Item J2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januga 19 2011
Bulk Item: Yes No X
Division: Growth Management
Department:_ Plannigg & Env. Resources
Staff Contact Person: Richard Jones1289-2805
AGENDA ITEM WORDING: Discussion and further direction to staff regarding drafting an
ordinance addressing anchoring impacts, in association with the Florida Fish and Wildlife
Conservation Commission (FWC) Pilot Program on anchoring and mooring, 1) designating managed
anchoring zones in specific geographic locations in Keys' waters (Sunset Cove, Boca Chica basin, and
Key West harbor) within which regulations would be implemented, including: 2) eight regulatory
elements recommended by staff.
ITEM BACKGROUND: At the September 21, 2011 BOCC meeting the Board gave direction to staff to
begin drafting an anchoring ordinance to 1) designate Sunset Cove, Boca Chica basin, and Key West Harbor as
managed anchoring areas, including 2) requiring an annual USCG Auxiliary V SC, 3) prohibiting At Risk
vessels as tagged by FWC, 4) prohibiting floating structures, and 5) requiring proof of pumpout; and 6)
developing additional anchoring regulations for the partnering cities of Key West and Marathon. Subsequent to
the September BOCC meeting, the Marine and Port Advisory Committee met on October 5, 2011 to discuss the
Pilot Program regulatory elements approved by the BOCC and recommended holding the prohibition of At Risk
tagged vessels in abeyance until the results of the pumpout and V SC elements are evaluated, and reconsidered
whether or not the prohibition of floating structures should be included in the draft ordinance. Staff went back
to the MPAC at its November 30, 2011 meeting to get clarity on the specific regulatory elements previously
approved by the BOCC. At that meeting the MPAC recommended not to include Key West Harbor as a
managed anchoring area, not to include the prohibition of At Risk tagged vessels, but did approve the remaining
regulatory elements. Staff anticipates discussing the above items with the Board at the January 19, 2011 BOCC
meeting and asking for additional direction for a draft anchoring ordinance.
PREVIOUS RELEVANT BOCC ACTION:
October 2009- direction to submit a Letter of Interest to FWC indicating Monroe County's intention to
participate in the Pilot Program.
February 2010- approval of ILA's with Key West and Marathon to partner in 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
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval of direction to staff for elements to be included in ordinance
TOTAL COST: nla
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 OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Richard Jones, Marine Resources Senior Administrator
Date: December 29, 2011
RE: Anchoring ordinance for FWC Pilot Program
The purpose of this memo is to provide information regarding the development of a
County anchoring ordinance in association with the Florida Fish &Wildlife Conservation
Commission (FWC) Pilot Program for anchoring and mooring.
Background:
At the September 21, 2011 BOCC meeting the Board considered the staff
recommendation for a draft anchoring ordinance, including:
1- Designating `managed anchoring zones' at Sunset Cove and Boca Chica Basin
2- Requiring an annual USCG Auxiliary Vessel Safety Check (VSC)
3- Prohibiting At Risk vessels as tagged by FWC
4- Prohibiting floating structures
5 - Requiring proof of pumping out
The Board heard input from staff and the public then approved the above regulations,
including Key West Harbor as a third managed anchoring area. Staff indicated that it
would start drafting an anchoring ordinance, and mentioned that the Marine and Port
Advisory Committee (MPAC) has a meeting scheduled for October 5th, and that the
MPAC would continue to evaluate and comment to the draft regulatory elements to be
included in an ordinance.
At the October 5, 2011 MPAC meeting the committee and the public provided comment
to the various regulatory elements approved by the BOCC. Several MPAC members
voiced their concern for including a prohibition on At Risk vessels (as tagged by FWC)
in an ordinance, pointing out that the program is non -regulatory and allows for subjective
determinations by FWC officers. The MPAC also discussed the floating structure issue
and indicated concern for prohibiting floating structures until additional information
could be provided by staff.
