Item I1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mgy 16, 2012
Bulk Item: Yes No X
Division: _Growth Management
Department:Planning & Env. Resources
Staff Contact Person: Richard Jones/289-2805
AGENDA ITEM WORDING: Approval and direction to transmit an ordinance to the Florida Fish and
Wildlife Conservation Commission (FWC), in association with the FWC Pilot Program on anchoring and
mooring, in partnership with the Cities of Marathon and Key West, to: 1) designate managed anchoring zones at
Sunset Cove, Boca Chica Basin, Cow Key Channel, Key West Harbor and Boot Key Harbor within which
requirement of proof of vessel pumpout and prohibition of pre -derelict vessel conditions are to be implemented,
and 2) create no -anchoring buffer zones adjacent to the 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. At the April 18, 2012 BOCC meeting the Board heard the City of
Marathon's request to include Boot Key Harbor as a managed anchoring area, the Navy's general
concerns (staff subsequently communicated with the Navy and have made revisions based on Navy
technical documents provided to date), and staff's recommendation to delete the floating structure
prohibition, and was made aware of issues with requiring a USCG Auxiliary VSC inspection, and
recommended 30 days changed to 10 days for pumpout, and recommended a prohibition of vessels
exhibiting pre -derelict conditions. See attached matrix with various alternatives discussed by BOCC. Upon
BOCC approval and direction, the anchoring 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 or other
permanent legislation is passed to allow local governments to permanently regulate these areas.
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.
April 2012- direction to include a prohibition on vessels exhibiting pre -derelict conditions in the managed
anchoring zones, as an alternative to the USCG Auxiliary VSC.
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 #
1
2
3
4
5
6
7
8
9 ORDINANCE NO. - 2012
10 Draft
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING CHAPTER 26
14 OF THE MONROE COUNTY CODE (WATERWAYS) TO
15 PROVIDE FOR "ARTICLE V ANCHORING AND
16 MOORING RESTRICTED AREAS"; PROVIDING FOR
17 SEVERABILITY AND REPEAL OF INCONSISTENT
18 PROVISIONS; PROVIDING FOR FILING WITH THE
19 SECRETARY OF STATE; PROVIDNG FOR AN
20 EFFECTIVE DATE; PROVIDING FOR CODIFICATION.
21
22
23 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The
24 Boating Impacts Management Plan Final Report which documented liveaboard vessel
25 impacts associated with unmanaged anchorages throughout the Keys; and
26
27 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
28 Keys -Wide Mooring Field System Preliminary Planning Document which included an
29 evaluation of anchorages throughout the Keys including Sunset Cove, Boca Chica
30 Harbor, Cow Key Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area)
31 and recognized the need to address negative boating impacts associated with those
32 unmanaged anchorages; and
33
34 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
35 Development of a Boating Management Plan for the Boca Chica Harbor Area which
36 evaluated a variety of boating impacts in that anchorage area and provided options for
37 managing anchoring activity, but recognized the lack of authority (at that time) provided
38 to the County to regulate vessels other than liveaboard vessels; and
39
40 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
41 Conservation Commission (FWC), in consultation with the Florida Department of
42 Environmental Protection, to establish a Pilot Program to explore potential options for
43 regulating the anchoring or mooring of non-liveaboard vessels outside the marked
44 boundaries of public mooring fields (327.4105 F.S.); and
45
46 WHEREAS, the goals of the Pilot Program are to encourage the establishment of
47 additional public mooring fields and to develop and test policies and regulatory regimes
48 that: promote the establishment and use of mooring fields, promote public access to
49 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
50 marine environment, and deter improperly stored, abandoned or derelict vessels; and
51
52 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
53 participate in the Pilot Program in partnership with the Cities of Marathon and Key West,
54 each of which operate public mooring fields; and
55
56 WHEREAS, the Monroe County Board of County Commissioners entered into Inter-
57 local Agreements with the Cities of Marathon and Key West on February 17, 2010
58 providing for coordinated partnerships in the FWC Pilot Program; and
59
60 WHEREAS, the Monroe County Marine Resources Office retained consultants to
61 complete vessel surveys inside and outside of public mooring fields at Key West and
62 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
63 workshops to take public input on anchoring and mooring issues and potential regulatory
64 regimes, in accordance with the criteria of the FWC Pilot Program; and
65
66 WHEREAS, during the stakeholder workshops residents in the Sunset Cove area
67 requested that the adjacent anchorage area be included in any potential regulations; and
68
69 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
70 input provided at stakeholder workshops, and provided a recommendation to the FWC to
71 approve Monroe County for participation in the Pilot Program; and
72
73 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
74 five local governments in the state to participate in the Pilot Program, including St.
