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Item B1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19, 2012 Division: Growth Management Bulk Item: Yes No X Department: Planning & Env. Resources Staff Contact Person: Richard Jones /289 -2805 AGENDA ITEM WORDING: Discussion and approval of an ordinance to be submitted to the Florida Fish and Wildlife Conservation Commission (FWC), in association with the FWC Pilot Program on anchoring and mooring and in partnership with the Cities of Marathon and Key West, 1) designating managed anchoring zones in specific geographic locations in Keys' waters (Sunset Cove, Boca Chica basin, Cow Key Channel, and Key West harbor) within which regulations are implemented (requirement of a USCG Auxiliary Vessel Safety Check (VSC) inspection, proof of pumpout and prohibition of floating structures), and 2) creating no- anchoring buffer zones adjacent to the public mooring fields in Key West and Marathon. ITEM BACKGROUND: At the September 21, 2011 BOCC meeting the Board directed staff to begin drafting an anchoring ordinance which would establish 1) managed anchoring areas with accompanying regulations, and 2) no- anchoring buffer zones adjacent to existing mooring fields at Key West and Marathon. At the January 19, 2012 BOCC meeting the Board gave further direction to staff to include managed anchoring zones at Sunset Cove, Boca Chica basin, Cow Key Channel, and Key West Harbor and for those zones to include regulations requiring vessels to have a USCG Auxiliary VSC decal and proof of pumpout, and prohibiting floating structures. The no- anchoring buffer zones described in the ordinance mirror the zone previously established by City of Key West Ord. No. 00 -32, and the area described in City of Marathon Resolution No.2012 -21. County staff has coordinated with staff of the Cities of Marathon and Key West (Cities) to ensure that the attached ordinance is consistent with the regulations and desires of the Cities. Upon BOCC approval, the ordinance will be transmitted to the Florida Fish & Wildlife Conservation Commission (FWC) for review. Subsequent to approval by the FWC, the ordinance will require a public hearing for adoption by the BOCC. The adopted ordinance will expire on July 1, 2014, becoming inoperative and unenforceable, unless the FWC Pilot Program is reenacted by the Florida Legislature. PREVIOUS RELEVANT BOCC ACTION: October 2009- direction to submit a Letter of Interest to FWC to participate in the FWC Pilot Program. February 2010- approval of ILA's with Key West and Marathon to partner in the Pilot Program March 2011- staff presentation updating BOCC on status of Pilot Program August 2011- staff presentation on stakeholder workshops, recommendations for addressing anchoring issues, and discussion of the Pilot Program timeline for ordinance development and approval September 2011- direction to staff to draft an anchoring ordinance January 2012- direction to include in the ordinance four managed anchoring zones with three regulations. CONTRACT /AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Z3 • Ae ORDINANCE NO. - 2012 Draft approved by BOCC on March 21, 2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 26 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR "ARTICLE V ANCHORING AND MOORING RESTRICTED AREAS"; PROVIDING FOR SEVERABILTTY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDNG FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION. WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The Boating Impacts Management Plan Final Report which documented liveaboard vessel impacts associated with unmanaged anchorages throughout the Keys; and WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a Keys -Wide Mooring Field System Preliminary Planning Document which included an evaluation of anchorages throughout the Keys including Sunset Cove, Boca Chica Harbor, Cow Key Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized the need to address negative boating impacts associated with those unmanaged anchorages; and WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the Development of a Boating Management Plan for the Boca Chica Harbor Area which evaluated a variety of boating impacts in that anchorage area and provided recommendations for managing anchoring activity, but recognized the lack of authority provided to the County to regulate vessels other than liveaboard vessels; and WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife Conservation Commission (FWC), in consultation with the Florida Department of Environmental Protection, to establish a Pilot Program to explore potential options for regulating the anchoring or mooring of non - liveaboard vessels outside the marked boundaries of public mooring fields (327.4105 F.S.); and WHEREAS, the goals of the Pilot Program are to encourage the establishment of additional public mooring fields and to develop and test policies and regulatory regimes that: promote the establishment and use of mooring fields, promote public access to waters of the state, enhance navigational safety, protect maritime infrastructure, protect marine environment, and deter improperly stored, abandoned or derelict vessels; and WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to participate in the Pilot Program in partnership with the Cities of Marathon and Key West, each of which operate public mooring fields; and WHEREAS, the Monroe County Board of County Commissioners entered into Inter - local Agreements with the Cities of Marathon and Key West on February 17, 2010 providing for coordinated partnerships in the FWC Pilot Program; and WHEREAS, the Monroe County Marine Resources Office retained consultants to complete vessel surveys inside and outside of public mooring fields at Key West and Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder workshops to take public input on anchoring and mooring issues and potential regulatory regimes, in accordance with the criteria of the FWC Pilot Program; and WHEREAS, during the stakeholder workshops Sunset Cove residents requested that the adjacent anchorage area be included in any potential regulations; and WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public input provided at stakeholder workshops, and provided a recommendation to the FWC to approve Monroe County for participation in the Pilot Program; and WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of five local governments in the state to participate in the Pilot Program, including St. Petersburg, Sarasota, St. Augustine and Martin County; and WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe County Board of County Commissioners held numerous public meetings from 2009 to the present to discuss, and take public input on FWC Pilot Program objectives, anchoring impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring impacts; and WHEREAS, the Monroe County Board of County Commissioners provided direction at its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for managed anchoring zones with accompanying regulations, and to coordinate with the Cities of Marathon and Key West for the inclusion of ordinance language providing for anchoring regulations in association with their respective mooring fields; and WHEREAS, at the September 21, 2011 Monroe County Board of County Commissioners meeting the Board received a request from a representative of Wisteria Island to have Key West harbor included as a managed anchoring zone, and the Board approved the inclusion of that area as a managed anchoring zone; and WHEREAS, the Monroe County Board of County Commissioners provided additional direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four managed anchoring zones, and revised the regulations for development to be applied within those zones; and WHEREAS, the Monroe County Board of County Commissioners has indicated that the anchoring ordinance should not be over - reaching and not overburden transient boaters; and WHEREAS, because this is a new program the Monroe County Board of County Commissioners desires that vessel owners be provided warnings by enforcement officers prior to the issuance of citations, to allow every opportunity for the vessel owner to comply with anchoring regulations; and WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard and non- liveaboard vessels; and WHEREAS, in compliance with the timelines of the FWC Pilot Program, the Monroe County Board of County Commissioners will transmit the approved anchoring ordinance to FWC for consideration and approval prior to adoption of the ordinance by the Board of County Commissioners; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Chapter 26 of the Monroe County Code is amended as follows: Chapter 26 WATERWAYS ARTICLE V ANCHORING AND MOORING RESTRICTED AREAS ,Sec. 26 -100. Purpose. It is the purpose of this section of this Code to provide for anchoring and mooring restricted areas where unmanaged anchoring and/or mooring. and associated environmental and navigational impacts exist. These areas and restrictions are created in accordance with F.S. & 327.4105. and by approval of the Florida Fish and Wildlife Conservation Commission which has been directed by the Florida State Legislature to establish a Pilot Program to explore potential options for regulating the anchoring or mooring of non - liveaboard vessels outside the marked boundaries of public mooring fields. These restrictions are deemed to be necessary to protect the public health. safety and welfare. These restrictions also include the regulation of liveaboard vessels and floating structures. as provided for in F.S. 6 327.60(3). Sec. 26 -101. Definitions. Proof of vumpout means an acceptable form of proof that a vessel has had its vessel sewage legally maned out. Acceptable forms of proof include a pumpout registration sticker or tag issued by the City of Kev West or Monroe County pumpout program indicating that the vessel receives routine pumuouts, or a numnout receipt from an authorized pumpout facility or pumpout vessel within the past ten (10) days (or other acceptable time period as determined by an enforcement officer). Sec. 26 -102, Managed Anchoring Zones. (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the purpose of protecting the marine environment. enhancing navigational safety. and deterring improperly stored. abandoned or derelict vessels. Managed Anchoring Zones are created as a tool to manage anchoring activity in unmanaged anchorages, (1) Managed Anchoring Zones shall be established in the following described geographic areas. Maps delineating the Managed Anchoring Zones are attached hereto as Attachment A. and are incorporated herein by reference and will be made available in the Marine Resources Office. a) Boca Chica Harbor: To include the body of water occurring between Stock Island and Boca Chica Key. east of the Stock Island shoreline. south of U.S. Highway 1. west of Boca Chica Channel. and north of latitude 24° 33.45' N (approximately at the location of Boca Chica Channel marker 7). b) Sunset Cove: To include the body of water in Buttonwood Sound occurring southeast of the Intracoastal waterway and bounded by the Key Largo shoreline. c) Key West Harbor: To include the body of water occurring west of Fleming Kev and Kev West, south of a line running east -west at latitude 24 ° 35.19' N. east of a line from running form the northwest tip of Frankfort Bank to the north side of Tank Island (Sunset Key). and north of a line running east -west at latitude 24° 33.84' N. d) Cow Key Channel: To include the body of water occurring between Key West and Stock Island south of U.S. Highway 1. and north of a line running east -west at latitude 24° 33.44' N (approximately at the location of Cow Key Channel marker 5). (2) The following regulations shall apply within Managed Anchoring Zones: a) Prohibition of floating structures. Floating structures shall be prohibited as defined in F.S. § 327.02(10). with the exception of those floating structures that are licensed and/or registered and controlled by and affiliated with a permitted land -based commercial entity. and are permitted by the Florida Department of Environmental Protection and other environmental regulatory agencies as applicable, b) USCG Auxiliary Vessel Safety Check (VSC) required. Vessels must display a current -vear VSC decal. Vessels anchoring in a Managed Anchoring Zone have thirty (30) days. after a written warning is issued. to have a free USCG Auxiliary inspection performed and display a VSC decal. c) Proof of pumpout required. Vessels anchored or moored for more than thirty (30) days. and which are required to have a marine sanitation device in accordance with F.S. & 327.53, must provide proof of numpout. Vessel owners may utilize a uumnout service which may be provided by the City of Kev West (City) or Monroe County pumpout programs, or other authorized vessel pumpout facility or vendor. The City or County pumpout service is structured to provide ongoing oumpouts for vessels located within managed anchoring zones, and will provide a registration process by which vessel owners sign up for regular pumnouts at the frequency desired based on vessel occupancy and use. An annual registration sticker may be provided which vessel owners may display on their vessel. indicating participation in the pumpout program, and which will be considered proof of pumpout. The City or County pumpout program shall maintain registration documentation and pumpout logs throughout the duration of the Pilot Program. which shall be available for review by any enforcement officer. It is the responsibility of' the vessel owner to ensure that he/she provides accurate information in regard to vessel use and occupancy of his/her vessel when registering. or revising the registration, with the City or County pumpout program. (b) No Anchoring Buffer Zones. No-Anchoring Buffer Zones are developed to further the objectives of the Cities of Marathon and Key West, both of which operate public mooring fields. No-Anchoring Buffer Zones are established outside of. and immediately adiacent to. public mooring fields for the purpose of protecting maritime infrastructure, enhancing navigational safety and promoting public access and the use of public mooring fields. Regulations within No- Anchoring Buffer Zones are not inconsistent with the Code of the Cities of Marathon and Kev West, and may be enforced by officers of those cities or Monroe County or any other law enforcement officer. (1) No- Anchoring Buffer Zones shall be established in the following described geographic areas. Maps delineating the No Anchoring Zones are attached hereto as Attachment B. and are incorporated herein by reference and will be made available in the Marine Resources Office. a) Boot Key Harbor: To include the area of Boot Key Harbor, excluding the leased anchoring area. occurring south of the Vaca Kev shoreline, east of Boot Kev Harbor main channel entrance marker 9 located at position 24° 42.13' N 81° 06.84' W. north of the Boot Key shoreline. and west of the far eastern side of Boot Key Harbor at position 24° 42.54' N 81° 04.99' W. and including the entirety of Sisters Creek south to marker 4 at the entrance of Sisters Creek. and including the area occurring from Sisters Creek marker 4 running east to the shoreline of Vaca Key at position 24° 41.43' N 81° 04.93' W and running north along the shoreline of Vaca Key and continuing to the west along the shoreline of Sombrero Beach. b) Seaplane Basin: To include the area of Garrison Bight known as the Seaplane Basin and as described in the Florida Department of Environmental Protection Management Agreement for the Key West mooring field and Key West Ordinance