Item Q7 Q.7
G BOARD OF COUNTY COMMISSIONERS
County of Monroe "1 Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
November 20, 2019
Agenda Item Number: Q.7
Agenda Item Summary #6282
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Roman Gastesi (305)292-4441
n/a
AGENDA ITEM WORDING: Approval of a resolution urging Florida Keys National Marine
Sanctuary to listen to stakeholder comments and suggestions, and to not limit public access
unnecessarily.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FKNMS Resolution 11.20.2019
COMMISSIONER COLDIRON'S NOTES: 10.15.19 AND 11.6.19 SANCTUARY ADVISORY
COUNCIL RESTORATION BLUEPRINT DISCUSSION NOTES; NOV. 11 PUBLIC COMMENT
PERIOD, MARATHON
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
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Q.7
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 11/05/2019 4:41 PM
Kathy Peters Completed 11/05/2019 4:42 PM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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Q.7.a
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -2019
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS URGING FLORIDA KEYS NATIONAL MARINE
SANCTUARY TO LISTEN TO STAKEHOLDER COMMENTS AND
SUGGESTIONS,AND TO NOT LIMIT PUBLIC ACCESS UNNECESSARILY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 16, 1990, Congress designated the Florida Keys National Marine
Sanctuary (FKNMS) to be protected under management of the National Oceanographic and Atmospheric
Administration(NOAA); and
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WHEREAS,NOAA's current management of the sanctuary is based on its 1997 final environmental
impact statement(EIS) and a 2007 revised management plan; and
WHEREAS, the 1997 EIS and 2007 management plans implemented sanctuary-wide regulations
and established the nation's first comprehensive network of marine zones in the FKNMS after years of
planning, design, and public input; and
WHEREAS, in September 2011 NOAA published the "Condition Report"for the FKNMS,the first
attempt to comprehensively describe the status, pressures and trends of resources in the sanctuary and
should be used in conjunction with the more detailed summaries of the individual monitoring and research
programs (e.g., zone monitoring program,water quality protection program, etc.); and
WHEREAS, the 2011 Conditions Report helps identify strengths in current monitoring efforts, as c"!
well as factors that may require monitoring and potential remediation in the years to come and provide
guidance for future management challenges. For example, this report supports the need for additional
management actions that address the degraded conditions of some key habitats and living resources in the
sanctuary; and 0
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WHEREAS, due to the 2011 Conditions Report, FKNMS is updating its management plan and �s
recently released "Florida Keys National Marine Sanctuary: A Restoration Blueprint" to help counteract
the decline in resource condition in the Florida Keys through a series of regulatory and management �
measures designed to reduce threats and, where appropriate, restore coral reefs, seagrasses, and other
important habitats; and
WHEREAS,the FKNMS is holding a series of public meetings for stakeholders to learn more about
the Restoration Blueprint proposal and is accepting Public comments in person,online,and by mail through
January 31, 2020; and
WHEREAS,after the public comment period ends,the comments will be reviewed, and NOAA will
formally propose a set of draft regulations to establish changes. There will be another round of public
comments on the refined proposal. Subsequently, if NOAA moves forward with a final action, a final
environmental impact statement and final notice of proposed rulemaking will be published in the Federal
Register. That would be followed by an opportunity for review by the governor of Florida as well as by
Congress. It is expected that implementation of any final action to occur approximately three years
following public release of the Restoration Blueprint; and
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WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the
recreational and commercial importance of the marine resources of the Florida Keys, and protecting these
sanctuary resources is valuable not only for the environment but also for the economy; and
WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the special
marine resources of the region,which led to the area's designation as a national marine sanctuary,contribute
to the high quality of life for residents and visitor, without these unique marine resources, the quality of
both life and the economy of the Keys would decline; and
WHEREAS, the Monroe County Board of County Commissioners(BOCC)recognizes Public input
is vitally important determine the future of the Florida Keys and strongly encourages FKNMS to listen to
stakeholder comments and suggestions, and to not limit public access unnecessarily; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. Monroe County urges Florida Keys National Marine Sanctuary to listen to stakeholder U)
comments and suggestions, and not limit public access unnecessarily.
