Chapter 387 - MANATEE PROTECTION

Sec. 386.303. - Reserved. Chapter 388 - BOATS AND WATERWAYS Chapter 387 - MANATEE PROTECTION

Sec. 387.101. - Findings.

The Council finds that human activities are the greatest identifiable causes of manatee deaths in Florida and that there is justification for implementing speed regulations on some portions of the lower St. Johns River based on the degree of mortality in manatee use. The Council believes a site specific manatee protection plan provides the greatest protection for the manatee while still preserving portions of the St. Johns River for recreational boating and water sports activities. This concept has been recommended and endorsed by the Jacksonville Waterways Commission.

(Ord. 97-651-E, § 5)

Sec. 387.102. - Definitions.

As used in this Chapter:

(a)

Caution zone means an area where manatees frequently inhabit on a somewhat regular basis and motorboat operators are advised to use caution so as not to strike a manatee.

(b)

Slow speed zone means an area where motorboats may not be operated at greater than slow speed, as defined in Rule 68C-22.002, Florida Administrative Code.

(c)

Shore line means the point where the water meets the land at any point in time.

(d)

General contour of the shore line has the meaning described in Rule 68C-22.002, Florida Administrative Code.

(e)

Motor boat means any boat or vessel propelled or powered by machinery.

(f)

Waters means those waters of the State of Florida within the territorial jurisdiction of Duval County.

(g)

Idle speed zone means an area where motorboats may not be operated at greater than idle speed, as defined in Rule 68C-22.002(1), Florida Administrative Code.

(Ord. 97-651-E, § 5; Ord. 2000-937-E, § 1; Ord. 2004-956-E, § 2; Ord. 2007-730-E, § 2)

Sec. 387.103. - Manatee protection zones.

(1)

Except in the marked navigation channels of the Atlantic Intracoastal Waterway and the St. Johns River and the area within 100 feet of such channels, the following waters within Duval County are designated manatee protection zones. The zones set forth below are in effect year-round and, unless otherwise stated, all zones exclude all associated waterways (tributaries, creeks, coves, bends, backwaters, canals, basin, etc.) unless explicitly included.

(a)

Slow speed, shore-to-shore.

1.

Atlantic Intracoastal Waterway, Sisters Creek. All waters of Sisters Creek, except in the marked navigation channel of Intracoastal Waterway and the area within 100 feet of such channel, south of an east-west line running through Flashing Green Atlantic Intracoastal Waterway Channel Marker "83" (approximate latitude 30°24′04″ north, approximate longitude 81°27′16″ west), and northeast of a line which bears 310° from the southwestern corner of a seawall at the southwestern tip of Fanning Island (approximate latitude 30°23′19″ north, approximate longitude 81°27′41″ west) and including those backwaters east of Sisters Creek lying southwest of a line which bears 140° from the southernmost tip of Shell Island (approximate latitude 30°23′52″ north, approximate longitude 81°27′21″ west);

2.

Atlantic Intracoastal Waterway, South of the St. Johns River. All waters of the Atlantic Intracoastal Waterway, except the channel and the area within 100 feet of such channel, southwest of a line which bears 280° north from the westernmost tip (approximate latitude 30°22′44″ north, approximate longitude 81°27′30″ west) of a peninsula west of Sherman Point on the southern side of the St. Johns River, north of a line which bears 62° running through a point 600 feet north of and on a bearing of 332° from Flashing Green Atlantic Intracoastal Waterway Channel Marker "9" (approximate latitude 30°22′21″ north, approximate longitude 81°27′01″ west), northeast of the general contour of the northeastern shoreline of Great Marsh Island and a line which bears 137° from the easternmost tip of Great Marsh Island (approximate latitude 30°22′29″ north, approximate longitude 81°27′17″ west), and west of a line which bears 360° from the northernmost tip (approximate latitude 30°22′29″ north, approximate longitude 81°27′05″ west) of the unnamed island east of Green Atlantic Intracoastal Waterway Channel Marker "7;"

3.

St. Johns River, Main Street Bridge to Fuller Warren Bridge Area. All waters of the St. Johns River and associated waterways west (upriver) of the Main Street Bridge and north (downriver) of the Fuller Warren Bridge;

4.

Julington Creek and Durbin Creek Area. All waters of Julington Creek and Durbin Creek east of a line that bears 180° from a point (approximate latitude 30°07′59″ north, approximate longitude 81°36′02″ west) on the northern shoreline of Julington Creek at the mouth of Oldfield Creek and west of a line that bears 180° from a point (approximate latitude 30°08′01″ north, approximate longitude 81°35′43″ west) on the northern shoreline of Julington Creek 300 feet east of the southern extension of Hood Landing Road (and extending south across Durbin Creek to its southern shoreline).