No.00 -32. occurring north of the Kev West shoreline. east of the Fleming Kev shoreline. south of the Shark Drop Zone deep cut line and its westerly extension. and west of Sigsbee Park. !2) The following regulations shall apply within No-Anchoring Buffer Zones: No anchoring or mooring of any kind (vessels or floating structures). except for vessels mooring within established public mooring fields by permission of the mooring field owner or manager, vessels within a leased anchoring area associated with a mooring field. commercial vessels (e.g. barges) engaged in marine related work, vessels anchored for the purpose of fishing or other recreational activities (but not overnight). or in the case of an emergency causing the need for a vessel to temporarily anchor. Sec. 26 -103. Penalties. Any person cited for a violation of this article shall be charged with a noncriminal infraction. Uniform Boating Citations may be issued for violations of this ordinance pursuant to F.S. & 327.74 by any law enforcement agency authorized to issue such citations. Fines associated with citations are established as follows: a. 1 a offense written warning b. 2' offense $100 c.' or subsequent offenses $250 Any person who fails to properly respond to a Uniform Boating Citation issued for a violation of this article shall. in addition to the charge relating to the violation of the boating laws of this County, be chargced with the offense of failing to respond to such citation and upon conviction be guilty of a misdemeanor of the second degree punishable as provided in Statute 775.082 and 775.083. , Allowance shall be provided for vessels in need of safe harbor due to severe weather conditions which may otherwise prohibit a vessel from safely departing a managed anchoring zone within the timef ame stipulated. or vessels seeking safe harbor within a no-anchoring buffer zone. Sec. 26 -104. Force and Effect for Floating Structures, Floating structures are typically not registered and have no identifying marks necessary to determine ownership. Therefore floating structures in violation of this Article shall have a notice placed upon the property. pursuant to F.S. 6 705.103. providing the property owner notice that the property is in violation. If the floating structure remains in a Managed Anchoring Area or No Anchoring Butter Zone for more than thirty (30) days from the date of the notice it may be removed and disposed of. Costs incident thereto shall be borne by the owner of the floating structure. if ownership can be determined. Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida and shall become effective as provided by law. Section 6. Codification. The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of Monroe County, Florida and shall be numbered to conform with the uniform numbering system of the Code. Section 7. Expiration Date. This ordinance shall expire concurrently with the expiration of the FWC Pilot Program on July 1, 2014 and shall be inoperative an unenforceable thereafter, unless reenacted by the Florida Legislature. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2012. Mayor Mayor pro tern Commissioner Commissioner Commissioner MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Attachment A- Maps of Managed Anchoring Zones Boca Chica Harbot s s. 1 1 / Attachment A- p.1 Sunset Cove T .- a • /f4Y4D� t 1 fit? 4 ��.. *. :i kr v � a ��� ,pce �rl�et4 ,.gip • ■ ' 2 4, 44 ' . k'lY tr # aw • • erg,. • Y _ a 4 A • .;? �x a r t • • Attachment A- p.2 J(ey West Harbor ' 1 0 j P 44 - 2 - err r r d r ♦Y Attachment A- p.3 Cow Key Channel #4 q e, � )0- .. - ► E� w, " y + *k ° ' ! TN +i( � #;.. �M1t ` ' y rou" , 1 n 10 f i h 4 Y PR l ' �` l''''''' t'* #lretl a� 1 b , r 4 ! k '',01'i s ',r '"* A _ :'* 4p ° �." mss" " -a` ' _, bo. g w. y2 p t iv) " !� ,1Y }A 1 ��J at y �`�i� # � , �.. y "- r -.T.'-r;iiit'i, , i- , ,,,i:k; , . 4 ,,, Y 5, �"""� � ` .. . ' , t p f a * . " ^, s • ...� 1 k. 4 4 . ,. ' 4, � P ti b - - 2— $14 , v ` - �" . 44F 1,' t # : 1 44 w 1 1 1 1 l 0 . $ 43 a <,.3 .1 Attachment A- p.4 Attachment B- Maps of No Anchoring Buffer Zones Boot Kev Harbor Mooring Field a ; Attachment B- p.1 Key West Mooring Field/Seaplane Basin sr . . " i . . ' <.. - , 4 °,!: 1 0 4 '4: 3 ' , > u ^" ' Attachment B- p.2 Transcript from J -2 Vote 3 — Floating Structures From the January 19, 2012 BOCC Agenda Mayor Rice: Shall we move on to handle the floating structures issue? Comm. Neugent: If I may just add one thing? Based on the discussion that I had with Mr. Jones, and I think it was brought up in our concerns over what is going to happen there. With existing floating structures such as was brought to our attention by the owners of the Fury, I think those are the things that augment activities that they provide, and I think that we should make our decision with a business friendly... there are ways we can address these things while still allowing that after DEP gives them a permit to put in their moorings, but I don't think we should take onerous action to prevent those types of structures. There are other structures which you have defined Rich that I think we should be focused on, but not in an adversarial way to existing businesses that need those things to provide those services that they do provide to our visiting tourists. Rich Jones: Let me mention, I mentioned this in the memo; Monroe County, all the counties, already have the authority to regulate floating structures. So, if you are not comfortable dealing with that today, we can deal with it anytime in the future outside of the Pilot Program. Comm. Neugent: And in this case, is that structure not sitting in jurisdiction of KW and not Monroe County? Comm. Wigington: It will be in the anchorage area. Mayor Rice: It will be in the area. Comm. Neugent: However, that's still within the jurisdiction of Key West? Doesn't it have to be through an inter -local agreement or something that we have joint? Rich Jones: We already have an inter -local agreement with both of the cities; that we are working with them and we are going to include what they want in our ordinance. Christine Hurley: And they have to adopt the ordinance also, or no Rich, that is a question? Rich Jones: We would like them to adopt that, yes. And just a reminder, if you don't remember, what we are looking at, for both cities, is to have a no anchoring buffer zone immediately adjacent to their mooring fields. Comm. Neugent: Now, if I said what the commission agrees with, do you guys have any problem with what I said? Mayor Rice: Actually, if you take a look down here, I think your motion is if you choose to make it one, it has two asterisks. Comm. Wigington: What do we do with floating structures now? Nothing, there is nothing on the books for floating structures. I thought there were. Mayor Rice: We currently have jurisdiction. Comm. Wigington: No. Jurisdiction, but what do we have as regulations? Rich Jones: There are no regulations on floating structures that I am aware of right at this time. So it is up to you whether or not you want to do something now, do nothing or consider doing something in the future. Comm. Murphy: What is the matter with the, as George just pointed out, the two asterisks; what the Marine and Port Advisory Committee recommends? Comm. Wigington: They don't agree. Mayor Rice: Nothing that I see. Comm. Wigington: Staff recommended no exception for floating structures permitted by DEP or otherwise. The Marine and Port Advisory Committee recommended prohibition with the exception of the licensed... Comm. Murphy: And commercial operations. Mayor Rice: Which would take care of your concern. Comm. Carruthers: I don't think Fury really has floating structures, I think they have a vessel that is on a mooring and some... Comm. Murphy: Toys. Mayor Rice: Well that may be true. But, that certainly would clarify it with this item. Would somebody like to make a motion? Comm. Neugent: Christine is saying something in the background. Christine Hurley: Mayor, I think, I took notes during your discussion and I think what you all seemed in favor of was that we would prohibit floating structures except those that are licensed and or registered, and that have a commercial operation with a licensed and permitted entity with land based commercial activities that are permitted by DEP. See, the Marine and Port Advisory Committee said "or pending with DEP" and I know staff would only want to recognize permitted or other environmental regulatory agencies as applicable. That is the kind of language that I wrote down and I think that is where everybody was headed. Mayor Rice: Well now, I don't think so because that broadens it considerably I believe. Comm. Neugent: You said a DEP permit. Comm. Murphy: But Mr. Scales at the last meeting, our MPAC, stated as one of the reasons we should grant him an exemption is that he had or was getting DEP permits. Comm. Wigington: Can I make a motion? Mayor Rice: Please. Comm. Murphy: Go for it. Comm. Wigington: I make a motion to follow the Marine and Port Advisory Committee recommendation approving a prohibition on floating structures with an exception for licensed commercial operations permitted or pending permitting by DEP. Mayor Rice: Well stated. Is there a second? Comm. Murphy: I'll second it. Mayor Rice: Call the roll please. Comm. Wigington: Well, we're not going to prohibit them while they have an application, and if it is turned down. Mayor Rice: Call the roll please. Comm. Neugent: Whoa, whoa, whoa, whoa, whoa. Having an application; this is a discussion I had with Rich, having an application could just really broaden. Comm. Wigington: How long does it take? Comm. Neugent: Forever maybe. Comm. Wigington: Well, maybe we need to setup because people may apply knowing they are going to get turned down. What my point is, if it's pending, are we going to make someone move when they are two weeks away from getting a DEP permit? Richard Jones: We need to understand the word pending. Just because they have an application doesn't mean they are going to get that application approved. Comm. Wigington: No, understood. Rich Jones: Staff has talked about this. We've talked to Rebecca Jetton about this, and we are saying if they have a DEP permit, and just like Christine said- and other applicable agencies. Comm. Murphy: Do they have to have a permit to anchor on the bottom? Does DEP not have to ok that? Rich Jones: No, you need a permit to install a permanent mooring. Comm. Neugent: Go ahead Ed, please. Comm. Wigington: I don't want to make a decision based on one person's opinion. Comm. Murphy: This is a conglomeration of what we're going to hit. If you allow them to speak again you're going to have to allow the public. Scott Saunders: I'll answer any questions you have. Suzanne Hutton: You do remember there will still be a public hearing after we have done all this? Mayor Rice: Absolutely. Comm. Wigington: I understand the issue now with applications. I didn't know it could take years. Scott Saunders: It could take a while. We have an application in. Comm. Wigington: So you don't have a permit? Scott Saunders: The permit would say, the permit would allow... Comm. Wigington: Do you have a permit? Scott Saunders: No one really needs it per say. We don't have a permit. We have applied for a permit. That would mean to put in a boring mooring, which we don't have. Right now we use anchors. Comm. Wigington: Do you have a DEP permit? Scott Saunders: I don't think we're required to have one. Comm. Wigington: The answer is? Scott Saunders: No. Comm. Neugent: Wait a minute Mr. Saunders. Comm. Wigington: I do not want to make a decision on one person and I understand better now. Comm. Neugent: Wait, wait a minute and correct me anyone if I mis- speak, if you are anchored on State owned bay bottom, they can and normally do require if you are deemed permanent, to say hey you need a permit to have a mooring there or to anchor there? Scott Saunders: Correct. Rich Jones: DEP does require a permit for what the Fury and other operations are doing. It's already been cited by DEP. Ok, staff is pretty clear, if you are associated with a land based operation and they have all the necessary state and federal permits, we are good with it. Comm. Murphy: Put that in your motion. Mayor Rice: Need to amend the motion. Comm. Wigington: Yes. Ok, who is raising their hand? Comm. Murphy: No, it's just restated. Comm. Wigington: Because I put in the Marine and Port Advisory Committee recommendation, and this isn't exactly MPAC recommendation. So we will approve a prohibition on floating structures with an exception for licensed and Christine what did you say? They have to have a land based entity with licensed and commercial activity? Christine Hurley: With a licensed and permitted land based facility. Mayor Rice: Yes, do we have a second? Comm. Murphy: I'll second, yes. Mayor Rice: Ok. Call the roll please: Pam Hancock: Are you ready for me to call the roll? Mayor Rice: Please. Pam Hancock: Comm. Carruthers? Comm. Carruthers: Yes. Pam Hancock: Comm. Murphy? Comm. Murphy: Yes. Pam Hancock: Comm. Neugent? Comm. Neugent: Yes. Pam Hancock: Comm. Wigington? Comm. Wigington: Yes. Pam Hancock: Mayor Rice? Mayor Rice: Yes. Comm. Neugent: And, if we have to fine tune this, as I understand, we are going to get other bites of the apple? Comm. Wigington: And the warning period or whatever period we go through will help somebody from two weeks having to move, and putting it back in two weeks. Mayor Rice: Rich, so can we put this to bed? Rich Jones: I believe so. So we have three regulations. Ok. Thank you. ORDINANCE NO. 00-32 AN ORDINANCE OF THE CITY OF KEY WEST, FLORIDA, AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES ENTITLED "VESSELS AND DOCKING" BY ADDING SECTION 42.13 TO PROVIDE FOR A MANAGED SYSTEM FOR THE MOORING OF VESSELS WITHIN THE MOORING FIELD AND A NO- ANCHORING ZONE WITHIN THE SEAPLANE BASIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Key West has entered into a Management Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to manage for public purposes certain sovereignty submerged lands in Monroe County, Florida, commonly known as the Seaplane Basin; and WHEREAS, the Management Agreement requires the City to construct and operate a Mooring Field within the Seaplane Basin and to enforce a no- anchoring requirement within these designated areas; and WHEREAS, the City Commission finds that declaring the Seaplane Basin as a No- Anchoring Zone, adopting regulations for the required use of the Mooring Field, and providing a penalty for violations would promote the health, safety and welfare of the citizens of Key West. RR M R 1 NOV i 52000 ail PORT OF KEY WEST \ r( NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST, FLORIDA: Section 1: That section 42.13 of the Code of Ordinances is hereby added as follows: Sec. 42.13 Mooring field; no anchoring zone. (a) Mooring Field. (1) All vessels within the Seaplane Basin are required to moor and tie up to an assigned buoy within the Mooring Field, which shall serve as a permanent mooring site for transient and liveaboard vessels. The map and description of the Mooring Field established within the Seaplane Basin is attached hereto as Composite Exhibit,A, adopted by reference as if set out at length in this section, and is on file in the City Clerk's Office. (2) The City shall grant a Permit for a fee to tie up to an assigned buoy within the Mooring Field. A mooring fee shall be established by Resolution of the City Commission as a user's fee for the anticipated length of use and to provide for continued garbage services,, rest room facilities, sewage pump -out for vessels, dingy dock, maintenance of these facilities and other boater - related