75 Petersburg, Sarasota, St. Augustine and Martin County; and
76
77 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
78 County Board of County Commissioners held numerous public meetings from 2009 to
79 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
80 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
81 impacts; and
82
83 WHEREAS, the Monroe County Board of County Commissioners provided direction at
84 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
85 managed anchoring zones with accompanying regulations, and to coordinate with the
86 Cities of Marathon and Key West for the inclusion of ordinance language providing for
87 anchoring regulations in association with their respective mooring fields; and
88
89 WHEREAS, at the September 21, 2011 Monroe County Board of County
90 Commissioners meeting the Board received a request from a representative of Wisteria
2
91 Island to have Key West harbor included as a managed anchoring zone, and the Board
92 approved the inclusion of that area as a managed anchoring zone; and
93
94 WHEREAS, the Monroe County Board of County Commissioners provided additional
95 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
96 managed anchoring zones, and revised the regulations for development to be applied
97 within those zones; and
98
99 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
100 meeting accepted a request by the City of Marathon to include the greater Boot Key
101 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
102 directed staff to include a prohibition on vessels within managed anchoring zones that
103 exhibit conditions known to precede a derelict vessel condition, eliminate floating
104 structures language and eliminate USCG Auxiliary Vessel Safety Check language
105 pending a recommendation from the USCG; and
106
107 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
108 anchoring ordinance should not be over -reaching and not overburden transient boaters;
109 and
110
111 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
112 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
113 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds
114 through marine fuel taxes, to properly pumpout and comply with existing sewage
115 discharge regulations within the federal No Discharge Zone in the Keys, by providing
116 free pumpout service to vessels located in managed anchoring zones and which are
117 served by the County pumpout program; and
118
119 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
120 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
121 areas of the Florida Keys and to provide for a registration process, with accompanying
122 participation stickers or tags to be displayed on vessels indicating proof of regular
123 pumpouts; and
124
125 WHEREAS, because the anchoring ordinance is a test program the Monroe County
126 Board of County Commissioners desires that vessel owners be provided warnings by
127 enforcement officers prior to the issuance of citations, to allow every opportunity for the
128 vessel owner to comply with the described regulations; and
129
130 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
131 and non-liveaboard vessels; and
132
133 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
134 fully implement the agency's At Risk Program in designated managed anchoring zones as
135 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
136 condition; and
3
137
138 WHEREAS, the regulations established in the anchoring ordinance are consistent with
139 the municipal codes of the City of Marathon and the City of Key West; and
140
141 WHEREAS, the Monroe County Board of County Commissioners will transmit the
142 approved anchoring ordinance to FWC for consideration and approval prior to adoption
143 of the ordinance by the Board of County Commissioners;
144
145
146
147 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
148 OF COUNTY COMMISSIONERS:
149
150 Section 1. Chapter 26 of the Monroe County Code is amended as follows:
151
152 Chapter 26
153 WATERWAYS
154
155 ARTICLE V
156 ANCHORING AND MOORING RESTRICTED AREAS
157
158 Sec. 26-100. Purpose. it is the 1urpose of this section of this Code to provide for
159 anchoring and mooring restricted areas where unmanaged anchoring and/or_ mooring, and
160 associated environmental and navigational impacts exist. These areas and restrictions are
161 created in accordance with F.S. & 327.4105, and by approval of the Florida Fish and
162 Wildlife Conservation Commission which has been _directed by the Florida State
163 Legislature to establish a Pilot Program to explore potential options for regulating the
164 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public
165 mooring fields. These restrictions are deemed to be necessga to protect the pjLblic
166 health safety and welfare. These restrictions also include the regglation of liveaboard
167 vessels and floating structures as provided for in F.S. § 327.60(3).
168
169 Sec.26-101. Definitions.
170
171 Proof ofyumpout means an acceptable form of proof that a vessel has had its vessel
172 sewage legally pumped out, or disposed of (in the case of a Porta-Potti _or other_ portable
173 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by
174 the City of Key West, City of Marathon or Monroe County pumpout programs ind_ icating
175 that the vessel receives routine pumpouts, or a pumpout receipt from a pumpout facility
176 (including_ portable toilet dump stations) or pumpout vessel within the past ten 10) days.
177
178 Derelict Vessel means anv vessel, as defined in F.S. § 327.02, that is left, stored, or
179 abandoned:
180 (a) In a wrecked, junked, or substantially dismantled condition _upon any public
181 waters of this state.
