca Raton;
d. From the south end of the fender system of the Camino Real Boulevard Bridge southerly of Lake Boca Raton southward
approximately 1.3 miles to the Palm Beach County/Broward County line;
e. Along the northerly (Palm Beach County) side of the Hillsboro Canal (separating Palm Beach and Broward counties) from
the Atlantic Intracoastal Waterway west to the west side of Military Trail (SR 809);
£ That portion of the El Rio Canal from its intersection with the Hillsboro Canal north to SR 798;
g. Those backwaters east of Hypoluxo Island from the Lantana Avenue Bridge to a line 50 feet northerly of the north end of the
island lying easterly of the southerly end of Hypoluxo Island; and
h. From a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway running through marker "63"
southward to a line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway at the north end of the fender
system of the Palmetto Park Road (SR 798) Bridge.
12. All waters within the C-18 Canal from the Loxahatchee River Road Bridge westward to Structure 5-46.
13. All backwaters, canals and tributaries off of Lake Worth Creek, including those waterbodies known as Jonathan's Landing,
Admiral's Cove, and Frenchman's Creek.
14. All waters from the northerly confluence of the North Palm Beach Waterway and Lake Worth Creek (Intracoastal
Waterway) southward in the North Palm Beach Waterway to its confluence with the C-17 Canal (Earman River), westward in the
C-17 Canal to the saltwater intrusion dam (5-44) approximately 4100 feet west of the intersection of the North Palm Beach
Waterway and the C-17 Canal, and eastward in the C-17 Canal to its confluence with Lake Worth, inclusive of all connecting
waters southerly of the confluence of the North Palm Beach Waterway and the C-17 Canal.
15. All waters within the backwater area northerly of the Spanish River Boulevard Bridge in Boca Raton, westerly of the
Atlantic Intracoastal Waterway, and southerly of NE 51st Street and easterly extension thereof.
16. All waters of the North Fork of the Loxahatchee River from the Tequesta Drive Bridge north to the Martin County/Palm
Beach County line, excluding the main marked navigation channel.
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Manatee Season and Enforcement
Intracoastal Waterway:
South of CR707 to CR706 -idle speed (Year Round} (Florida
Administrative Code Rule #68C-22.009(1 a 3))
North of CR707 to Martin County Line -Manatee Zone, slow
speed, marked channel exempt (25 MPH in channel) (Year Round)
(Florida Administrative Code Rule #68C-22.009(1 c 6))
North Fork Loxahatchee River:
South of Tequesta Drive Bridge -Manatee Zone, slow speed -
Marked Channel Exempt (November 15t" to March 31St) (Florida
Administrative Code Rule #68C-22.009(1 d 3) and Manatee Zone, slow
speed within 300 feet of shore -Marked Channel Exempt (Year Round)
(Florida Administrative Code Rule #68C-22.009(1 c 5)
North of Tequesta Drive Bridge -Manatee Zone, slow speed -
Marked Channel Exempt (There is no Marked Channel north of
Tequesta Drive Bridge at this time -Area is a slow zone Year Round)
(Florida Administrative Code Rule #68C-22.009(1 c 16)
North West Loxahatchee River:
Manatee Zone, slow speed -Marked Channel Exempt (There is
no marked channel from Pennock Point to the Martin County Line -
area is a slow zone) (November 15t" to March 31St) (Florida
Administrative Code Rule #68C-22.009(1 d 2) and Manatee Zone, slow
speed within 300 feet of shore -Marked Channel Exempt (Year Round)
(Florida Administrative Code Rule #68C-22.009(1 c 5)