6082208, 68DER08-01 - Florida Administrative Rules, Law, Code, Register

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Notice: 6082208

Notice of Emergency Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Vessel Registration and Boating Safety

Overview

RULE:

68DER08-01

Emergency Closure to Vessels – St. Johns River and Tributaries

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Recent rains from Tropical Storm Fay have caused severe flooding along various portions of the St. Johns River. The river has overflowed its banks in many places and expanded into the flood plain. This flooded condition has created an immediate danger to vessels transiting the area. Objects previously well above the water and objects previously on dry land have become wholly or partially submerged, creating hazards to navigation. These objects include without limitation, dwellings, electrical and telephone wires, utility poles, trees and stumps, docks and wharfs, boat houses, and sheds. The turbulent and muddy water has caused boats to allide dangerously upon submerged objects without warning. The flood now submerges the accustomed footpaths and handholds. Within these submerged areas, vessel wakes could cause persons to slip and fall, perhaps into the river. Under these circumstances, there is a substantial likelihood of injury or death. Vessel operation at speeds greater than Idle Speed No Wake in the vicinity of Lake Monroe and the St. Johns River north and west of Lake Monroe presents an immediate danger to vessels and their occupants and to persons in or near the river. Operation of vessels at any speed on the waters of the St. Johns River, its associated lakes, and its tributaries south and east of Lake Monroe presents an immediate danger to vessels and their occupants and to persons in or near the river.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

There is general concurrence from Volusia, Seminole, Brevard, and Orange Counties, the Florida Inland Navigation District, the Florida Fish & Wildlife Conservation Commission’s field office in Ocala, and the FWC Boating and Waterways Section, that enactment of an Idle Speed No Wake boating restricted area in Lake Monroe and the waters north and west of the lake, and the enactment of a vessel exclusion boating restricted area closing the river and its tributaries to all vessel traffic within the St. Johns River, its associated lakes, and its tributaries south and east of Lake Monroe is essential for the protection of public safety.
This emergency rulemaking is being coordinated with the United States Coast Guard, the United States Army Corps of Engineers, and the sheriffs of the affected counties. Each sheriff has consulted and coordinated this action with the Board of County Commissioners of their respective counties. The emergency rule will be forwarded to the United States Coast Guard Seventh District for publication in their weekly Local Notice to Mariners. The boating public will be notified by publication in the local notice, by marine VHF radio broadcast of the Coast Guard’s local notice, by personal contact from law enforcement officers, and by regulatory markers posted at boat ramps and other access points to the boating restricted areas.
Because the water levels on the St. Johns River are in constant flux, varying in response to wind directions, wind speed, and accumulated rainfall, the danger to life and property is such that normal rulemaking procedures would not adequately protect the public from the anticipated harm. The procedures used in this emergency rulemaking action are therefore fair under the circumstances.

SUMMARY:

This action establishes: 1) An Idle Speed No Wake boating restricted area on the waters of Lake Monroe and on the St. Johns River from Lake Monroe to a line 6,000 feet north and west of the Interstate 4 bridge over the St. Johns River; a Vessel Exclusion area within which the operation of all vessels is prohibited on all waters within the St. Johns River, its associated lakes, and its tributaries south and east of Lake Monroe. Persons resident at riparian property within the Vessel Exclusion boating restricted area will be allowed access to their properties at Idle Speed No Wake, but will be required to carry proof of residency.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Major Paul Ouellette, Boating and Waterways Section, Division of Law Enforcement, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

PRINT PUBLISH DATE:

9/5/2008 Vol. 34/36

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=68DER08-01&PDate=9/5/2008&Section=4

REFERENCE MATERIALS:

No reference(s).

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