J. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 19, 2007
Division: Growth Management
Bulk Item: Yes
No --L
Department: Planning & Environmental Resources
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Presentation by the American Watercraft Association regarding boating rights in Biscayne National
Park (Park), and a request for the Board to provide a letter to the Superintendent of the Park to open the
Intracoastal Waterway (JCW) to all registered vessels.
ITEM BACKGROUND:
Personal Water Craft (PWC) are currently prohibited from using the ICW through Biscayne Bay by the
Park. At its August 7, 2007 meeting the Marine and Port Advisory Committee (Committee) heard a
presentation by Peggy Mathews representing the American Watercraft Association regarding the Park
ban on PWC operation along the ICW. The Committee reviewed numerous letters from citizens and
agencies and approved a recommendation to the Board (6-4) to send a request to the Park to allow the
use of the ICW to all registered vessels, including PWc.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COUNTY: NI A
SOURCE OF FUNDS:_
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required __~
DISPOSITION:
AGENDA ITEM #
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County of Monroe
Growth Management Division
,\1arine Resources Office
Suite #420
2798 Overseas Highway
Marathon FL 33050
Voice: (305) 289-2805
FAX (3()5) 289-2536
Board of Countv Commissioners
Mayor Charles "Sonny" McCoy, Dls1. 3
Mayor Pro Tem Mario DiGennaro. Dis1. 4
George :'-Jeugent. Dis1. 2
Dixie Spehar, Drst, I
Sylvia J. Murvhy, Dls1. 5
1f'e strive to he carillg, professiollal alld fair
DATE:
December 4, 2007
TO:
County Administrator and County Commissioners
FROM:
Richard Jones
SUBJECT:
Navigational rights in Biscayne National Park
Staff was recently approached by Peggy Mathews, representing the American Watercraft Association,
regarding navigational rights in Biscayne National Park (Park). Ms. Mathews is contacting the counties
adjacent to the Park to make them aware of a perceived issue regarding the Park exceeding its authority
by not allowing certain yessels (i.e. Personal Watercraft) to traverse Park waters yia the Intracoastal
WatelWay (ICW).
Staff is concerned that prohibiting the use of the ICW for a specific type of vessel infringes on
navigational rights, and may create a greater safety concern by forcing PWC operators to venture
offshore to transit between Dade and Monroe Counties. The Florida Fish & Wildlife Conservation
Commission has indicated the same concern and has requested that the Superintendent of the Park
reconsider his position on the PWC ban.
The Marine & Port Advisory Committee has recommended that the Board of County Commissioners
draft a letter to the Park to eliminate the ban on PWC operation on the JCW through the Park. Staff
supports this recommendation.
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June 16, 2006
Ken Haddad
Executive Director, Florida Fish and WIldlife Conservation Commission
620 South Meridian ~ -k. ,/,-
Tallahassee, Florida 32399-1600
RE: Biscayne National Park - Boating Safety
Dear Mr. Haddad:
On behalf of the American Watercraft Association (A W A), this Jetter is to request Florida
Fish and Wildlife Conservation Commission's (FWCC) position on the closure of the
Intracoastal Waterway nCW) through Biscayne National Park to Personal Watercraft
(PWC). The closure creates a boating safety hazard for PWC riders traveling to and from
the Florida Keys. Furthermore, the A WA request FWCC as Florida's boating safety
agency, to express concern over the closure and require Biscayne NP Superintendent
It Lewis to provide a safe route through the park: for PWC riders.
The JCW runs the entire length of the park: and is an important boating highway for both
commercial and recreational vessels, as it affords sheltered and unobstructed access from
Miami to the Florida Keys.
However, the PWC ban in the park and the closure of the 17-mile stretch of the JCW
mandates PWC riders to operate beyond reef tract in the Atlantic Ocean. This places
PWC riders in UDIleeessa:ry danger by requiring small vessels to operate offshore. PWC
are not designed and the PWC industry does not reconnnend the operation ofPWC
offshore, but the closure of the JCW forces PWC riders into the open ocean.
