68C-22.028. Flagler County Zones

(1)(a) The Commission hereby designates the waters within Flagler County, as described below, as areas where manatee sightings are frequent and where the best available information supports the conclusion that manatees inhabit these areas on a regular or periodic basis. The primary purpose of this rule is to protect manatees from harmful collisions with motorboats and from harassment by regulating the speed and operation of motorboats within these designated areas. A secondary purpose is to protect manatee habitat.

(b) In consideration of balancing the rights of fishers, boaters, and water skiers to use the waters of the state for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.), with the need to provide manatee protection, the Commission has examined the need for limited lanes, corridors, or unregulated areas that allow higher speeds through or within regulated areas. Such lanes, corridors, or areas are provided in those locations where the Commission determined they are consistent with manatee protection needs.

(2) The following zones are established, which include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, and other waterways unless specifically excluded or otherwise designated for more restrictive regulation. As used in this rule, ICW means the Intracoastal Waterway. Coordinates used in the descriptions of zone boundaries are referenced to the North American Datum of 1983 (NAD83) using the HARN Florida GDL Albers projection.

(a) SLOW SPEED (May 1 – September 7):

1. Hammock Dunes Parkway Area – All waters, including in the ICW channel, south of a line that bears 70° from a point (approximate latitude 29° 34' 49'' North, approximate longitude 81° 11' 34'' West) on the western shoreline of the ICW approximately 2,700 feet north of the Hammock Dunes Parkway Bridge, north of a line that bears 70° from a point (approximate latitude 29° 34' 21'' North, approximate longitude 81° 11' 21'' West) on the western shoreline of the ICW approximately 300 feet south of the Hammock Dunes Parkway Bridge, and east of the Palm Harbor Parkway Bridge;

2. North of Lehigh Canal Area – All waters east of the ICW channel south of a line that bears 70o through Red ICW Channel Marker “6” (approximate latitude 29° 30' 50'' North, approximate longitude 81° 09' 00'' West) and north of a line that bears 70° from a point (approximate latitude 29° 29' 59'' North, approximate longitude 81° 08' 41'' West) on the western shoreline of the ICW approximately 500 feet north of Lehigh Canal;

3. Lehigh Canal to State Road 100 Area – All waters of Lehigh Canal; and all waters, including in the ICW channel, south of a line that bears 70° from a point (approximate latitude 29° 29' 59'' North, approximate longitude 81° 08' 41'' West) on the western shoreline of the ICW approximately 500 feet north of Lehigh Canal and north of a line that bears 70° from a point (approximate latitude 29° 28' 34'' North, approximate longitude 81° 08' 12'' West) on the western shoreline of the ICW approximately 500 feet south of the SR 100 (Moody Blvd.) Bridge; and,

4. Vicinity of Gamble Rogers State Recreation Area – All waters, including in the ICW channel except as otherwise designated in paragraph (2)(b), below, south of a line that bears 70° through Red ICW Channel Marker “20” (approximate latitude 29° 27' 08'' North, approximate longitude 81° 07' 37'' West) and north of the Flagler County/Volusia County line.

(b) MAXIMUM 25 MPH (May 1 – September 7) – Those waters in the marked ICW channel south of a line that bears 70° from a point (approximate latitude 29° 26' 36'' North, approximate longitude 81° 07' 03'' West) on the western shoreline of the ICW approximately 900 feet north of Red ICW Channel Marker “22” and north of the Flagler County/Volusia County line.

(3) Maps depicting the zones described in this rule are available on the agency’s website at http://myfwc.com. The maps are intended only as visual aids and do not have regulatory effect; therefore, in the event of conflict between the maps and the descriptions of the zones provided by this rule, the rule text shall prevail.

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 6-13-12, Amended 5-24-16.