1. (1) For the purpose of protecting manatees and manatee habitat in Indian River County, the following year-round and seasonal zones are established, which shall include all associated and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals, channels and boat basins, unless otherwise designated or excluded:

   1. (a) Idle Speed Zone (Year-round) –

      1. 110th Street Area: All waters of the canals immediately north and south of 110th Street, westerly of the general contour of the westerly shoreline of Indian River,

      2. Island Harbor Road Area: All waters of the marina between North Island Harbor Road and South Island Harbor Road, westerly of the general contour of the westerly shoreline of Indian River,

      3. Durrance Road Area: All waters of the canals southerly of Durrance Road, northerly of 93rd Lane, and westerly of the general contour of the westerly shoreline of Indian River,

      4. Hobart Lodge Marina Area: All waters of the Hobart Lodge Marina canals, westerly of a line which bears South 00° 00' 00" West (True) from the easternmost tip of the peninsula on the northerly shoreline of the southernmost canal (approximate latitude 27° 44′ 10" North, approximate longitude 80° 25' 4.69" West),

      5. Grand Harbor Development Marina Area: All waters of the Grand Harbor Development Marina, all waters of the canal system northerly of the Grand Harbor Development Marina in Sections 11, 13 and 14, Township 32 South, Range 39 East, and those waters of the North Canal, westerly of the general contour of the westerly shoreline of Indian River Narrows, and easterly of the centerline of US Highway 1,

      6. Johns Island Creek Area: All waters of Johns Island Creek and associated canals or waterways, southerly of a line which bears North 90° 00' 00'' East (True) running through the northernmost tip of an unnamed island (approximate latitude 27° 42' 20" North, approximate longitude 80° 23' 01'' West), northerly and easterly of a line which bears North 00° 00' 00" East (True) running through the westernmost tip of a peninsula (approximate latitude 27° 41' 01" North, approximate longitude 80° 22' 51" West),

      7. Indian River, Vero Beach Area: Those waters of the main canal and associated waters, westerly of the general contour of the westerly shoreline of Indian River, and easterly of the flood gate located approximately 200 feet easterly of Country Club Drive; and all waters of those canals southerly of Royal Palm Boulevard, northerly of Harbor Drive South, and westerly of the general contour of the westerly shoreline of the Indian River,

      8. South Canal Area: All waters of South Canal and associated waters, westerly of the general contour of the westerly shoreline of Indian River, and easterly of the centerline of US Highway 1 (State Road 5),

      9. Crawford Creek Area: All waters of Crawford Creek northerly of a line which bears South 70° 00' 00" West (True) from the southernmost tip of Crawford Point (approximate latitude 27° 35' 29" North, approximate longitude 80° 21' 52" West),

      10. River Shores Development Area: All waters of the canals north and south of 12th Place S.E. in Sections 29 and 30, Township 33 South, Range 40 East, westerly of the general contour of the westerly shoreline of Indian River,

      11. Vero Shores Area: All waters of the Vero Shores canals westerly of the general contour of the westerly shoreline of Indian River; and,

      12. Indian River, Porpoise Point to Head Cove Area: All waters of Indian River within 1000 feet of the general contour of the westernmost shoreline of Porpoise Point and the Moorings residential development including all waters of Porpoise Bay, Head Cove Pocket, Head Cove and all associated waters, southerly of a line which bears South 90° 00' 00′′ West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51'' West), northerly of a line which bears South 90° 00' 00" West from the westernmost point of an unnamed island at the southern end of Head Cove (approximate latitude 27° 34' 28" North, approximate longitude 80° 20' 22" West), and northerly of the westerly extension of the northerly shoreline of the canal between Island Drive and Harbor Lane.