A W A is a nationwide PWC gTaSSroots organization defending the freedom to ride. There
are nearly 20,000 registered PWC in Dade, Monroe and Broward Counties. Being denied
safe passage on the JCW through Biscayne National Park un:fuirly and adversely impacts
thousands of boating families.
A WA looks forward to receiving FWCC's position on the closure ofthe JCW as a
boating safety issue and Superintendent Lewis' response to FWCC's request to providing
a safe route through the park for PWC riders.
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A W A appreciates your attention to this boating safety issue.
Respectfully,
1,&-,J<Yv1 ~~I;~-:s
Peggj.N1att{ews
American Watercraft Association
Florida Representative
Attachments:
National Boating Safety Advisory Council Resolution (Passed November 2005)
JRIDA FISH AND WILDLIFE CONSERVATION COMMISSION
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RODNEY BARRETO
Miami
KATHY BARCO
J ac.ksonville
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
Enterprise
DAVID K MEEHAN
St. Petersburg
RICHARD A. CORBETT
Tampa
BRIAN S. YABLONSKI
Tallw888e
KENNETH D. HADDAD, Executive Director
VICTOR J. HELLER. Assistant Executive Director
DMSION OF LAW ENFORCEMEN'I
COLONEL JULIE JONES, Director
LT. COLONEL JIM BROWN, Deputy Director
LT. COLONEL DON HOLWAY, Deputy Director
LT. COLONEL JIM McCALLISTER, Deputy Director
LT COLONEL MIKE WlWI, Deputy Director
(850)488-fj251, TDD (860) 488-9642
July 7,2006
Ms. Peggy Mathews
American Watercraft Association
Florida Representative
1520 Big Sky Way
Tallahassee, FL 32317
Dear Ms. Mathews:
It
The Florida Fish and Wildlife Conservation Commission (FWC) has considered your request
offered on behalf of the American Watercraft Association, dated June 16,2006, pertaining to
boating safety issues resulting from the closure of all waters within the boundaries of Biscayne
National Park to personal watercraft operation. As the lead agency responsible for Florida's
recreational boating safety program and the enforcement of boating laws within our state, it is
appropriate that we provide the following comments.
The FWC supports responsible efforts to protect Florida's environment while ensuring a wide
variety of safe and enjoyable recreational opportunities for Florida's residents and visitors. On
the other hand, regulations that create an unreasonable and unnecessary safety risk to outdoor
users should be reevaluated and modified appropriately. The National Park Service's (NPS's)
restriction from free and unobstructed safe passage for personal watercraft operators desiring to
use the Intracoastal Waterway (JCW) through Biscayne National Park is one such regulation.
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The prohibition against personal watercraft within Biscayne National Park's boundary, including
the 17 -mile stretch of JCW that traverses the park, creates an unreasonable and unnecessary
safety risk to personal watercraft riders. Instead of being able to enjoy the safe inside passage
afforded by the JCW, personal watercraft riders wishing to ride from Miami to points south
(including the Florida Keys), are forced well beyond the nearest shoreline and into a long stretch
of open Atlantic Ocean. Requiring such measures by personal watercraft riders while the JeW's
protected waters are both federally designated for such safe passage and are readily available for
use by all other types of vessels is a regulation that should be reevaluated based on elevated
safety risks to personal watercraft riders.
620 South Meridian Street . Tallaha_ . FL . 32399' ISOO
Viait MyFWC.com
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Ms. Peggy Mathews
Page Two
July 7, 2006
The FWC will again initiate communication with the managers of Biscayne National Park to
encourage consideration of enacting alternatives that will both protect the natural resources
within the park and afford all vessel operators and their passengers with free and unobstructed
safe passage intended by both state and federal law.
jj/nn
cc: Kenneth D. Haddad
Lt. Colonel Jim Brown
: .1ce;elY,
~J9:::
Director, Division of Law Enforcement
620 Soutb Meridian Street . Tallana_ . FL . 32399' 1600
Viait MyFWC.com
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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
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DAVID K. MEEHAN
St. Peterabuq
BRIAN S. YABLONSKI
TA""h......
