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Item K2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Aril 18, 2012 Division: Growth Management Bulk Item: Yes _ No X Department: Planning&Env. Resources Staff Contact Person: Richard Jones/289-2805 AGENDA ITEM WORDING: Discussion and 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 and Key West Harbor within which requirement of a USCG Auxiliary Vessel Safety Check (VSC) inspection and proof of vessel sewage pumpout are to be implemented, and 2) create no-anchoring buffer zones adjacent to the public mooring fields in Key West and Marathon (pending Cities of Key West and Marathon approval). 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. See attached matrix with various alternatives discussed by BOCC. County staff has coordinated with staff of the Cities of Marathon and Key West to ensure that the attached draft ordinance is consistent with the regulations and desires of the Cities. The no-anchoring zone described for the Key West mooring field mirrors the zone previously established by Key West Ord. No. 00-32. City of Marathon officials have requested to have both a small no anchoring zone and a larger managed anchoring zone(which mirrors the managed area established by City Resolution No.2012-21). 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. 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 W. 4 5 6 m 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 1 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 has indicated that the 100 anchoring ordinance should not be over-reaching and not overburden transient boaters; 101 and 102 103 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to 104 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds 105 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds 106 through marine fuel taxes, to properly pumpout and comply with existing sewage 107 discharge regulations within the federal No Discharge Zone in the Keys, by providing 108 free pumpout service to vessels located in managed anchoring zones; and 109 110 WHEREAS, Monroe County staff is negotiating a contract with the National Marine III Waste Foundation to provide free pumpout service to vessels anchored in unincorporated 112 areas of the Florida Keys and to provide for a registration process, with accompanying 113 participation stickers or tags to be displayed on vessels indicating proof of regular 114 pumpouts; and 115 116 WHEREAS, because the anchoring ordinance is a test program the Monroe County 117 Board of County Commissioners desires that vessel owners be provided warnings by 118 enforcement officers prior to the issuance of citations, to allow every opportunity for the 119 vessel owner to comply with the described regulations; and 120 121 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard 122 and non-liveaboard vessels; and 123 124 WHEREAS, the regulations established in the anchoring ordinance are consistent with 125 the municipal codes of the City of Marathon and the City of Key West; and 126 127 WHEREAS, the Monroe County Board of County Commissioners will transmit the 128 approved anchoring ordinance to FWC for consideration and approval prior to adoption 129 of the ordinance by the Board of County Commissioners; 130 131 132 133 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 134 OF COUNTY COMMISSIONERS: 135 136 Section 1. Chapter 26 of the Monroe County Code is amended as follows: 137 3 138 Chapter 26 139 WATERWAYS 140 141 ARTICLE V 142 ANCHORING AND MOORING RESTRICTED AREAS 143 144 Sec. 26-100. Purpose. It is the purpose of this section of this Code to provide for 145 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring 146 associated environmental and navigational impacts exist. These areas and restrictions are 147 created in accordance with F.S. § 327.4105, and by pproval of the Florida Fish and 148 Wildlife Conservation Commission which has been directed by the Florida State 149 Legislature to establish a Pilot Program to explore potential options for regulating the 150 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public 151 mooring fields. These restrictions are deemed to be necessary to protect the public 152 health, safety and welfare. These restrictions also include the regulation of liveaboard 153 vessels and floating structures, as provided for in F.S. § 327.60(3). 154 155 Sec. 26-101. Definitions. 