Input from FWC:
Over the last several months staff has communicated with FWC Pilot Program staff
regarding the feasibility of various regulatory elements and has been advised that FWC
does not support the At Risk Program itself being included in a draft ordinance because
of the non -regulatory nature of the program. As an alternative, FWC suggests that the
County review the various conditions that may trigger a vessel being tagged as At Risk,
and consider including in a draft ordinance any of those conditions. Conditions that
trigger an At Risk notice, and are known to precede a derelict vessel condition, include:
1- Improper anchor light (citable)
2- Vessel is being neglected, not maintained, or is not able to be used for navigation
as intended.
3- Vessel does not meet registration requirements (citable)
4- Vessel is barnacle laden.
5- Vessel interior is exposed to the weather.
6- Vessel is listing.
7- Vessel is aground.
8- Vessel is in danger of breaking its mooring
9- Vessel is sinking
10-Other (whatever the officer thinks attention is necessary for)
FWC staff has also communicated with County staff regarding regulating anchoring over
privately owned submerged lands. This is an issue that will need to be addressed if
managed anchoring zones are established in areas which include private bay bottom.
Additional Input on Anchoring ordinance Development:
Due to the conflict between the BDCC direction and the subsequent MPAC direction on
the regulatory elements to be included in a draft ordinance (and recent advice from FWC
regarding the At Risk vessel program), staff went back to the MPAC at its November 30,
2011 meeting to further discuss the issues and have the MPAC provide clear
recommendations to the BDCC on the items previously approved by the BDCC. Staff
provided additional information to the MPAC regarding floating structures in the Keys.
Also, the MPAC heard a request (initially sent to Mayor Rice) from Edwin Scales,
representing the Fury Management, Inc., to exclude (from any anchoring ordinance rules)
operations, vessels and structures which are licensed or permitted by the State of Florida.
The MPAC made the following recommendations to the BDCC:
1- Denied a motion to have managed anchoring zones at Sunset Cove, Boca Chica Basin,
and Key West Harbor.
2- Approved a motion to have managed anchoring zones at Sunset Cove and Boca Chica
basin.
3- Approved a motion to prohibit floating structures with an exception for legally
established commercial enterprises with necessary state approvals (or pending approvals).
4- Approved a motion requiring vessels to display a current USCG Auxiliary VSC decal.
5- Approved a motion to deny the inclusion of the prohibition of At Risk tagged vessels.
6- Approved a motion to have staff review the At Risk vessel program criteria (conditions),
and consider what criteria may be appropriate for inclusion in the ordinance
7- Approved a motion to require vessels to show proof of pumping out.
Synopsis:
w
Various recommendations have previously been provided by staff, the MPAC and the
BOCC for managed anchoring zones, and the regulations to be implemented within those
zones. A compilation of those recommendations has been provided in the attached
matrix (titled Recommendations for Anchoring Ordinance), with the last column
providing for the recommendations of the BOCC on January 19, 2012.
Each of the three areas (Sunset Cove, Boca Chica basin, and Key West harbor),
recommended by the Board at the September 21, 2011 BOCC meeting as managed
anchoring zones, are anchorages with documented impacts. The greatest numbers of
boats and associated impacts occur in Boca Chica basin and Key West harbor. And
recent communications with FWC have indicated some reluctance to including Sunset
Cove in a draft ordinance due to the sheer distance to the closest mooring field. Of the
three anchorages Boca Chica basin has the longest history of discussion with the Board,
including the approval Resolution 078-2008 directing staff to address issues of derelict
and abandoned vessels.
The inclusion of a prohibition on At Risk tagged vessels has received much comment and
concern. FWC has considered the inclusion of that regulation, and has recently advised
against such inclusion. As an alternative, FWC suggests considering the actual vessel
`conditions' rather than the At Risk program itself for inclusion in the anchoring
ordinance. These conditions (i.e. criteria) are included in the attached matrix for BOCC
consideration.
A prohibition on floating structures has also received much comment, both from the
public and the MPAC. The MPAC at its November 30, 2011 received detailed
information from staff (see attached Information Regarding Floating structures)
regarding the specific floating structures documented in the various anchorages. At that
meeting the MPAC also heard a request regarding the Fury operations (which recently
operated over sovereign submerged lands in the Key West harbor area) and a request to
exempt that operation, or other operations which may be permitted by the state. The
Board may further consider the issues associated with floating structures, and whether or
not It wants to continue In the direction of prohibiting floating structures. Also, because
floating structures are not considered vessels by the State, the County does currently have
the authority to regulate floating structures, and can consider such regulations outside of
the Pilot Program at any time in the future.