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Section 2. Direct the Clerk to transmit copies of this resolution to the Florida Keys National Marine
Sanctuary (FKNMS), the Department of Environmental Protection (DEP) and Florida Fish and Wildlife
Conservation Commission(FWC).
Section 3. This resolution shall become effective upon adoption. U)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 20th day of November 2019.
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Mayor
Mayor Pro Tem
Commissioner
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Commissioner
Commissioner U)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA z
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BY: E
Mayor
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
Approved for form and legal sufficiency.
Monroe County Attorney
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Q.7.b
10.15.19 AND 11.6.19 SANCTUARY ADVISORY COUNCIL RESTORATION BLUEPRINT DISCUSSION NOTES
NOV. 11 PUBLIC COMMENT PERIOD, MARATHON
Beth Ramsay-Vickery:This does not follow the will of residents.
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Thea Ramsay: Good ideas have come from the public on better water quality, mooring balls, required education for boat
renters. If you close one area it will only push them somewhere else. Needs to be re-written.Take better care of what co
you already own.
Capt. Adam Dixon, independent fisherman: I want the status quo. Show us improvement of what you are managing. I'm
against corridor closure in the Dry Tortugas—it will cause more stress elsewhere. Handliners have zero by trash. Where
is the study on economic downturn this would cause?Our fisheries are already managed. If you close them, the
commercial fishing industry—we will lose homes and we pay taxes.The real problem is water quality. Commercial
fishermen support the county—plus we provide vital protein to the county. If you close this we will increase our carbon gj
footprint by trucking in more food. We need more enforcement and better management of mini lobster season. We
spend our life on the water. �3
Gary Nichols, organized seafood fisherman:They(NOAA) didn't let us help plan. I thought we closed some of these areas
earlier.Tried for 20 years to improve water. Long Key can't be closed.We are already pushed out in Everglades Bay. My 0
2,500 traps will all be closed out along with 14,700 traps in this area. Family-owned business in Middle Keys. It is the
least habituated area. Sand and grass not endangered. Fighting for fishing families' survival. It would push us up to
Marathon or Islamorada. It is impossible.
Commercial fisherman: I sat on the board for the first nine years. Nothing happened. Still poor water quality. If the
water was good we would be ok. Micro managing user groups is not the solution.
Douglas Gossage, marine physical surveyor: Warning, NOAA is difficult to work with. Finding shipwrecks in 2008— I
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found 30 tons of debris and I announced to NOAA and was denied a request to remove the debris and lobster traps,
including from the Flagler railroad.
Jeff Kramer, commercial fisherman of 42 years: I was on the Sanctuary Advisory Board for a while. My issue is with
closing areas on Long Key and Lower Matecumbe. 20 percent of catch comes from this area and we only have 2 miles on LO
the bay due to the Everglades.Three miles on oceanside before reef.This area is near Long Key State Park.This is the
place our businesses work. When the sanctuary and work groups got together, the group did not recommend closing
this area. Some heard it is now on here.This area does not make sense.
Charter guide: "I'm a fishing charter guide on Conch Key for 20 years. Closing 15 square miles off Conch Key is Z
unacceptable. No pressure in this area— not sure why you picked it as the area to close."
Jack Carlson, fishing guide: I have emailed and received no response. I saw a video of someone who sees boats
grounded, yet they are not reporting it. From Vaca Cut to the high school as a no-motor zone?We use that area to get
our live bait. Closing red buoy bank and flats hurts us getting bait. Change to no wake zone if you're worried about
tearing up the grass.
John Bartus, Marathon City Councilman:This is a fishing community. Fishermen here know the water. Speaking
specifically to Sombrero reef and the lighthouse—not off limit to locals. Closing off to locals and fishermen is not the
solution.
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David Paul Horan: I'm representing 59 in Key West against this out of 60. 1 ask all here to stand if you're against this plan.
(Several stood up).The old superintendent was a serious problem. Earlier restrictions didn't work— no one looked to see E
if the restrictions worked since 1997. Everglades National Park is the problem. Restrictions for coral reef die off is not
our cause. Closing the reef will not cure the problem. Nothing in the blueprint addresses the Everglades.The back
country is healthy—stay out.