156 157 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel 158 sewage legally pumped out Acceptable forms of proof include a pumpout registration 159 sticker or tag issued by the City of Key West, City of Marathon or Monroe County 160 pumpout programs indicating that the vessel receives routine pumpouts or a pumpout 161 receipt from an authorized pumpout facility or pumpout vessel within the past ten (10) 162 days. 163 164 Stored vessel, in reference to a vessel anchored or moored (not docked) on the water, 165 means a vessel that is out of the act of navigation, and not being used for living aboard 166 Once occupied, or used for navigation a vessel is no longer considered stored. 167 168 Sec. 26-102. Anchoring and Mooring Restricted Areas. 169 170 (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the 171 purpose of protecting the marine environment, enhancing navigational safety and 172 deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring 173 Zones are created as a tool to regulate anchoring activity in currently unmanaged 174 anchorages. 175 176 (1) Managed Anchoring Zones shall be established in the following described 177 geographic areas. Maps delineating the Managed Anchoring Zones are 178 attached hereto as Attachment A, and are incorporated herein by reference and 179 will be made available in the Marine Resources Office. 180 181 a. Boca Chica harbor: To include the body of water occurring between 182 Stock Island and Boca Chica Key, east of the Stock Island shoreline south 183 of U.S. Highway 1, west of Boca Chica Channel, and north of latitude 24' 184 33.45' N(approximately at the location of Boca Chica Channel marker 7� 4 185 b. Sunset Cove: To include the body of water in Buttonwood Sound 186 occurring southeast of the Intracoastal waterway and bounded by the Key 187 Largo shoreline. 188 c. Key West Harbor: To include the body of water occurring west of 189 Fleming Key and Key West, south of a line running east-west at latitude 190 24 ° 35.19' N, east of a line from running form the northwest tip of 191 Frankfort Bank to the north side of Tank Island (Sunset Key) and north of 192 a line running east-west at latitude 24'33.84' N. 193 d. Cow Key Channel: To include the body of water occurring between Kev 194 West and Stock Island, south of U.S. Hi way 1, and north of a line 195 running east-west at latitude 24' 33.44' N (approximately at the location 196 of Cow Key Channel marker 5). 197 e. boot K, y.I�larb r: To include the area of Boob K y 1I.anb a ex ludiin� ft 198 per uit�ed. au bli n ofing lield.W leas �l anch.orin� e , an o-Anchon°in. 199 Bu f er done) occnur iqg south. of the Vaca Key slm.orelip..e east of Boot Key 200 Harbor i uchannel .entrance. a rll er 9 located � �a�su�ta�r�...��,� 1, ' N 201 n 0 06 8-' north. o f the .Boot 11 . y sluoreli.ne and west. f the far eastern 202 d of Boot Key 1 bou 1...Po�ition. 24'� . ' ...u° 10 0 ' 203 i.n c.l.g.ding the entirety of Sisters Creek southo .marlke,r _at the entrance f 204 Sisters r ld lugth area g;tr ,,Sisters Creekat e1 m 205 4 [g nn:6.n. ,,.east to the shoreline of,,,, �aca Key t nositi.on. 41.43" 810 206 C14. ; ' and ru nr�t ng n u alon. the shorelin. of V ,ca e ant. 207 gontLinuin&to the west alo , the s1 orelimne ii„ot S brero Beach. 208 209 (2) The following regulations shall apply within Managed Anchoring Zones: 210 211 a. USCG Auxiliary Vessel Safety Check (VSC) required. Vessels must 212 display a current-year VSC decal. Vessels anchoring in a Managed 213 Anchoring Zone have thirty (30) days to have a free USCG Auxiliary_ 214 inspection performed and display a VSC decal. 215 b. Proof of pumpout required. Vessels anchored or moored for more than 216 thirty consecutive (30)dUs, and which are required to have a marine 217 sanitation device in accordance with F.S. § 327.53 must provide proof of 218 pumpout. Vessel owners may utilize a pumpout service which may be 219 provided by the City of Key West, C:nty of Marathon Monroe County 220 pumpout programs, or other authorized vessel pumpout facility or vendor. 221 The municipal and County pumpout services are structured to provide 222 ongoing pumpouts for vessels located within managed anchoring zones 223 and may provide a registration process by which vessel owners sign up for 224 regular pumpouts at a frequency based on anticipated need with a 225 minimum of one pumpout per month. A monthly, color coded 226 registration sticker or tag may be provided which vessel owners may 227 display on their vessel, indicating_participation in the municipal or County 228 pumpout program and which will be considered proof of pumpout The 229 municipal and/or County pumpout programs shall maintain registration 230 documentation and pumpout logs throughout the duration of the Pilot 231 Program (ending July 1, 2014), which shall be available for review by any 5 232 law enforcement officer. If a vessel utilizes an authorized vessel pumpout 233 provider the vessel owner is required to maintain documentation and 234 pumpout logs to demonstrate use of pumpout to FWC, MCSO or other law 235 enforcement officers. 