rec facilities. (3) Reservations for space within the Mooring Field shall be accepted by the City, provided space is available for the entire term of the time period sought in the reservation and 2 `, provided the daily mooring fee is prepaid to cover the time period to be reserved. Such fees shall be nonrefundable. Space availability priority shall be given to Monroe County registered vessels. (4) Accepted reservations shall take priority over applications for extensions when space availability for the term of the reservation and that of the applied for extension conflict. (5) The daily mooring fee shall be paid in advance for the number of days the vessel shall be moored. The monthly mooring fee shall be paid on the first day of each calendar month, and a security deposit and late payment penalties may be charged. (6) The operators or occupants of all vessels moored in the Mooring Field shall at all times comply with the Permit rules and regulations and the Code of Ordinances of the City of Key West. Any vessel for which a Permit has been granted for use of the Mooring Field is hereby declared not to be exercising a right of navigation. (7) It shall be unlawful for any person or entity to operate a personal watercraft within the Mooring Field, except for the limited purpose of ingress or egress to or from a vessel for which a Permit has been granted for use of the Mooring Field. (b) No- Anchoring Zone. (1) The area commonly known as the Seaplane Basin is hereby declared to be a No- Anchoring Zone. The map and description 3 of said land is attached hereto as Composite Exhibit A, adopted by reference as if set out at length in this section, and is on file in the City Clerk's Office. (2) It 'shall be unlawful for any person or entity to anchor or otherwise attach or intentionally ground any vessel, temporarily or permanently, to the bottom within the Seaplane Basin, except in the case of an emergency. Any vessel anchored or intentionally grounded in violation of this provision is hereby declared not to be exercising a right of navigation. (c) For the purposes of this section 42.13, a "vessel" means any boat, houseboat, charter boat, fishing boat, or floating structure whether or not habitable; and a "personal watercraft" means a small class A -1 or A -2 vessel as defined in Section 327.02(27), Florida Statutes, as amended. (d) Violations. Violations of this ordinance are punishable as provided in section 42.12. Section 2. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisiois of this Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. 4 Section 3. All Ordinances or parts of Ordinances of said City in conflict with the provisions of this Ordinance are hereby superseded to the extent of such conflict. Section 4. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Read and passed on first reading at a regular meeting held this 17TH day of OC1'OBBR , 2000. Read and passed on final reading at a regular meeting held this 8TO day of ROVF BBR , 2000. Authenticated by the presiding officer and Clerk of the Commission on this 9TH day of nom= , 2000. Filed with the Clerk lomm 8nt 9 , 2000. f ipr EY, MAYOR 4 0 A S . CHERYL SMITH,kTY CL'RK 5 MANGEMENT AGREEMENT AREA LAND DESCRIPTION: • A portion of Sections 28, 29, 30, 31 and 32, Township 67 South, • Rangt 25 East, known as the Seaplane Basin -- Key West, Monroe County, Florida bounded os follows: Being bounded on the Southeast by the apparent Northwest shore line anc North right — of—way line of Roosevelt Boulevard (U.S. Highway No. 1), on the South by the opparent North shore line of the Naval Air Station of Trumbc Point Annex, on the West by the opparent East shore line of Fleming Key, and on the North by the Shark Drop Zone deep cut line and its westerly extension, on the East by the Easterly limits of the Shark Drop Zone deep cut line and the apparent Northerly, Westerly & Southwesterly shore line of Sigsbee Pork U.S. Naval Reservation & Dredger Key Road. Said lands lying and situate in the City of Key West, Monroe County, Florida. • C MANAGEMENT AGREEMENT AREA PREPARED BY AVIROM -HALL AND ASSOCIATES INC. �g 50 L.tR 2s ♦14NUC SUITE 102. BOG► SATON. FLORIDA. sun TCLC►140I4: (407)312 -2U' fAX (407)3)4•7122 • D om. of ENWRO AL PROTECTION ° DOE Blo co18IIT 1+o11aaMt DS&Tl11 art S1 C TA' 101 BUMS al SU .ad MUTING 9, 117t 1LD Bi .A o17: 10 , Of aJa4 • 1, ` 00 CINCWK1rtAL1H *XD. t7. 9298, DAB 11-1 11-1 �Ct n h+)f 4M- 4467 T1X . Btla. 1W I ALABAMA GEORGIA 7 NM= AIIM 1 - p M.T.S. 0,45it -111,'LakiP Niii,,,, • Ali li - 5:: .4 7. i , ,..... ,,,„ , 4 *-' • la «area ) O VA - Sat ‘ a:ctot. Z GULF OF MEXICO "4"" . a lir- 11: MAN ►� • vtal 40 SITE �' 4 t, LOCATION ..- � u � � � SIGSBK EE o.oc FLEMING � „ , d KEY • 0 117i 1 , \ 14: -.I MONROE , iii Dart" h o l� CI � ,,, At., !il a O • t11t • �. l .l...:.. t.:::. . •:....7.J �� ..,t° STRAITS Or FLORIDA :••• •• • 1111317 vYJt 4 . GENERAL LOCATION MAP • PREPARED BY 4 10 AVIROM-HALL AND ASSOCIATES INC.' • 50 S.W. 2n9 AVENUE. WE 102. RCA RATON. FLORIDA. 33432 • TELLPHOHE: (407)392 -2394 FAX (407)394 -7123 .lF REVISION DATE SCATS S. COUNT! }:►1' DEPT. of ENVIRONMENTAL PROTECTION DRM, SY AAA SEC Rai ilt. j ' BUREAU of SURVEY and NAPPING atam. C1ttC 0 IR M.D.R. OFT. 5384 3900 co1U10F un.= 'mums= FL 32399 (904) 434 -2427 DNa. NAM DATE • - 9 : .... , 1 SHEET 1 OF 11 " u: ku .. PROJECT 1< ��" . �. VICINITY • • 'PROPOSED ▪ : •'� . . . MOORING: :: FIEI..D...............................7.-.7. • / �.:: : # . : •PARK: • • . .....' PEENING KEY; ▪ • • : 5:. • " • I. ••••••••••••••••• •••• • • •••••• r • •••• iy • ' :. • SALT Para uers p i WISTERIA ••• . : � : • •' ?.'. ' ISLAND •:SjI • ••••••••••••••••••••••••••••••• ..... *WI 11.1r& 0 . . •.: .. : .• .. .• • . : .. .• .c...... •• ......• ..• . • . . .•••••••• 4 1, •:�....m • _ :e rr• . nu 1��� r r` � ,..,....,..„ ....................... is. 4 1, 0 .. • • Ij S %fi ♦~� r.''.';' � • .� ..- , t- ' V � � • + ': •�' , ♦ �� ‘ '� � �� � I ��'', T .7 liar ava:RwttTavat 0 , o. - ..„ , 4 �� j ♦ � � i,.. ��� • •- parser ���l117�� Via 4 .•.,011°.P' •. � 11 4 ol i ' ��� • • e j� � '' • �,� ���� ♦I ♦ Id� T srfA i?lEtPS � Kt .� , �� 406 � r► � • •� O�, STRAUS OF FLORIDA • • WAY IN WATER nor ucritvr . • utters agw mff@ CERTIFICATION: 1 tcRE„Y COWRY IMI the ottorared Sperm Purpose Survey of the Wien described prepetly b true and comet te tits beet of my enwledy end * , , w• f • bilk„ as surveyed Is 1M beid 'Jailor my direction an June 20, 1993. t - : `' . a • ' `.. � • rumen CERTWT lust this Special Purpose Survey meets the Minimum iee/wkd Slander& set forth In :J+�rp MN ►leride A Irellw Cede. pursuant 1. Steller, .72.03:. Florida 1'J VICINITY MAP l • `'" PREPARED BY I LItQtA¢ Q AV„ROM. P t Aymara-HALL AND A8&OCIATQt9 MVO. Melee Resktretiow rise 3200 AViROM MALL r` ASSOCIATES. INC. 50 LW. ins *Amt. PIM 107. 90Cs NAr nontb� isa� • L . Ma 1500 =moo 1 —7744 FAtr" �s07pfn -7t7! Is ��" ^^��--�� DAT NOT TO SCALE 'COUNTY U0IIR `•' DEPT of ENVIIBONI�[ENTAL PROTECTION 1 ORl1'tl NT J.A.F. SEC 1 TIPP R � 1 J ` 3000 B� M7. 32300 t Ii.O.IL 01 110. 531 (1104) 411S-1142T mute ua 1 DM r:o-111 1 „„tact 2 or 't, r r r err T T T- T T T Ts T 7; T r T z... gt 4 4 4 4 4 4 4 4. 4 . a 4 4 4 4 it O. 4 • i a S 89 ° 40' E 3046' • ?s•.tsysw N 1 A !• C ! E, Z -- I i,. t.. K I N_ -_1_ O P Q 2t I. - - -. _--- I ---.1 -_ -. ' -I. 1.._.---. - -- t - 1 I. -.: ... ._._.I .---4..-.....__I - • 24UIs3:.00 N ' , _ -1. _` 1 .t i ..1_ I _. _._:. -_; IJIy4,00 N , C b 1 uao N ' ' • — -- , -- -- •� --• I • - --- I -I + 1... i --_ _ • 4:1 24W a 24114'400 N s / -411. ... 1 - ./ •__ 1 ' • 24 j4Jaao N 10 Al" x - - _._. `O ' 14•J47ROn N 11 24 J47L00 N 12 - 4- �. -;t, • t15# • 14•47'00 N . ' I. t- ••Zj , 1 --t• 1 Gj , 1/•J.7S00 N 15 �L4 - _ 2434 loo N 16 . . I _Ion ..V.3 • . I . N PUG 11 J<7100 N 17 .t —01 ��,....__. C 394924 241.1472.00 N 18 - - -- -1Z , O --t t Lot. 24'34'24AV 11 JsJt71.0Q N 19 Q - L4r 111'4710.00 w 14 ?a00 N • 20 di -Q • • .1N .. it 14.3/ 19.00 N . 21 --P. . _ . `4 #� 4- • , ..__ .3 !44.1&00 N 1 . _ _.. go t - ---- 11•J417.OqN 23 -t C7) -t- i•(:).t - - I • • • co • - - • - A411416.00 ii 24 - . 44 I • -- N 14 N 28 W -- • -1 i1 ZsUs'14.of N 26 . �, -- f, .._.t :1-J`•'�°° N 27 -• W I •- - 500 250 0 500 100( 71'3412.00 N 28 . • ., 1 _ - 11'3411.00N _ -- 1<•,<•�a N _ ._._ :' o SCALE IN FEET 30 • sSJ4 00 N 31 -• I ---1 (iv • • V' = 500 :4%00)&00 0 32 .. - - - -- • r ' • I 2424'07 33 . - . _ .._. NO1E& • 2 .00 N 34 - , _ — - DENOTES PO T7SI OM OF WOOD BUOY - 14 Js•03.00 N 35 - . —•— .' . • N 13731 ALL COORDINATES SNO r 4Rc�AD83(9D) L 1434 04.00 n► 36 - 1 C 314151 FLOP E� Z . 14 0400 N .__. . - Lot: 24 Sr .00 N ! ; • • 37 - _t.._ Low e�• <r�a.oa' w e .. • .� N 39394 415' P .O8ED PREPARED FEL C 39394= Lou 24 '34 N N 89 ° 40' W 00 AVIROM• 4A�. ANP A..OalAr$$ INN. Lang. si•sr2D 0• w R or m a= Ne. sec• al to=ss REVISION ' DLIZ SCALE 1' 70 500' couv Y mog ` DEPT. of ENVIRONMENTAL PROTECTION — MRLTN SY Ku. C -A-T 310 7'i1? mw BUREAU of SUIVZT and MAPPING ME =a= 11 N,a.S INT. • 3714 s9oo C01131011/ZAL78 2i3in. TA17J18AS1>3, n. =NI DIG. NA= n1►rs a -44-94 smmr i. O (004) 400-?43'1 I POSITION La Longitude POSITION Latitude Longitude A -2 24'348. 0" N 81'47'25.5• W E -22 24 N 81.47'19.5' W A-4 24'34'360 N 81`47'25.5' W • E -24 24'3416.0" N 8r4719.5' W 8-1 24'34'39.0" N 81'47'24.0' W • E -26 24 N 81'47'19.5 W B -3 24 N 81 W , E -28 24 N 81'47'19.5' W B-5 24 N 81 W E-30 24'34'10.0" N 81•47'19.5" W 8-7 24 N 81'47'24.0" W E-32 24 N 81'4719.5• W 13-9 24'34'31.0"14 81'47'24.0' W E-34 24'34'06.0" N 1 81 W L1-11 24'34'29.0" N 81 W E4B 24'34'04.0"N 81'47'19.5' W B -13 24'34 7.0" N 81•47'24.0" W • F -1 24 N 81 W C -2 24'34.0" 14 81'4722.5" W F-3 24 N 81 W C-4 24'34'36.0" N 81'4722.5" W F -5 24'34'35.0' N 81'4798.0' W C-6 24'34'34.0'14 81•47'22.5" W F -7 24'34'33.0 81'4718.0" W • C-B 24•34'32.0" N 81'47'22.5" W • F -9 24 N 81"4T18.0" W C -10 24'3410.0' N 81 W F -11 24'34'29.0' 14 81•47'18.0" W C -12 24'34'28.0" N 81 W' F -13 24•34'27.0" N 81'4718.0" W C -14 24 N 81'4722.5" W F -15 24'34'25.0 81'47'18.0" W • C-16 24'3424.0" 14 81'47'22.5" W . F -17 24'3423.0" N 81 W C-18 24 N 81'4722.5" W _ F -19 24'3421.0' N 81'4718.0" W C -20 24 N 81'4722.5" W F -21 24'34'19.0'14 81 W C -22 24'34'18.0"N 81 W _ F -23 24 14 81'4718.0" W • D -1 24 14 81'47'21.0" W F -25 24 14 81 W I . 0-3 24 N 81'4721.0" W F -27 24'3413.0" N ` 81'47'18.0' W . 0-5 24'34'35.0" N 81 W F -29 24'34'11.11'14 81'47'18.0' W 0-7 24'3433.0" N 81 W F-31 24'34'09.0' N 81'4 7'18.0" W 1 D -9 " 24'34'31.0" N 81'47'21.0" W F -33 24'34'07.0'N 81 W . 1 0 -11 24•34'29.0" N 81 W F -35 24'34'05.0 81'47'18.0" W + 1. D-13 24'3427.0" N 81 W F-37 24 N 81 W 0-15 24'3425.0" N 81•4721.0" W 0-2 24'34'38.0' N 81 W I 0-17 24'34'23.0°14 81'47'21.0" W G-4 24 N 81'47'16.5' W I' 0 -19• 24'3421.0" N 81'4721.0" W G-6 24•34'34.0` N 81.4716.5" W D -21 24'34'19.0" N 81•47'21.0" W G-8 24'34'32.0" N 81 W 1 0-23 • 24'34'17.0"N 81'47'21.0' W 0-10 24'34'30.0°14 81'47'16.5' W ■ 0 -25 24 N 81 W G-12 24'34'28.0" N 81 W I. 0 -27 24'3413.0" N 81'4721.0' W • 0-14 24'34'28.0' N 81'4716.5" W 0 -29 24'34'11.0" If 81'47'21.0" W G -16 24'3424.0' N 81'47'16.5" W t• D-31 .24'34'09.0" N 81 W • G -18 24 N 81'47'18.5' W E -2 • 24 N 81'47'19.5" W _ G -20 24 N 81'4T18.5• w I. . E-4 24'34°36.0"N 81 W • G -22 24'34'18.0"N 81•47'16.5" W ' E-6 24 N 81'4719.5" W G -24 24'34'16.0" 14 81'47'16.5" W E4 24'34'32.0'N 81'47'19.5" W' G -26 24'3414.0' N 81 "47'16.5" W [ E -10 24'34'30.0" N 81'47'19.5' W G -28 24•34'12.0' N 81'47'16.5' W E -12 24'3428.0" N 81•47'19.5' W G -30 24'34'10.0' N 81'47'16.5" W I E -14 24'34'26.0' N 81'4719.5" W G -32 24'3408.0" N 81'4T1B.5'�#N i E -16 24'3424.0" N 81'4719.5°W 0 24 N 81 G -36 24•34•04.0" N •81•4716.5" W I` E -18 24'34'22.0" N 81'4719.5" W - E -20 24'3420.0' 14 81'47'19.5' W . t. i i 1. - • PREPARED BY `.AVl AND A•OOCAT$ WC. 1 • Vire �K ' ws w. Iec. ■.w. 1 . 7 . st is D EPT. of ENyIRbN1[ENTAL PROTECTION • mymoM SDAYEI Dilil �• To s 0 oovltsr w • olufx ay. K . w . c - -T sec s*r t BURELU of SURVEY and WPPdG p ST ! 0 _ , E I ' 3000 Col134ONfl1 li NOD. TAIIABAILIEC. 1L uses (004) 481 -1417 ' D1fG. NAIL y..+ee►.s 1 AAT - e `. a..: • • pOSITiON Latitude Longitude POSmON Latitude Longitude • H -1 24 '34'39.0" N 81 W K-2 24•3428.0" N 81.4710.5" w H-3 24'3427.0°14 81.47'15.0" W K-4 24 N 8147 H-5 24'34'35.0' N 81'47'15.0°W K-6 24'34'34.0" N 81 W 11-7 24'34 N 81'47'15.0" W K-8 24 N 81'4740.5'W H-9 24'34'31.0' N 81•4715.0'W K•10 24'3430.0" N 81'47'10.5" W H 24'34'29.0" N 81 W K -12 24'3428.0' N 81 W 14-13 24'3427.0" N 81'4715.0" W L•1 24'34'39.0" N 81'47'09.0" W 13-15 24'3425.0" N 81'4715.0" W L-3 24'3417.0" N 81 W H -17 24 N 81'4715.0"W L -5 24'3415.0" N 81•47'09.0" W H-19 24'3421.0' 81'47'1 W LT 24'3423.0" N 81•47'09.0' W H-21 24'34'19.0' N 81 W L-9 24'3411.0' N 81 W H-23 24'34'17.0" N 81'4715.0"W' 1-11 24'3429.0' N 81•47'09.0' W H-25 24.34'15.0' N 81'47'15.0" W M-2 24'3418.0" N 81 W 1-2 24'34'38.0°14 81 W ' M-4 24 N 81'47'07.5' W 1-4 24•34'38.0' N 81 W - M4 24 N 81 W 1-6 24'34'34.0'14 81'47'13.5" W M-8 24'34'32.0" N 81•47'07.5" W 14 24'34'32.0' N 81 W N -1 24 N 81 W • 1 -10 24'3410.0' N 81'47'13.5' W N-3 24'34 N 81.47'06.0' W 1 - 12 24'34 N' 81'47'13.5" W N - 5 24'3435.0" N 81 W i 1 24'3428.0' N 8147'13.5" W N 24'34'33.0' N 81'47 1-16 24'3424.0" N 81'47'13.5' W • 0-2 24 N _ 81'47'04.5" W 1-18 24'34'22.0' N 81'47'13.5" W 0;4 24'3426.0' N 81'47'04.5' W 1 1 - 24'3420.0' N 81'4713.5" W 0.6 24'3424.0"N 81'471)4.5"W J4 24'3439.0" N 81'4712.0" W P 24'34'37.0' N 81'47'03.0" W J-3 24'34'37.0' N 81'4712.0" W J -5 24'34'35.0' N 81'47'12.0' W P-5 24'3435.0" N 81 W J-7 24'3433.0' N 81 W Q-2 24'3436.0• N 81'47'01.5' W .1-9 24 N 81'47'12.0' W 24'3439.0" N 81'47'00.0' W i J-11 24'3429.0' N 131 '4712.0 W . .1-13 - 24'3427.0" N 81"4712.0° W_ - t.1 atO 'r �•ti I I • 5 PREPARED BY ®wwwoh«++►a.I. Arm) waaoawTSa IMC. =1-1,14 w. as '&4 • y REY TOH !DAME: MIX 1' To 300' . <, „Li woo DEPT. of ENVIRONMENTAL PROTECTION Daunt n KY. C-A-T SEC 'RP 1 BUREAU at MEW gad 11APPMC f ' G7R.Cf= n 0171. 