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Michael Goldberg, Keys Dives: Corals are in dire straights. Look at the scuba diving industry under water on the reef. I
have had to change my business. Anchoring laws—why allowed on coral reefs?The system is not affordable or
enforceable.
Jason Schwenke, Better Than Most Watersports:We do scuba diving and moved here from Key Largo. Snorkel and scuba
operators are vilified. We go above and beyond educating our tourists about the importance of taking care of the Keys. LU
More education—there is no enforcement. Only went to lighthouse four times due to traffic, stress level and too many co
overnighters. Can't enforce it. East of Sombrero, no anchor zone.
Paul Robinson: NOAA is the problem.
"The blueprint is not about the environment. It's a war against us having rights. I'm not in favor of the regulations. It
does not address water quality. Economic damage to our generation.Who is held accountable?We need to reduce LU
regulations."
Tony Young, spear hunter: I do 700 dives per year from Key Largo to the Dry Tortugas. We need to educate tourists on
how to anchor. No anchor zones not fair to those who understand how to anchor. �3
Rick Gage, All Keys Boaters Alliance: We are for Alternative One—no change—there has to be better options. We will
need attorneys to fight this. We will need funds to fight this. Let's reset the stage.These options will change our lives for 0
the worse—where are the markers in the back country?Where are the mooring balls?
Robert Pillar, 36 year lobster fisherman and Director of Florida Keys Fishing Association: Hurricanes cause more damage
than we ever do. Coral restoration—Ken Neidemeyer, has NOAA given money to restore? Lion fish are a problem, does
NOAA help? Black urchins too. Blaming all this on us locals and punishing us.
Scott Pillar: I'm in agreement—the tax dollars pay NOAA and the TDC pays to bring tourists here.
Pamela Yousgavage: I've been here since 1970 and helped rebuild after Irma.These proposals are taking away our rights
to water and why we live here.
Tony Nalli, All Keys Boaters Alliance: We object to the blue print and we need to fund attorneys to take this to the gov.
Ammie Rodriguez,wife of fisherman: I disagree with this blue print. 'O
Jim Gagliardini: I was born here.The flats and shallow water sea grass is filled with propeller scars and algae.When I see
change I go to the experts. Why aren't we listening to science? I think anchor dropping on reefs is the problem. I think LU
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this is only closing 3-4%and that is not enough.
Mary Williams and two marine biologists: Fishermen deserve to fish and we all need to work together.
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OCTOBER 15 PUBLIC COMMENT PERIOD, KEY WEST
QUOTES FROM FISHERMEN
Bill Kelly: Florida Keys Commercial Fishermen's Association—We are requesting language in Spanish. 51% are Hispanic.
Increase water quality, education and law enforcement. Close seasons, not areas. FWC: once closed never reopen. $900 fL
billion economic engine to Monroe County.
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Peter Bade: Oldest fish house in the Keys/Largest fish house in Key West: Now there are only three left, as it is
marginally profitable due to regulations and restrictions. Quotas on numbers have been reduced, and 100 families
depend on this fish house.
Greg Bringle: local—we have fishery management already.There is no need to close western dry rocks. Idle only will
cause more damage to grass—they will go deeper (props in water) it will take more fuel and hours if you're in a no
access or idle zone. gj
Howard Livingston: We all love the ocean. Generations of fishermen have protected these waters. More of an impact
will happen if you close other areas—i.e. mini season.
Charles Fricke, Cudjoe: On Monkey Island/Lois Key: Flats guides want to close area for tarpon fishing.There are two cuts (s
others use and if closed will have to make me go further away and use more fuel to get home. Put flags on the flats. >
David Paul: we don't trust this. It changes boundaries, zones to increase compatible uses. Regulations should not
adversely impact our economy.There are 57 marine zones currently. Closure should be the last alternative.
Rockett Tropicals: I'm a 41"generation fisherman—you are taking from locals.We bust our butts to make a living. Locals Z
are the ones protecting the reef. Water quality is the issue.Toll the tourists—they can pay.
Commercial fishermen: Put in channel markers, the fish are fine. Once an area is closed, it never opens again. Make it a
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rolling sanctuary, no more than two years. Bully netters: 75%of bullynetting will now be closed.These are at night time.