236 237 (b) No-Anchoring Buffer Zones. No-Anchoring Buffer Zones are developed to 238 further the objectives of the Cities of Marathon and Key West, both of which 239 operate public mooring fields. No-Anchoring Buffer Zones are established 240 outside of, and immediately adjacent to, permitted public mooring fields for the 241 purpose of protecting maritime infrastructure, enhancing navigational safety 242 promoting_public access and the use of public mooringfields. ields. 243 244 (1) No-Anchoring Buffer Zones shall be established in the following described 245 geographic areas. Maps delineating the No Anchoring Zones are attached 246 hereto as Attachment B, and are incorporated herein by reference and will be 247 made available in the Marine Resources Office. 248 249 a. B op 1 e. I.A. r : Tou,include a one-hundred foo i ro d are, 250 JMIR i � t.Q and is e o,f ,t u ,1 rrrepe r...�6 the east n s 251 >r� ollin gads iL the leased ncri(min ;re .. ............_____ . . ,. e the ..a:Ie,,I of � ��r!i��.ua�,wwu a ,l���. ����au��ti�n ����.....�!ie 252 uu., u�u uu Basin'. w wA . �u....... 253 SeapVgne; Bgiski wu: ��.�f' � µul� ��� � a¢�°� �� uu�..._�If:u�; Florida��p�wu�`��:��� Ilr �u���uu~"� . P... err 254 �;�r „um�uwuur��°uu���V �u����� �w��muu I'"wr�w�u�r�� u�uck�u� �u� 255 uruoprin fiek] and Ke West.OrdiTiar'ce ;IlNhw.u`O `� w (:) .CHnw ouu ; 111ol-01 of Olen 256 �,r ':�t....;!im lluuuw , c°ast ofthe F eu.y"dng 1 w�hrii, H!jp, �pqIhjj tIre Sluu.d�tw�. 257 �.w.op, 7 pp deepcifl-jre aurw,���....its r u, 4p Vy. exrensk_nii ..arid mwest o !i�g l,m-. 258 Park, 259 260 (2)The following regulations shall apply within No-Anchoring Buffer Zones: 261 262 No anchoring or mooring of any kind vessels or floating structures) except 263 for vessels mooring within established permitted public mooring fields by 264 permission of the mooring field owner or manager, vessels within a leased 265 anchoring area associated with a mooring field, commercial vessels (e.g. 266 barges) engaged in marine related work, vessels anchored for the purpose of 267 fishing or other recreational activities (but not overnight) or in the case of an 268 emergency causing the need for a vessel to temporarily anchor. 269 270 Sec. 26-103. Enforcement. Regulations described in this Article may be enforced by law 271 enforcement officers of the City of Marathon, the Cit o� f Key West or Monroe County 272 or FWC or any other law enforcement officer. 273 274 Sec. 26-104. Penalties. Any person cited for a violation of this article shall be charged 275 with a noncriminal infraction. Uniform Boating Citations may be issued for violations of 276 this ordinance pursuant to F.S. & 327.74 by any law enforcement agency authorized to 277 issue such citations. However, a written warning shall be issued prior to issuing a 278 citation for the first offense. Fines associated with citations are established as follows: 279 6 280 (a) I"offense $50 281 (b) 2nd offense$100 282 (c) 3`d or subsequent offenses $250 283 284 Any person who fails to properly respond to a Uniform Boating Citation issued for a 285 violation of this article shall, in addition to the charge relating to the violation of the 286 boating laws of this County, be charged with the offense of failing to respond to such 287 citation and upon conviction be guilty of a misdemeanor of the second degree punishable 288 as provided in Statute 775.082 and 775.083. 289 290 Allowance shall be provided for vessels in need of safe harbor due to severe weather 291 conditions which may otherwise prohibit a vessel from safely departing a managed 292 anchoring zone within the timeframe stipulated, or vessels seeking safe harbor within a 293 no-anchoring buffer zone. 294 B9 Sec. 26-105. Exemptions. The following exemptions are provided: 297 (a) Vessels equipped with incinerating, composting or portable toilets are not 298 required to provide proof of pumpout, as those types of toilets are not designed to 299 be pumped out. However, effluent from those toilets is not allowed to be 300 disposed of in the waters of the No Discharge Zone within the Florida Keys. 301 (b) Stored vessels are not required to provide proof of pumpout. 