1. (1) General Guidelines and Application Procedures: This rule sets forth criteria pertaining to the regulation of the speed and operation of vessel traffic and other activities which are otherwise prohibited by Chapter 68C-22, F.A.C. Permits for such regulated activities shall be issued only as provided hereunder. Permits shall be issued only upon a finding by the Commission that activities as described in this section will not pose a serious threat to manatees, and that such activities are justified. Determinations of justification of need will be made based on the criteria given under each specific subsection.

   1. (a) In considering applications for permits under this section, a “serious threat to manatees” exists if, due to the nature, location, or frequency of the activity proposed, its conduct can be reasonably expected to result in either (1) injury or death to manatees, (2) a significant disruption of the manatee’s normal use, behavior or migratory patterns, or (3) disturbance which would lead to or cause destruction of essential manatee habitat. In making its determination, the Commission’s examination will include an evaluation of the following factors:

      1. Patterns of manatee use of the area, both seasonal and year-round,

      2. The number of manatees known or assumed to occur in or seasonally use the area,

      3. The manatee mortality trends within the area,

      4. The existence of features within the area which are essential to the survival of, or are known to attract, manatees, such as seagrasses or other food sources, favorable water depths, and fresh or warm water sources,

      5. The cumulative effect of the requested activities in light of other permits previously granted or currently being considered by the Commission and known vessel traffic patterns and densities in the area; and,

      6. The characteristics of the waterway and of the vessel(s)/motor(s) which would be operated by the applicant.

   2. (b) Applications for permits to conduct activities described in this section should be submitted as far in advance of the requested activities as possible and must be submitted to the Chief of the Office of Environmental Services, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399. Information which must be submitted is described in each specific subsection. If an application does not contain sufficient information to enable the Office to evaluate the request, the Office shall request any needed information within thirty (30) days of receipt of the request. The Office shall respond by letter (issuing a permit or denying the request) as quickly as is practical and must respond within ninety (90) days of receipt of all necessary information.
   3. (c) When issuing a permit, the Commission may place conditions on the permit as necessary to protect manatees. Examples of types of conditions which may be specified include seasonal constraints, use of screens or barriers, restrictions on types of permitted activities, restrictions relative to time of day, day of week, or weather conditions when permits are in effect, use of specialized equipment (e.g., propeller guards or jet drives, speedometers) when feasible and such use would not defeat the purpose of the requested activity, additional water quality precautions, sea grass protection or protection of associated marine life or vegetation, temporary marking or permit display, limitations on intensity of activity, pre-activity monitoring, use of manatee observers, and after-activity reports. The specific conditions, if any, that are placed on a permit will be dependent on the specifics of the request. Acceptance of the permit shall constitute evidence that the recipient agrees to comply with the conditions set forth in the permit.
   4. (d) The Commission retains the right to modify or rescind a permit should information become available indicating that the permitted activity is likely to create a serious threat to manatees or that the permit (in its current form) is not needed by the recipient. Before a permit is modified or rescinded, the permit holder shall be given an opportunity to discuss with the Commission the reasons for the modification or rescission. Unless an immediate threat to manatees is likely, the Commission shall wait at least thirty (30) days after notifying the permit holder before taking action on the permit. If a single manatee is struck or killed by a vessel operating pursuant to a permit under these provisions, the permit shall be immediately re-evaluated by the Commission to determine if the permit needs to be modified or rescinded.
   5. (e) Receipt of a permit does not release a holder from the duty to comply with all federal, state, and local regulations (other than Chapter 68C-22, F.A.C.) governing the operation of vessels on navigable waterways or pertaining to protection of the West Indian (Florida) manatee. Permit issuance does not constitute authorization for the recipient to kill, injure, or harass a manatee while operating under a permit.
   6. (f) Failure to comply with the permit or associated conditions, or any finding of fraudulent use or application for said permit, shall be cause for the immediate revocation of the permit.

   Permits shall not be granted for activities within “Motorboats Prohibited” or “No Entry” zones, except as explicitly provided for in this section.

2. (2) Law Enforcement: Any authorized law enforcement officer may engage in any activity otherwise prohibited by Chapter 68C-22, F.A.C., if:

   1. (a) The officer is acting in the performance of his or her official duties, and entry into a “Motorboats Prohibited” or “No Entry” zone as defined in Rule 68C-22.002, F.A.C. is reasonably warranted, or
   2. (b) The activity is being conducted to directly protect manatees, to enhance the propagation or survival of manatees, or it is reasonably required to enforce other provisions of Chapter 68C-22, F.A.C.
3. (3) Emergency Situations: Any person may engage in water-borne activity otherwise prohibited by Chapter 68C-22, F.A.C., if such activity is reasonably necessary to prevent the loss of life or property due to emergency circumstances, or to render emergency assistance.