1364 I� 0000 cow�aa u I uss . n $ 00 axC. NASd = a�,� �-"a -ts s�a"tr 7 fiL MEMORANDUM TO: Mayor and Members of the City Commission FROM: Robert ischenkel f2 City Atiomey DATE: October 5, 2000 • RE: Mooring Field Ordinance Attached is the City's Mooring Field Ordinance that creates a mooring field and no- anchoring zone within the Seaplane Basin. The mooring field will provide natural resource protection of seagrass beds and will control anchoring vessels by implementing a managed system for mooring and by enforcing a no-anchoring zone. The Ordinance has been drafted in complignce with the terms of the Management Agreement between the City and the Board of Trustees of the Internal Improvement Trust Fund for this project. The Ordinance provides that the City will grant a permit to moor and tie up to an assigned buoy within the mooring field, and a fee for the permit will be established by Resolution of the City Commission. Reservations for space at the mooring field will be accepted by the City, and space availability priority shall be given to Monroe County registered vessels. Personal tvatercraft (jet skis) are prohibited from the mooring field, except for the limited purpose of ingress or egress to a permitted vessel. The Port Advisory Board has reviewed the Ordinance and recommends its approval. The Permit and the fee Resolution will be on the agenda of the November 8, 2000 meeting. Sponsored by: Hernstadt CITY OF MARATHON, FLORIDA RESOLUTION 2012 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 01? MARATHON, FLORIDA, APPROVING THE EXPANSION OF THE CITY'S MANAGED AREA OF BOOT KEY HARBOR AS PART 01? THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION'S MOORING FIELD PILOT PROGRAM; DIRECTING STAFF TO DRAFT AN ORDINANCE REVISING CHAPTER 36, "WATERWAYS" TO REFLECT THE APPROVED PILOT PROGRAM BOUNDARIES AND ASSOCIATED NEW REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 327.4105, Florida Statutes authorized the Florida Fish and Wildlife Conservation Commission (the "FWC") to establish a Mooring Field Pilot Program (the "Pilot Program') to explore options for regulating the anchoring or mooring of non- liveaboard vessels outside of legally permitted mooring fields to enhance and promote public access, navigational safety, protect maritime infrastructure, protect the marine environment, and deter improperly stored, abandoned or derelict vessels in the State's near -shore waters; and WHEREAS, the FWC subsequently solicited the participation of Monroe County (the "County") in the Pilot Program, and the County responded with a Letter of Interest to the FWC to participate in the Pilot Program in partnership with the City of Marathon (the "City"); and WHEREAS, the City and County entered into an Inter Local Agreement on January 27, 2010 reflecting agreeing to cooperate and participate in the Pilot Program; and WHEREAS, City Marina staff have reviewed reasonable and prudent options for expanding the City's management boundaries of Boot Key Harbor in order to better manage anchored vessels outside ofthe Marina's mooring field and anchorage area in Boot Key Harbor; and WHEREAS, as part of the Pilot Program City Marina staff proposes expanding the City's management of Boot Key Harbor to include the area of Boot Key Harbor extending from U.S. Coast Guard ATON No. 9 at the western entrance to Boot Key Harbor through U.S. Coast Guard ATON No. 4 at the southern entrance to Boot Key Harbor, at Sisters Creek, and excluding the area east of ATON No. 5A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OR THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The expansion of the City's managed area of Boot Key Harbor as part of the FWC's mooring field pilot program, as reflected in the boundary snap attached as Exhibit "A," is hereby approved Section 3. City staff is directed to prepare an ordinance to reflect the boundaries of the expanded management area and additions, deletions, or modifications to its near -shore waters regulations as currently codified in Chapter 36, of the City of Marathon Code of Ordinances. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF TIE. CITY OF MARATHON, FLORIDA, THIS 14th DAY OF FEBRUARY, 2012. THE CITY OF M ON, FLORIDA c PCI Pete Worthington, ; ayor AYES: Cinque, Keating, Ramsay, Snead, Worthington NOES: None ABSENT: None ABSTAIN: None ATTEST: Diane Clavier, City CIerk (City Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIAN ' O ' THE CITY O ' MARATHON, FLORIDA ONLY: 4 011110 111111 " e 7 City Atto 4 la in a H205661 v1 VII I. At a 3 r o c'). � I z ,.. ..„.... 1-_,,p,1 , � .. x i a te , � , o a 0 , . ",....„:......::::„,,,_,....... , , -0 . . m .. ...., ...,,,,,.. ., g . ....... ... . , ..., , ,, , .. ,...: ,es '‘ ,.... -„.'s,".., , al t '' Keys -Wide Mooring Field System Preliminary Planning Document Prepared by the Monroe County Department of Marine Resources July 30, 2002 Table of Contents Overview Objectives Anchorage Site Evaluations Little Manatee Bay Blackwater Sound Tarpon Basin Buttonwood Sound Rock Harbor Community Harbor Windley Key Lorelei Little Basin East Bonefish Bay South Pine Channel Saddlebunch Harbor Boca Chica Harbor Cow Key Channel Wisteria Island Anchorage Site Evaluation Summary Review of Priority Anchorage Sites Buttonwood Sound Rock Harbor Community Harbor South Pine Channel Boca Chica Harbor Overview The Monroe County Department of Marine Resources is responding to the variety of negative impacts generated in crowded Keys anchorages. These impacts include seagrass damage from ground tackle, lack of space for transient vessels, abandoned and derelict vessels, sunken vessels, marine debris, and most importantly the illegal discharge of sewage. In 2001 Monroe County successfully implemented a mooring field in Boot Key Harbor as a means of managing anchorage related boating impacts. An ordinance was approved by the Board of County Commissioners authorizing the regulation of boating activities within that mooring field, as well as future County mooring fields. Also in 2001 the Board gave approval for the Department of Marine Resources to apply for grants to fund the implementation of moorings and associated pump -out facilities for a Keys -wide system of mooring fields. The Department of Marine Resources generated a `Project Proposal for a Keys -Wide Mooring System' which accompanied a Coastal Impact Assistance Program grant. The proposal outlined the extensive planning process involved to achieve a successful mooring field system. This `Preliminary Planning Document' (document) is the first document generated from the initial planning process. Each of the anchorage sites that were previously determined to be problem areas was visited and a site evaluation was conducted. The following sections describe the findings of those site visits, possible recommendations, and priority levels. This document is intended to be a starting point in the planning process. Each of the problem sites should be revisited with representatives of coordinating state and federal agencies to further review the situations and determine specific goals for each site, and the mechanisms to achieve those goals. Objectives It is important that the objectives of the Keys -wide mooring field system concept are clear from the start, and that all coordinating agencies agree on the goals. The following objectives have been identified: 1) Eliminate abandoned and derelict vessels in anchorage areas 2) Provide anchorage space and minimal services for transient vessels 3) Reduce benthic damage caused by ground tackle in anchorage areas 4) Eliminate the unlawful discharge of sewage into the water column Managed mooring fields have been acknowledged by Monroe County and the Department of Environmental Protection as a mechanism, or strategy, by which these objectives can be achieved. The appropriate disposal of vessel sewage is a major priority for this program. Anchorage Site Evaluations Each of the anchorage sites, identified in prior studies, was visited for a preliminary site evaluation by the County Marine Resources Planner between 12 March and 23 April 2002 (Diagram 1). A variety of site data was collected, including: physical and biological data (depth, seagrass, etc.), cultural data (types of boats and boaters), and logistical data (where boaters access land, availability of pumpouts, etc.) An `Anchorage Site Evaluation Form' was generated for each site using the collected data. The following fifteen evaluation forms are compiled in geographic order from the upper Keys to the lower Keys. Diagram 1 . Anchorage Sites Visited = ';; _ ,f (anchorages indicated in blue) Links Manataa Ba 1 Blaekwatw Sauna,., > Tarpon Basin,...._ '- - Buttonwood Soun4 i f Community Harbor . .. Rock Harbor Little Basin"' ti. , Wistaria Island East Bonefish Bay AN 4.440.4t, South Pine Charnel Saddlebunch Harbor Boca CNca Harbor Car Key Channel ANCHORAGE SITE EVALUATION FORM Date: March 12. 2002 General Information Region of Keys: Upper Keys Specific Location: Little Manatee Bay Current Anchorage Population: Only 3 vessels: 2 sail. 1 power Type of Vessels in Anchorage: Typical long -term liveaboards Water Depth: 4 -5' Benthic Environment: Sparse seagrass Bottom Type: SQft bottom Zoning (is site within a regulatory zone ?): No Site/Facilities Information Landing Facility (if any): none identified Pumpout Facility (if any): none Parking Facilities (if any): none identified Any County Facilities or Land? No Other Facilities (if any): Manatee Marina is the primary facility in the vicinity Site Overview General Condition/Situation: Very few boats anchored. Does not appear to be any significant problem. The several boats may be storage boats. They may use the marina for access (difficult to ascertain). Preliminary Recommendations: Leave as is. No apparent problems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13, 2002 General Information Region of Keys: Upper Keys Specific Location: Blackwater Sound Current Anchorage Population: Five Boats Type of Vessels in Anchorage: Both sail and power in good condition Water Depth: 6 -8' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): No Site/Facilities Information Landing Facility (if any): Caribbean Club and possibly Bayside Marine Pumpout Facility (if any): None Parking Facilities (if any): Possibly at Caribbean Club and Bayside Marine Any County Facilities or Land? No Other Facilities (if any): None Site Overview General Condition/Situation: On the south side of Stelrecht Pt. There are several vessels anchored adjacent to the Caribbean Club where they pay for dinghy dockage (may also use facilities at Bayside Marine). Closer to the point were several higher end vessels, probably friends of shorefront owners. This does not appear to be a real anchorage. transient or otherwise. Preliminary Recommendations: This site does not appear to be a heavily used anchorage and there are no significant problems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13. 2002 General Information Region of Keys: Upper Kevs Specific Location: Tarpon Basin Current Anchorage Population: Seven boats Type of Vessels in Anchorage: Mostly sail: good condition: probably transients Water Depth: 6 -8' Benthic Environment: Sparse seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): No Site/Facilities Information Landing Facility (if any): None apparent: most of the vessels are far from shore Pumpout Facility (if any): None Parking Facilities (if any): None apparent Any County Facilities or Land? No Other Facilities (if any): None Site Overview General Condition/Situation: There were several vessels along the eastern shoreline as well as the southwestern shoreline. Most were fairly far from shore. indicating that they are not landing anywhere. Most likely they are all transients. Preliminary Recommendations: This site does not appear to be a heavily used anchorage and there are no significant problems. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: March 13. 2002 General Information Region of Keys: Upper Keys Specific Location: Buttonwood Sound (Sunset Cove) around mm100 Current Anchorage Population: Approximately 25 boats Type of Vessels in Anchorage: Both power and (mostly) sailboats; typical long -term liveaboards as well as storage boats; many in poor condition: numerous derelict vessels. Water Depth: 6 -8' Benthic Environment: Moderate seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): No Site/Facilities Information Landing Facility (if any): Most of the liveaboards access land at the end of Bay View Drive. which is apparently County propertv. On the west side of the dead end is Marina Del Mar Banide. There is a small jetty and fill area where Iiveaboards tie up their dinghies. There is also a dirt ramp. The resort apparently allows the liveaboards to tie up there and walk on the propert y (which ma oy r may not be County property). Liveaboards leave cars, bikes. and mopeds on the right of way at the dead end. At the west end of the anchorage some Iiveaboards access land via the Smilin' Island property (451 - 1930). Pumpout Facility (if any): None Parking Facilities (if any): Only at Smilin Island, for those liveaboards at the western end of the anchorage. Any County Facilities or Land? Just the County road (Bay View Dr.) and the right of way. Other Facilities (if any): None Site Overview General Condition/Situation: Sunset Cove is a moderately used anchorage by mostly low -end liveaboards. The location of the anchorage is likely due to the access at the end of Bay View Drive and the proximity to shopping, laundry facilities. places of work. restaurants. etc. Preliminary Recommendations: This site is a problem for a number of reasons. Due to the low -end nature of the anchorage there are derelict, sunken and unattended vessels. The liveaboards park their vehicles on the right of way. Neighbors have complained about numerous problems including vandalism. noise. and drug use. Priority Level: High. This site. if developed as a mooring field. could also be convenient for transient vessels transiting the ICW. ANCHORAGE SITE EVALUATION FORM Date: April 17, 2002 General Information Region of Keys: Upper Keys Specific Location: Rock Harbor Current Anchorage Population: 30 - 35 boats Type of Vessels in Anchorage: Vessels in the outer anchorage are mid to high -end cruising sailboats (30 -40'). The inner. and primary anchorage is mostly lower to mid -end sailboats around 25 -30', but mostly kept up and in operational condition. There are a few power and houseboats. and only a very few abandoned or derelict vessels. Water Depth: The outer anchorage, adjacent to Rodriguez Key, 8 -10' deep, The inner anchorage ranges from 5 -8' deep. Benthic Environment: Seagrass. Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): No Site/Facilities Information Landing Facility (if any): The only shoreside access appears to be the end of 2" Ave.. located between Mandalay Marina (adjacent and to the east) and the new condo (adjacent and on the west side). The road dead ends into a impromptu ramp where dinghies tie off. The area is not protected and there is no dock. Pumpout Facility (if any): There is a public pumpout facility at Rock Harbor Marina. adjacent to and east of Mandalay Marina. The pumpout charge is $5. Parking Facilities (if any): Liveaboards simply _park on the right -of -way at the end of 2 Ave, Any County Facilities or Land? The road (2" Ave.) is County. all the way to the ocean. Other Facilities (if any): There are several facilities in the area. but none that currently serve the liveaboard community. The pumpout facility at Rock Harbor Marina is there to serve the public, but is not currently used by the boaters in the anchorage. Site Overview General Condition/Situation: The Rock Harbor anchorage has light to moderate use by both local liveaboards and a few true cruisers. There are two distinct anchoring areas: the outer anchorage behind Rodriguez Key which is used by transients as a stopover; and the inner anchorage closer to shore which is utilized almost exclusively by liveaboards. The liveaboard community at this anchorage does not appear to cause a large problem. Most of the vessels observed appeared to be in working condition and are often used for sailing as well as a home. There are only a few run -down. abandoned. or sunken vessels. The significant problems noted were the lack of proper sewage disposal, the lack of appropriate dinghy dockage. and a lack of appropriate parking. There have been no significant complaints about these problems. However, the Public Works Department reported that due to a few complaints about ggyking they installed `no overnight parking' signs on the east side of 2" Ave. The existence of the public pumpout facility at Rock Harbor Marina could be utilized to alleviate the sewage issue. As far as dinghy dockage. if the County chooses to provide dockage it may be possible to do so utilizing the public property at the end of r Ave. However. there is little room for a dinghy dock and no real appropriate parking area. Preliminary Recommendations: This anchorage area has existed for many years and is apparently geographically convenient for both local and transient boaters. Although it may be possible to close down the end of 2" Ave. to access for dinghies or parking to eliminate the anchorage. that is probably not a good solution. Considering that there is an existing pumpout facility and County property (2° Ave.) adjacent to the anchorage. the County should further investigate