4463957, 68D-24.109 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4463957

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Vessel Registration and Boating Safety

Chapter:

BOATING RESTRICTED AREAS

Overview

RULE:

68D-24.109

Withlacoochee River Boating Restricted Areas

PURPOSE:

Annual spring rains routinely cause the Withlacoochee River to rise. This condition creates a danger to vessels transiting the area. Objects previously well above the water and objects previously on dry land become wholly or partially submerged and create hazards to navigation. These objects include without limitation: Waterway markers, bollards and piles, docks and wharves, electrical and telephone wires, utility poles, trees and stumps, fences, dwellings, boat houses, and sheds. The turbulent and muddy waters cause boats to allide dangerously upon submerged objects without warning. Restricting operation to steerageway speed will mitigate the dangers and damages associated with such allisions. Limiting vessel operation to speeds no greater than Idle Speed No Wake is necessary to allow vessels additional opportunity to assess the situation and to avoid dangers.
Vessel operation at speeds greater than IDLE SPEED NO WAKE also endangers persons in or near the river. Floodwaters submerge accustomed footpaths and handholds. These submerged areas could cause persons to slip and fall, perhaps into the river. Under these circumstances, there is a substantial likelihood of injury or death.
There is general concurrence from Citrus, Hernando, Marion and Sumter Counties, the Florida Fish and Wildlife Conservation Commission in Lake City and Ocala, Florida, the Boating and Waterways Section, the United States Coast Guard, and the United States Army Corps of Engineers to proceed with this rulemaking.

SUMMARY:

This amendment will expand the existing Idle Speed No Wake zone along the Withlacoochee River at Camp Izzard Boat Ramp, Sherwood Forest, Turner Camp, the Citrus/Hernando County line, Silver Lake and the CSX railway trestle. This amendment will also provide for using a newly established monitoring device which will greatly enhance the turnaround associated with flooding conditions on the river.

RULEMAKING AUTHORITY:

327.04, 327.46 FS.

LAW:

327.46 FS.

PRINT PUBLISH DATE:

8/10/2007 Vol. 33/32

COMMENTS:

From 8/10/2007 To 8/31/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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