182 (b) At any port in this state without the consent of the agency having_ jurisdiction
183 thereof.
n
u
184 (c) Docked or grounded at or beached upon the property of another without the
185 consent of the owner of the property
186
187 Sec. 26-102. Anchoring and Mooring Restricted Areas.
188
189 (a) Managed Anchoring_ Zones. Managed Anchoring Zones are established for the
190 purpose of protecting the marine environment, enhancing navigational safety, and
191 deterring improperly stored, abandoned, or derelict vessels. Managed Anchorinit
192 Zones are created as a tool to regulate anchoring actives in currently unmanaged
193 anchorages.
194
195 (1) Managed . Anchoring. Zones shall be established in the following described
196 geographic areas. Maps delineating the _Managed Anchoring Zones are
197 attached hereto as Attachment A, and are incorporated herein by reference and
198 will be made available in the Marine Resources Office.
199
200 a. Boca Chica harbor: To include the body of water occurring between
201 Stock Island and Boca Chica Key (excluding NM restricted areas), east
202 of the Stock Island shoreline, south of U.S. Highway 1, west of Boca
203 Chica Channel, and north_ of latitude 24° 33.45' N (approximately, at the
204 location of Boca Chica Channel marker 7).
205 b. Sunset Cove: To include the body of water in Buttonwood_ Sound
206 occurring southeast of the Intracoastal waterway and bounded by the Key
207 Largo shoreline.
208 c. Key West Harbor: To include the body of water occurring west of
209 Fleming Key and Key West Lexcluding Navy restricted areas), south of a
210 line running east -west at latitude 24 ° 35.19' N, east of a line running ftom
211 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset
212 Key), and north of a line running east -west at latitude 24° 33.84' N.
213 d. Cow Key Channel: To include the body of water occurring between Key
214 West and Stock Island, south of U.S. _Highway_ 1, and _north _of_a line
215 running east -west at latitude 24' 33.44' N (approximately at the location
216 of Cow Key Channel marker 51
217 e. Boot Key Harbor: To include the area of Boot Key Harbor (excluding the
218 permitted public mooring field and No -Anchoring Buffer Zone) occurring
219 south of the Vaca _Key shoreline, east of Boot Key Harbor main channel
220 entrance marker 7 located at position 24' 42.13' N 81 ° 06.84' W, north of
221 the Boot Key shoreline, and west of the far eastern side of Boot Key
222 Harbor at position 24' 42.54' N 81 ° 04.99' W, and including the entirety
223 of Sisters Creek south to marker 4 at the entrance of Sisters Creek, and
224 including the area occurring from Sisters Creek marker 4 at position 24°
225 41.35' N 810 05.26' W running east to the shoreline of Vaca Key at
226 position 24° 41.43' N 81° 04.93' W and running north along the shoreline
227 of Vaca Key and continuing to the west along the shoreline of Sombrero
228 Beach.
229
230 (2) The following regulations shall apply within Managed Anchoring Zones:
231
232 a. Prohibition of vessels exhibiting re -derelict vessel conditions. Vessels
233 determined to exhibit conditions known to precede a derelict vessel
234 condition are prohibited, including:
235 1) Vessel is not able to be used for navigation.
236 2) Vessel is listing.
237 3) Vessel is aground.
238 4) Vessel is_in danger of breaking its mooring_
239 5) Vessel is sinking.
240 b. Proof of ppmpout required. Vessels anchored or moored for more than ten
241 (10) consecutive days, and which are required to have a marine sanitation
242 device in accordance with F.S. § 327.53, must provide proof of pumpout.
243 Vessel owners may utilize a pumpout service which may provided by
244 the City of Key West, City of Marathon Monroe County pumpout
245 programs, or other authorized vessel pumpout facilijy or vendor. The
246 municipal and Cooum out services are structured to provide on oin
247 pumpouts for vessels located within managed anchoring zones, and may
248 provide a registration process by which vessel owners sign up for regular
249 pumpouts at a frequency based on anticipated need, with a minimum of
250 one pumpout per month. A monthly, color coded, registration sticker or
251 tag may be provided which vessel owners may display on their vessel,
252 indicating participation in the municipal or County pumpout program, and
253 which will be considered proof of pml2out. The municipal and/or County
254 pumpout programs shall maintain registration documentation and pmpout
255 logs throughout the duration of the Pilot Programending July 1, 2014).