   2. (b) Slow Speed Zone (Year-round) –

      1. St. Sebastian River Area: All navigable waters of the St. Sebastian River (also commonly known as Sebastian River, San Sebastian River and Sebastian Creek, and including those waters known as San Sebastian Bay), and the South Fork St. Sebastian River within Indian River County westerly and southwesterly of the centerline of the US 1 Bridge, and northerly of the centerline of the S.R. 512 Bridge,

      2. Indian River Area: All waters of the Indian River and Indian River Narrows including Vossinbury Creek, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of the Indian River County/Brevard County line, and northerly of the Indian River County/St. Lucie County line, except as otherwise excluded below or designated for alternative regulation,

      a. Indian River, North of Wabasso Beach Road Bridge Area: All waters of Indian River easterly of a line 600 feet easterly of and parallel with the westerly shoreline of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears South 58° 00' 00" West (True) running through Green Intracoastal Waterway Channel Marker “75” (latitude 27° 46' 17" North, longitude 80° 25' 49" West), northwesterly of a line 200 feet northwesterly of and parallel with the centerline of the Wabasso Beach Road (County Road 510) Bridge, and southwesterly and northwesterly of a line 600 feet southwesterly and northwesterly of the general contour of the southwesterly and northwesterly shoreline of Wabasso Island,

      b. Indian River, South of Wabasso Beach Road Bridge Area: All waters of Indian River, easterly of a line 1,000 feet easterly of and parallel with the westerly shoreline of the Indian River, southeasterly of a line 200 feet southeasterly of and parallel with the centerline of the Wabasso Beach Road (County Road 510) Bridge, westerly of the general contour of the westerly shorelines of Wabasso and Pine Islands, southwesterly of the centerline of the Live Oak Drive Bridge connecting Wabasso and Pine Islands, and northerly of a line which bears North 90° 00' 00" East (True) located 1,000 feet northerly of the easternmost tip of the peninsula on the northerly shoreline of the southernmost canal of the Hobart Lodge Marina canals (approximate latitude 27° 44' 10" North, approximate longitude 80° 25' 4.69" West); and,

      c. Indian River, Erwin Cove to Porpoise Point Area: All waters of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 65° 30' 00" East (True) running through Green Intracoastal Waterway Channel Marker “149” (latitude 27° 37' 24" North, approximate longitude 80° 22' 08" West), and northerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51" West),

      3. Indian River, Sebastian Inlet Area: All waters of Indian River and Sebastian Inlet, unless otherwise designated, exclusive of the marked Sebastian Inlet channel and any extension of said channel to be marked by local, state, or federal government (portions of which may be otherwise designated for regulation), southerly of the Indian River County/Brevard County line, northerly of a line which bears North 60° 00' 00" East (True) from Red Intracoastal Waterway Channel Marker “64” (latitude 27° 50' 21" North, longitude 80° 28' 16" West), easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, and southwesterly of a line 200 feet southwesterly of and parallel with the centerline of the State Road A1A Bridge,

      4. Indian River, Coconut Point to Big Slough Area: All waters within 600 feet of the general contour of the easterly shoreline of Indian River, southerly of a line which bears North 60° 00' 00" East (True) from Red Intracoastal Waterway Channel Marker “64” (latitude 27° 50' 21" North, longitude 80° 28' 16" West), and northwesterly of a line which bears North 45° 00' 00" East (True) from the northernmost point of Black Point (approximate latitude 27° 48' 40" North, approximate longitude 80° 26' 24" West),

      5. Indian River, Big Slough to Wabasso Beach Road Bridge Area – All waters of Big Slough, North Hole and South Hole southeasterly of a line which bears North 45° 00' 00" East (True) from the northernmost point of Black Point (approximate latitude 27° 48' 40" North, approximate longitude 80° 26' 24" West); Collins Hole, Turtle Pen Slough and those waters of Indian River within 600 feet of the general contour of the northerly and westerly shoreline of the Black Point peninsula, the general contour of the northerly, westerly and southerly shoreline of Roseate Island, and the general contour of the southwesterly shoreline of Sprat Point, all waters of Sprat Creek and East Channel northeasterly and easterly of the general contour of the northeasterly shoreline of Roosevelt Island, the easterly shoreline of North Horseshoe Island, Horseshoe Island, Plug Island and Preachers Island; and those waters of Indian River easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked Channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 90° 00' 00" East (True) running through Flashing Green Intracoastal Waterway Channel Marker “71” (latitude 27° 47' 29" North, longitude 80° 26' 40" West), southeasterly, southerly and southwesterly of a line 600 feet northwesterly, northerly and northeasterly of the general contour of the northwesterly, northerly and easterly shoreline of Pauls Island, and westerly of the general contour of the westerly shoreline of Middle Island, Nelson Island and Horseshoe Island and Preachers Island, and northerly of the centerline of the Wabasso Beach Road (County Road 510) Bridge,