302 303 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 304 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be 305 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this 306 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, 307 clause, sentence, or provision immediately involved in the controversy in which such 308 judgment or decree shall be rendered. 309 310 Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in 311 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal 312 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive 313 any ordinance which has been repealed thereby. 314 315 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of 316 the Secretary of the State of Florida and shall become effective as provided by law. 317 318 Section 6. Codification. The provisions of this ordinance shall be included and 319 incorporated into the Code of Ordinances of Monroe County, Florida and shall be 320 numbered to conform with the uniform numbering system of the Code. 321 322 Section 7. Expiration Date. The FWC Pilot Program is scheduled to expire on July 323 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or 324 be extended concurrently with the FWC Pilot Program. 325 326 7 327 328 329 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 330 Florida at a regular meeting held on the day of , 2012. 331 332 Mayor 333 Mayor pro tem 334 Commissioner 335 Commissioner 336 Commissioner 337 338 339 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 340 341 Attest: DANNY L. KOLHAGE, CLERK 342 343 By By 344 Deputy Clerk MO E COUNTY ATTORNEY PP OVED AST ORM r g: 8 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: April 2, 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. Background: At the January 19, 2012 BOCC meeting the Board directed staff to include in the draft anchoring ordinance regulations for four `managed anchoring zones' which would: 1- Require vessels to have a USCG Auxiliary Vessel Safety Check (VSC)decal 2- Prohibit floating structures unless associated with a commercial land based operation and permitted by DEP 3- Require vessels to provide proof of having been pumped out Staff prepared a draft ordinance accordingly, and submitted the agenda item for the March, 2012 BOCC meeting. However, prior to the BOCC meeting staff responded to inquiries concerning the need to provide an appeals process for owners of floating structures. Growth Management staff consulted with the County Attorneys Office and determined that an appeals process should be provided for any floating structure prohibition which includes removal and disposal of the floating structure. Further review of state statutes, and communications with FWC indicated that a stand-alone ordinance regulating floating structures (pertaining to removal/disposal) is allowable and would be preferable to including such regulations in the anchoring ordinance. The agenda item was deleted from the March 21, 2012 BOCC agenda to provide staff sufficient time to make appropriate revisions to the draft anchoring ordinance. A separate floating structure ordinance may be brought back to the Board at a later date. The BOCC has also directed staff, in coordination with the Cities of Marathon and Key West, to include in the ordinance `no-anchoring buffer zones' which would be adjacent to the Cities' mooring fields. Regulatory Elements: No-Anchoring Buffer Zones are envisioned as providing a buffer around established mooring fields as a means of protecting that maritime infrastructure. Marathon officials have requested a 100' no-anchoring buffer zone around their mooring field(s) and leased anchoring area. Key West officials have requested a larger no-anchoring buffer zone which mirrors the zone previously established by City of Key West ordinance and described in their management agreement with DEP. Managed Anchoring Zones were initially envisioned for areas not associated with a mooring field or a particular city. However, Marathon officials recently requested a managed anchoring zone outside of their proposed no-anchoring buffer zone to include the greater Boot Key Harbor area. Staff currently recommends the following regulations to be applied within managed anchoring zones. 1- Vessels are required after 30 days in the zone to display a VSC decal 2- Vessels are required after 30 days in the zone to provide proof of pumpout* * Proof of pumpout requires vessel owners anchored more than thirty days within a managed anchoring zone to register with a City or County pumpout provider to prove pumpout on a regular basis via a sticker or tag program, or if the vessel owner uses a private pumpout provider the vessel owner must provide documentation of pumpout every ten days. The 30 day provision recognizes transient vessels that are passing through, and is considered to be a reasonable time frame after which longer-term vessels would need to comply with the regulations. 