Item J5
Charmaine Smith Ladd, representing boating organizations B.A.R.R. (Boaters' Anchoring Rights &
Responsibilities) [marinersbarr.org] and the SSECN (Claiborne Young's Salty Southeast Cruisers Net)
[cruisemet.net].
I have worked closely with many of the people in this room to help keep the
objectives of the Pilot Program from going astray. It is easy to go astray, as The
Pilot Program is written in such vague, ambiguous "fill-in- the - blanks- with -what-
you- think" terms. There are objectives but no directives, and there is no funding
associated with it. Florida is a State known for being boater and cruiser
unfriendly. It is a fair assessment, given its history of many cities enacting illegal
anchoring ordinances and losing those battles in court. So we Floridians have an
image to repair, and the members I represent are very nervous that the Keys
(and other Pilot Program sites) will overreach with unnecessary ordinances.
Yesterday's article in the Key West Citizen brought those concerns to a boil.
Prior to the Pilot Program, boats that navigate Florida waters could not be
regulated outside of mooring fields. Though the public demanded the FL Statute
that protects that right (Statute 327.60(2)) remain intact, and it did, the Pilot
Program overrode that with a "test" for five participating sites. One site was to
be in the Keys. That site has now become "All of Monroe County ". The language
of the Pilot Program states that sites must be associated with a mooring field. It
reads "The Pilot Program is intended to explore potential options for regulating
the anchoring or mooring of non - liveaboard vessels outside the marked
boundaries of public mooring fields." This means "all" boats and the majority of
the Public does not understand that. There is no specification stating how far
outside the marked boundaries of a mooring field this encompasses. Some Pilot
Program areas are proposing 2 to 5 -mile buffer zones outside of their mooring
fields.
FWC has since instructed Monroe County that they can target any area in The
Keys. This clearly exceeds even the vaguest language of the Pilot Program. Is
the FWC making this up as they go? Surely you understand how this looks to
our members, it looks like the first step of a setup to ultimately remove their
right to anchor throughout Florida. Trying to restore the confidence in cruisers to
come to Florida is not easy. This is why my organizations are working so hard to
assist Monroe County and the other Pilot Program sites to do the right thing.
Monroe County can be the model for how the Pilot Program can work, but the
truth of the matter is that we do not need the Pilot Program at all to address and
resolve our problem issues.
On FWC's website, after submission of HB1423, it read that FWC added the Pilot
Program "Due to pressures from homeowners and some others." The Pilot
Program was added at the last minute and used as a tool to override the
demands of the public.
There is no doubt there are political agendas and pressures being applied upon
others. One recent observation at the FWC website, is the change in terminology
from simply being the "Pilot Program" to what now is captioned as "Anchoring
Ordinance Pilot Program ". This is disturbing. B.A.R.R is a National organization
dedicated to the preservation of boater's anchoring rights. In Florida, while
B.A.R.R. works at the Legislative level to try to expose the Pilot Program as being
unnecessary, we also recognize the need and responsibility to work at the local
level to try to make some sense out of the nonsense that is the Pilot Program. I
know everyone here wants to do the right thing, but the bottom line is that some
sites are not doing the right thing. But Monroe County can.
That brings us to the issues of today's meeting. Areas such as Boca Chica and
Sunset Cove can be cleaned up by utilizing resources such as the voluntary USCG
Auxiliary Vessel inspection Program and the FWC's "At- Risk" Program. There is
no need to enact ordinances to declare these areas as "managed anchorages."
But you most certainly can draw up a " Plan of Action" to rid the areas of derelict
vessels using existing programs. This is management without ordinance. Because
any ordinance affecting boats, even those that can be regulated as per FL
Statute, will invariably, albeit unintentionally, alienate cruisers.
Rules or ordinances requiring such things as a pump -out log will be perceived by
cruisers as yet another tool for law enforcement to harass them. Boats travel in
and out of areas, not every place is a marine sanctuary and has the strict laws
prohibiting discharge as we do here in the Keys. The DEP has proven that
sewage from boaters is the not the problem in our waters. Septic discharge from
land and fertilizers used to keep homeowners' lawns green are the overwhelming
sources of water pollution. The pump out boat operators maintain a log.
The "less is more" approach is the way to go. Monroe County has consistently
throughout this process, been trying to do just that. With that said, I want to be
clear: Any ordinances of any kind that affect cruisers and their right to navigate,
whether intentional or not, will be deemed totally unacceptable to the
organizations and the members I represent.
The Keys are America's Mainland Caribbean and these waters are held in our
trust. Please help show the rest of the State that Monroe County can indeed
meet the objectives of the Pilot Program without implementing unnecessary
ordinances. This will go a long way in repairing Florida's image as being boater
and cruiser unfriendly. The adage `Less is more" has never meant so much.
Many thanks to Richard Jones and the Monroe County Commissioners for
accommodating public input today. Thank you for your time and consideration.