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I. INTRODUCTION
- CCA Florida is very opposed to the FWC staff recommendations which completely remove all of the Commission’s rule making policies, definitions and criteria which are used to insure that manatee zone restrictions do not result in an “undue interference” with the access rights of saltwater anglers and other boaters.
- The proposed removal of these “boaters rights” criteria, at a time when there are major confrontations over reasonable access for recreational fishing and boating, is both suspicious and unsettling. In our opinion, such recommendations are contrary to the positive actions that have been taken by the Commission to establish working relationships with waterway users.
II. COMMENTS
A. THERE HAVE BEEN STATUTORY AND ADMINISTRATIVE RULE REQUIREMENTS TO CONSIDER THE RIGHTS OF FISHERMEN AND BOATERS AND TO NOT “UNDULY INTERFERE” WITH SUCH RIGHTS FOR MANY YEARS.
- Chapter 370.12(2)(k) F.S. states in part that:
“It is not the intent of the Legislature to permit the commission to post and regulate boat speeds generally throughout the waters of the state, thereby unduly interfering with the rights of fishers, boaters, and water skiers using the areas for recreational commercial purposes.”
- Chapter 68C-22, F.A.C. states in part:
“The Commission shall not establish restrictions which may result in undue interference with the rights of boaters, fishermen and water skiers (as they apply, under Section 370.12(2)(j)F.S.”
- Chapter 68C-22, F.A.C. currently defines “Undue Interference” as follows:
“(21) Undue interference” (as used in Section 370.12(2)(j), F.S.), refers to a regulation which exceeds that which is warranted based upon all information available, either in degree or in geographic scope, for the protection of manatees in the waters subject to the regulation. A Commission regulation restricting the operation and speed of motorboat traffic is excessive if the regulation (a) encompasses a larger geographic area or time frame than is warranted for the protection of the manatee, (b) sets speed limits which are more restrictive than are warranted to protect the manatee, (c) encompasses an area where the Commission has not determined that a likelihood of threat to manatees exists, or (d) fails to provide limited lanes or corridors providing for higher speed motorboat travel, as called for in paragraph 68C-22.001(3)(b), F.A.C. Determination of the likelihood of threat will be made as set forth in paragraph 68C-22.001(3)(a), F.A.C.”
B. PREDICTABILITY VS. KNOW IT WHEN YOU SEE IT
All too often, manatee management issues are driven by opinions and emotion instead of measurable criteria. The State of
Florida
has already enacted more than one quarter of a million acres of manatee speed zones. FWC Commissioners and those who are regulated need to know what specific criteria are used by staff to determine where zones are warranted and where they are not.
C. IF FWC LACKS AUTHORITY TO DEVELOP CRITERIA, THEN THE COMMISSION SHOULD ASK LEGISLATURE FOR AUTHORITY
Last year, the manatee statute was substantially amended. At no time during the lengthy process and numerous workshops did the FWC raise any issues regarding it’s legislatively delegated authority to develop rules and criteria to implement statutory requirements.
III. RECOMMENDATIONS
· The Commision should not remove the boater rights policies, definitions and criteria from the current rules. The Commission should limit changes to those which are clearly technical or clarification amendments.
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