TO: Board of County Commissioners
THROUGH: John Titkanich Jr., County Administrator
Kylie Yanchula, Natural Resources Director
FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist
DATE: February 26, 2025
SUBJECT: Florida Fish and Wildlife Conservation Commission Manatee Speed Zone
Rule Review Committee Request
__________________________________________________________________
BACKGROUND
The Manatee Sanctuary Act, F. S. 379.2431(2) authorizes the Florida Fish and Wildlife Conservation Commission (FWC) to establish manatee protection rules. FWC establishes speed and vessel restrictions where necessary to protect manatees from vessel collisions and harassment.
The rule making process is outlined in Rule 68C-22 of the Florida Administrative Code. FWC initiates the evaluation process to determine if a new or amended rule may be warranted for the protection of manatees. The evaluation includes population density, manatee use, boating use, and waterway characteristics. Once a new or amended rule is needed, it must follow the rule making process required in the Administrative Procedures Act, the Manatee Sanctuary Act, and the Uniform Rules of Procedure related to rule making. The process to amend current rules is as follows:
1. Notify the affected county government that FWC is proposing new or amended manatee speed zones. The county has 60 days to form a Local Rule Review Committee (LRRC) to review the rule proposal and submit a written report for consideration. The LRRC consists equally of waterway users and environmental stakeholders.
2. FWC publicly announces the need for a new or amended rule for manatee protection purposes in the county.
3. FWC provides the preliminary rule proposal and data to the LRRC. The LRRC has 60 days to review and submit its report to FWC.
4. FWC reviews the LRRC report and prepares a response.
5. If FWC Commissioners decide rule making is needed, a public comment notice is published.
6. A final public hearing is held by FWC Commissioners during a regularly scheduled FWC meeting. FWC Commissioners vote to adopt the proposed rule with or without changes.
7. If adopted, a Notice of Change is published.
8. Rules become effective 20 days after being adopted but are not enforceable until signs are posted.
FWC is proposing changes to manatee speed zones in Indian River County. A formal request from FWC was mailed on May 13th to the Board of County Commissioners. Per the letter, the County has 60 days to form a LRRC. Per the requirements outlined by FWC, the committee must include an equal number of waterway users and environmental/marine mammal experts. The LRRC should include the local biologist from the Save the Manatee Club but may not include FWC biologists or government staff. In addition to the formation of the LRRC, County staff will assist FWC by scheduling and hosting the LRRC meetings. FWC will lead all meetings and facilitate the rule review process.
Staff propose an LRRC of 14 members with each District Commissioner appointing two (2) members, of the two members one (1) shall be a waterway user (such as fishers, boaters, water skiers, etc.) and one (1) shall be a manatee advocate or other environmental advocate. The remaining 4 members shall be based upon applications submitted directly to the Lagoon Division and reviewed and approved by staff. The final composition of the committee shall be comprised of fifty percent waterway users and fifty percent manatee advocates or other environmental advocates as governed by §379.2431 (2)(f), FS.
ANALYSIS
N/A
BUDGETARY IMPACT
Staff time, currently budgeted and funded from the Lagoon Division in the General Fund, would be the only cost incurred in relation to formation of the Local Rule Review Committee.
PREVIOUS BOARD ACTIONS
Between 1989 and 1992, the County in cooperation with the Florida Department of Environmental Protection Division of Marine Resources, Bureau of Protected Species Management (now FWC) established manatee protection speed zones. The speed zones were adopted in July of 1992 and sign posting was completed in July 1993.
POTENTIAL FUTURE BOARD ACTIONS
N/A
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
Manatee Protection Plan
STAFF RECOMMENDATION
Recommended Action
Staff recommends the Board of County Commissioners authorize staff to form a Local Rule Review Committee for the proposed FWC rule changing manatee speed zones within the Indian River County section of the Indian River Lagoon. Staff recommends each Board member appoint two (2) members to the LRRC consisting of one (1) waterway user and (1) manatee/environmental advocate. Staff recommends the Board authorize staff to solicit applications for and approve the remaining 4 members. Staff also recommends the Board authorize staff to be the liaison between FWC and the Local Rule Review Committee to facilitate the local rule review process.