possible scenarios for providing proper infrastructure without developing the anchorage and increasing the number of vessels and associated impacts. Priority Level: Moderate. ANCHORAGE SITE EVALUATION FORM Date: March 20.2002 General Information Region of Keys: Upper Keys Specific Population: Community Harbor: MM 91.7 Current Anchorage Capacity: Approximately 20-25 boats Type of Vessels in Anchorage: Both power and (mostly) sailboats: typical long -term liveaboards as well as some storage boats: many in poor condition: numerous derelict vessels; some sunken and abandoned vessels. Water Depth: 4 -5' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): Idle Speed/No Wake Site/Facilities Information Landing Facility (if any): Vessels use the facilities at Mangrove Marina (852- 8380). if they so choose. Steve Kurtz and Bernard Chiles are the co- owners. The marina management charges vessels for use of the facilities which includes dinghy dockage, laundry. showers. parking. etc. They currently charge $125 -200 per month. depending on the size of vessel and number of occupants. Pumpout Facility (if any): Mangrove Marina has all their docks plumbed. as well as a pumpout station at the fuel dock ($15 per pumpout). The pumpouts are not used by the anchor -outs. Parking Facilities (if any):Parking is provided at Mangrove Marina in their fee. Any County Facilities or Land? None Other Facilities (if any): None Site Overview General Condition/Situation: Community Harbor is a well defined harbor. bounded by the shoreline and the mangrove fringe. A County marked channel marks the entrance to the harbor with a controlling depth of 4'. The entire harbor area is an idle speed zone. The harbor has been a light to moderate use anchorage for many years. primarily used by low -end local liveaboards. Many of the vessels scour the bottom or rest on the bottom. This site has the typical anchorage problems including ground tackle damage. derelict and abandoned vessels. and illegal sewage dumping. The new marina owner has upgraded and improved the facility. which now offers it's services to the anchor -outs. Management supports the implementation of a mooring field. Preliminary Recommendations: The problems in the anchorage could be minimized by putting vessels on moorings and requiring routine pumping out. The existing infrastructure at the adjacent marina would facilitate the implementation of a mooring field. It would be necessary to work out an arrangement between the County and the marina for management of the anchorage. , The facility could also accommodate shallow draft cruising vessels. Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: March 27, 2002 General Information Region of Keys: Upper Keys Specific Location: Windley Key (bayside); mm 84 Current Anchorage Population: 10 boats Type of Vessels in Anchorage: Both sail and power vessels. and several floating structures. All in poor condition, some abandoned. Several sunken vessels and several tied up to mangroves. All appear to be either local liveaboards or storage vessels. Only three of the vessels were floating and in any decent type of condition. Water Depth: 4-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): N/A Site/Facilities Information Landing Facility (if any): There are absolutely no facilities including shoreside access. Boaters dinghy into a small break in the mangroves adjacent to US1. Pumpout Facility (if any): No facilities Parking Fadlities (if any): None. Boaters either walk or leave bikes in the mangroves. Any County Facilities or Land? None Other Facilities (if any): This site is directly across US 1 from Holiday Ijle Marina and Resort. Site Overview General Condition/Situation: This has always been a low -end anchorage and storage site for local boaters. All vessels at the site are in disrepair and should not be on the water. Many appear to have gone from liveaboards. to storage vessels. to sunken vessels. There are no facilities to make this a convenient anchorage. Liveaboards probably find this site amenable due to the somgwhat hidden location of the anchorage and few people notice it, as well as the easy /unregulated access through the mangroves. Preliminary Recommendations: This site is totally inappropriate as a liveaboard anchorage, and is treated as a dumping grounds for old vessels. If not for the access through the mangroves the site would probably not be used at all, It is however a convenient and aesthetically pleasing site (if cleaned up) for cruisers transiting the ICW. As no facilities are available. it would be an excellent one or two night stopover for cruisers that require no facilities. including landing. A recommendation would be for the Village of Islamorada to shut off the mangrove access to anyone. remove all the derelict/sunken vessels and simply allow this small harbor to be used by transient vessels. Those vessels would be entirely on their on with no facilities or land access. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: March 27.2002 General Information Region of Keys: Upper Keys Specific Location: Big Basin/Lorelei (bayside): mm 82 Current Anchorage Population: Approximately 50 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels. Both transient and local liveaboards. Most vessels in moderately good condition. Water Depth: 6-8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): None Site/Facilities Information Landing Facility (if any): There are several marina facilities in the vicinity of the anchorage site. Although not confirmed boaters probably utilize the Lorelei and some of the other facilities for shoreside access as well as for dining and entertainment. Pumpout Facility (if any): None Parking Facilities (if any): Whatever parking is provided at the adjacent marinas that allow dinghy dockage. Any County Facilities or Land? None • Other Facilities (if any): the various marina facilities adjacent to the anchorage. Site Overview General Condition/Situation: This is a significant anchorage site that appears to be utilized both by local liveaboards as well as true transiting cruising vessels. Many of the vessels (particularly in the eastern portion of the anchorage) are higher end cruising equipped vessels that are well kept. The lower end vessels generally are at the western end of the anchorage, and along the mangrove fringe. The local liveaboard vessels appear to be both mid and low -end, with some storage vessels and a few abandoned vessels. Preliminary Recommendations: This site has been a heavily used anchorage for many years, probably due to the proximity to the ICW as well as local shopping and establishments in this popular area of Islamorada. The anchorage is not nearly as bad as some overcrowded anchorages. The majority of the boats appear in good condition. This would make an excellent managed mooring field that could serve local liveaboards as well as the cruising yachtsman. If developed this anchorage could become a prime destination (or stay -over) for high -end transients. However. that decision will probably be up to the Village of Islamorada. Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: March 27. 2002 General Information Region of Keys: Upper Keys Specific Location: Little Basin (bayside); mm 81 Current Anchorage Population: Approximately 15 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels, including a few houseboats. No transients. all low -end local liveaboards or storage vessels. Water Depth: 3 -4' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): None Site/Facilities Information Landing Facility (if any): There are several marina and resort facilities located on the shore of Little Basin. None of these facilities, however, are likely to allow dinghy dockage for the low - end boaters. Most of the vessels are in very poor condition and up in the shallows. some tied to mangroves. It doesn't appear that many of the vstssels are actually used for living aboard. Pumpout Facility (if any): World Wide Sportsman Parking Facilities (if any): Whatever parking is provided at the adjacent marinas/resorts that may allow dinghy dockage. Any County Facilities or Land? None Other Facilities (if any): the various marina facilities and resorts adjacent to the anchorage. Site Overview General Condition/Situation: Little Basin is not a heavily used anchorage, primarily due to the lack of depth (less than 3'). Most of the vessels that are anchored should probably not be in the water, and are certainly not good for the environment. Preliminary Recommendations: This site should not be considered for an anchorage, due to the shallow controlling depth throughout the basin. This site should be shut down from allowing vessel anchoring. The Village of Islamorada also has jurisdiction in this area. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: April 17, 2002 General Information Region of Keys: Middle Keys Specific Location: East Bonefish Bay Current Anchorage Population: 12 -15 boats Type of Vessels in Anchorage: All of the vessels anchored are very low -end liveaboard vessels, including: sailboats, powerboats. houseboats. and floating structures. There are many sunken, abandoned and derelict vessels. Water Depth: 2 -8'. The harbor is dredged along_the developed shoreline. but quite shallow throughout the harbor itself. Most of the harbor was historically a shallow mangrove fringed lagoon. Benthic Environment: Sparse seagrass. Turbidity is high. visibility and light penetration is low. leading to a lack of thriving seagrass beds. Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): The perimeter of the lagoon along the residential shoreline is idle speed/no wake, Site/Facilities Information Landing Facility (if any): Few of the vessels anchored appear to be actually used and live on. Those few that are actual liveaboards apparently dinghy into the docks at one of the fish houses. Pumpout Facility (if any): The only pumpout facility in the vicinity is at Marie's Yacht Harbor, which is over a half -mile away. Parking Facilities (if any): If any of the liveaboards have vehicles they apparently leave them parked at one of the fish houses. Any County Facilities or Land? None Other Facilities (if any): There are several fish houses and docking facilities located on the western shoreline of the bay. These fish houses supply dockage to commercial fishermen. but have absolutely no facilities for anchor -outs. Site Overview General Condition/Situation: East Bonefish Bay appears to be a relic of what once was a lightly used liveaboard anchorage. Most of the bay is extremely shallow and inappropriate for anything other than overnight anchoring of shallow draft vessels. People have left a variety of low -end vessels and floating structures anchored out for storage and a few liveaboards. None of the vessels are in any kind of functioning condition and all are creating an environmental impact. This anchorage is similar to what was found in middle Bonefish Bay some years back, which the City of Key Colony Beach put an abrupt end to. Preliminary Recommendations: This anchorage falls under the jurisdiction of the City of Marathon. All sunken and derelict vessels should be removed. The City of Marathon should consider a policy of no liveaboards in East Bonefish Bay. as the bay is not appropriate as an anchorage of any kind. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: March 27. 2002 General Information Region of Keys: Lower Keys Specific Location: South Pine Channel (oceanside): mm 29 Current Anchorage Population: Approximately 20 boats Type of Vessels in Anchorage: Both sail (mostly) and power vessels. Mostly low -end liveaboard vessels. storage vessels and a few houseboats and small commercial fishing vessels. Many of the liveaboard vessels are in disrepair. some obviously incapable of navigation. There are numerous abandoned and sunken vessels. There are. however. a few moderate to high end transient vessels located further out in the anchorage. Those vessels likely stay over just for a few nights without accessing shore. Water Depth: 2 - 8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): None Site/Facilities Information Landing Facility (if any): The only facility adjacent to the anchorage site is the `swimming hole' basin located off of US1 at the foot of the bridge. This is a deep draft basin Suitable for landing. Liveaboards dinghy into the basin (a few dinghy straight to the causeway) and most have bicycles they leave in the mangroves along the causeway or at the basin itself. There appear to be no other shoreside access points in the anchorage vicinity. Pumpout Facility (if any): none Parking Facilities (if any): None. The USFWS manages public properties in Big Pine, including the `swimming hole' parcel. and do not allow parking at night. Any County Facilities or Land? The State purchased the parcels adjacent to US1 and the `swimming hole' several years ago. The `swimming hole' appears to be quite suitable as a boat basin. and for the implementation of any infrastructure. However. there is a 3-4' controlling section at the mouth of the boat basin which currently prohibits use as a turning basin for most sailboats. The shallow controlling depth also makes permitting of docks or a boat ramp difficult. Other Facilities (if any) : , Dolphin Marina is on the opposite side of South Pine Channel. but management at the marina has no desire to provide pumpout facilities or accommodate the liveaboard boaters. Site Overview General Condition/Situation: The Quth Pine Channel anchorage is an unusual situation. There is a deep draft basin adjacent to the anchorage field. but the field itself is quite shallow ranging from 2 -8'. The bottom topography is not homogeneous. There appears to be a slightly dredged area (--5') just outside of the basin. but there are numerous shoals all around the dredged area. There is no one area of significant size that would accommodate deep draft recreational vessels or a mooring field. Probably the only reason there are vessels in the area at all is because the basin ('swimming hole'} is there which provides a landing for dinghies. Low -end liveaboards typically utilize any possible shoreside access. and at this site they have exploited the access that is there. Installing pumpouts at the basin would not be practical because (if the ve w ! _ , vi ab , ition the in ' llin death w • R . ev- u • •. +a entering the basin. A pumpout barge would be a practical alternative. but unless the boats are on managed moorings. effective pumpouts likely would not happen. A managed mooring field may not be a viable option due to the lack of depth throughout the area. There is an additional problem at the site due to the Dower lines on the south side of the bridge. Vessels have been known to drag anchor into the wires causing a hazardous situation. Preliminary Recommendations: Upon initial review it appears that the only feasible option is to eliminate the anchorage via eliminating the shoreside access. This anchorage needs to be, studied further to consider more options. Water depths are a critical issue. Priority Level: Moderate ANCHORAGE SITE EVALUATION FORM Date: April 16, 2002 General Information Region of Keys: Lower Keys Specific Location: Saddlebunch Harbor Current Anchorage Population: Three boats Type of Vessels in Anchorage: Only three vessels were seen. Two sailboats and one power boat, all under 25'. None appeared to bepermanent liveaboards, more likely stored boats. Water Depth: 5 -8' Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): None Site/Facilities Information Landing Facility (if any) :None Pumpout Facility (if any): None Parking Facilities (if any): None Vessel owners may possibly use the Shark Key boat ramp as access, and tie dinghies up in mangroves. Any County Facilities or Land? None Other Facilities (if any): None Site Overview General Condition/Situation: Although at times there have been a dozen or so vessels anchored in Saddlebunch Harbor, there are only a few currently anchored. There does not appear to be any problem or impacts from those few vessels. Preliminary Recommendations: Nothing needs to be done in this area. Priority Level: Low ANCHORAGE SITE EVALUATION FORM Date: April 16.2002 General Information Region of Keys: Lower Keys Specific Location: Boca Chica Harbor Current Anchorage Population: 100 -130 boats Type of Vessels in Anchorage: Most of the vessels in the anchorage are local Lveaboards, many low -end vessels in poor condition. Many vessels are storage boats, some partially dismantled. and many sunken. There is a group of small commercial fishing vessels in the northwest anchorage area. There are some moderate to high end vessels as well. mostly sail. There are numerous power vessels. including houseboats. mostiv in poor condition. At the southern end of the area is a group of larger cruising sailboats in good condition (these appear to be vessels that may be transient). Water Depth: 2 -8'. The harbor has a complex system of shoals which breaks the anchorage into pockets of vessels. Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): None Site/Facilities Information Landing Facility (if any): There are a number of landing sites. Peninsula Marine at the southeast tip of Stock Island has dinghy dockage and facilities (296- 8110). as well as sailboats on Mediterranean moors in their boat basin. Dinghies were also seen along the seawall and on docks along the east side of Stock Island and next to Munro's Marina. There appears to be a variety of shoreside accesses. depending where the vessels are anchored in the harbor. Pumpout Facility (if any): Unknown. Possibly at Peninsula Marine. Parking Facilities (if any): There appears to be parking at the trailer parks on the eastern shoreline of Stock Island where dinghies were seen. Parking is also provided at Peninsular Marine. Any County Facilities or Land? None Other Facilities (if any): There are numerous marinas. fish houses. a campground and other facilities on the eastern side of Stock Island. This site needs to be researched further to better determine shoreside accesses and facilities. The facilities must be there or the boaters would not be. Site Overview General Condition/Situation: The Boca Chica harbor anchorage area is a significant anchorage. second in size only to Christmas Tree Island and possibly Boot Key Harbor. The anchored vessels are spread out over a very large area. Different types of vessels (fishing boats, house boats. cruisers. saillliveaboards) appear to anchor in particular areas of the harbor. More research needs to be conducted in the harbor to determine the rhyme and reason for the anchoring patterns and the association to shoreside facilities. Preliminary Recommendations: Boca Chica harbor has a large anchorage with all the associated negative impacts. The anchorage appears to be highly suitable as a managed anchorage/mooring field. More work needs to be done in the area to determine what facilities are along the shoreline. where the boaters need and use these facilities. and how best to develop the facilities to support the anchorage in coordination with the County. Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: April 23. 2002 General Information Region of Keys: Lower Keys Specific Location: Cow Key Channel (north and south) Current Anchorage Population: 50-60 boats Type of Vessels in Anchorage: Nearly all of the vessels anchored adjacent to Cow Key Channel (also considered the Houseboat Row area) are very low -end boats and floating structures. There are sail and power boats. houseboats. structures. parts of boats. modified boats. etc. There are numerous DN's, abandoned boats. storage boats. and sunken boats. There are also about eight sailboats anchored adjacent to the northern extension of Cow Key Channel (these boats are low- end but not as bad as the boats in the main anchorage area). Water Depth: 2 -5'. Benthic Environment: Seagrass Bottom Type: Soft bottom Zoning (is site within a regulatory zone ?): the anchorage is just south of the Cow Kev Channel slow speed zone. Site/Facilities Information Landing Facility (if any): Most of the Iiveaboards dinghy into the seawall and tie up in the mangroves adjacent to Houseboat Row. Pumpout Facility (if any): None Parking Facilities (if any): There are no real facilities available to the liveaboards and no parking. Any County Facilities or Land? None Other Facilities (if any): There are several marina facilities across the channel from the anchorage area. on the western shoreline of Stock Island. These facilities do not service the anchorage in any way, and none have pumpout facilities. Site Overview General Condition/Situation: The anchorage at Cow Key Channel is probably the most inappropriate of all the anchorages observed. There is not enough depth in any part of the anchorage suitable for anchoring. with many vessels resting on the bottom through part of the tidal cycle. There are no appropriate facilities for the liveaboards. including shoreside access. Most of the vessels are in deplorable condition. Many vessels are lust abandoned after they no longer suit the needs of the owner. The bottom has been denuded in the area due to the scouring from ground tackle. and there is much marine debris scattered about. Preliminary Recommendations: Cow Key Channel is not. and never will be. an appropriate area for anchoring (particularly for long -term) primarily due to the lack of depth. Every attempt should be made by the City of Key West to regulate this area and through regulations make all the anchored vessels relocate or be disposed of. The marine debris should be removed. Most of the vessels in this area are not functional. nor do they conform to state and federal safety and environmental regulations. Priority Level: High ANCHORAGE SITE EVALUATION FORM Date: April 23.2002 General Information Region of Keys: Lower Keys Specific Location: Wisteria Island/Fleming Key anchorage area Current Anchorage Population: 250 -400 boats Type of Vessels in Anchorage: Mostly liveaboards on everything from low -end sail and power boats. modified vessels. and floating structures to mid and high -end sailboats. There are several dozen vessels, mostly sail, in condition that appear to be true cruising boats located in particular areas of the larger anchorage area. There are numerous D/V's. abandoned and sunken vessels as well as marine debris scattered around the shoal areas. There are numerous old boat hulls washed up on the shore of Wisteria Island. There are also a handful of charter sailboats. Water Depth: 2 -15'. Benthic Environment: Mostly seagrass Bottom Type: Mostly soft bottom Zoning (is site within a regulatory zone ?): No Site/Facilities Information Landing Facility (if any): It was difficult to determine from the preliminary survey where boat owners dinghy into shore. There are a number of marina facilities located along the western shore of Key West that may provide dinghy dockage and other services. However. for most of the anchorage area that would be a long dinghy ride which would include crossing the busy main channel with much boat traffic. Vessels are anchored all along the western shoreline of Fleming Key. however the land is a restricted area and landing is not allowed. There does not appear to be suitable facilities for shoreside access for the several hundred vessels anchored in the area. Pumpout Facility (if any): Several of the marinas in Key West have pumpout facilities. Parking Facilities (if any): Parking could not be determined from the preliminary survey. Any County Facilities or Land? None Other Facilities (if any): N/A Site Overview General Condition/Situation: The Wisteria Island/Fleming Key anchorage area appears to be the largest and most problematic anchorage in the K - ys. The anchorage area. which covers several miles. appears to be comprised of several smaller anchorages that overlap somewhat. Different types of vessels and accompanying lifestyles were observed from one specific area to another. The dozen or so vessels anchored between Wisteria Island and Sunset Key appear to be mid to high -end true cruising vessels anchored in appropriate depth water. This location is close to the ships channel and real cruising grounds. and the vessels appear to be cruisers. On the north side of Wisteria the water is quite shallow in areas. with vessels in the worst condition typically in the shallows and vessels in better condition in the deeper water to the west and northwest of the island. Almost all vessels in these areas appear to be local liveaboards. Just across Man of War Harbor. another hundred or so mostly low -end vessels are anchored adjacent to Fleming Key. with a few true cruising boats at the southerly end of that anchorage. At least half of the vessels anchored throughout the larger anchorage area are inoperable and in terrible condition, many just waiting to be abandoned or sunken. Preliminary Recommendations: This enormous anchorage grounds is truly out of hand. The area is in dire need of management and enforcement of regulations. There are probably hundreds of DN's, abandoned and sunken vessels to be removed at the expense of the public. There are plenty of marine facilities in the area that could possibly be developed to provide services to the liveaboard and cruising community. It seems feasible that the City of Key West could further develop it's mooring field system to provide suitable managed moorings to operable vessels, both cruising and liveaboard. The cruising community would probably welcome a system of moorings. pumpout services, shoreside access and information. Dealing with the local liveaboards will be a larger issue. Wisteria Island itself looks like a feasible location for facilitating management and providing limited services. The City of Key West should continue with studies to further evaluate the anchorage area and pursue developing a master plan to address the problems. Priority Level: High Anchorage Site Evaluation Summary Of the fifteen anchorage sites evaluated only ten sites were considered to be a moderate or high priority in regards to significant problems that need to be addressed through some level of anchorage management (Table 1). The five sites determined to be a low priority had very few vessels anchored (seven or less), with few boating impacts observed, and no history of reported problems or complaints. Those five sites do not need to be considered for any further planning or review for the purposes of a Keys -wide mooring field system at this time. Table 1. MANAGEMENT NEEDS PRIORITY LEVEL Anchorage Site High Moderate LAw Little Manatee Bay X Blackwater Sound X Tarpon Basin X Buttonwood Sound X Rock Harbor X Community Harbor X Windley Key * X Lorelei * X Little Basin * X East Bonefish Bay ** X South Pine Channel X Saddlebunch Harbor X Boca Chica Harbor X Cow Key Channel * ** X Wisteria Island * ** X * indicates anchorage sites within or adjacent to the jurisdictional boundaries of the Village of Islamorada ** indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Marathon * ** indicates anchorage sites within or adjacent to the jurisdictional boundaries of the City of Key West The ten anchorages listed as moderate or high priority sites were found to have a greater population of vessels and were observed to have some significant boating impacts that need to be addressed. Five of those ten sites are within or adjacent to the jurisdictional boundaries of an incorporated area, and any further studies or recommendations for those sites should be left to the discretion of the management of those cities (i.e. Village of Islamorada, City of Marathon, and the City of Key West). This document should be provided to those cities for their review. The remaining five anchorage sites (denoted in Table 1 with a bold X), which are located within unincorporated Monroe County, were observed to have a considerable number of vessels and associated boating impacts, and are reviewed further in this document and recommended to be included in the subsequent planning processes. Review of Priority Anchorage Sites The anchorages at Buttonwood Sound, Rock Harbor, Community Harbor, South Pine Channel, and Boca Chica Harbor were determined from the site evaluations to be moderate to high priority sites. These five anchorages complete the list for sites that merit further research, planning, and possible development as a managed anchorage or mooring field (at this time). Table 2 provides a breakdown of some of the general findings at each site. Table 2. ANCHORAGE SITE GENERAL FINDINGS Number Landing Pumpout Derelict Water Used by Anchorage Site of boats facility facility problem depth transients Buttonwood Sound 25 none none yes 6 -8' no Rock Harbor 30 -35 none yes yes 5 -10' yes Community Harbor 20-25 yes yes yes 4 -5' yes South Pine Channel 20 none none yes 2 -8' yes Boca Chica Harbor 100 -130 none none yes 2 -8' yes The one problem that each of the five anchorages has in common is derelict vessels. Every anchorage in the Keys that is home to local liveaboard boaters generates derelict, abandoned and sunken vessels. Four of the five anchorages were noted to have similar vessel population levels (20 -35). Boca Chica Harbor, however has over one hundred vessels and the greatest liveaboard impacts. Although only four of the five anchorages were found to be used by transients, all of the anchorages are adjacent to either the Intracoastal Waterway (ICW) or Hawk Channel. The anchorage that did not have a significant number of transients (Buttonwood Sound) probably would be utilized by cruisers (transients) if facilities were available and the anchorage was not overrun with liveaboards. Three of the five anchorages are located on the oceanside (Rock Harbor, South Pine Channel, and Boca Chica Harbor) and range from the upper Keys to near Key West. Two of the anchorages (Buttonwood Sound and Community Harbor) are located on the bayside in Key Largo. Two existing managed anchorages (mooring fields) are located in Boot Key Harbor in the middle Keys and at Garrison Bight in Key West. Each of those mooring fields is accessible from both the ocean and bay sides. The development of the five anchorage sites would result in a system of managed anchorages /mooring fields spread throughout the Keys, accessible to transients cruising both the oceanside and bayside. Such a system would not only provide secure anchoring facilities, but convenient legal pumpout access as well. Diagram 2 indicates both the current managed mooring fields and the location of the five anchorages listed above. This diagram illustrates the connectivity of a proposed managed anchorage/mooring field system, which would be convenient for the typical transient who cruises between 20-40 miles per day (meeting the objective of DEP's Anchorage Program). Diagram 2 4�4 Existing and Potential Managed Anchorage Sites '4 \ (potential managed anchorages indicated in blue existing managed mooring Beids indicated in red) Buttonwood Sound, Community Harbo Rock Harbor Garrison Bight ' �y Boot Key Harbor South Rem Channel Boca Chico Harbor Buttonwood Sound Like many liveaboard anchorages, the anchorage at Sunset Cove on Buttonwood Sound is utilized due to the convenient (and free) access to land. Although some of the boaters pay for dinghy dockage at Smilin' Islands (located adjacent to the western end of the anchorage) most of the boaters exploit the access at the dead