The remaining two regulatory items being considered, requiring pumpouts and USCG
Auxiliary VSC decals, have received very positive feedback from the public and the
MPAC. Staff has received little opposition to either of those potential regulatory
elements. The USCG Auxiliary has indicated that they are capable of providing the
necessary safety checks. In regard to requiring proof of pumpout, staff anticipates having
suitable vessel pumpout services available to a managed anchoring zone prior to
implementation of any proof of pumpout requirement.
County of Monroe
Growth Management Division
Suite #420
2798 overseas Highway
Marathon FL 33050
Voice: (305) 289-2805
FAX: (305) 289-2536
We strive to he caring, professional and fair
November 14, 2011
Major Jack Daugherty
FWC Boating &Waterways Section
620 South Meridian Street
Tallahassee, Florida 32399
Chief Lou Caputo
Monroe County Sheriff Office
5525 College Rd. KW 33 040
Major Daugherty and Chief Caputo:
Board g f Co u riL2tnm aslon ers
Mayor Heather Carruthers, Dist. 3
Mayor Pro Teat David Rice, Dist. 4
Kim W igi ngton, Dist. i
George hieugent, Dist. 2
Sylvia J. Murphy, Dist. 5
As you are aware, Monroe County is developing drag anchoring regulations in association with the FwC
Pilot Program on Anchoring and Mooring. Anchoring regulations being considered are consistent with
the objectives of the Pilot Program and are intended to address documented anchoring impacts in various
areas of the Florida Keys.
At the September 21, 2011 BCCC meeting, the BOCC provided direction for staff to draft an anchoring
ordinance which would provide for `managed anchoring zones' to occur in the three locations indicated
below. Managed anchoring zones would be established for the purpose of protecting the marine
environment, enhancing navigational safety, and deterring improperly stored, abandoned, or derelict
vessels,
• Sunset Cove on the bayside of Ivey Largo
Boca Chica basin on the oceanside between Stock Island and Boca Chica Ivey
• Key Vest Harbor (general area around Wisteria Island and Fleming Key)
Regulations which would be applied within the three managed anchoring zones may include:
1) Require vessels to display a USCG Auxiliary Vessel Safety Check (VSC) decal. This
voluntary inspection program is designed primarily to ensure compliance with existing USCG
requirements for safety equipment and MSD. By displaying a current VSC decal there is a
level of assurance that the vessel meets existing federal regulations.
2) Either one of the following options to address vessels at risk of becoming derelict.-
a- Prohibit `At Risk' vessels as tagged by FWC. This is an FWC inspection program that
informs owners (via tagging) if there are vessel condition issues that need to be addressed
to avoid the potential of the vessel becoming derelict. The program encourages
coordination between the vessel owner and FWC with the goal of bringing the vessel into
compliance, and avoiding having the situation escalate into a derelict vessel investigation.
This inspection program looks at different criteria than the USCG VSC program and
complements that program by collectively providing a comprehensive inspection of the
vessel from, both the condition and safety regulations standpoints.
b- Prohibit vessels exhibiting conditions known to precede derelict vessel condition,
including:
1- Vessel is being neglected, not maintained or is not able to be used for navigation as
intended.
2- Vessel is barnacle laden
3 - Vessel interior is exposed to the weather
4- Vessel is listing
5- Vessel is aground
6- Vessel is in danger of breaking its mooring
7- Vessel is sinking
3) Prohibit floating structures. Floating structures are not vessels and are not registered.
Floating structures are often used as storage platforms, are not typically in the act of
navigation, and are often used to store fuel and other hazardous materials. Local governments
currently have the authority to regulate floating structures
4) Provide proof of pumpout. Monroe County anticipates providing vessel pumpout service to
all three managed anchoring nines. Optimally, the service would provide stickers for vessels
to display indicating compliance with NDZ regulations and routine pumpout. This regulatory
element may alleviate the need for enforcement officers to board the vessel to check for MSD
compliance.