      6. Indian River, Johns Island Creek to Martin Cove Area: All waters of Indian River and Indian River Narrows, including Johns Island Creek, Chambers Cove, Stingray Creek, McCullers Cove, Jandrew Cove, Bethel Creek, Riomar Creek, North Creek, South Creek, Erwin Cove, Prang Island Creek, Hells Pocket and Martin Cove, easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, easterly and southerly of a line bearing 194° from a point (approximate latitude 27° 43' 29.8" North, approximate longitude 80° 23' 36.6" West) on the eastern shoreline to a point (approximate latitude 27° 43' 19.8" North, approximate longitude 80° 23' 39.5" West) on the northern shoreline of Barker Island, and northerly of a line which bears North 83° 0' 00" East (True) from a point on the easterly boundary of the main marked channel of the Atlantic Intercoastal Waterway (approximate latitude 27° 36' 29" North, approximate longitude 80° 21' 41" West) to the easterly shoreline of Indian River, north of Barkers Ditch Cove at approximately Shorelands Drive N, 300 feet southerly and parallel with the Florida Power & Light powerline running east to west across Indian River, from the centerline of South Canal, except as otherwise designated, LESS: all waters of Gifford Cut easterly of the general contour of the westerly shoreline of Gifford Cut, said general contour line extending across the mouth of any tributary or backwater area, westerly of the general contour of the easterly shoreline of Gifford Cut, said general contour line extending across the mouth of any tributary or backwater area, southerly of a line which bears North 90° 00' 00" East (True) running through the northernmost tip of a peninsula (approximate latitude 27° 40' 36" North, approximate longitude 80° 22' 37" West), and northerly of a line which bears North 90° 00' 00" East (True) from the southernmost tip of a small unnamed island (approximate latitude 27° 40' 02" North, approximate longitude 80° 22' 17" West),

      7. Jungle Trail Narrows to Hole-in-the-Wall Island Area: All waters of Jungle Trails Narrows, and associated waters, southerly of the centerline of the Wabasso Beach Road (County Road 510) Bridge, north of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point (approximate latitude 27° 43' 11.9" North, approximate longitude 80° 23' 45.6" West) on the western shoreline of Barker Island, westerly and northerly of a line bearing 194° from a point (approximate latitude 27° 43' 29.8" North, approximate longitude 80°23'36.6" West) on the eastern shoreline to a point (approximate latitude 27° 43' 19.8" North, approximate longitude 80° 23' 39.5" West) on the northern shoreline of Barker Island, and easterly and northerly of a line that begins at a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island and runs northerly along the shoreline of Hole-in-the-Wall Island for a distance of 1290 feet to another point (approximate latitude 27° 43' 21.8" North, approximate longitude 80° 24' 05.3" West) on the eastern shoreline of Hole-in-the-Wall Island, then bears 19° to a point (approximate latitude 27° 43' 32.3" North, approximate longitude 80° 24' 01.1" West) on the southwestern shoreline of Pine Island, excepting those waters of the Atlantic Intracoastal Waterway channel and associated waters otherwise designated under sub-subparagraph (1)(d)1.b.,

      8. Indian River, Porpoise Point to St. Lucie County Line Area: All waters of Indian River and Round Island Creek easterly of a line 100 feet easterly or and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51" West), and northerly of the Indian River County/St. Lucie County line, except as otherwise designated for alternative regulation; and,

      9. Atlantic Intracoastal Waterway, Merrill Barber Bridge Area: That portion of the main marked channel of the Atlantic Intracoastal Waterway and those waters within 100 feet of the eastern and western boundaries of said channel described as follows: Southerly of Green Intracoastal Waterway Channel Marker “137” (latitude 27° 39' 31" North, longitude 80° 22' 37" West), and northerly of the centerline of the Merrill Barber (State Road 60) Bridge.