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 inan a Areas and Accompanying Regulations Sunset Cove Boca Chica Basin Cow Key Channel Key West Harbor Managed USCG Aux.VSC decal USCG Aux.VSC decal USCG Aux.VSC decal USCG Aux.VSC decal Anchoring Proof of pumpout Proof of pumpout Proof of pumpout Proof of pumpout Zones* City of Marathon 100'buffer zone No-Anchoring around mooring field Buffer Zone* and leased anchoring area Managed USCG Aux.VSC decal Anchoring Proof of pumpout Zone* City of Key West Buffer zone includes all No-Anchoring of Garrison Bight- Buffer Zone mirrors City ordinance No.00-32 Staff has received support from the local flotilla of the USCG Auxiliary for the VSC regulation. Staff is currently communicating with the USCG Auxiliary to ensure that the organization, at the national level, is receptive to the inclusion of the VSC decal in the anchoring ordinance. Staff anticipates bringing updated information to the April 18'' meeting for further consideration as necessary. RMOMMEMEMEMEMEMOMMOMMEMEM. 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AN �r ' a �r� � nA r rnu ftt,? trii s /ri 9 r� a �r ^v " IiV,d�, na v Alt d'" ''try � lob Ai IE ON fm ��ir, r ,f/ / r r WAUy`'yV�.II�'��y YAI 4 r � i Ain mPl Aw V y A` M mfo /, / / � i���I�/�i /. � ���i'����/r r ,'+ w4`M - °A n; 'hn �Jr 1,�J��` F�y / �� %%/ �� j✓ I �/%i// �/i iS/��ii11,,,v l , / a / x �, .,, % d/✓��/olio f l / Boot Key Harbor f( -k ��w t P irk ✓�ra u Legend CBry of mareavem Florida �amhwro aw . gegemm B.unBanm6 n.ro wralwe ,w City of Marathon.Florida Official Map Product i Boot Kay Harbor- Pilot Program Boundary 0 625 1.250 2.800 3.760 5,000 6.250 7.500 8.750 10,000 aaaageepFeel Attachment A-p.5 DEPARTMENT OF THE NAVY NAVAL AIR STATION PO BOX 9001 KEY WEST,FL 330449001 11000 Ser NO2/957 30 Apr 12 Monroe County Board of County Commissioners 1100 Simonton Street, Key West, FL 33040 Dear Mayor and Commissioners : Per your request at the April 18th BOCC meeting, I am providing our comments in writing regarding the proposed changes to County Code Chapter Article V: 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 to Boca Chica Harbor and as shown on enclosure (1) , the proposed managed anchoring zone would include Naval Air Station (NAS) Key West bay bottom, Accident Potential Zones (APZ) of our main runway (07/25) , high noise areas ( 65-80+ DNL) , 100 yard shoreline security standoff areas, areas within Explosive Safety Quantity Distance (ESQD) arcs of our ordnance storage areas, and an underwater/underground fuel pipeline path. C. The proposed Boca Chica Harbor area impacted by the concerns in paragraph (b. ) above should be designated a no anchoring 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 boat density in an area incompatible with NAS Key West operations . 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 the ESQD arcs generated from the ordnance storage areas on Fleming Key. These security/safety standoff areas are shown on enclosure (2 ) and are set forth in 33 CFR 334 . 610 . Navy owned bay bottom should also be excluded from the zone. -D 1,5'r- 11000 Ser NO2/ 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 restrictions 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. g. 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 and input are consistent with the spirit of FS 163 . 3175, FS 163 . 3177 and FS 380 . 0052 (7) to coordinate compatible land use and "to protect the value, efficiency, cost effectiveness and major public 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. Sincere4, P. A. FERE Capt gin, U. S . Navy Commanding Officer 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 2 Z. 2 20 co D No E E 2 = (D 76 cm U) m U) UJ cc cc m E U. E uj 11 Z LU LU m 0 z OOP I I I I I EL as C, rt - ,� .r �, '� ,�.i � � ; IFS- / �r���;�`,•;� r i '� _/l • . az eontn ow LL M A " C. x 0 0ca <t c cp fU L °l" ` G'W Q1 S0 Tj co Cl) uyk w- M N d. ua py Q a ed 2 a cu Cl) 668 P„ w .