256 which shall be available for review by.an law aw enforcement officer. If a
257 vessel owner utilizes another vessel pumpout provider the vessel owner is
258 required to maintain documentation and pumpout logs to demonstrate use
259 of pumpout to FWC, MCSO or other law enforcement officers.
260 c. Prohibition of derelict vessels. Vessels determined to be derelict in
261 accordance with F.S. § 823.11 are prohibited.
262
263 (b) No Anchoring Bufj`er Zones. No -Anchoring Buffer Zones are established outside
264 of, and immediately adjacent to, permitted public mooring fields for the purpose
265 of protecting maritime infrastructure, enhancing navigational safety and
266 promoting_ public access and the use of public mooring fields.
267
268 (1) No -Anchoring Buffer Zones shall be established in the following described
269 geographic areas. Maps delineating_ the No Anchoring Zones are attached
270 hereto as Attachment B, and are incorporated herein by reference and will be
271 made available in the Marine Resources Office.
272
273 a. Boot Key Harbor: To include a fifty foot(50') wide area immediately
274 adjacent to, and outside of, the perimeter of the east and west mooring
275 fields and the leased anchoring area.
276 b. Sea lane Basin: To include the area of Garrison Bight known as the
277 Seaplane Basin and as described in the Florida Department of
278 Environmental Protection Management Agreement for the Key West
279 mooring field and Key West Ordinance No.00-32 (excluding NM
280 restricted areas), occurring north of the Key West shoreline, east of the
281 Fleming Key shoreline south of the Shark Drop Zone dee cut line and its
282 westerly extension, and west of Sigsbee Park.
283
284 (2) The fallowing regulations shall apply within No -Anchoring Buffer Zones:
285
286 No anchoring or mooring of any kind vessels or floating structures, except
287 for vessels mooring within established permitted public mooring fields by
288 permission of the mooring field owner or „manager, vessels within a leased
289 anchoring area associated with a mooring field, commercial vessels (e.g_.
290 barges) engaged in marine related work, miljtM operations, vessels anchored
pulp g (but
291 for the ose of fishing or other recreational activities, u, not overnit),
292 or in the case of an emergency (e.g. weather, mechanical medical causing the
293 need for a vessel to temporarily anchor.
294
295 Sec. 26-103. Enforcement. Regulations described in this Article may be enforced by law
296 enforcement officers of the City of Marathon or Cijy of Key West Lyyithin their areas of
297 jurisdiction), Monroe County, or FWC or any other law enforcement officer.
298
299 Sec.26-104. Penalties.
300
301 (a) AU person cited for a violation of this article shall be charged with a noncriminal
302 infraction A written warning shall be issued to provide the vessel owner 30 days
303 for corrective action or removal of the vessel. If corrective action or removal is
304 not accomplished, a Uniform Boating Citation may be issued for violations of this
305 ordinance pursuant to F.S. & 327.74 by any law enforcement agency authorized to
306 issue such citations. Vessel owners will be provided thirty (30) dqys between
307 issuance of citations. Fines associated with citations are established as follows:
308 (1) First offense- $50
309 (2) Second offense- $100
310 (3) Third offense- $250
311 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner
312 remove the vessel from the Managed Anchoring Zone or No -Anchoring
313 Buffer Zone
314
315 (b) Any person who fails to properly respond to or contest a Uniform Boating
316 Citation issued for a violation of this article shall in addition to the charge
317 relating to the violation of the boating laws of this Coupbe charged with the
318 offense of failing to res and to such citation and upon conviction be gwliy of a
319 misdemeanor of the second degee punishable as provided in Statute 775.082 and
320 775.083.
321
322 (c) If a law enforcement officer determines that a vessel is derelict, the violation shall
323 be processed in accordance with F.S. § 823.11
324
325 (d) Allowance. shall be provided for vessels in need of safe harbor due to severe
326 weather conditions or temporary mechanical issues which may otherwise prohibit
327 av_ess_el. from safely departing a managed anchoring zone within the timeframe
328 stipulated.
329
33? Sec. 26-105. Exemptions. The following exemptions are provided.
332 (a) Vessels equipped with only incinerating or composting toilets are not required to
333 provide proof of um out as those tvDes of toilets are not designed to be pumped
334 out. However, effluent from those toilets is not allowed to be disl2osed of in the
335 waters of the No Discharge Zone within the Florida Kos.
336 (b) Stored vessels -are not required to provide proof of pumpout.
337
338 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
339 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
340 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
341 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
342 clause, sentence, or provision immediately involved in the controversy in which such
343 judgment or decree shall be rendered.