   3. (c) Slow Speed Zone (November 1 through April 30)/Unregulated Remainder of Year –

      1. Indian River, Sebastian Inlet Marina to Duck Point Area: All waters of Indian River easterly of a line 600 feet easterly of and parallel with the general contour of the westerly shoreline of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 67° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “66” (latitude 27° 49' 33" North, longitude 80° 27' 54" West), and northerly of a line which bears North 90° 00' 00" East (True) running through Green Intracoastal Waterway Channel Marker “75” (latitude 27° 46' 17" North, longitude 80° 25' 49" West); and those waters of Indian River easterly of a line 100 feet easterly of and parallel with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway, westerly of a line 1600 feet northeasterly of and parallel with the centerline of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears North 67° 00' 00" East (True) running through Red Intracoastal Waterway Channel Marker “66” (latitude 27° 49' 33" North, longitude 80° 27' 54" West), and northerly of a line which bears North 90° 00' 00′′ East (True) running through Flashing Green Intracoastal Waterway Channel Marker “67” (latitude 27° 48' 45" North, longitude 80° 27' 29" West),

      2. Indian River, Hobart Lodge to Grand Harbor Development Area: All waters of Indian River, east of the general contour of the western shoreline of Indian River, north and west of a line that begins at a point (approximate latitude 27° 43' 21.8" North, approximate longitude 80° 24' 05.3" West) on the eastern shoreline of Hole-in-the-Wall Island then bears 19° to a point (approximate latitude 27° 43' 32.3" North, approximate longitude 80° 24' 01.1" West) on the southwestern shoreline of Pine Island and then runs northerly along the western shoreline of Pine Island, south and west of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point 100 feet west of the western boundary of the Atlantic Intracoastal Waterway, then running southerly 100 feet west of and parallel with the western boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears 90° from a point (approximate latitude 27° 44' 19.4" North, approximate longitude 80° 25' 18.4" West) on the western shoreline of the Indian River located 1000 feet north of the easternmost tip of the peninsula on the northern shoreline of the southernmost canal of the Hobart Lodge Marina canals (approximate latitude 27° 44' 10" North, approximate longitude 80° 25' 4.69" West), and north of a line which bears 90°, running through Red Intracoastal Waterway Channel Marker “120” (latitude 27° 42' 04" North, longitude 80° 23' 8" West); and,

      3. Indian River, Crawford Point to Indian River County/St. Lucie County Line Area: All waters of Indian River, westerly of a line 100 feet westerly of and parallel with the westerly boundary of the main marked channel of the Atlantic Intracoastal Waterway, southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41” North, approximate longitude 80° 20' 51" West), and northerly of the Indian River County/St. Lucie County line.

   4. (d) Maximum 30 MPH Zone (Year-round) –

      1. Atlantic Intracoastal Waterway Areas: Those portions of the main marked channel of the Atlantic Intracoastal Waterway, including those waters within 100 feet of its eastern and western boundaries, described as follows:

      a. Southerly of the Brevard County/Indian River County line and northerly of Flashing Green Intracoastal Waterway Channel Marker “67” (latitude 27° 48' 45" North, longitude 80° 27' 29" West),

      b. South of Red Intracoastal Waterway Channel Marker “78” (approximate latitude 27° 45' 53.7" North, approximate longitude 80° 25' 17.3" West), and north of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point (approximate latitude 27° 43' 11.9" North, approximate longitude 80° 23' 45.6" West) on the western shoreline of Barker Island,

      c. South of a line bearing 80° from a point (approximate latitude 27° 43' 09.2" North, approximate longitude 80° 24' 03.2" West) on the eastern shoreline of Hole-in-the-Wall Island to a point (approximate latitude 27° 43' 11.9" North, approximate longitude 80° 23' 45.6" West) on the western shoreline of Barker Island, and north of Green Intracoastal Waterway Channel Marker “137” (approximate latitude 27° 39' 30.9" North, approximate longitude 80° 22' 36.8" West),