RODNEY BA.RRETo
Miami
KATHY BA.RcO
Jaeboo.ville
SANDRA T. KAUPE
Palm Beach
BICHABD A. OORBETT
Tampa
H.J.. "HERKY'" IiTJF'FM.AN
EntezpriM
KENNBTB: D. HADDAD. ~ DndI:Ir
VICl'O:a J. R:Sl.L&B, Aaiatut ~ Dinc:tar
OFFICE OF TB:! EX!CtmVE DIRECTOR
C8llQ) C81'3196 TDD (850.) _-9142
July 25, 2006
Mr. Marie Lewis
Superintendent
Biscayne National Parle
9700 SW 328 Street
Homestead, FL 33033
Dear Superintendent Lewis:
The Florida F"ISh and Wildlife Conservation Commission (FWC) is hereby submitting a formal
petition to the National Parle Service (NPS) pertaining to the prohibition against personal warereraft
(pWC) within the 17-mile stretch oflnfracoasta1 Waterway (JCW) that traverses Biscayne National
Parle.. We are requesting the initiation of rn1emalcing to eliminate "the current prohibition in order to
reduce signi1icant boating safety concerns. This request is consistent with our agency concerns
expressed to you on September 27, 2005, when Lt Colonel Jim Brown and South Regional Director
Chuck Collins met with you.
It is our contention that the exclusion ofPWC within the Biscayne National Part's boundary,
specifically the 17-mile stretch of JCW that traverses the Parle. creates an IIIlR:aSOnable and
unnecessary safety risk to PWC riders. Instead of being afforded safe inside passage provided by the
ICW, PWC riders wishing to ride from Miami to points south (including the Florida Keys) and back
are forced well beyond the nearest shoreline and into a long stretch of open Atlantic Ocean. The
protected waters within the JCW have been fcderaUy designated for safe passage and are readily
available for use by all vessels in the remainder of the state.
We request that the NPS initiate nt.Iema1cing to allow PWC opemtion, specifically within the limits of
the JCW passing through the Park, as quickly as possible. We thank you for your consideration. If
you would like to discuss this matter further, please contact Major Paul Ouellette, Boating and
Watervvays Section Leader, at (850) 410-0656. ext. 17153.
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Kenneth D. Haddad
Executive Director
khlnn
cc:
Colonel Julie Jones
Lt Colonel Jim Brown
620 South Meridian Street .. Tall.~ Florida .. 32399- 1600
Visit MyFWC.com
Mr. Mark Lewis
Pilge 2
July 25, 2006
Bee: Jim Antista
Chuck ColI ins
Maj or Brett Norton
Major Paul Ouellette
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United States Department of the Interior
National Park Service
Biscayne National Park
9700 S. W. 328th Street
Homestead, Florida 33033-5634
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SEP a 7 2006
Mr. Kenneth D. Haddad
Executive Director
Florida Fish and Wildlife Conservation Comm.ission
620 Sooth Meridian Street
Tallahassee, FL 32399-1600
BOATING SAFETy 8,
WATERWAY MAi'i.ll,GHvIE:\i:
Dear Mr. Haddad.
Thank you for your letter of July 25,2006. requesting we reconsider the National Parle Service (NPS)
prohibition on personal watercraft (PWC) within the boundaries ofBiscayne National Park, and initiate
rulemaking to eliminate that prohibition.
Personal watercraft are managed in accordance with National Parle Service (NPS) regulations
promulgated six years ago. As personal watercraft use began to expand throughout the 19908. the NPS
began studying the impacts of this use. During this review. Over 20,000 public COmments were
received. 'The determination of impacts and the appropriateness of use were based on these comments.
legislation applicable to the NPS. specific parle: establishment guidelines. and general policies
governing uses in national park: areas. A determination was made that absent specific designation, the
use of personal watercraft in units of the National Park System is prohibited, although some seashore
units and recreation areas could be designated. A decision was made to prohibit personal watereraft at
Biscayne National Parle based upon these factors.
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You have specifically asked that we reconsider PWC use along the approximately 17 mile portion of
the Intracoastal Waterway (ICW) that traverses through the heart of the parle. In addition to the de
facto opening of the park to PWC's this action would require, there are also significant safety issues
invoJved. and we believe there would be a need for increased park ranger presence which the park
cannot currently support.