� ycu ou 0 J EL 0 rs r , No C i 0 `^ r l } w �Y fi s if i f m fi Derelict Vessels - Wisteria Island/Frankfort Island/Frankfort gunk Am/ r r / / o /i r / f / / l / l r , f f / / / / / i/ f / J / / / / / / � � r / I / � J / / / rw t „ /O W I Derelict Vessels around Wisteria Island /Frankfort an March 13, 2012 "Derelict Vessels" Total 20 All Vessels 88 - includes transient, fiveaboards, wet storage, derelict vessels and floating platforrns Cost to remove Derelict Vessels statewide in 2008 was $450 per foot, per FWC. *"Derelict Vessel" Means any vessel that is left, stored or abandoned: in a wrecked,junked or substantially dismantled condition upon any public waters of this State within a Managed Anchorage Zone. 03/14/12 Preliminary Draft Language With revisions based on comi-ncnts from FWC Review Chapter 26 WATERWAYS ARTICLE V ANCHORING AND MOORING RESTRICTED AREAS Sec. 26-100. Purpose. It is the purpose of this section of this Code to provide for anchoring and mooring restricted areas where unmanaged anchoring and/or mooring, and associated environmental and navigational impacts exist. These areas and restrictions are created in accordance with F.S. § 327.4105, and by approval of the Florida Fish and Wildlife Conservation Commission which has been directed by the Florida State Legislature to establish a Pilot Program to explore potential options for regulating the anchoring or mooring of non-livenboard vessels outside the marked boundaries of public mooring fields. These restrictions are deemed to be necessary to protect the public health, safety and welfare. Sec. 26-101. Managed Anchoring Zones. 1 1.2111T (a) Managed Anchorage Zones. Managed Anchoring Zones are established for the purpose of protecting the marine environment, enhancing navigational safety, and deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring Zones are created as a tool to manage anchoring activity in unmanaged anchorages. (1) Managed Anchoring Zones shall be established in the following geographic areas (maps delineating the Managed Anchoring Zones will be made available in the Marine Resources Office): a) Boca Chica harbor: To include the body of water occurring between Stock Island and Boca Chica Key, east of the Stock Island shoreline, south of U.S. Highway 1, west of Boca Chica Channel, and north of latitude 24' 33.45' N (approximately at the location of Boca Chica Channel marker 7). b) Sunset Cove: To include the body of water in Buttonwood Sound occurring southeast of the Intracoastal waterway and bounded by the Key Largo shoreline. c) Key West Harbor: To include the body of water occurring west of Fleming Key and Key West, south of a line running east-west at latitude 24 ' 35.19' N, east of a line from running form the northwest tip of Frankfurt an to the north side of Tank Island (Sunset Key), and north of a line running east-west at latitude 24" 33.94' N. d) Cow Key Channel: To include the body of water occurring between Key West and Stock Island, south of U.S. Highway 1, and north of a line running east-west at latitude 24' 33,44' N (approximately at the location of Cow Key Channel marker 5). (2) The following regulations shall apply within Managed Anchoring Zones: a) Prohibition of floating structures as defined in F.S. § 327.02(10), with the exception of those floating structures that are licensed and/or registered, and controlled by and affiliated with a permitted land-based commercial entity, and are permitted by the Florida Department of Environmental Protection and other environmental regulatory agencies as applicable. b) Vessels must display a current-year USCG Auxiliary Vessel Safety Check (VSC) decal. Vessels anchoring in a Managed Anchoring Zone have thirty (30) days to have a free USCG Auxiliary inspection performed and display a VSC decal. c) Vessels anchored or moored for more than thirty (30) days, and which are required to have a marine sanitation device in accordance with F.S. § 327.53, must provide proof of pumpout. Vessel owners may register for regular pumpout service provided by the County or City of Marathon or Key West (City) which will provide a sticker or tag with a unique identifier to be displayed on the vessel indicating participation in the County or City pumpout program, and which will be considered proof of pumpout. The City or County pumpout program registration will include the frequency of pumpouts requested by the vessel owner based on vessel use and occupancy. The City or County pumpout program shall maintain registration documentation and pumpout logs throughout the duration of the Pilot Program, which shall be available for review by any enforcement officer. If any enforcement officer determines that the use or occupancy of a vessel is in excess of that described in the vessel's pumpout registration, the registration may require revision of the frequency of pumpout, or may result in revocation of the registration and removal of the sticker or tag. It is the responsibility of