      d. Southerly of the centerline of the Merrill Barber (State Road 60) Bridge and northerly of a line which bears North 65° 30' 00" East (True) running through Green Intracoastal Waterway Channel Marker “149” (approximate latitude 27° 37' 24" North, longitude 80° 22' 08" West); and,

      e. Southerly of a line which bears South 90° 00' 00" West (True) from the westernmost point of the shoreline of Porpoise Point (approximate latitude 27° 35' 41" North, approximate longitude 80° 20' 51" West), and northerly of the Indian River County/St. Lucie County line,

      2. Sebastian Inlet Channel Area: That portion of the Sebastian Inlet channel commencing at a point in a line with the easterly boundary of the main marked channel of the Atlantic Intracoastal Waterway located approximately 490 feet northeasterly of Green Intracoastal Waterway Channel Marker “63” (latitude 27° 50' 46.54" North, longitude 80° 28' 24.56" West) and continuing northeasterly following the general configuration of the marked navigational channel, concluding at the Indian River-Brevard County line in the Sebastian Inlet at approximately Red Channel Marker “4” (latitude 27° 51' 16" North, longitude 80° 27' 25" West), contingent upon dredging and marking of said channel.

2. (2) For the purpose of exempting qualifying commercial fishermen and professional fishing guides from certain speed zone restrictions, as provided under subsection 68C-22.003(6), F.A.C., the following conditions, and procedures for exemption application shall apply:

   1. (a) Exemptions shall apply seasonally and year-round to zones, or portions of zones, specified as follows:

      1. Year-round exemptions, with speeds not to exceed 20 MPH, will be considered within the zones described or partially described in subparagraphs (1)(b)2., 4., 5., and 6., above,

      2. Year-round exemptions, for the purpose of setting nets to encircle fish only, will be considered within the zones described or partially described in subparagraphs (1)(b)2., 3., 6., and 7., above,

      3. Seasonal exemptions (from November 1 through April 30) for the purpose of setting nets to encircle fish only will be considered in the zone described or partially described in subparagraph (1)(c)3.; and,

      4. Seasonal exemptions (from November 1 through April 30), with speeds not to exceed 20 MPH, will be considered in the zones described or partially described in subparagraphs (1)(c)1. and 2.

   2. (b) A recipient of an exemption must maintain speeds of less than 20 MPH at all times within the restricted area, and comply with any and all conditions specified within the notice of exemption as well as under all appropriate provisions of this rule and subsection 68C-22.003(6), F.A.C.
   3. (c) Exemptions granted will not apply on weekends (sunrise on Saturday through sunset on Sunday) or on state-recognized holidays (sunrise to sunset).
   4. (d) Any commercial fisherman or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C., may apply for the exemption, one of which shall be required for each vessel so operated, by completing application form (“Application for Permit, Manatee Protection Zones”), Form No. FWC 68C-22.003-6 (6/96), incorporated by reference in 68C-22.003(6)(d), F.A.C. Applications for exemption in accordance with the provisions of this rule may be obtained by contacting the Commission’s Imperiled Species Management Section at 620 South Meridian Street, Tallahassee, FL 32399-1600 (email: ManateeZonePermit@MyFWC.com; (850)922-4330).
3. (3) Maps depicting the zones described in this rule are available on the agency’s website at http://myfwc.com. The maps are intended only as visual aids and do not have regulatory effect; therefore, in the event of conflict between the maps and the descriptions of the zones provided by this rule, the rule text shall prevail.

Rulemaking Authority 379.2431(2) FS. Law Implemented 379.2431(2) FS. History–New 3-19-79, Formerly 16N-22.07, Amended 12-3-87, 8-28-90, 10-21-91, 8-18-92, Formerly 16N-22.007, 62N-22.007, Amended 12-12-02, 6-30-26.