Annual spring rains routinely cause the Withlacoochee River to rise. This condition creates a danger to vessels transiting the area. Objects previously well above the water and objects previously on dry land become wholly or partially submerged and ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety

RULE NO: RULE TITLE
68D-24.109: Withlacoochee River Boating Restricted Areas
PURPOSE AND EFFECT: Annual spring rains routinely cause the Withlacoochee River to rise. This condition creates a danger to vessels transiting the area. Objects previously well above the water and objects previously on dry land become wholly or partially submerged and create hazards to navigation. These objects include without limitation: Waterway markers, bollards and piles, docks and wharves, electrical and telephone wires, utility poles, trees and stumps, fences, dwellings, boat houses, and sheds. The turbulent and muddy waters cause boats to allide dangerously upon submerged objects without warning. Restricting operation to steerageway speed will mitigate the dangers and damages associated with such allisions. Limiting vessel operation to speeds no greater than Idle Speed No Wake is necessary to allow vessels additional opportunity to assess the situation and to avoid dangers.
Vessel operation at speeds greater than IDLE SPEED NO WAKE also endangers persons in or near the river. Floodwaters submerge accustomed footpaths and handholds. These submerged areas could cause persons to slip and fall, perhaps into the river. Under these circumstances, there is a substantial likelihood of injury or death.
There is general concurrence from Citrus, Hernando, Marion and Sumter Counties, the Florida Fish and Wildlife Conservation Commission in Lake City and Ocala, Florida, the Boating and Waterways Section, the United States Coast Guard, and the United States Army Corps of Engineers to proceed with this rulemaking.
SUMMARY: This amendment will expand the existing Idle Speed No Wake zone along the Withlacoochee River at Camp Izzard Boat Ramp, Sherwood Forest, Turner Camp, the Citrus/Hernando County line, Silver Lake and the CSX railway trestle. This amendment will also provide for using a newly established monitoring device which will greatly enhance the turnaround associated with flooding conditions on the river.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 327.04, 327.46 FS.
LAW IMPLEMENTED: 327.46 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting, September 13, 2007, 8:30 a.m. – 5:00 p.m.
PLACE: Hilton Hotel, 333 First Street South, St. Petersburg, FL 33701
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least five (5) days before the workshop/meeting by contacting: The ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Captain Alan Richard, Assistant General Counsel, Florida Fish and Wildlife Conservation Commission, General Counsel, [phone], extension 17172, 620 South Meridian Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 68D-24.109 follows. See Florida Administrative Code for present text.)

68D-24.109 Withlacoochee River Boating Restricted Areas.

For the purpose of regulating the speed and operation of vessel traffic during flood conditions on and adjacent to the Withlacoochee River within Citrus, Hernando, Marion, and Sumter Counties, the following boating restricted areas are established:

(1) Idle Speed No Wake and River Closure Restriction Segments.

(a) Big Flat Rock at Mile Marker 9 to Camp Izzard Boat Ramp Segment at Mile Marker 24:

1. All waters in and adjacent to the Withlacoochee River from shoreline to shoreline, from the Big Flat Rock (29.00.920N / 082.24.658W) south to Mile Marker 24, located at Camp Izzard Boat Ramp for a distance of 4.5 miles. This idle speed no wake restriction shall be active and enforceable only when the water level of the Withlacoochee River is measured at the USGS Holder gauge number (02313000) at 7.0 feet and will remain in effect until the river recedes below 7.0 feet.

2. When the Withlacoochee River is measured at the Holder gauge number (02313000) at 10.0 feet, the river in this area will be closed to all vessel traffic except emergency, law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity, as depicted in Drawing A.

3. As river levels recede below 10.0 feet, the river will reopen to all vessel traffic at idle speed no wake. When the river recedes below 7.0 feet, the speed will be Resume Normal Safe Operation.

(b) Camp Izzard Boat Ramp at Mile Marker 24 to Mile Marker 30 Segment:

1. All waters in and adjacent to the Withlacoochee River, from shoreline to shoreline, from Mile Marker 24 located at Camp Izzard Boat Ramp south to Mile Marker 30 for a distance of 6.0 miles. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the Withlacoochee River is measured at the USGS Holder gauge number (02313000) at 6.0 feet and will remain in effect until the river recedes below 6.0 feet.