The County understands that the FWC At Risk Vessel Program and the USCG Vessel Safety Check
program are not associated with enforcement, within the programs themselves. County staff has
recommended to the BOCC, based on public input in the upper keys, that the County utilize these
existing inspection programs towards the goal of reducing or eliminating derelict vessels by
incorporating the programs into the Pilot Program ordinance for Monroe County.
Penalties for violation of the above described regulations may include (note.- the draft ordinance will
stipulate that the violator should first receive a warning, with a time period for compliance prior to
issuance of a citation or eviction):
1) Citations may be issued pursuant to F.S.327.74 (uniform boating citations) by any law
enforcement agency authorized to issue such citations. The civil penalty for any such infraction is
$50.00, except as otherwise provided in this section.
2) The County has the authority to have vessels or floating structures, which are determined to be in
violation, removed from the anchorage. The County shall attempt to provide reasonable notice to
those vessel or floating structure owners. If the County is unable to contact or identify the owner
of those vessels or floating structure, due to the lack of identifying marks on the vessel or floating
structure, the County may remove and impound those ,vessels or floating structures and/or dispose
of there as provided in F.S. 705.103
I am aware that the Monroe County Sheriffs Office has been in communication with FWC Boating &
Waterways Section regarding joint enforcement of an anchoring ordinance for Monroe County. Will
your respective offices provide enforcement (in coordination with other municipal law enforcement
officers) of the County's anchoring ordinance (pending evaluation and approval by FWC and adoption by
the BOCC)? Please comment specifically to enforcement of the four regulatory elements:
1) Require vessels to display a USCG Auxiliary Vessel Safety Check (VSC) decal?
2) Prohibit `At Risk' vessels as tagged by FWC, or vessels exhibiting specific at risk conditions?
3) Prohibit floating structures?
4) Provide proof of pumpout?
Also, I would suggest that as we continue to proceed with the Pilot Program over the next several months
that we have a workshop with both of your offices and staff` of Monroe County, as well as Keywest and
Marathon,
on, to further discuss proposed regulatory regimes, enforcement capabilities and the plan for joint
enforcement.
The Marine Resources Office will be crafting a draft anchoring ordinance. Regulatory elements as
described above), proposed for inclusion in the draft ordinance, will go before the Marine & Port
Advisory Committee on November 3& for the Cornmittee's final recommendations. It is anticipated
that those recommendations will then go before the Board of County Commissioners in January 2012 in
consideration of additional direction for a draft anchoring ordinance. Upon approval by the BOCC, an
ordinance will be transmitted to FWC for evaluation. Upon evaluation and approval of the FWC, the
BOCC will hold a public hearing for adoption of the final ordinance.
Sincerely,
Richard Jones
Senior Adrnird strator
Cc: Capt. Tom Shipp, FWC
Capt. Pat Langley, FWC
Major Alfredo Escanio, FWC
Monroe County Board of County Commissioners
Roman G astesi, Monroe County Administrator
Debbie Frederick, Monroe County Deputy Administrator
Christine Hurley, Monroe County Growth Management Division Director
Monroe County Marine & Port Advisory Committee
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2ol
CAttn: R Jones
Marine Resources Offleae;
Florida Fish 2798 Overseas Highway
and Wildlife Marathon, FL 33050
Conservation
Commission Dear Mr. Jones:
Commissioners I am writing in response to your letter dated November 14, 2011. The letter was
Kathy Barco
requesting confirmation that Florida Fish and Wildlife Conservation
Chairman
Jacksonville
Commission(FWC) Division of Law Enforcement(DLE) Officers would be
Kenneth W. Wright
providing enforcement of anchoring ordinances that are being drafted as part of
Vice Chairman
the Anchoring and Mooring Pilot Program. You asked for enforcement
Winter Park
a
confirmation specifically addressing the four regulatory elements of your
Ronald Bergeron
Fort Lauderdale
ordinance. I understand those elements are still being developed ed and have
Richard A. Corbett
changed, as have the areas which will be designated "managed anchoring
Tampa
zones", since your letter requesting confirmation was sent.