end of Bayview Drive (adjacent to the eastern end of the anchorage). Because this is not a formal landing this utilization has resulted in neighborhood problems, including: vehicles parked on the right of way, litter, petty thefts, loitering, dinghies tied along the shoreline, etc. There are similar impacts on the water, including: abandoned and derelict vessels, sunken vessels, drug use, seagrass damage, and of course the illegal discharge of waste. This is a very low -rent anchorage, with most of the vessels in poor condition (leading to abandoned and sunken vessels). Just this year a boat was set on fire by juveniles and sank. Sunset Cove is adjacent to the ICW. Although it is only lightly used by transients, it would be a convenient anchorage if minimal amenities were provided. It may not be practical to develop the end of Bayview Drive for dinghy dockage and pumpout provisions, as this is a residential neighborhood. It may be possible to work with the proprietor /owner of the Smilin' Islands property to upgrade their existing dinghy dockage and provide pumpout service, either through the installation of a pumpout system or use of a pumpout barge. The County could arrange an agreement with the management to manage a small mooring field. The problems at Bayview Drive could then be addressed via the installation of a barrier at the end of the road to prevent launching, and a prohibition on overnight parking (which has already been done at Rock Harbor). Developing the existing facilities (Smilin' Island) and cutting off use at Bayview Drive appears to be a feasible alterative to the existing conditions. A small managed mooring field would reduce the current impacts as well as serve transient vessels cruising the ICW. Rock Harbor Rock Harbor is the northernmost liveaboard anchorage on the oceanside of the Keys. In addition to the liveaboards, Rock Harbor also provides anchorage to transients who regularly anchor in the lee of Rodriguez Key as a stopping place. Like the Buttonwood Sound anchorage, the shoreside access at Rock Harbor is simply where a County road (2 Ave.) meets the ocean. Unlike Buttonwood Sound, however, this is not primarily a residential neighborhood. Second Ave. is adjacent to several marinas (Mandalay Marina and Rock Harbor Marina) and a short distance from a boat yard, making the area more appropriate as an anchorage. Although not currently utilized by vessels in the anchorage, Rock Harbor Marina does provide pumpout services to the public for $5. The anchorage appears to be used by both low and high -end vessels. Although derelict and abandoned vessels are not as great a problem here as in some Keys anchorages, the problems do exist. Dinghy dockage and parking appear to be the most obvious problems. There is no appropriate tie off for dinghies, and the County has created a 'no overnight parking' ordinance to address the problem of vehicles left along the right -of -way. As with the situation at Buttonwood Sound, it is probably not practical to develop the end of the road for shoreside services. However, the possibility for exploiting the marine services at either Mandalay Marina or Rock Harbor Marina to help provide dockage, parking, and pumpouts to the anchor -outs may be a feasible alternative. As with any other anchorage area, managed moorings may be the only means to ensure that vessels utilize approved pumpout facilities. Community Harbor On the opposite end of the spectrum from Buttonwood Sound and Rock Harbor is Community Harbor. All necessary services and amenities already exist and are accessible at Mangrove Marina. Although relatively shallow, Community Harbor has historically attracted low -end vessels, resulting in the typical derelict/sunken vessel problems. The harbor is adjacent to the ICW, and many conveniences are a short walk from the marina in the main section of Key Largo. The marina owner /management has already indicated a desire to have moorings installed to help alleviate the negative impacts from the resident liveaboards in the harbor. This anchorage appears to be a managed mooring field waiting to happen, and would only require a detailed management agreement between the County and Mangrove Marina to have the marina collect mooring fees and oversee pumpouts. South Pine Channel Pine Channel, on the south side of the bridge, has long been an anchorage to low -end local liveaboards. Like at Buttonwood Sound and Rock Harbor, the boaters have located here due to the proximity to an easy and free land access. Unlike the other locations however, the land access is not the end of a road but a dredged boat basin (known locally as the swimming hole). Although controlling depths are quite shallow, the boat basin has great potential for the installation of basic infrastructure to serve a mooring field. The `swimming hole' was obtained through the CARL Program and may soon be transferred from the State to the County. Dinghy dockage could easily be built and pumpout facilities could be implemented via pumpout equipment or a pumpout vessel. Although there are currently a minimum number of vessels using this site, it would be prudent to move ahead with some level of management, as the numbers and impacts fluctuate frequently. Problems with boat masts hitting the overhead powerlines is an additional incentive to provide safe, secure moorings. Boca Chica Harbor Boca Chica Harbor is by far the most heavily used of the five anchorages recommended for management. Controlling depths are not a problem for mooring installations, and would curtail the seagrass damage occurring in the shallower areas. Although similar in use to the before mentioned sites boaters utilize a number of locations for dinghy landing, making it difficult to ascertain how and where to best provide shoreside facilities. This anchorage is probably the most appropriate for development into a managed harbor due to the extensive use and high level of impacts. In addition, a significant number of transients utilize the harbor as a stopover, which is convenient to Hawk Channel. If an appropriate site /parcel could be found along the western shoreline for the County to possibly purchase and develop then all services could be provided in one location. The size of the harbor, the usage, and needs are very similar to Boot Key Harbor. Like Boot Key Harbor this would be a large, long term project and commitment by the County. Development of a Boating Management Plan for the Boca Chica Harbor Area Preliminary Review By the Monroe County Office of Marine Resources September 2008 Introduction: The Boca Chica harbor area has in recent decades become a home for over a hundred vessels representing a variety of boating user groups (Fig. 1). And while one area of the harbor is managed for specific established uses (e.g. the Navy mooring field), most of the harbor remains unmanaged and is being used by boaters for the purposes of vessel storage and living aboard. The long -term anchoring of both recreational and commercial vessels has become a growing problem for the County to deal with, particularly in the Boca Chica area. Impacts directly associated with these vessels include benthic damage, abandoned and derelict vessels, and the illegal discharge of sewage. In March 2008 the Monroe County Board of County Commissioners addressed these growing issues by passing Resolution 078 -2008, which acknowledges environmental impacts associated with the unregulated anchorage at Boca Chica harbor. The resolution further directs staff to evaluate the potential of establishing a managed mooring field and pumpout facility to serve boaters and protect the environment. This Preliminary Review attempts to further describe the impacts, characterize the harbor area and users, evaluate the feasibility of establishing moorings, and provide options to address the problems. Figure 1. Boca Chica Harbor Area fi x._ h , Anchorage Issues in the Keys: Monroe County has long been aware of impacts related to anchoring activities throughout the Keys. There are at least fifteen areas between Key Largo and Key West that have been historically used by anchor -outs. Several of these anchorages only have a few dozen boats at any given time, many of which are transient. But more commonly the larger anchorages contain fifty to a hundred or more boats, many of which rarely move. These anchorages, used for wet storage and liveaboards, create the majority of the anchorage - related impacts. The long -term anchoring of vessels has become not only a County concern, but also a state concern. The state FFWCC and DEP have recognized the problems associated with long -term anchoring and are considering establishing new policies limiting the length of stay for vessels on sovereign submerged lands. The concept is to keep cruising boats cruising and ensure that the waters and harbors of the state are available for all recreational boaters. Impacts associated with storage boats and liveaboard vessels have become more obvious to the general public as anchorages increase in size, and impact not only the environment but also staff resources and public funds. The Monroe County Comprehensive Plan addresses these issues and provides policies (under Goal 202) directing the County to reduce impacts through the identification of liveaboard anchorages, the implementation of pumpout facilities, and the potential for developing mooring fields to properly manage vessels and liveaboards. As a result, several studies by Monroe County have been conducted to collect data regarding anchorages, characterize users and associated impacts, and generate options and solutions. In 2001 the Marine Resources Department provided a Project Proposal for a Keys - Wide Mooring Field System to the DCA describing the impacts associated with liveaboard anchorages, and suggested a system of mooring fields throughout the Keys that would provide for local liveaboards as well as transient cruisers. The proposal also discussed the need for a `six month policy' at the state level to provide the County with authority to limit the length of stay at an anchorage. The `six month policy' is now being considered by both the DEP and FWC. In 2002 the Marine Resources Department conducted an in -depth study of anchorages and associated impacts throughout the Keys (Keys - Wide Mooring Field System Preliminary Planning Document). All identifiable anchorage areas were visited to determine the distribution of anchored vessels throughout the County, and set priorities for mooring field implementation and development. The evaluations included a characterization of each anchorage site including numbers of vessels, types of vessels, available shoreside access, the benthic environment, and any existing facilities. Results of the study indicated five anchorages as moderate to high priority sites in need of boating management. Anchorage Issues in Boca Chica Harbor. The 2002 study indicated that the Boca Chica harbor area was the most heavily used of the five anchorages in need of boating management. The anchorage had over one hundred vessels, with no pumpout facilities or designated shoreside facilities available. Water depths varied greatly, with many vessels anchored in less than three feet of water over seagrass flats. The area was used by liveaboards and transients, as well as commercial fishermen that store their boats at anchor. Derelict and abandoned vessels were found to be a prevalent problem throughout the anchorage. Moorings were suggested in the study as a means of managing the anchorage area and reducing the multiple boating related impacts. It was also determined that the area is a preferred location for several dozen transient boaters, as a stay -over or a jumping off point to the Bahamas. The 2002 plan suggested the need to locate an appropriate parcel on the east side of Stock Island to develop as a shoreside facility. The following objectives for a mAnaged mooring field were cited in the plan: 1) Provide fair and e q uitable access to user gro for utilization of popu anchorage areas 2) Minimize co nflicts between anchor -outs and shoreside residents 3) Ensure compliance with the Clean Vessel Act 4) Provide approved pump -out services at all popular anchorage areas 5) Assist wi the implementation of `no discharge zone' status for the Florida Keys 6) Provide necessary shoreside services and. am ities to transient and local liveaboard boaters 7) Removal of accum ulated marine debris, ncluding illegal moorings, in anchorage areas 8) Eliminate abandoned in anchorage areas and derelict vessels 9) Provide saf and s ecure vessel mooring 10) Protect and promote the health of benthic resources in and adj t to anchorage areas acen The Boca Chica Harbor Anchorage in 2008: Issues related to the unregulated anchorage at Boca Chita Harbor persist, and the numbers of derelict vessels are increasing. The Florida FWC and the County Marine Resources Office continue to remove abandoned vessels from the anchorage using Boating Improv Funds (Fig. 2). There has been a trend towards multiple boat ownership, with one person collecting and storing four or five vessels that ultimately become derelict. And the County is now dealing with larger steel vessel being stored in and adjacent to navigable channels used by marina patrons and comm fisherm The expense of remo and destroying th ese larger vessels has nearl doubled the annual cost to the County's dere vessel program in t h e past year. Figure 2• Derelict Vessel in Boca Chica Harbor � ,. 'l / ta x b ie� ,. s W : yaks N �* 3 ! u4 %f ; ' t ' E n„�M n� �R � k s: e iaj !