12/8/2012
Credit: Katie Purcell - FWC
FWC approves ordinance for anchoring/mooring pilot program in Martin County
Meeting Wednesday in Apalachicola, the Florida Fish and Wildlife Conservation
Commission (FWC) approved, with contingencies, the city of Stuart/Martin County's
proposed ordinance for the anchoring and mooring pilot program coordinated by the
FWC.
The ordinance is in response to the Florida statute allowing a specific number of
local governments to adopt regulations on anchoring and mooring vessels in their
jurisdiction. This pilot program provides an opportunity for the FWC and the Florida
Legislature to evaluate the subject more fully.
"The goal of the anchoring and mooring pilot program is to explore potential options
for regulating the anchoring or mooring of non-live-aboard vessels outside the
boundaries of public mooring fields," said Maj. Jack Daugherty, leader of the FWC's
Boating and Waterways Section. "The FWC's role is to provide consultation and
technical assistance on the issues."
Local governments for the five communities participating in the pilot program are
responsible for soliciting public input and adopting local ordinances within their
jurisdictions. These ordinances must be approved by the FWC and will continue to be
evaluated by the FWC and the Legislature. FWC staff members have been attending the
sites' public-input meetings to provide information on the pilot program. Two
meetings were held in Martin County on the topic.
Rather than writing an ordinance that was countywide, city of Stuart/Martin County
participants established four areas in the county in which the ordinance would be
effective. They selected one in the Indian River, two in the St. Lucie River, and
one in the area referred to as Manatee Pocket in Stuart.
In the St. Lucie and Indian River locations, the ordinance prohibits anchoring and
mooring within 300 feet of the mooring field and other maritime infrastructure. In
the Manatee Pocket location, the prohibition applies to the whole area except within
provided anchoring areas.
"There is a 'safe harbor' exception in all areas for vessels anchored temporarily
due to severe weather or mechanical issues," Daugherty said.
For vessels that have been anchored in any of the areas for 10 consecutive days, the
ordinance requires vessel operators to document that they can successfully navigate
under their own power by visiting designated locations. After that first
documentation of operability, they must also demonstrate compliance every six
months.
"This will ensure that boats can operate safely and will also deter abandoned or
derelict vessels," Daugherty said. "This protects the marine environment and keeps
waterways safe for all to use."
A final part of the ordinance is a requirement to demonstrate compliance with marine
sanitation laws by providing proof that marine sanitation devices have been pumped
out within the 10 previous days.
Commissioners discussed the ordinance, asked questions and heard public comment,
ultimately approving it with a few contingencies, including reducing the buffer
distances in the St. Lucie River areas to 150 feet while still restricting anchoring
between the Stuart mooring field and eastern shoreline. Commissioners also required
the removal of the Indian River location until the associated mooring field is
constructed.
With this approval, the county can adopt the ordinance to make it effective. All
ordinances adopted under the pilot program expire on July 1, 2014, unless re-enacted
by the Legislature.
The ordinances for St. Augustine, St. Petersburg, Sarasota and Monroe County have
already been approved.