344
345 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
346 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
347 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
348 any ordinance which has been repealed thereby.
349
350 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
351 the Secretary of the State of Florida and shall become effective as provided by law.
352
353 Section 5. Codification. The provisions of this ordinance shall be included and
354 incorporated into the Code of Ordinances of Monroe County, Florida and shall be
355 numbered to conform with the uniform numbering system of the Code.
356
357 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July
358 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or
359 be extended concurrently with the FWC Pilot Program.
360
361
362
363
364
365 (remainder of page intentionally left blank)
366
367
368
369
370
371
8
372 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
373 Florida at a regular meeting held on the day of , 2012.
374
375 Mayor
376 Mayor pro tem
377 Commissioner
378 Commissioner
379 Commissioner
380
381
382 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
383
384 Attest: DANNY L. KOLHAGE, CLERK
385
386 By By
387 Deputy Clerk
91
Boca Chica Harbor
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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: May 1, 2012
RE: Anchoring ordinance for FWC Pilot Program
The purpose of this memo is to provide information regarding the continuing
development of a draft anchoring ordinance in association with the Florida Fish &
Wildlife Conservation Commission (FWC) Pilot Program for anchoring and mooring.
Bac round:
At the April 18, 2012 BOCC meeting the Board heard staffs report, as well as public
input, and addressed issues pertaining to the draft ordinance language. The primary
issues discussed included:
1- Concerns regarding inclusion of the USCG Auxiliary Vessel Safety Check (VSC)
inspection program in the draft ordinance: Staff explained that Boat U.S., FWC
and representatives of the USCG at the national level had recently expressed
concern for making the voluntary VSC program mandatory within Managed
Anchoring Zones. Phil Goodman with the Florida Keys Sector of the USCG
Auxiliary explained that local representatives of the USCG and USCG Auxiliary
were coordinating with the national level to resolve the issue and provide a final
determination on the subject.
2- Concerns of the Navy: Ron Demes, representing Boca Chica Naval Air Station,
commented on conflicts between recommended Managed Anchoring Zone and
No -Anchoring Zone boundaries and adjacent military restricted areas and
runways. Mr. Denies mentioned the explosive arc around ordnance storage areas
on Fleming Key. He also described the need to provide for military activity
(anchoring) within the proposed no -anchoring zone for the Seaplane Basin.
The Board recognized the need to delete the USCG Auxiliary VSC requirement and
suggested an alternative regulatory element that would deter derelict vessels. The Board
revisited vessel conditions (included in the existing FWC At Risk Program) and directed
staff to revise the anchoring ordinance to include a prohibition on vessels that exhibit
those vessel conditions known to precede a derelict vessel condition, including: vessel is
not able to be used for navigation, vessel is listing, vessel is aground, vessel is in danger
of breaking its mooring, and vessel is sinking. The Board briefly discussed how those
vessels would be treated, and considered citations and removingistoring vessels. The
Board asked staff to consider penalties/mechanisms that would be reasonable in
addressing `pre -derelict' vessels for recommendation in the subsequent draft ordinance.
The Board recognized the concerns of the Navy and asked Ron Demes to provide staff
with maps indicating Navy bay bottom, restricted areas, the explosive arc, and runways
and to provide any objections in writing so that staff may consider revisions to the
ordinance accordingly.
The Board also provided direction on the following items:
1- Include the definition of derelict vessel and a prohibition of derelict vessels in
managed anchoring zones
2- Change the timeframe for requiring proof of pumpout from 30 days to 10 days
3- Add a Whereas encouraging FWC to fully implement the agency's At Risk Vessel
Program in Managed Anchoring Zones
Ordinance Revisions:
Staff has prepared revisions to the draft anchoring ordinance in accordance with the
direction and comments from the Board at its April 18, 2012 BOCC meeting.
Staff has deleted the USCG Auxiliary VSC decal requirement based on the BOCC's
concerns and the (attached) April 22, 2012 communication from Jeff Bronsing, Division
13 Commander of the USCG Auxiliary, indicating that the USCG Auxiliary "will not he
participating in the program with Monroe County ". Staff has added language
prohibiting vessels exhibiting `pre -derelict' conditions, and included the conditions
discussed by the Board. Penalty language has been added providing for FWC
enforcement to require the vessel owner to remove his/her vessel from the managed
anchoring zone or no -anchoring buffer zone if they do not comply after the third citation.
