4132799, 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: 4132799

Notice of Development of Rulemaking

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:

The Withlacoochee River experiences flooding during the spring and summer months of each year and during sever weather events throughout the year. The flooding poses a real and immediate hazard to boaters on and about the Withlacoochee River, as it is typically a narrow waterway with numerous rock outcroppings and much overhanging vegetation. Because this river forms the county line between Citrus, Hernando, Marion and Sumter counties, enactment and enforcement of local ordinances is not feasible.
During flooding, 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.
During periods of the highest flooding, closing of portions of this waterway to vessel traffic is necessary for the prevention of deaths, injuries, and damage to vessels. During periods of significant flooding but at less than the highest flood levels, restricting vessel operation to steerageway speed will mitigate the dangers and damages caused by the river conditions during flooding. 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.
This rulemaking action will be developed in consultation and coordination with the governing body of any county or municipality in which the restricted areas will be located and with the United States Coast Guard and the United States Army Corps of Engineers.

SUBJECT:

Vessel Exclusion zones and Idle Speed No Wake zones on specified areas of the Withlacoochee River as it traverses Citrus, Hernando, Marion, and Sumter Counties.

RULEMAKING AUTHORITY:

327.04, 327.46 FS.

LAW:

327.46 FS.

PRINT PUBLISH DATE:

5/18/2007 Vol. 33/20

RELATED STATUTES
AND LAWS:

327.04, 327.46 FS., 327.46 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=68D-24.109&PDate=5/18/2007&Section=1

REFERENCE MATERIALS:

No reference(s).

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