This won't hurt flats guides. Build artificial reefs
Key West commercial fisherman:You're shutting down where 90%of my traps are located. I'm being robbed of my
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livelihood. We want to have our say, our vote. Water quality is the issue. Closing areas will only put more pressure on LO
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other areas. Please work with us. CD
Commercial fisherman: I'm a charter guide, scuba diver—the terminal disease is the water quality and over policing. W
Funding has been cut.
Greg Orpezo: I'm a fourth generation fisherman. Water degredation is the issue and this will not help. Lack of
enforcement is an issue right now.We cannot know if those regulations work if they haven't been enforced. Aid to
navigation would help.
Capt. Greg Daniels: Current sanctuary is the one we compromised in the past—enforce the rules you already have.Just U
now putting up markers—put in channel markers in back country. Special interest groups are not good. Education is
important.
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Ross Bouchek: Increase water quality monitoring 2.) start an artificial reef program 3.) shrimp trawling: I'm in favor of 0
Western Dry Rocks but not year round—maybe just in spawning season. If you limit, make it no access to all.
Aimee Rodriguez: Wife of commercial fisherman in Marathon: I'm 100%against this blueprint. I need an attorney to
decipher it.
Steel Rockett: Wild shots seafood—I'm a third generation conch. New closures are too much. I feel the goal is to close
everything.
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Q.7.b
Capt. Bill Wickers of original 1997 NOAA: I have a section on water quality on my shelf collecting dust. We need to start
with water quality in the Florida Bay and Everglades.Algae is worse. Why have we made Miami Dade stop dumping into
the ocean. Picking on fishermen.Water quality is the only issue.
Manny Herrera: Commercial fisherman: I participated in early working groups. Nothing was accomplished. We asked for
research to show closing helps.This didn't happen. Fishery management has changed to protect the fish. Creating mores
closures won't help. co
Robert Pillar: Commercial fisherman involved in first round.The intercoastal waterway used to be marked.Water quality
is the issue, not closing areas. Raw sewage is the issue.
Lee Starling: I'm a fisherman and I'm opposed.You're protecting one group more than others. Enforcement issues—we
can't enforce what we have. We want an economic study on what happens to closing areas. FWC is a different agency. I
fear this will stop all fishing. Shrimp boats: get rid of them.They cause the most damage in the sanctuary.Why are they _
allowed. It's reducing revenue. Boater education is important. Sea urchins—need better management. Z
Lewis Cavel: Commercial fishermen: 1.) add structure 2.) don't increase restrictions g,
"Keep it status quo.The sanctuary was mismanaged. Water quality is the No. 1 issue. Why don't we test for red tide.
Why no water testing program?"
Lobster fisherman: Sixth generation fisherman—increased regulations making it difficult to make a living.
Snapper/grouper helps pay the bills. Lobster and stone crab is already highly regulated by FWC and tag reductions. Now
NOAA wants to limit use or restrict access to fishing areas.
Commercial trap fishermen: in favor of extending the reserve, idle zones are an inconvenience, increase mooring balls.
Fishing guide:This is not based on science—use state and federal fish management, idle speed is bad/We need to catch
bait. 1) put up more signs 2.) install artificial reefs 3.) put more mooring balls in 4.) clean up derelict vessels 5.) invest in
restoration 6.)work on water quality. I am not for these closures.
Fisherman: "We need straight talking, Roy Crabtree is enemy: I finished 30,000 hours in Marquesas. No BLUE STARS.
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Change to gold—sounds elitist." 17
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"Protect spawning fish—At Western Dry Rock there are multiple spawners. Protect Riley's Hump, it's a success. So make
Western Dry Rock a success until we get a handle on water quality."
"Cudjoe Key/Barracuda Keys—an area adjacent to Marvin Key—closures to a no motor area is excessive and not
necessary. Make it not so restrictive. Use channel markers to show shallowed areas, and signs saying FLAG UP. Respect
the flats. Make Marvin Key idle instead of no entry. 166 acres of closure through no entry is too much."
Unintended consequences: boaters will find other ways to do what they want.Western Dry Rocks: don't get into fishing
management. Western Sambo: No idle zone—if pop up storm you might need to be able to get away.