An April 30, 2012 letter from Capt. Lefere with Key West Naval Air Station includes
maps of the various geographic areas discussed at the April 18, 2012 BOCC meeting and
references 33 CFR 334.610 which describes existing vessel restricted areas around
Fleming Key and on the west side of Boca Chica Key. The letter also describes noise
zones, installation areas, etc. that the Navy prefers to be excluded from the regulated
areas in the anchoring ordinance, and also requests that the County make all of Boca
Chica basin a no anchoring zone. Staff has made revisions to the ordinance regulatory
language and associated maps based specifically on language in 33 CFR 334.610
referencing restricted areas.
Additional revisions have been made based on Board direction, including: a 10 day time
period for pumpout, a Whereas encouraging full implementation of the FWC At Risk
program, and a definition of derelict vessel and prohibition of derelict vessels in managed
anchoring areas.
Summary:
The following table summarizes the geographic areas included in the draft anchoring
ordinance, and the proposed regulations to be included within those areas.
Anchoring r i e s and AccompanyingRegulations
Sunset Cove
Boca Chica Basin
Cow Key Channel
Key West Harbor
Managed
Prohibition of pre-
Prohibition of pre-
Prohibition of pre-
Prohibition of pre -
Anchoring
derelict conditions.
derelict conditions. Proof
derelict conditions. Proof
derelict conditions.
Zones:
Proof of pumpout.
of pumpout.
of pumpout.
Proof of pumpout.
City of Marathon
o ncori
50' buffer zone around
erae:
Buffleased
mooring field and
anchoring area
Managed
Prohibition of pre -
Anchoring
derelict conditions.
Zone:
Proof of pumpout.
City of Key West
No -Anchoring
Buffer zone includes all
u er Zone
of Garrison Bight
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NAVAL AM STATNON
CountyMonroe
9oard of County Commissioners
1100 Simonton
Street
Rey 1 ( f
11000
f Apr 12
BOCC meeting,
regarding the • •*•--• changez
a. While we understand and promote the purpose of this
chapter, we must voice our objection to any managed anchoring
zone that's use is not compatible with our properties or
operational areas such as the "Boca Chica Harbor" presented in
the proposed change.
b. Specific • Boca •• _ ♦ as shownon enclosur
(1), the proposed managed anchoring zone would include Naval A
Station (NAS) Key West bay bottom, Accident Potential Zones
(APZ) of our main runway (OW25), high noise areas (65-80+ DNL
100 •' shoreline security standoff
Explosive _ _ R ! ! - of our c
storage areas, and an underwater/underground fuel pipeline pat]
c. The proposed • r• impacted •
concerns paragraph ♦.) above should be designated •
znchoring buffer zone rather than the proposed managed anchoring
zone. Designating Boca Chica Harbor a managed anchoring zone
would essentially legitimatize mooring and serve to increase
L! • .; density
sperations.
d. The proposed Key West Harbor managed anchoring zone
boundary should be modified to account for the 100 yard standoff
from military shorelines on Trumbo Point Annex and Fleming Key
as well as _ ESQD arcs generated • ordnance st4 •T
areas on • Key. Thesesecurity/safety• on enclosure (2) and are setforth
U��
e. The Seaplane Basin No Anchoring Buffer Zone boundary
should be modified to account for excluding the 100 yard
standoff from military shorelines as required and Navy owned bay
bottom. Additionally, we request you show the military
operational area known as the "Shark Drop Zone" as an area to be
avoided during military operations.
f. Military vessels should be exempt from the restrictionz
of mooring in the no anchor buffering zone adjacent military
property. The proposed code allows for temporary mooring for
other daytime uses like recreation but not for military use.
Overnight mooring should be allowed for military operations.
j. Mooring in marked channels should be prohibited.
I appreciate the opportunity to comment on this issue and
look forward to continued dialog to ensure that any changes to
the county's anchoring and mooring restricted areas are
compatible with NAS Key West operations. This coordination a
input are consistent with the spirit of FS 163.3175, FS 163.31
and FS 380.0052(7) to coordinate compatible land use and "to
protect the value, efficiency, cost effectiveness and major
rcublic investments including Naval Air Station Key West."
My point of contact regarding this issue is Mr. Ron Demes.
He may be reached at (305) 293-2866 for any additional
coordination.
Enclosures: 1. Boca Chica Harbor restrictions
2. Key West Harbor restrictions
3. Key West Mooring Field/Seaplane Basin
Copy to: Monroe County Marine Resource Senior Administrator
Monroe County Growth Management Director
19
u.
INFORMATION
CPO
s ill =XM=
§334.610 Key West Harbor, at U.S.