PWC's are typically much smaUer than other boats. especially boats using the fCW. For this reason.
we believe PWC's would experience COmpromised safety due to the wake from large vessels in the
JCW or the operators may try to avoid them by deviating into other portions of the parle. Navigational
markers along the ICW are spaced approximately 5 miles apart, making it very difficult to see from
one marker to the next, thus making them impractical for PWC users to follow, especially since PWC
users do not nonnaJJy carry charts or navigational equipment, as cODventiona) motorboat opeI"ators do.
And rmally, jf PWC's were to stay within the JCW while in the park. they would be unable to access
public marinas and fuel.
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TAKE PFuD~
fNAMERfCA~
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We continue to believe there are legitimate concerns regarding resource impacts and public safety that
are relevant to personal watercraft use. At Biscayne National Park, these include impacts to fragile
natural areas, including sbalIow sea grass :flats and coral reefs. The park is also concerned with
potential impacts to the federally endangered manatees that frequent the part:, the world-renowned
areas recognized for bonetiSh, and visitor conflicts between fishennen and personal wat:ereraft users.
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For these and other reasons. the National Park Service has determined that the initiation of rulemaking
to eliminate that prohibition on PWC use in the JCW would also not be a prudent use of limited
resources.
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Thank you for your continued interest in the National Park Service and Biscayne National Park.
PJeasefee1 free to contact me on this or other matters at 305-230-1144.
Sincerely,
)(d~
Mart Lewis
Superintendent
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February 5, 2007
Honorable Josephus EggeUetion, Jr., Mayor
Broward County Board of County Commissioners
I 15 S. Andrews Avenue
Fort Lauderdak; FL 3330 I
Re: Penoul Watereraft Use otbtneoastal Watenqy ia Bbeay.e Natioul Park
Dear Mayor EggeIJetioo;
It has come to the attention of the Broward County Marine Advisory Committee (MAC) that the National
Parle Savice has prohibited personal watercraft (pWC) ftom using the 17 mile stretch of IntracoestaJ
Waterway that traverses Biscayne National Park. The MAC, at their February I, 2007 meeting, unAn~ly
passed a motion, in support PWC's use of the IntracoestaJ Waterway in Biscayne National Part. This would
permit safe passage to the Florida Keys instead of forcing PWC oppemtors to use the open Atlantic Ocean.
The current prohibition of PWC use of the IntracoestaJ Waterway aeates unsafe boating coocfitions and
unnecessairJy endangezs PWC operators and their passengers.
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The motion is as follows: TII~ Bl'Owfl1't/ CoulIty MIlI'bu Advisory Co1lUllJttu ncollUlftUUb to fu ~,."WiU't/
COIlIIty Bo",d of COIlIIty Co1lf1lfb6lD1Ien, IIIIIt tile CoIurt.1 CIJ:~II IIIIppon dI~ FIorlU FIM tIIIII
Wl/J/Jlf~ CoIlHl'VtltJoII Colllllllasloll (FFWCC) lit Ita "'0111 to i1rJtJIIU ,.,,14 lIUIibrg to ttI/ow PWC Dpe/'tItJo"
Oil tJu IIltl'tlcotut4J Wlltnwq lit BIscI1yIU PII1'i. AttAl'1ted is a letter from the Executive Director of the
FFWCC to the Stlper'irttendem of Biscayne National Park in support of the rule change. We would appreciate
if the County Commission could send a similar letter to Superint"'"<lem Lewis.
If you have any questions, please call me at 954-295-4255, or OW' staff Iiaisan, John R Fiore at 954-577-
4639.
Sincerely,
Daniel H. Yaffe
Chair
attadunent
c.
Broward County Board of County COm,..;.....iioners
Broward County Marine Advisory Committee
Pam Bragaccio. Broward County Administrator
Pamela Madison, Director, Broward County Office of Public and Governmental Relations
Larry Lietzke, Director, Comoamity Services Depu~
Bob Harbin, Director, Broward County Parks and Recreation Division
Jaime Plana, Superintendent, Planing & Design Sect, Broward County Parks & Recreation
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Div.
