FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety
RULE NO.:RULE TITLE:
68D-24.003Management Provisions
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 205, October 20, 2023 issue of the Florida Administrative Register.
68D-24.003 Criteria for Establishing Boating Restricted Areas
(1) through (3) No change.
(4) When the Commission is determining whether a boating restricted area is necessary to protect public safety under the statutory criteria of boating accidents, visibility, hazardous water levels or currents, vessel traffic congestion, and/or other navigational hazard, the following data, as applicable, will be considered.
(a) through (c) No change.
(d) Vessel Traffic Congestion:
1. through 2. No change.
3. Unsafe levels of vessel traffic density or congestion for purposes of this subsection shall be considered based upon one or more of the following:
a. Accident reports – The following reports of boating accidents will be considered if prepared contemporaneously with the boating accident being reported and if such reports establish that vessel traffic congestion or the speed, wake, or operation of a vessel involved in the accident was a primary contributing factor in the accident:
(I). I. Florida Boating Accident Investigation Reports, FWCDLE form146 or Florida Boating Accident Self Reports, FWCDLE form146C both of which are incorporated by reference in Rule 68D-21.004(7), F.A.C. and may be obtained from Boating and Waterways Section, 620 South Meridian Street, Tallahassee, FL 32399-1600; or any official United States Coast Guard rReport form pertaining to boating accidents or casualty Recreational Boating Accident Report, form CG-3865; United States Coast Guard Report of Marine Casualty, Injury or Death, form CG-2692. The current versions of these forms are adopted by reference in subsection (7); prior editions of these forms are also acceptable. II. Law enforcement agency’s official offense or incident reports prepared and signed by an officer authorized under Section 327.70, F.S., to enforce the provisions of Chapters 327 and 328, F.S.
b. No change.
c. Vessel traffic studies substantially demonstrating that vessel traffic congestion or the speed, wake, or operation of vessels in the area create unsafe levels of vessel traffic congestion, a significant risk of collision, or a significant threat to boating safety. The Commission will accept and review may rely upon vessel traffic studies under this rule., Vvideo surveillance made during a vessel traffic study shall include a corresponding log documenting the number of vessels, vessel types, examples of careless or reckless operation of vessels, navigation rule violations, actions taken to avoid collisions, unsafe vessel speeds, near misses of navigational hazards by vessels, or any other specific criteria the applicant wants considered, along with relevant video time stamps for each item. present sufficient facts or data, are the product of reliable principles and methods, and apply the principles and methods reliably to the facts or data considered.
(I).1. When vessel traffic studies alone are relied upon to establish a boating restricted area, the Commission shall, at a minimum, rely on documentation of vessel traffic within the area for a minimum of fourteen (14) consecutive days.
(II).2. Vessel traffic studies will not be considered unless they identify the number of vessels transiting the proposed boating restricted area each hour for no less than six hours out of each twenty-four-hour period documented and identify the area of the study by longitude and latitude. When this minimum threshold is met, the Commission will evaluate the area taking all other relevant factors into consideration, including width of the waterway, vessel types using the waterway, navigational hazards, and will also consider evidence provided demonstrating the existence of other conditions specific to the proposed boating restricted area impacting vessel traffic or vessel operations.
3. renumbered (III). No change.
I. through V. renumbered (A) through (E) No change.
d. No change.
(5) The following forms are adopted and incorporated by reference:
1.Florida Boating Accident Investigation Report, form FWCDLE 146 (07/2010), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13212 and Florida Boating Accident Self Report, form FWCDLE 146C (07/2010), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13213 supplied by the Commission as provided in Sections 327.301 and 327.302, F.S. These forms may also be obtained from the Boating and Waterways Section, 620 South Meridian Street, Tallahassee, FL 32399-1600.
2. United States Coast Guard Recreational Boating Accident Report, form CG-3865 (Rev. 09/18), as provided in 33 C.F.R. §§173.55, 173.57, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13214. This form may also be obtained from Commandant (CG-5422), U.S. Coast Guard Headquarters, 2100 Second St. S.W., Stop 7581, Washington, DC 20593-7581.
3. United States Coast Guard Report of Marine Casualty, Commercial Diving Casualty, or OCS Related Casualty, form CG-2692 (Rev. 07/19), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13215. This form may also be obtained from the Coast Guard Sector Office, Coast Guard Marine Inspection Office or Coast Guard Group Office nearest the scene of the marine casualty, or from Commander, USCG Seventh District, Brickell Plaza Federal Building, 909 S.E. 1st Avenue, Miami, FL 33131-3050.
(6). Renumbered (5). No Change.
Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 8-30-83, Formerly 16N-24.03, Amended 6-14-93, Formerly 16N-24.003, 62N-24.003, Amended 6-12-00, 3-16-06, History __________________.