the vessel owner to ensure that he/she provides accurate information in regard to vessel use and occupancy of his/her vessel when registering, or revising the registration, with the City or County pumpout program. d) No derelict vessels shall be anchored or moored within a Managed Anchorage Zone. A "derelict vessel" means any vessel that is left, stored or abandoned: in a wrecked, junked or substantially dismantled condition upon any public waters of this State within a Managed Anchorage Zone within a Managed Anchorage Zone. (b) No-Anchoring Buffer Zones. No-Anchoring Buffer Zones are established outside of, and immediately adjacent to, established public mooring fields for the purpose of protecting maritime infrastructure, enhancing navigational safety and promoting public access and the use of public mooring fields. (1) No-Anchoring Buffer Zones shall be established in the following geographic areas (maps delineating the No-Anchoring Buffer Zones will be available in the Marine Resources Office): a) Boot Key Harbor: To include the area of Boot Key Harbor, excluding the leased anchoring area, occurring south of the Vaca Key shoreline, east of Boot Key Harbor entrance marker 7 located at position 24' 42.13' N 81' 06.84'W , north of the Boot Key- shoreline, and west of the far eastern side of Boot Key Harbor at position 24' 42.54' N 810 04.99' W. b) Seaplane Basin: To include the area of Garrison Bight known as the Seaplane Basin and as described in the Florida Department of Environmental Protection Management Agreement for the Key West mooring field and Key West Ordinance No.00-32, occurring north of the Key West shoreline, east of the Fleming Key shoreline, south of the Shark Drop Zone deep cut line and its westerly extension, and west of Sigsbee Park. (2) The following regulations shall apply within No-Anchoring Buffer Zones: No anchoring or mooring of any kind (vessels or floating structures), except for vessels mooring within established public mooring fields by permission of the mooring field owner or manager, or within a leased anchoring area associated with a mooring field, or commercial vessels (e.g. barges) engaged in marine related work, or in the case of an emergency causing the need for a vessel to temporarily anchor. Sec. 26-102. Implementation of Regulations. Regulations described in Sec. 26-102(a) will be implemented under the following conditions: (a) USCG Auxiliary Vessel Safety Checks and accompanying decals are available within the required 30 day time period. (b) Pumpout services, provided by the County or City, are available. Sec. 26-103. Penalties. Any person cited for a violation of this article shall be deemed charged with a noncriminal infraction. Uniform Boating Citations may be issued for violations of this ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to issue such citations. Fines associated with citations are established as follows: a. I" offense $50 b. 2 d offense $100 c. 3 d or subsequent offenses $250 Any person who fails to properly respond to a Uniform Boating Citation issued for a violation of this article shall, in addition to the charge relating to the violation of the boating laws of this County, be charged with the offense of failing to respond to such citation and upon conviction be guilty of a misdemeanor of the second degree punishable as provided in Statute 775.082 and 775,083. Allowance shall be provided for vessels in need of safe harbor due to severe weather conditions which may otherwise prohibit a vessel from safely departing a managed anchoring zone within the timeframe stipulated, or vessels seeking safe harbor within a no-anchoring buffer zone. Sec. 26-104. Force and Effect for Floating Structures. Floating structures are typically not registered and have no identifying marks necessary to determine ownership. Therefore floating structures in violation of this Article shall have a notice placed upon the property, pursuant to F.S. § 705.103, providing the property owner notice that the property is in violation. If the floating structure remains in a Managed Anchoring Area or No-Anchoring Buffer Zone for more than thirty (30) days from the date of the notice it may be removed and disposed of. Costs incident thereto may be borne by the owner of the floating structure, if ownership can be determined. SY RYCK LYDECKER WHAT ON EARTH SHOULD WE DO WITH DERELICT BOATS? "Life's too short to sail an ugly boat," says a popular bumper sticker But maybe it should i-eud.