National Safe Boating Council
<<Safer Boating Through Education and Outreach"
P.O. Box 509 Briz,<ow, 'l.A. 20136 Ph: 703-361-4294 Fax: 703.361.5294
November 2, 2007
Mary Bomar, Director
National Park Service
U. S. Department ot'Interfor
1849 C Street, N.W. Room 3113
Washington, D. C.
Dear Ms. Bomar:
.'
This relier comes to you as a public inquiry to a policy f understand that Is in place
concerning Personal Watercraft (PWC) operation within the boundaries of 8iscayne
National Park. I understand operation of personal watercraft is prohibited in this
area. This prohibition includes the intra-cMstal waterway. Please explain the
reasons, be they safety or environmental, for this exclusion.
I have been informed recently of this exclusion by a number of member groups of
the National Safe Boating CounciL Their concern is based on the expectation that a
boater operating a pwe must navigate outside of the protected bay area of the IeW
and travel beyond the boundary of the navigable ICW waters which lie within the
park boundaries in order to travel through to the other side of the park. It is my
understanding that no other recreational boat type has been prohibited from using
the ICW. Being somewhat familiar with the open waters beyond the few it is my
profession!1 opinion this could present an undue safety risk and unnecessary threat
to human life. fm certain that Isn't what the National Park Service wants to create.
Is there some way to permit passage through the ICW Within the bay that doesn't
interfere with your reasons for this restriction? With your response, I wish to
satisfactorily explain this safety concern.
Thank you. I anxiously await your response $0 I may be of assistance to clarify this
safety Issue.
RespectfUlly,
16i1/!~L
Executive DIrector
National Safe Boating Council
Cc: Mark Lewis
www.safeboatingcOlmcil.org
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~ ~ NATIONAL ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS
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November 21,2007
Mr. Mark Lewis
Superintendent
Biscayne National Park
9700 SW 328 Street
Homestead, FL 33033
Dear Mr. Lewis:
On behalf of the National Association of State Boating Law Administrators (NASBLA), I am writing to inquire as
to the prohibition against personal watercraft (pFC) within the 17 -mile stretch of the intercoastal waterway that
transverses Biscayne National Park. Please explain why this prohibition exists against PWCs and whether or not a
ruJemaking process may be initiated in order to lift this prohibition, which we believe threatens boating safety in the
park.
NASBLA represents recreational boating safety professionals from each of the 56 U.S. states and territories. Our
mission is to strengthen the ability of the state and territorial boating authorities to reduce death, injury and property
damage associated with recreational boating and ensure a safe, secure and enjoyable boating environment. Our
members recognize recreational boating as perhaps the greatest and most enjoyable American pastime, and
encourage you to change the policy in Biscayne National Park which prohibits the use ofPWCs in furtherance of
keeping boating both enjoyable and safe.
We believe that forcing PWC operators out of the protected waters of the intercoastal waterway creates an
unnecessary risk to the health and safety of these boaters. It is our understanding that no other recreational boat type
has been prohibited from using the intercoastal waterway as it crosses the Biscayne National Park. Forcing any
boater out of the protection of the intercoastal into open ocean is unsafe and irresponsible. Responsible waterways
management would dictate that PWC operators be given the same rights of safe passage that all other recreational
boaters enjoy.
We would request that either Biscayne National Park change this policy immediately, or begin the rulemaking
process to do so with all due haste. The lives and well-being of the thousands of users who enjoy the park depends
on it. We appreciate your attention to this issue and we hope that you will act quickly in order to maintain the
highest levels of safety in Biscayne National Park. If we can be of any assistance in this matter, please do not
hesitate to contact me directly.
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Major John C. Fetterman
President, National Association of State Boating Law Administrators (NASBLA)
Headquarters OffIce
1500 Leestown Road. Suite 330
Lexington KY 40511-2047
PH: 859.225.9487 . FAX: 859.231.6403
www.nasbla.org
Washington Office
444 North Capitol Street NW, Ste 445-8
Washington DC 20001
PH: 202.434.4790 . FAX: 202.434.6403