Charles W. Roberts ill
Tallahassee
FWC DLE is committed to assistingin the ordinance that is
e enany
Dwight Stephenson
Delray Beach
approved by the FWC Commission as part of the Anchoring and Mooring Pilot
Brian S. Yabionski
Program. It is difficult to specifically address enforcement of individual
Tallahassee
parts/areas of ordinance language that is still in development. This enforcement
will include coordination with any law enforcement entity that has enforcement
Executive Staff
authority.
Nick Wiley
Executive Director
Greg Holder
The Division's enforcement philosophy is to initially focus heavily on education.
Assistant Executive Director
As with any new law or regulation it is imperative that our officers make every
Karen Ventimiglia
effort to educate the public and consider all of the circumstances prior to making
Chief of Staff
the decision to document a violation. our coordination with other law
enforcement agencies would include covering this topic. We have planned on
Division of Law
having meetings with local law enforcement in each participant area as their
Enforcement
ordinances are approved.
Colonel Jim Brown
Director
Thank you for your continued efforts in making the Anchoring and Mooring Pilot
{850) 488-6251
(850) 921-5786 FAX
ram a success.
Program
Wildlife Alert Sincerely,
88& 404-3922
Managing fish and wildlife }
resources for their longterm
well-being and the benefit of people. Major Jack Daugherty
620 South Meridian Street
Tallahassee, Florida
32399-1600
Voice: (850) 488-4676
H ea ring/speech-i m paired:
(800) 955-8771 (T)
(800) 955-8770 (V)
MyFWC.com
Boating and Waterways Section Leader
cc: LTC Wiwi
LTC Adams
Major Escanio
Captain Shipp
EmilyNorton
Information Regarding Floating Structures
10/7/2011
Backiaound
Floating structures are a concern that has been discussed by County staff and the Marine &Port
Advisory Committee (MPAC) over the last year in regard to anchoring issues and the FWC Pilot
Program for anchoring and mooring.
The State definition of `floating structure' (F.S. 327.02) is:
(10) "Floating structure" means a floating entity, with or without accommodations built
thereon, which is not primarily used as a means of transportation on water but which serves
purposes or provides services typically associated with a structure or other improvement to real
property. The term "floating structure" includes, but is not limited to, each entity used as a
residence, place of business or office with public access, hotel or motel, restaurant or lounge,
clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or
similar facility or entity represented as such. Floating structures are expressly excluded from the
definition of the term "vessel" provided in this section. Incidental movement upon water or
resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from
classification as a floating structure
Monroe County is presently drafting regulatory language addressing floating structures located
in the three `managed anchoring zones' agreed upon by the BOCC for inclusion in a draft
anchoring ordinance in association with the FWC Pilot Program.
Characteristics of Floating Structures
Most floating structures in Keys waters do not appear to be occupied, but rather are stored upon
the public waters and typically used for storing items (including fuel and other hazardous
materials) that may not be properly secured or contained. often floating structures are rafted up
to a larger, primary boat that is used as a liveaboard. Those floating structures often provide
additional storage space for the primary vessel, are in disrepair, and are not seaworthy or capable
of navigation. Because floating structures are not registered, there are typically no identifiers on
the structure that could be used to contact the owner or account for the structure.
Recent Anchorin ooring Studies:
The Vessel Mooring Study -Final Project Report prepared by Terramar Environmental Services
(May 17, 2011) indicates that of the 78 boats (avg. over 12 months) anchored in Boca Chica
basin approximately six (7%) were floating platforms (i.e. floating structures). The photos below
are of five floating structures anchored in that area during the March 2010 survey (in photos 3
and 4 the floating structure is seen raged to the left of the primary vessel).
3
5
- = _
2
In,
The Key West Mooring Field Study/Final Report prepared by Sandra Walters Consulting (April
8, 2011) indicates that of the 113 boats (avg. over 12 months) anchored within a mile of the Key
West mooring field, approximately four (3.5%) were floating structures. All of those were
located east of the mooring field (not being considered fora `managed anchoring area'). No
floating structures were identified on the west side of Fleming Key.
A recent survey of boats in Sunset Cove (bayside of Key Largo) by FWC enforcement staff
indicated no floating structures in that area.
A privately conducted survey (provided to Monroe County) in the vicinity of Wisteria Island in
March, 2010 indicated 106 boats, of which 4 were determined to be floating structures. The
photos below indicate the floating structures are commercial uses.