4. (4) General Activities: For the purpose of issuing authorizations to allow the performance of certain activities which are otherwise prohibited by Chapter 68C-22, F.A.C., (including activities prohibited by “Motorboats Prohibited” or “No Entry” zones as defined in Rule 68C-22.002, F.A.C., as provided in subsection (1), permits shall be issued by the Commission only upon both a showing of a justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity. Permits shall only be issued for activities which: are necessary to carry out a prerequisite of permitting by federal, state, or local governments (or are a condition to or are otherwise authorized by a valid permit), are necessary for habitat restoration or environmental protection purposes, are necessary for other scientific or educational purposes or for the enhancement of propagation or survival of the manatee, or are necessary for purposes of construction, maintenance, or repair to adjacent property owner’s facilities including maintenance dredging and debris removal. Permitted activities may not, either intentionally or negligently, molest, harass, collide with, injure or harm manatees. When operating under a permit within “Motorboats Prohibited” or “No Entry” zones, vessels shall be operated at no greater than idle speed.

   1. (a) Permits are non-transferable and shall only be considered upon written application as specified hereunder. Copies of any associated permits must be submitted with the request. The application must, at a minimum, contain enough information to demonstrate:

      1. The nature and scope of the activity to be conducted within the restricted area, including the number of vessels to be involved, the type and configuration of the vessels, and the maximum speeds necessary,

      2. The specific area within which the activity would be conducted, described in the application and depicted on a nautical chart,

      3. The period of time for which the permit is needed, limited to specific dates if possible; and,

      4. Justification for conducting the activity within waters regulated for manatee protection, clearly demonstrating why an alternative site is unsuitable or unavailable.

   2. (b) Permits granted under the provisions of this subsection shall be effective only for the time period specified in the permit, and only in the areas specified in the notice.

5. (5) Resident Access to Limited Entry Areas: Any authorized resident or his/her guests who must cross a “Motorboats Prohibited” or “No Entry” zone as defined in Rule 68C-22.002, F.A.C., for the sole purpose of water access by boat to private residences, boat houses, or boat docks, shall be authorized access by obtaining and affixing an identifying insignia to his/her vessel. Motorboats shall be operated at no greater than idle speed while within the zone.

   1. (a) To obtain authorization, authorized residents must submit a signed letter providing the following information and documentation:

      1. The name, mailing address, and telephone number of the authorized resident,

      2. A description of the vessel(s) to be permitted, including a copy(ies) of the current vessel registration(s),

      3. A map showing the location of the property to which access is required in relation to the “No Entry” or “Motorboats Prohibited” zone,

      4. Verification of property ownership, rental or lease. For property owners, acceptable forms of verification include the property’s tax assessment, a current utilities or telephone bill, or a mortgage agreement. For residents renting or leasing the property, acceptable forms of verification include the rental or lease agreement, or a current utilities or telephone bill. To be acceptable, the document used for verification must be in the authorized resident’s name.

   2. (b) Upon review and approval of the application by the Office of Environmental Services, an identifying decal or other insignia shall be issued, free of charge, to authorized residents. (Two (2) insignias or decals per authorized resident shall also be issued free of charge for use by authorized guests, with additional guest decals available upon justification of need.)

6. (6) Commercial Fishing and Professional Guiding: The following provisions pertain to qualifying commercial fishermen and professional fishing guides. In those speed zones wherein such intent was provided and specified at the time of zone establishment and as provided in subsection (1), permits shall be issued by the Commission only upon both a showing of a justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity.

   1. (a) In considering applications for permits under this subsection, a justification of need will be based on a finding of hardship. A hardship will be found to exist if an applicant can demonstrate the following:

      1. Commercial fishing or professional guiding, as appropriate, is either:

      a. The applicant’s principal occupation, in that a majority of the applicant’s work week is spent in pursuit of that occupation, or

      b. A significant source of income for the applicant, in that a minimum of twenty-five percent (25%) of the applicant’s gross annual income is attributable to revenue derived from that occupation,

      2. The applicant’s customary fishing or guiding practices would be significantly curtailed as a result of the restrictions for which a permit is sought in that at least twenty-five percent (25%) of the applicant’s gross annual income would be lost if a permit is not granted because sufficient alternative sites or methods for carrying out the activity in question are not available to the applicant; and,

      3. The applicant’s compliance with the restrictions for which a permit is sought will result in a significant economic or physical burden being borne by the applicant.

