Resolution 448-1987
RESOLUTION NO.
448-1987
A RESOLUTION OF THE MONROE COUNTY COMMISSION
ADDRESSING THE SUBJECT OF AN APPLICATION TO
THE UNITED STATES CORPS OF ENGINEERS
WHEREAS, Monroe County depends upon its navigable waters for
recreational use as well as commercial fishing; and
WHEREAS, Monroe County's top two industries, tourism and
commercial fishing, are directly related to the navigable waters
surrounding the Florida Keys, and
WHEREAS, there has been neither a federal or a state law
which would allow the type of enforcement activity now being
threatened against Monroe County citizens with regard to tradi-
tional activities now being called, "prop dredging", and
WHEREAS, it is the intent of the Monroe County Commission to
comply with reasonable requests by federal and state administra-
tive personnel with regard to their duties or at least their
duties as they perceive them, and
WHEREAS, a controversy has arisen regarding traditional
maritime navigation in an area known as Niles Channel, Lower
Florida Keys, Monroe County, and
WHEREAS, a request has been made by the District Engineer of
the Jacksonville District of the Corps of Engineers to apply for
a Corps of Engineers Permit in the vicinity of the Niles channel
Bridge, Lower Florida Keys, Monroe County, Florida, and
WHEREAS, the application for the Corps of Engineers Permit
requested by the District Engineer is being submitted to comply
with the Corps' wishes; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
Section 1.
That application is hereby made regarding
markers in Niles Channel expressly with the definite reservation
that in making such an application, Monroe County does not admit
that such an application is needed, nor is it the intent of
Monroe County in making this application to allow the United
States Army Corps of Engineers (or any other agency) to use this
application to further assert federal or state regulatory author-
ity over the navigation of public vessels over the navigable
waters within Monroe County.
Section 2.
That Monroe County does not admit that the
Corps of Engineers Permit applied for contemporaneously with this
Resolution is necessary or required by any existing legislation,
either state or federal.
Section 3.
That this Resolution shall be signed by the
Mayor of Monroe County and transmitted with the Application for
the Corps of Engineers Permit to which it applies.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the '7'1:4 day of -AI.. ~""" ~... . A.D.. 1987.
BOARD OF COL~TY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By ~or / airman
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(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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APPR94/ED AS TO FORM /)
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