Monroe County staff is coordinating with the Florida DEP in regard to the issue of floating
structures and permanent moorings. Over the last year DEP has begun to address commercially
owned/operated floating structures in the Key West area which are moored on sovereign
submerged lands. County staff will continue to coordinate with DEP regarding the issue of
floating structures as the County develops and implements regulations in association with the
FWC Pilot Program.
'000 OFN
O� %
Ap
�O OATEs OF P
County Mayor Heather Carruthers
Monroe County Board of County Commissioners
530 Whitehead St.
Key West, FL 33040
Dear Mayor Carruthers:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL OCEAN SERVICE
Florida Keys National Marine Sanctuary
33 East Quay Road
Key West, FL 33040
January 19, 2011
At the October 25 meeting of the Sanctuary Advisory Council for Florida Keys National Marine
Sanctuary the advisory council passed a resolution (enclosed) requesting I write a letter of
support for Monroe County Resolutions of 2008 and 2009 and the FS 327.4105 Florida Fish and
Wildlife Conservation Commission (FWC) Pilot Program for regulation of mooring vessels
outside of public mooring fields. The referenced Florida Statutes give the County authority to
propose ordinances and enact those found to be consistent with the goals of program. Florida
Keys National Marine Sanctuary strongly supports Monroe County's efforts to implement this
pilot program.
Improper anchoring, the sinking of vessels and floating structures, illegal discharge or deposit of
sewage from vessels into sanctuary waters, and other associated activities take a far-reaching toll
on the coastal and marine resources of the Florida Keys, and require expenditure of funds that
might otherwise be allocated to other programs, including resource protection and restoration. As
you know, the advisory council was informed that the impact of derelict vessels cost in excess of
$273,000 of Monroe County Boater Improvement Funds alone in 2011, and there was some
discussion at the meeting about other direct and indirect costs within the sanctuary for addressing
those issues. Florida Keys National Marine Sanctuary also expends significant funds addressing
derelict vessel issues — almost $100,000 in 2011. In addition, there are time and funds expended
to -respond to and mitigate these problems involving personnel from FWC, other offices in the
National Oceanic and Atmospheric Administration, the Florida Department of Environmental
Protection, the U.S. Coast Guard, and the U.S. Coast Guard Auxiliary.
Again, I concur with the advisory council's advice. I hope that this information may be
considered as part of the Board of County Commissioners decision -making processes for
implementing the pilot program, and I am happy to address the Commissioners on the matter if
requested. If you have any questions, I may be reached at 305-809-4700.
t�'cN cp4 �„+o °xyac
n � 3
SNra5 of P SEAN A. MORTON
Superintendent
Florida Keys National Marine Sanctuary
U.S. Department of Commerce Tel: (305) 809-4700 X 233
National Oceanic & Atmospheric Administration Fax: (305) 293-5011
33 East Quay Road Cell: (305) 360-2585
Key West, Florida 33040 E-mail: sean.mortonQnoaa.gov
Sean Morton
Superintendent
I,-2
EXCERPT FROM THE DRAFT MINUTES OF THE OCTOBER 25, 2011 MEETING OF
FLORIDA KEYS NATIONAL MARINE SANCTUARY ADVISORY COUNCIL
FLORIDA KEYS NATIONAL MARINE SANCTUAR Y AD VISOR Y COUNCIL
RESOLUTION
A RESOLUTION OF THE FLORIDA KEYS NATIONAL MARINE SANCTUARY ADVISORY
COUNCIL ACKNOWLEDGING THE ENVIRONMENTAL IMPACTS
OF BOTH LIVE ABOARD AND TRANSIENT CRUISING VESSELS WHO IMPROPERLY
AND ILLEGALLY ANCHOR AND PROLIFERATION OF DERELICT VESSELS
WHICH ARE HAVING TO BE REMOVED AT GREAT EXPENSE AND
ARE HAVING NEGATIVE IMPACTS ON RESOURCES AND NAVIGATION
DO OFFER STRONG SUPPORT FOR FS 327.4105 WHICH ESTABLISHES
THE STATE PILOT PROGRAM FOR THE REGULATION OF MOORING VESSELS
OUTSIDE OF PUBLIC MOORING FIELDS AND THE ESTABLISHMENT OF
ADDITIONAL MANAGED MOORING FIELDS WITHIN
THE FLORIDA KEYS NATIONAL MARINE SANCTUARY.