   2. (b) Upon a determination by the Office of Environmental Services that such a permit will not result in serious threats to manatees and that a hardship exists as a result of the speed restrictions imposed, commercial fishermen fulfilling the following requirements shall be granted a permit;

      1. Possession of a current Saltwater Products License issued pursuant to Section 379.361, F.S., or of an equivalent freshwater license issued pursuant to Section 379.363, F.S., (if only freshwater species are taken), a current commercial vessel registration, and any other license(s) as may be required of commercial fishermen to operate within the particular county in which a permit is sought; and,

      2. Completion of the permit application referenced in paragraph (6)(d) hereunder, including submittal of copies of all documents required in subparagraph (b)1., above.

   3. (c) Upon a determination by the Office of Environmental Services that such a permit will not result in serious threats to manatees and that a hardship exists as a result of the speed restrictions imposed, professional fishing guides fulfilling the following requirements shall be granted a permit:

      1. Possession of a current commercial vessel registration,

      2. Possession of a current license from the U.S. Coast Guard authorizing the carriage of passengers for hire on the waters for which the permit is sought,

      3. Possession of a current saltwater fishing license in accordance with Section 379.354, F.S., for vessels carrying customers wherein a fee is paid directly or indirectly (if saltwater species are taken),

      4. Possession of other current occupational license(s) as may be required of professional fishing guides to operate within the particular county in which the permit is sought; and,

      5. Completion of the permit application referenced in paragraph (6)(d), hereunder, including submittal of copies of all documents required in subparagraphs (c)1. through (c)4., above.

   4. (d) A permit application form (“Application for Permit, Manatee Protection Zones”), Form No. FWC 68C-22.003-6 (6/96), which is hereby incorporated by reference, may be obtained from the Fish and Wildlife Conservation Commission, Office of Environmental Services, 620 South Meridian Street, Tallahassee, FL 32399, or from the Division of Law Enforcement office as designated under specific manatee protection zone rule provisions. The form shall include items for completion by commercial fishermen and professional fishing guides, imparting information necessary: (1) to show a justification of need by the applicant; and (2) for the Commission to make a determination as to the potential impacts of allowing the requested activities within specified regulated areas.
   5. (e) Acceptance of a permit shall constitute evidence that the recipient agrees to maintain speeds of twenty (20) mph or less at all times while operating under a permit within the restricted area and to comply with any and all conditions set forth within the permit. (Examples of other types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)
   6. (f) Permits granted under the provisions of this section shall be effective only for the time period specified in the permit, and only in the areas specified in the notice. Permits may only be utilized by the fisherman or guide in whose name it is issued, only while aboard the vessel identified on the permit, and only when engaged in their customary fishing or guiding practices, as applicable. For guides, permits apply only when paying customers are aboard.

7. (7) Testing of Motors or Vessels by Manufacturers: The following provisions pertain to boat motor and vessel testing operations by manufacturers. As provided in subsection (1), permits shall be issued by the Commission only upon both a showing of justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity. Permits shall be in effect for five (5) years, or for a shorter period if requested by the applicant, and shall only be issued upon written application as specified within paragraph (7)(a), hereunder. Permits are non-transferable and shall only be issued from speed restrictions appearing in Chapter 68C-22, F.A.C., which were established after June 1, 1990.

   1. (a) Permits shall be granted only upon:

      1. Submission of a request in writing to the Office of Environmental Services clearly stating:

      a. The geographic areas within which testing is to be conducted (The written description shall be accompanied by navigational charts or boater guide maps clearly indicating the proposed test course location and route),

      b. The types of vessels/motors to be tested,

      c. The estimated number of motors or vessels to be tested annually,

      d. The estimated maximum number of motors or vessels to be tested at any one time within the restricted area,

      e. The estimated maximum speeds at which vessels will travel during the tests; and,

      f. The estimated number of qualified employees to work as vessel operators, and a brief description of their qualifications.

      2. Submission of a statement of justification of need to utilize specific waterways or specific portions of waterways within areas for which manatee speed zone protection has been established, clearly demonstrating a substantial hardship (economic, operational or other) to the manufacturer. Such a statement must detail why, and under what circumstances, other waters are inappropriate for such testing purposes.