- "Bouts live long lives, don't let them get ugly Here's vvii-i; NY BOATER WORTH HIS OR HER SALT knows how important it is to keep their vessel,to use a time-honored nautical expression, "ship-shape and Bristol fashion."Unfortunately,on the waterways Management section. "The type of boat of this country,there are too many of the other kind:worn out doesn't matter. it's against the law to leave an), vessel 'in a wrecked, junked or sub- and neglected,stripped and abandoned. Chalk them up as victims stantially dismantled condition in Florida of the down economy,dreams gone sour,or the sad refuse of storms;such boats waters."A derelict vessel could have a lawful may pose a hazard to navigation or even a threat to the environment,and they owner. Moore notes,but it's just been sitting in the water for years, forgotten or ignored certainly create a headache for waterway management authorities. by that owner, and detenorating to the point Although it's likely that abandoned vessels have been with us since earl), man ditched that it fits the legal definition "If the owner the first dugout canoe, orphan boats have been showing up in greater numbers along our can be found, we can say, 'Look, you can't coasts since the economic recession began in 2008 At best, authorities can trace some boats leave that boat on the water If it's a project to legal owners who then can be required to pay for removal from the water and proper dis- OK Get it hauled out. take it to your back- posal. At worst, a boat could have had all identifying marks carefully removed, holes drilled yard or someplace else to work on it 'At that into the bottom, and been left some quiet night to sink off the owner's problem list, only point, if they haul it out, were done ' to surface eventually on the public's. That's why, in September 2009, the Marine Debns In the past, Moore says. the states Program office of the National Oceanic and Atmospheric Administration (NOAA) coordi- focus had been on the removal and disposal naLed the first national work-shop to bring the topic of abandoned and derelict vessels, shall of derelicts, at the owner's expense if possi- we say, to the surface. Sixteen States sent representatives of manne law enforcement, coastal ble, or using available state or federal funds, management, and pollution control agencies to Miami to compare notes on how best to if no owner could be found handle the problem they all shared in varying degrees As might be expected, the top concern In 2008. the Florida Legislature proved to be money, how could states underwrite the costs of dealing with what quick]y appropriated $1.55 million for became tagged the "ADW — for abandoned and derelict vessel -- problem? Dealing with derelict removal in six months, abandoned private recreational boats usually is beyond the pur-,,ie", of federal agencies, so FAVC removed 83 vessels (at an unless a derelict boat is obstructing navigation or leaking hazardous materials,state and local average cost of S450 per foot) authorities generally have to foot the bill when an owner can't or won't take responsibility including rwo I 00-foot barges, a go-foot steel casino boat, and a 65-foot shrimp trawler sunk in A number of states have abandoned- DEALING WITH THE DERELICTS - With one million registered boats, and 20 feet of water vessel removal programs and funding sourc es ranges from a $3 add-on to boat registra- thousands more visiting every year, the The state budget is tight eons in Washington state, to a portion of Sunshine State is "plagued' with abandoned these days but Florida still must the 5-percent tax on boat sales in Maryland, vessels, according to the Florida Fish and deal with its derelicts, grounded to a share of state lease fees from gambling Wildlife Conservation Commission (F-W0 on shoals, lying under water, casinos in Mississippi But the real Solution As of late June 2011, the agency estimated blown into the mangroves, and is to convince Owners to keep their boats the number at 1,500,but by no means all of even sunk in their slips,nonetheless "We've them recreational vessels changed our attitude toward dealing with from getting to the "derelict" Stage of life, and since the workshop, the state of Florida "Barges, shrimp trawlers, head boats, derelicts in the past five years,' Moore says sailboats, outboard skiffs, you name it and "Our goal now is to prevent boats from get- appears to be the flagship on the prevention we,ve got it," says Capt Ric Moore. ring in that condition in the first place and front. who manages the agency's Waterway we've identified a way to do that, using edu- cation and local law enforcement." 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