2. When the Withlacoochee River is measured at the Holder gauge number (02313000) at 9.0 feet, the river in this area will be closed to all vessel traffic except emergency, law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity, as depicted in Drawing B.

3. As river levels recede below 9.0 feet, the river will reopen to all vessel traffic at Idle Speed No Wake. When the river recedes below 6.0 feet, vessel speed will be Resume Normal Safe Operation.

(c) Turner Camp at Mile Marker 34 to Mile Marker 35A Segment:

1. All waters in and adjacent to the Withlacoochee River shoreline to shoreline, from Mile Marker 34 to Mile Marker 35A (28.53.722N / 082.16.231W) for a distance of 1.35 miles. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the Withlacoochee River is measured at the USGS SR 44 gauge (02312722) at 38 feet and will remain in effect until the river recedes to below 38 feet.

2. When the Withlacoochee River is measured at the USGS SR 44 gauge (02312722) at 41 feet, the river in this area will be closed to all vessel traffic except emergency, law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity, as depicted in drawing C and D.

3. As river levels recede below 41 feet, the river will reopen to all vessel traffic at Idle Speed No Wake. When the river recedes to below 38 feet, the speed will be Resume Normal Safe Operation.

(d) Squire Court at Mile Marker 38 to Mile Marker 41 at Shawnee Trail Segment:

1. All waters in and adjacent to the Withlacoochee River from shoreline to shoreline, from Mile Marker 38 at Squire Court, south to Mile Marker 41 at Shawnee Trail for a distance of 3.4 miles. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the Withlacoochee River is measured at the USGS SR 44 gauge (02312722) at 38 feet and will remain in effect until the river recedes to below 38 feet.

2. When the Withlacoochee River is measured at the USGS SR 44 gauge (02312722) at 41 feet, the river in this area will be closed to all vessel traffic except emergency, law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity, as depicted in Drawing C and D. As river levels recede below 41 feet, the river will reopen to all vessel traffic at Idle Speed No Wake.

3. As river levels recede below 41 feet, the river will reopen to all vessel traffic at Idle Speed No Wake. When the river recedes to below 38 feet, the speed will be Resume Normal Safe Operation.

(e) Citrus/Hernando County Line to Mile Marker 61 Segment:

1. All waters in and adjacent to the Withlacoochee River, from shoreline to shoreline, from the Citrus/Hernando County line south to Mile Marker 61. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the Withlacoochee River is measured at the USGS Croom gauge (02312500) and will remain in effect until the river recedes to below 9.0 feet.

2. When the Withlacoochee River is measured at the USGS Croom gauge (02312500) at 11.0 feet, the river in this area will be closed to all vessel traffic except emergency, law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity, as depicted in Drawing E. As river levels recede below 11.0 feet, the river will reopen to all vessel traffic at Idle Speed No Wake.

3. When the river recedes to below 9.0 feet, vessel speed will be Resume Normal Safe Operation.

(f) Silver Lake at Mile Marker 64 to CSX Railway Trestle at Mile Marker 67 Segment:

1. All waters in and adjacent to the Withlacoochee River, from shoreline to shoreline, from the Silver Lake Park boundary line, at Mile Marker 64, south to 500 feet north of the fender system of the CSX railway trestle at Mile Marker 70, for a distance of 7.0 miles. This Idle Speed No Wake restriction shall be active and enforceable only when the water level of the Withlacoochee River is measured at the USGS Trilby gauge (02312000) at 12.0 feet and will remain in effect until the river recedes to below 12.0 feet.

2. When the Withlacoochee River is measured at the Trilby gauge (02312000) at 15.0 feet, the River in this area will be closed to all vessel traffic except emergency, law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity, as depicted in Drawing F. As river levels recede below 15.0 feet, the river will reopen to all vessel traffic at Idle Speed No Wake.

3. When the river recedes below 12.0 feet, vessel speed will be Resume Normal Safe Operation.

(2) The boating restricted areas are depicted in the following drawings:

 

 

 

Specific Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 2-10-97, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ms. Tara Alford, Management Analyst, Boating and Waterways Section, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Colonel Julie Jones, Director, Division of Law Enforcement
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 13, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 18, 2007