October 25, 2011
WHEREAS, Monroe County is home to North America's only coral barrier reef, among the most
endangered coral reefs in the world due to multiple stressors including pollution from sewage that has
caused a decline in water quality; and
WHEREAS, the reduction of water quality in Monroe County is caused in part by the discharge
of untreated or poorly treated sewage from vessels within Monroe County; and
WHEREAS, these waters are of such value that the State of Florida has designated them as
Outstanding Florida Waters and Congress has designated them as part of the Florida Keys National
Marine Sanctuary; and
WHEREAS, through the efforts of the Governor and the U.S. Environmental Protection Agency,
state waters within the boundaries of the Florida Keys National Marine Sanctuary were established as a
No Discharge Zone for boater sewage effective June 19, 2002, as published in the Federal Register at 67
FR 35735 on May 21, 2002; and NOAA regulations promulgated in November 2010, which made
discharge of sewage from marine sanitation devices throughout the entire Florida Keys National Marine
Sanctuary, both state and federal waters, a prohibited activity, with certain limitations. The NOAA
regulation became effective December 27, 2010, as published in the Federal Register at 75 FR 72655 on
November 26, 2010.
WHEREAS, the Monroe County 2010 Comprehensive Plan requires the County to develop
provisions to reduce pollutant discharges from anchored liveaboard vessels, including the establishment
of mooring areas; and
WHEREAS, surveys conducted for Boat Live Aboards in The Florida Keys: A New Factor in
Waterfront Development prepared by Gus Antonini in 1990 concluded that anchor -outs are one of the
most serious concerns in regard to live -aboard issues in the keys; and
WHEREAS, The Boating Impacts Management Plan prepared by the Monroe County
Department of Marine Resources in 1992 recognized that liveaboard vessels require specialized
infrastructural services including sewage disposal and shore -side facilities; and
WHEREAS, The Channel Marking Master Plan for the Florida Keys prepared by the Monroe
County Department of Marine Resources in 1998 identified mooring fields as a key management tool in
addressing the variety of impacts generated by the proliferation of liveaboard boaters anchored
throughout the keys; and
WHEREAS, in 2001 the Monroe County Board of County Commissioners gave approval for the
Department of Marine Resources to apply for grants to fund the implementation of mooring fields and
pumpout facilities; and
WHEREAS, in 2001 the Monroe County Department of Marine Resources prepared a Project
Proposal for a Keys -Wide Mooring Field System for the Florida Department of Community Affairs which
recognized a variety of impacts associated with live -aboard anchorages in 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 numerous
anchorages throughout the keys including Boca Chica harbor and recognized the need to address
numerous boating impacts associated with the crowded anchorage; and
WHEREAS, the anchorage at Boca Chica Harbor would benefit from implementation of
infrastructural services for the disposal of vessel sewage waste, provision of vessel mooring systems and
designated access to the shoreline; and
WHEREAS, the Florida Department of Environmental Protection has recognized the need for
establishing mooring fields designed to accommodate the management goals of local government
programs;
NOW THEREFORE, BE IT RESOLVED, I move that the Florida Keys National Marine
Sanctuary Advisory Council request that the Superintendent of the Florida Keys National Marine
Sanctuary, Sean Morton, construct a letter of strong support of the Monroe County Resolutions of 08 09
and FS 327.4105 Pilot Program, which gives the County authority to write ordinances which expound on
further protection from the negative and costly impact(s) of derelict vessels and other on -water structures
(which cost in excess of $273,000 of Monroe County Boater Improvement Funds alone in 2011), illegal
dumping, inappropriate and improper anchoring within the Florida Keys National Marine Sanctuary.
The Council is an advisory body to the sanctuary superintendent. The opinions and findings of this
publication do not necessarily reflect the position of the Florida Keys National Marine Sanctuary, the
National Oceanic and Atmospheric Administration, the Florida Department of Environmental Protection,
or the Florida Fish and Wildlife Conservation Commission.
[Passed on this date: October 25, 2011