Naval Base, Key West, Fla.; naval
restricted areas and danger zone.
(a) The areas. (1) All waters within 100
yards of the south shoreline of the
Harry S. Truman Annex, beginning at
a. point on the shore at Latitude
24032'45.3" N., Longitude 81047'51' W.;
thence to a point 100 yards due south of
the south end of Whitehead Street of
Latitude 24132'423' N,, Longitude
01047'51" W.; thence extending westerly,
paralleling the southerly shoreline of
the Harry S. Truman Annex, to Lati-
tude 2413237.6' N., Longitude 01*48'32"
W., thence northerly to the shore at
Latitude 24*32'41" N., Longitude 81'4831'
W. (Area #1).
(2) All waters within 100 yards of the
westerly shoreline of the Harry S. Tru-
man Annex and all waters within a. por-
tion of the Truman Annex Harbor, as
defined by a line beginning on the
shore at Latitude 24133'00" N., Lon-
gitude 81148'41.7" W.; thence to a point
100 yards due west at Latitude 24*33'Or
N., Longitude 81*48'45" W.; thence
northerly, paralleling the westerly
shoreline of the Harry S. Truman
Annex, including a portion of the Tru-
man Annex Harbor entrance, to Lati-
tude 24033'23' N,, Longitude 81648'37' W,;
thence southeasterly to the shore (sea
wall) at Latitude 24*33'19.3' N., Lon-
gitude 81*48'28.7' W. (Area #2).
(3) All waters within 100 yards of the
U.S. Coast Guard Station and the west-
erly end of Trumbo Point Annex begin-
ning at the shore at Latitude 24033'47.6'
N., Longitude 81*47'55.6' W.; thence
westerly to Latitude 24*33'48" N., Lon-
gitude 81*48'00.9" W.; thence due south
to Latitude 24033'45.8" N., Longitude
81*48'00.9' W.; thence westerly to Lati-
tude 24133'47' N., Longitude 81*48'12" W.;
thence northerly to Latitude 24*34'06.2'
N., Longitude 81*4T10" W., thence eas-
terly to a point joining the restricted
area around Fleming Key at Latitude
24*34'03.3' N., Longitude 81*47'55" W.
(Area #3).
(4) Beginning at the last point des-
ignated in area 3 at Latitude 24'34'03.3'
N,, Longitude 8104755" W.; proceed
northwesterly, maintaining a distance
of 100 yards from the shoreline of Flem-
ing Key, except for a Clearance of ap-
proximately 400 Yards across the
mouth of Fleming Cove near the south-
westerly end of Fleming Key, continue
around Fleming Key to a point easterly
of the southeast corner of Fleming Key
at Latitude 24*34'00.8' N., Longitude
81147'37.5" W.; thence easterly to Lati-
tude 24*33'57.6" N., Longitude 01*47'20"
W.; thence southerly to a point on the
shore at Latitude 24133'54.7" N., Lon-
gitude 01047'20.9' W. (Area #4),
(5) All waters contiguous to the
southwesterly shoreline of Boca Chica
Key beginning at a point on the south-
west shoreline at Latitude 2413324' N_
Longitude 81*42'30" W.; proceed due
south 100 yards to Latitude 24*33'20.4'
N., Longitude 81*42'30" W.; thence,
maintaining a distance of 100 yards
from the shoreline, proceed westerly
and northerly to Latitude 24034'03" N.,
Longitude 81042'47' W.,' thence due
north to a point at the easterly end of
the U.S. Highway 1 (Boca Chica Chan-
nel) bridge at Latitude 24*3439' N.,
Longitude 81'4247' W. (Area #5).
(6) Danger zone. All waters within an
area along the northeast side of the
Naval Air Station on Boca Chica Key
defined by a line beginning at Latitude
24*35'27.2' N., Longitude 81141'48.6' W.;
thence proceed in a northerly direction
to a point at Latitude 24*35,48" N,, Lon-
gitude 01*41'49" W.; thence proceed
westerly to a point on the shore at
Latitude 24135'49.1" N., Longitude
81142'03" W. (Area #6).
(b) The Regulations: (1) Entering or
crossing Restricted Areas #1 and #4 and
the Danger Zone (Area #6) described in
paragraph (a) of this section, by any
person or vessel, is prohibited.