   2. (b) Acceptance of a permit shall constitute evidence that the recipient (and his/her authorized employees) agrees to:

      1. Carry on the vessel a copy of the permit and, an identification as an employee of a corporation or firm actively engaged in the manufacture of boat motors or vessels,

      2. Unless otherwise provided in the permit, operate only between sun-up and sundown, Monday through Friday, and sun-up Saturday through noon, not on Sundays or on state-recognized holidays; and,

      3. Comply with any and all conditions set forth in the permit. (Examples of other types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)

   3. (c) For the purposes of this rule, the following definitions shall apply:

      1. Testing – The act by a manufacturer of evaluating a boat motor or vessel for the purposes of determining its operational characteristics. Such operational characteristics shall include, but not be limited to, those pertaining to product designs, endurance, performance, and safety.

      2. Boat motor manufacturer – An entity engaged in the production of boat motors from basic components for the purpose of sale.

      3. Vessel manufacturer – An entity engaged in the production of vessels from basic components for the purpose of sale.

      4. Vessel – Vessel is synonymous with boat, as referenced in Section 1(b), Article VII, of the State Constitution, and includes every description of watercraft, barge, and airboat other than a seaplane on the water used or capable of being used as a means of transportation on water.

8. (8) Resident Access Through Speed-controlled Areas: For the sole purpose of allowing ingress and egress to persons who must travel through speed zones established under Chapter 68C-22, F.A.C., to access private residences, boat houses, or boat docks, except as provided under subsections (4) and (5), above, who would otherwise be physically precluded water access because of speed restrictions (such that shoaling or other physical factors would require residents to exceed such speed restrictions), the Commission shall grant a non-transferable resident permit upon a demonstration of just cause, as set forth in paragraph (8)(a), hereunder, and upon a finding that issuance of such a permit will not pose a serious threat to manatees.

   1. (a) The Office of Environmental Services, upon review by the Division of Law Enforcement, will consider a request for such a resident permit upon the receipt of a signed explanatory letter of intent from the affected resident clearly demonstrating:

      1. The need to exceed speed restrictions for ingress and egress purposes,

      2. Justification for traveling at speeds greater than those established within designated zone on the basis of vessel and boat motor types/horsepower,

      3. Evidence of property ownership or residency in said property,

      4. Areas, as marked on an accompanying map and clearly described with permanent landmarks, where shoaling or other physical circumstances warrant exception to restrictive provisions, and the minimum area/distance required for travel at speeds greater than those established within the designated zone; and,

      5. Description(s) and vessel registration number(s) for vessel(s) owned by said resident for which a permit is requested.

   2. (b) Acceptance of a permit shall constitute evidence that the recipient agrees to maintain speeds of twenty-five (25) MPH or less at all times while operating under a permit unless otherwise provided in the permit, to hold said permit on the vessel at all times, and to comply with any and all conditions set forth within the permit. (Examples of other types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)
   3. (c) Permits granted under the provisions of this subsection shall be effective only for the time period specified in the permit, and only in the areas specified in the notice.
   4. (d) If the area for which a permit has been issued is dredged, the permit recipient shall so notify the Commission.

9. (9) Boat Races: The following provisions pertain to powerboat racing. In those speed zones wherein such intent was provided and specified at the time of zone establishment and as provided in subsection (1), permits shall be issued by the Commission only upon both a showing of a justification of need by the applicant and a determination of an absence of serious threat to manatees in association with the requested activity. Permits are non-transferable and shall only be considered upon written application as specified hereunder.

   1. (a) The application must, at a minimum, contain enough information to demonstrate:

      1. The nature and scope of the racing event, including estimated numbers of vessels to be involved, the nature and configuration of the vessels, and the maximum speeds anticipated,

      2. The specific area within which the racing event is requested, described in the application and depicted on a nautical chart,

      3. The intended date(s) of the racing event; and,

      4. Justification for holding the racing event within waters regulated for manatee protection, clearly demonstrating why an alternative site is unsuitable or unavailable.

   2. (b) Failure to comply with the permit or associated conditions, or any finding of fraudulent use or application for said permit, shall be cause for the immediate revocation of the permit, including suspension of permit privileges prior to or during the permitted event. (Examples of types of conditions which may be specified to promote manatee protection are described in subsection 68C-22.003(1), F.A.C.)
   3. (c) If a single manatee is struck or killed by a vessel operating above the posted speed limit pursuant to a permit under these provisions, the permit shall be automatically and immediately rescinded.
   4. (d) Permits granted under the provisions of this subsection shall be effective only for the time period specified in the permit, and only in the areas specified in the permit.

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.03, Amended 12-30-86, 8-28-90, 12-25-91, 6-16-93, Formerly 16N-22.003, Amended 6-25-96, 5-12-98, Formerly 62N-22.003.