Bullynetters: "On the flats we will be prohibited/Key Colony/Little Venice/Behind Marathon City Hall —will be
compromised."
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SALVAGERS/TREASURE HUNTERS
Mel Fisher Historic Salvagers: Daughter of Mel Fisher: I'm not in favor of this. I'm concerned about it not being fact
based/zero representation. We were told there were no issues on shipwreck laws. Changes in our industry are not
warranted. Status quo is the way to go.Today is the day to reinstate the old plan. For salvagers there is a lot wrong.We
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needed to be at the table. Meet with us. Our meetings are on Thursdays.
Mel Fisher's grandson: 55%voted against this originally co
Treasure hunter:This is corruption and abuse. Promises are being broken. 61 permits have never been honored.This
dog and pony show/crushing archeology.
"Cultural historic research will be prohibited in this."
SANDBAR ADVOCATES/LOCALS
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DeeDee Vaughn: Establish a recreation zone on sandbars that are currently utilized. Better channel markers on back
country to get through safely. Make education mandatory for boat rentals. Create positive partnerships with all to share
info. Over regulation only hurts.
Beth Ramsay-Vickery:The superintendent is the one that created this and needs to be transparent. No access is not
acceptable for Sombrero. We want unrestricted public access to backcountry sand bars. Closures should be the last
resort. Once closed they will never reopen.The majority opinion of residents needs to be followed.
Brad Vickery:This plan fails to address the problems. Put in mooring balls and channel markers.
Jessica Johnson: I'm a local and I go to snipes. We clean out trash everywhere. Locals educate people. Put in mooring
balls, channel markers and educate. Do not shut it down. IR
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Last Stand: Protect multi-spawning areas.
Spencer Slate: Divers 41-year diver. I used to serve on the National Marine Sanctuary. We need to establish some17
common sense. 1.) protect water 2.) protect livlihoods of user groups. Changes are needed. Fish feeding: based on LO
education, show me proof that feeding is bad. I'm a professional fish feeder.The studies were not the studies I use.This
will put me out of business. Underwater fish experience—grandfather us in or issue a special use permit.
David Paul Horan: I'm against NOAA proposal. In referendum it was voted down. We do not trust you. I oppose Blue
Star/restrictions on back country, no entry/no wake. It's the same effect as a SPA. Do not restrict BC.The reefs are dying
despite efforts.There has been 95%death (already) so don't restrict.
Al Ware, retired Coast Guard: Want more refined points around maps.We need this before we can discuss Big Coppitt—
lets go over Snipe, etc. before protecting these areas from boaters. U
Larry White: Community member:Taking away access will hurt business
Carla Bellenger: Eco tours—sailing, kayaking, snorkeling and paddle boarding. I was there when Archer Key had mooring (s
balls. 1.) mark channels 2.) put in mooring balls. Do not shut down Archer and Mud Key. I was on the working group in 0
2012 and we recommended mooring balls.
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Richard Arnold: I'm a five generation conch. Don't shut down the sand bars, Snipe& Marvin
Donald Kirkpatrick of Sunset Watersports: Keep it status quo
Erica Sterling: I'm a seventh generation conch—Will this solve the hard issues? 1.)Turtle grass 2.) the reef 3.)water
quality 4.)water flow 5.) cleanup derelict vessels 6.) channel markers will help back country sea grass
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Q.7.b
Breanna, 12: Don't take our water
Jan Edelstein of Cudjoe Gardens—We love our water,water quality. Increase enforcement, educate boaters, we oppose
restrictions for economic reasons.We oppose closing areas to protect irds on Barracuda Keys. Boundaries are
overdrawn. Benefits flats guides, hurts the divers.
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Law Enforcement representative—Leave Loggerhead Basin as is.The proposal on idle speed is not fair. It impacts
Sugarloaf, Summerland—the only area to transit Don't just cater to flats guides.Allow people to slow down, idle. CO
Summerland Key: Stay with alternative No. 1. We believe these closures are warranted. More productive to partner with
water quality in the everglades/Okeechobee. Partner with FWC to stop mini season.TDC needs to slow down flooding
roads and water with people.
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