(b)

Slow speed.

1.

St. Johns River, St. Johns Point to Reddie Point. Those waters of the St. Johns River lying within 300 feet of the general contour of the northern and southern shorelines of the river, excluding the federally-marked channels, west of a line that runs from the northeasternmost point of St. Johns Point at the mouth of the river to the southeasternmost point of Wards Bank, east of a line which bears 360° from the easternmost point of Sandfly Point (approximate latitude 30°23′10″ north, approximate longitude 81°38′03″ west) across the mouth of the Trout River, and north of a line that runs from said easternmost point of Sandfly Point to the northernmost point of Reddie Point (approximate latitude 30°23′22″ north, approximate longitude 81°37′13″ west); included in this zone are those waters lying within 300 feet of the general contour of the shorelines of Blount Island and of northern shoreline of Quarantine Island (Bartram Island) between the island's easternmost and westernmost points and those waters leading into Mayport Basin within 300 feet of the general contour of the shorelines, excluding the federally-marked channel, east of a line which bears 180° from the easternmost tip of the peninsula on the northern side of Mayport Basin (approximate latitude 30°23′51″ North, approximate longitude 81°24′16″ West); also included in this zone are those waters within 300 feet of the general contour of the shorelines of the Broward River and Dunn Creek south of the centerline of the Heckscher Drive (State Road 105) Bridges, and those waters within 300 feet of the general contour of the shorelines of all associated waterways on the north side of the river that are east of where Nichols Creek and San Carlos Creek enter the river and south of the centerline of the Heckscher Drive (State Road 105) Bridges, except as otherwise designated in (a);

2.

Mill Cove. Those waters within 300 feet of the general contour of the southern shoreline of Mill Cove, west of the westernmost point of Pauline Island and east of the northernmost point of Reddie Point (approximate latitude 30°23′22″ north, approximate longitude 81°37′13″ west);

3.

Trout River. Those waters within 300 feet of the general contour of the shorelines of the Trout River west of a line that bears 360° from the easternmost point of Sandfly Point (approximate latitude 30°23′10″ north, approximate longitude 81°38′03″ west) across the mouth of the Trout River and east of the Interstate 95 Bridge;

4.

St. Johns River, Reddie Point to Hart Bridge Area. Those waters described below, excluding the federally-marked Florida Intracoastal Waterway channel and the area within 100 feet of such channel:

a.

Within 300 feet of the general contour of the western (and northern) shoreline of the St. Johns River, south (upriver) of a line that runs from the easternmost point of Sandfly Point (approximate latitude 30°23′10″ north, approximate longitude 81°38′03″ west) to the northernmost point of Reddie Point (approximate latitude 30°23′22″ north, approximate longitude 81°37′13″ west) and north and east (downriver) of the Hart Bridge, including all associated waterways and all waters of Long Branch Creek easterly of the Buffalo Avenue/Wigmore Street Bridge;

b.

Within 1,000 feet of the general contour of the eastern shoreline of the St. Johns River, south (upriver) of a line that runs from the easternmost point of Sandfly Point (approximate latitude 30°23′10″ north, approximate longitude 81°38′03″ west) to the northernmost point of Reddie Point (approximate latitude 30°23′22″ north, approximate longitude 81°37′13″ west) and north (downriver) of the Hart Bridge, including all associated waterways, and all waters east of Exchange Island and a line that bears 250° from the southernmost point of Exchange Island (approximate latitude 30°19′18″ North, approximate longitude 81°37′05″ West) and west of a line that bears 73° from a point (approximate latitude 30°18′53″ North, approximate longitude 81°36′43″ West) on the southern shoreline of the Arlington River at the mouth of Little Pottsburg Creek; and also including those waters within 300 feet of the general contour of the western shoreline of Exchange Island

5.

St. Johns River, Hart Bridge to Main Street Bridge Area. All waters of the St. Johns River and associated waterways, including all waters of Miller Creek north of the Atlantic Boulevard (State Road 10) Bridge, west (upriver) of the Hart Bridge and east (downriver) of the Main Street Bridge.

6.