(2) Privately owned vessels, properly
registered and bearing identification in
accordance with Federal and/or State
laws and regulations may transit the
following portions of restricted areas
#2. #3 and #5. NOTE: All vessels enter-
ing the are at night must display
lights as required by Federal laws and
Coast Guard regulations or, if no con-
stant lights are required, then the ves-
sel must display a bright white light
showing all around the horizon,
(i) The channel, approximately 75
yards in width, extending from the
northwest corner of Pier D-3 of
Trumbo Point Annex, eastward be-
neath the Fleming Key bridge and
along the north shore of Trumbo Point
Annex (area #3).
M
(it) A channel of 150 feet in width
which extends easterly from the main
ship channel into Key West Bight, the
northerly edge of which channel passes
25 feet south of the Trumbo Point
Annex piers on the north side of the
Bight. While the legitimate access of
privately owned vessels to facilities of
Key West Bight is unimpeded, it is pro-
hibited to moor, anchor, or fish within
50 feet of any U.S. Government -owned
pier or craft (area #3).
(III) The dredged portion of Boca
Chica channel from its seaward end to
a point due south of the east end of the
Boca Chica Bridge (area 5).
(iv) All of the portion of Restricted
Area No. 2 that lies between the Tru-
man Annex Mole and the Key West
Harbor Range Channel. The transit
zone extends to the northeasterly cor-
ner of the Truman Annex Mole, thence
to the northwesterly end of the break-
water at Latitude 24,33°21.3" N, Lon-
gitude 81®48'32.7" W.
(3) Stopping or landing by any person
and/or any vessel, other than Govern-
ment -owned vessels and specifically
authorized private craft in any of the
restricted areas or danger zone de-
scribed in paragraph (a) of this section
is prohibited.
(4) Vessels using the restricted chan-
nel areas described in paragraph (b)(2)
(i), (ii), (III), and (iv) of this section
shall proceed at speeds commensurate
with minimum wake.
(c) The regulations in this section
shall be enforced by the Commanding
Officer, Naval Air Station, Key West,
Florida, and such agencies as he/she
may designate.
(54 FR 7033, Feb. 16, 1989, as amended at 59
FR 48802. Sept. 23, 1 ; 62 FR 17654, Apr, 10,
19971
5 334.620 Straits of Florida and Florida
Bay in vicinity of Key West, Fla.;
operational training a, aerial
gunnery range, and bombing and
strafing target areas, Naval Air Sta-
tion, Key West, Fla.
(a) The danger zones ---(I) Operational
training area. Waters of the Straits of
Florida and Gulf of Mexico southwest,
west and northwest of Key West bound-
ed as follows: Beginning at latitude
25°45°00", longitude 82107°00"; thence
southeast to latitude 24049'00", lon-
gitude 81®55°00"; thence southwest to
latitude 24137' , longitude 82000°30";
thence westerly to latitude 24®37'30",
longitude 820; thence southerly to
latitude 2V28'30", longitude 82,06'00";
thence southerly to latitude 24 '00",
longitude 821; thence easterly to
latitude 24025° , longitude 81°57'00";
thence southwesterly to latitude
23030' , longitude 82°19'00"; thence
westerly to latitude 23030` , longitude
82046°00"; thence northwesterly to lati-
tude 2315 ", longitude 83011° ; thence
northerly to latitude 2C25'00", lon-
gitude 83011° ; thence easterly to lati-
tude 24125'00", longitude 83108° ; thence
clockwise along the are of a circle with
a radius of 92 miles centered at latitude
24®35°00", longitude 81141'15" to latitude
25145'05", longitude 82023`30"; thence east
to point of beginning.
(2) Bombing and strafing target areas.
(i) A circular area immediately west of
Marquesas Keys with a radius of two
nautical miles having its center at
latitude 24033.4° and longitude 82110.T,
not to include land area and area with-
in Marquesas Keys. The target located
within this area, a grounded LSIL will
be used for bombing and aircraft racket
exercises.
(it) A circular area located directly
west of Marquesas Keys with a radius
of three statute miles having its center
at latitude 24135.6' and longitude
821110, not to include land area within
Marquesas Keys. The targets located
within this area, pile -mounted plat-
forms, will be used as high altitude
horizontal bombing range utilizing live
ordnance up to and including 1,800
pounds of high explosives. In general,
these explosives will be of an air -burst
type, above 1,500 feet.
(III) A circular area located west of
Marquesas Keys with a radius of two
nautical miles having its center at
latitude 24®34'30" and longitude 82114° .
(b) The regulations. (1) In advance of
scheduled air or surface operations
which, in the opinion of the enforcing
agency, may be dangerous to
watercraft, appropriate warnings will
be issued to navigation interests
through official government and civil-
ian channels or in such other manner
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