The purpose of this rule is to reduce the incidence of vessel masts coming into contact with high tension power lines. Masts of sailboats and other masted vessels typically contact the high tension power lines when vessels drag anchor during storm ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety

RULE NO.:RULE TITLE:

68D-24.144Monroe County Boating Restricted Areas

PURPOSE AND EFFECT: The purpose of this rule is to reduce the incidence of vessel masts coming into contact with high tension power lines. Masts of sailboats and other masted vessels typically contact the high tension power lines when vessels drag anchor during storm events (hurricanes, winter storms, severe local thunderstorms), presenting grave danger to all persons aboard the vessel and to the vessel itself. These events also have caused power outages affecting thousands of customers in the Lower Keys and present life-threatening dangers to persons in hospitals and to other special-needs patients in the Lower Keys. The effect of this rule will be to prohibit the anchoring of sailboats and other vessels with masts within a portion of Pine Channel adjacent to high tension power lines.

SUMMARY: This rule will prohibit anchoring by sailboats and other vessels with masts within the area between Pine Key and Little Torch Key South of US 1, for a distance of approximately 6,000 feet.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to 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.

THE FISH AND WILDLIFE CONSERVATION COMMISSION WILL CONDUCT A PUBLIC RULEMAKING HEARING ON THE PROPOSED RULE DURING THE REGULAR MEETING OF THE COMMISSION TO BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: December 6-7, 2006, 8:30 a.m. – 5:00 p.m., each day

PLACE: Marriott Key Largo, 103800 Overseas Highway, Key Largo, Florida; [phone]

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in the hearing is asked to advise the Commission at least 5 calendar days prior by calling: ADA Coordinator, [phone]. If you are hearing or speech impaired, please contact the agency by calling [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Captain Alan S. Richard, Assistant General Counsel, 620 South Meridian Street, Tallahassee, Florida 32399-1600

 

THE FULL TEXT OF THE PROPOSED RULE IS:

68D-24.144 Monroe County Boating Restricted Areas.

(1) For the purpose of regulating the anchoring of vessels in and adjacent to the Pine Channel within Monroe County, the following boating restricted area is established:

Pine Channel – Anchoring of all sailboats and other vessels with masts is prohibited in Pine Channel, shoreline to shoreline, between Big Pine Key and Little Torch Key, from the centerline of U. S. Highway 1 south to a line drawn from the southernmost point on Little Torch Key to the southernmost point on Big Pine Key (a distance approximately 6,000 feet south of the centerline of U. S. Highway 1). If the overhead power lines are removed, the zone established in this paragraph shall no longer be in force or effect.

(2) The boating restricted area is depicted in drawing A:

 

 

Specific Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New____________.

 

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: September 14, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 6, 2006