� � r Anchorage Characterization: Planning efforts for addressing the anchorage impacts begin with characterizing existing boating/anchoring patterns, the physical environment in which the vessels are anchored, adjacent facilities, as well as recognizing the concerns of state and federal government agencies. Options and alternatives can then be developed and evaluated based on those characteristics. The harbor is situated between Boca Chica Key and Stock Island, is approximately .5 nm in area, and includes two marked (and an additional soon to be marked) navigational channels (Fig. 3). Historically, vessels have anchored in the western two thirds of the harbor, west of the federal channel leading into the Boca Chica Naval Base marina facility. There is a public boat ramp on USI, adjacent to the northwest part of the harbor. Several private campgrounds and trailer parks line the western shoreline. The Navy AICUZ crash zone runs through the center of the harbor area. Figure 3. Facilities, Navigational Channels, and the Navy AICUZ ,{ A y, p5w ; a b 46k i 91 The greater anchorage area is actually two distinct anchorage areas, differing and separated by topography. The northern anchorage area is a large open expanse of generally shallow water over seagrass. The southern anchorage area, isolated from the northern half by flats and several mangrove islets, consists of shallow seagrass flats with two deep natural navigable channels running in between (Fig. 3). The northern anchorage area, which can be seen from US 1, is home to the majority (-60%) of the anchored vessels (Fig. 4). Vessels include recreational power and sailboats (many of which are not operational) as well as numerous small commercial fishing boats. Few true cruising boats are anchored in this area. This anchorage area is not considered by staff to be appropriate for long -term anchoring as it embodies a complex system of shoals with water depths averaging less than four feet. Many of the vessels in this area are aground at low tide. The shallow nature of this section of the harbor also restricts navigation, as can be evidenced by numerous prop scars in the area. Vessels in the area rarely hoist anchor to navigate, and would likely have trouble doing so if attempted. In addition, ground tackle that has been down for years (in most cases) continues to denude the benthos beneath anchored vessels. A `halo' surrounding anchors and chain in this area is a common effect of inappropriately shallow anchoring practices. This anchorage area also generates the majority of derelict and abandoned vessels in the Boca Chica harbor area. Many vessels here are not occupied and are either stored or used for storage. Those vessels that are occupied tend to breed other derelict vessels, and four or five vessels rafted to the main vessel is a common occurrence (Fig. 5). The rafted vessels are often sold or traded, with documentation (i.e. title and registration) rarely transferred from one owner to the next. Figure 4. Northern Anchorage Area r n. . S. Boaters in the northern anchorage area utilize either the state boat ramp on US 1 or a facility along the shore of Stock Island for access to land. This practice has resulted in numerous dinghies tied off at the DOT owned launching facility and to the adjacent mangroves. Dinghies have also been observed tied off at many private properties along the Stock Island shoreline. Numerous bicycles can also be found in these locations, presumably belonging to the occupants of anchored vessels. There are no vessel sewage facilities in this area, thus it is assumed that most if not all of the vessel occupants pump their sewage directly into the water. In addition, the FWC reports a significant amount of crime associated with liveaboards in this area of Boca Chica harbor. Figure 5. Rafted Vessels in Northern Anchorage Area In the southern anchorage area can be found approximately 30-40 vessels, primarily anchored in the confines of the two well defined channels (Fig. 6). This is the area where most of the true cruising boats can be found, as the channels provide direct unimpeded access to the Atlantic Ocean. Controlling depths here are approximately seven feet, which allow for safe piloting in and out of the anchorage area. A greater percentage of functional, well maintained vessels are located in this area as compared to the northern anchorage. However, in the past year several large steel vessels have been anchored and abandoned in this area, as the deep draft of the vessels would not allow them to be piloted into the shallower northern anchorage area. Properties adjacent to this area include several fish houses and a large marina complex. Occupants of vessels likely dinghy into one or more of those facilities to access land. It is quite difficult to navigate between the southern and northern anchorage areas without using one of the marked channels to the east due to the extreme shoals. While pumpout facilities are provided at the marina complex, the facility is open to members only. It is assumed that vessel occupants in this area pump their sewage directly into the water body. Since many of the vessels in this area are operational and maintained, it may be presumed that vessel occupants would utilize pumpout facilities if they were made available. With most of the vessels in this area anchoring in sufficient water depths, fewer vessels have been observed listing or aground. In addition, less seagrass damage would be expected in this area, as ground tackle is able to function as designed with less chain dragging on the bottom. And since the shoals are too shallow to anchor in, little propeller damage is observed in this area. Figure 6. Southern Anchorage Area 4 e is Svnonsis of the Two Anchorage Areas: As indicated in the above characterization of the northern and southern anchorages, the two anchorage areas differ greatly. The majority of anchoring related problems have been observed in the northern anchorage where long -te anchoring has been determined to be unsuitable, seagrass scarring is prominent, crime is gre more derelict vessels are generated, and navigation is impeded by the shallow nature of the area. The southern anchorage tends to be less problematic. Vessels in the southern anchorage area tend to be in better condition, fewer vessels are rafted together, boats do not remain in the anchorage as long, and little benthic damage is observed. And staff recognizes that suitable anchoring habitat is available in the two deep natural channels Issues that the two anchorages share are the lack of pumpout facilities and any appropriate shoreside facility for access to land. Also, Navy representatives have come before the County indicating that it is not appropriate to have liveaboards in the AICUZ (either the crash or noise zones). The wide swath of the crash zone overlaps both anchorage areas, and the entire harbor is within the noise zone. The Navy has further stated that liveaboard vessels in the Boca Chica harbor area encroach on the security of the naval base. Options and Solutions: Based on the information provided above, it is staff's recommendation that long -term anchoring in the northern anchorage area is not appropriate, and steps should be taken to either prohibit or limit anchoring activity in that area. The County currently does not have the authority to regulate anchoring of non- liveaboard vessels. Therefore, the County at this time can only address the anchoring of liveaboard vessels in the northern anchorage. However, the FFWCC and DEP are addressing the limitations of local governments to regulate anchoring activity, and the agencies are working together on rule making to provide additional authority to local governments. It is anticipated that such authority will at least allow the County to limit anchoring of all vessels to 30 days. The rule could potentially provide additional authority, allowing the County to prohibit anchoring all together. The rule is expected to be finalized by the legislature in 2009. Any plans by the County to regulate anchoring should consider the anticipated state rule, and staff recommends waiting until early 2009 before finalizing any boating management plan that involves anchoring regulations. In regard to the potential to develop a mooring field anywhere in the Boca Chica harbor area, the County will have to address the multiple issues brought forward by staff of the Boca Chica Naval Station relating to liveaboards, encroachment, and military security issues. In addition to Navy policies and concerns, staff has learned that a significant amount of baybottom in the harbor is owned by the Navy. This could be an additional impediment to the potential development of a mooring field in the southern anchorage area where the Navy baybottom overlaps (Fig. 7). The eastern channel, which would potentially be appropriate for moorings, is almost entirely over Navy baybottom. The Navy also owns the mangrove islands in that area. Figure 7. Parcel Ownership in Southern Anchorage Area .4 4 _ - ,� - (-,>.,,,' . ,- j ; � j } .1 P Staff is providing the following options for addressing anchoring impacts in the Boca Chica harbor area. The various options are developed in response to the variety of anchoring impacts, permitting criteria for moorings, Navy issues, adjacent shoreside facilities, and other elements that must be considered to provide an effective solution. Any anchoring regulations will require a County ordinance which must be approved by the FFWCC to be enforceable. Option 1: Limit anchoring throughout the entire Boca Chica harbor area to 30 days. This option would reduce anchoring impacts throughout the greater anchorage area. Providing a time limit on anchoring would change the types of vessels and users in the harbor. Most of the anchoring would likely occur in the southern anchorage area. Anchored vessels would predominately be cruisers navigating through the Keys and beyond. Storage vessels and long -term liveaboards would be reduced. However, this option would create enforcement issues. It would be the responsibility of the County to manage and enforce the anchoring time limits. It will be difficult to document and prove the time periods that different boats have been anchored. Provisions: Signage would be erected informing boaters of the regulations and boundaries of the limited anchoring zone. Pumpout facilities could be made available, either via a pumpout boat or an established shoreside facility. Long -term liveaboards wishing to be relocated could potentially be provided for at the City of Key West mooring field. Staff at the City has indicated that there are ample moorings available. Option 2: Prohibit anchoring throughout the entire Boca Chica harbor area. This option would eliminate anchoring impacts throughout the greater anchorage area. The seagrass habitat would recover and the area would become suitable for flats fishing, etc. Provisions would need to be made for vessels displaced. Storage vessels and long -term liveaboards would be eliminated. Enforcement would be required, but would be straight forward and effective. Provisions: Signage would be erected informing boaters of the regulations and boundaries of the anchoring prohibited zone. Vessels displaced from the entire harbor area would need to be provided for. Many of the vessels would simply leave or be removed as derelict vessels. Long -term liveaboards wishing to be relocated could potentially be provided for at the City of Key West mooring field. Pumpout facilities would not be necessary. Option 3: This option is a hybrid of options 1 and 2, in which the northern anchorage area would be an anchoring prohibited zone and the southern section would be a limited anchoring (30 day) zone. Results would be a combination of those described above. This would keep all anchoring within an appropriate area Enforcement would be required and (as described above) would be difficult in the limited anchoring zone. Provisions: Signage would be erected accordingly in each zone. Pumpout facilities could be provided via a puanpout boat or shoreside facility. Any vessels displaced could be provided for at the Key West mooring field. Option 4: This option would create a mooring field in the southern anchorage area and prohibit anchoring in the northern anchoring area where it has been determined to be inappropriate. No free anchoring would occur. his would be a managed area with County oversight of the entire Boca Chica harbor area. All impacts would be eliminated by ensuring that the only vessels ovemighting are provided with sewage pumpout facilities, shoreside access facilities, and moorings designed for the environment. Provisions: Signage would be erected informing boaters of the anchoring prohibited zone to the north, and the requirement to use a mooring to stay in the zone to the south. Enforcement would be required over the entire harbor area. A shoreside facility must be identified and provided. Staff would be required to manage and operate the mooring field, shoreside facility, and pumpout facilities. Discussion: The management options described above provide an array of mechanisms for addressing the existing anchoring impacts in the greater Boca Chica Harbor anchorage area. All the options include mechanisms for reducing, if not eliminating, the number of vessels in the northern (primarily) and southern anchorage areas. Some of these mechanisms rely on new anchoring regulations and associated local authority that may be provided by the state legislature in 2009. Eliminating anchoring in the northern anchorage area, and limiting anchoring (either via anchoring time limits or via moorings) in the southern anchorage area would address the majority of boating impacts and still allow for vessels to anchor or moor in that area which staff has determined to be appropriate for anchoring. If moorings are the choice by which boats will be moored, then the County will have to work with DEP and ACOE to pursue permits for installations. Staff believes that about fifty moorings could potentially be installed if both of the deep channels adjacent to Stock Island are utilized. However, it would be necessary to get approval from the Navy to install moorings in the Navy owned baybottom in the easternmost of those two channels. If the Navy does not allow use of their baybottom then the area remaining for mooring installations will be reduced to the point where it may no longer be feasible to have moorings. This is in addition to the fact that the Navy has already indicated issues with installing moorings anywhere in the Boca Chica harbor area. Utilization of anchoring regulations, pending state authorization, may only require an ordinance on the part of the County to become official. Any plan that includes moorings will require permitting and most likely authorization by the Navy. In addition, permitting criteria would include addressing the presence of seagrass. However, new mooring system technology using embedment anchors and sub- surface buoys has proven that moorings prevent rather than create benthic damage (Fig. 8). The DEP and FWC are currently addressing the issue of moorings and their benefits, and the DEP is likely to modify their regulations to allow moorings over seagrass in the near future. If moorings are pursued the County will also have to provide pumpout and shoreside access facilities. A pumpout vessel can be acquired utilizing the DEP Clean Vessel Act grant program. The creation of a shoreside facility is a larger matter and necessitates the County identifying a parcel or existing facility which would be suitable for such purposes. The facility needs to accommodate dinghies from the mooring field, provide waste facilities and some parking, and house a small office from which to manage the mooring field. Staffing of a pumpout boat and an office is an additional consideration. Figure S. Mooring System Illustration • Storm Soft Mooring Systems Down Island System bosh Buoy Chaffing Hose e2/ both / (storm Sid POI1211102 with aback abaerber aria nad ) top and bottom of Buoy through-line. VOW 18" eye splice k not to scale) (�j 100% Polyester ..r. SWIVel sr taetldtkteu>�elt IUD Gale. (:) 31 sham&. Dees At 'Thimble �— shuck abwrb wwtrsadretaias •�, 1003/4 Obi sKgKa t. WD G alv. As iwits Acreages, the Thimble spliced into rubber aback 4000002 both ends of 1 U4.. is both compassed and $ttlrlxt ofl D ownllne stroubsd is that teraaeet onset b SradeaUT arresad Shock Absorber �^ ' without the Mess to cleats. Controlled Stretch lalustrial rubberascob . as much as 5' strand cards alasarMadam% s ndeh ts absaxb aback teals Under Water Float -r' eressodaystormserge sad keeps Down -line ofbotton beat es. a liliJ Gale_� Thimble Helntken Rock Catalog Anchor (Solid 1.3/4" Square Shaft) t ,1,? All Components will (treed A i , 18,000 lbs braking strength. All hardwware will be Hit) Galy. ', 11"(1. 1 ,E is '_. ; OH intik The County is currently pursuing the acquisition of the WSG property (formerly Gulf Seafood) located on the east side of Stock Island. This property is adjacent to the southern anchorage area and would be quite suitable for providing a shoreside facility and sewage pumpout capabilities (Fig. 9) to support a mooring field. Another shoreside facility possibility is an end -of -road property the County owns south of, and adjacent to the WSG property (Fig. 10). This property is quite small and would require the removal of mangroves and some maintenance dredging. Additionally, there is the potential to tie into the Key West Yacht Clubs of America vessel sewage system to serve a pumpout boat. Figure 9. The WSG Property On Stock Island ^mo ��` �� � � , �� �' 1 � a � � 115 r I • , ; 1 U: St :$216169A ., F Figure 10. County Owned End -Of -Road Adjacent to the WSG Property 4 7'7,:77'4%;',.717 ' y 'a i r s+ sxn � ;,r= � u