St. Johns River, Fuller Warren Bridge to the South Duval County Line. Those waters of the St. Johns River south of the centerline of the Fuller Warren Bridge, north of the centerline of the Buckman (Interstate 295) Bridge (the Duval County/Clay County line) on the western shore, and west and north of the centerline of the San Jose Boulevard (State Road 13) Bridge crossing Julington Creek on the eastern shore, including those waters of Big Fishweir Creek east of the centerline of the Herschel Street Bridge; those waters northeast of and within 500 feet of the centerline of the Ortega (Grand Avenue) Bridge; those waters of Pirates Cove (also referred to as the Venetia Yacht Basin); those waters of Mulberry Cove northwest of a line that runs from a point (approximate latitude 30°13′05″ north, approximate longitude 81°40′31″ west) on the northern shoreline of the cove to another point (approximate latitude 30°12′56″ north, approximate longitude 81°40′46″ west) on the southern shoreline; and those waters of Marco Lake; those waters of Craig Creek west of the centerline of the Hendricks Avenue (State Road 13) Bridge. Except for the waters northeast of the Ortega (Grand Avenue) Bridge as described above, the waters described in this paragraph shall be subject to a variable-width shoreline buffer whose width is as set forth in Section (2) of this Section;

7.

Ortega River Area. Those waters within 300 feet of the general contour of the shorelines of the Ortega River, including all associated waterways, south of the centerline of the Ortega (Grand Avenue) Bridge, north of the centerline of the Timuquana Bridge for the buffer along the eastern shoreline, and east of the southernmost point (approximate latitude 30°15′57″ north, approximate longitude 81°43′36″ west) of the peninsula that forms the northern shoreline of the Cedar River for the buffer along the western shoreline and a 100-foot buffer along the western shoreline of Ortega Island, including all waters within 300 feet south of the centerline of the Ortega (Grand Avenue) Bridge and all waters within 300 feet of either side of the Roosevelt Boulevard Bridge;

8.

Julington Creek. All waters of Julington Creek within 450 feet of either side of the centerline of the San Jose Boulevard (State Road 13) Bridge and those waters within 300 feet of the general contour of the shorelines of Julington Creek and all associated waterways, east of the centerline of the San Jose Boulevard (State Road 13) Bridge and west of a line that bears 180° from a point (approximate latitude 30°07′59″ north, approximate longitude 81°36′02″ west) on the northern shoreline of Julington Creek at the mouth of Oldfield Creek;

(c)

25 mph. St. Johns River, Reddie Point to Hart Bridge Area. All waters of the St. Johns River outside of the slow speed areas designated in subparagraph (1)(b)4.

(2)

The width of the variable-width shoreline buffer referenced in paragraph (1)(b)6., above is as follows: The buffer includes at a minimum all waters within 500 feet of the general contour of the shoreline. Where there are docks that extend out farther than 300 feet into the waterway, the buffer extends out beyond the 500-foot line to include all waters shoreward of a line that runs 200 feet beyond and parallel to the dock line. The dock line is defined as a line that runs between the ends of successive docks.

(3)

Caution zones. Caution zones are hereby established for the following waterways:

(a)

Dunn Creek.

(b)

Broward River.

(c)

Trout River from I-95 Bridge to the headwaters.

(d)

Arlington River and Pottsburg Creek from inside the mouth of the Arlington River to the headwaters.

(e)

Cedar River from its mouth to the headwaters.

(f)

Ortega River from the Timuquana Bridge to the headwaters. Julington and Durbin Creeks from 300 feet east of the Hood Landing Boat Ramp to the headwaters.

(4)

Idle speed zone. An idle speed zone is hereby established in the waters of Goodby's Creek east of Day Marker #1 at the mouth of the creek.

(5)

The zones described above are coextensive with zones established by Rule 68C-22.027, Florida Administrative Code and are depicted on maps, entitled "Duval and Associated County Manatee Protection Zones" and attached thereto. In the event of conflict between the descriptions and map depictions, the above descriptions shall prevail.

(Ord. 97-651-E, § 5; Ord. 2000-937-E, § 2; Ord. 2004-956-E, § 3; Ord. 2007-125-E, § 1; Ord. 2007-730-E, § 2)

Sec. 387.104. - Exemptions.

(1)

Single-event exemptions from local speed restrictions within certain sections of the St. Johns River for the purpose of powerboat racing demonstrations, ski shows and similar events may be granted. The following conditions, limitations and procedures for application apply:

(a)

For each event for which an exemption is requested, an application for a variance from Rule 68C-22.027, Florida Administrative Code shall be submitted to the Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Tallahassee, FL 32399, and a copy of the variance application shall be submitted to the Jacksonville Waterways Commission, City Hall-St. James, Suite 425, 117 West Duval Street, Jacksonville, Florida 32202, at least 90 days prior to the event. In addition to information required by the F.S. Ch. 120 and State rules, the variance application shall clearly state:

(i)

The nature and scope of the boat race, ski show or other event, including estimated numbers and nature/configuration of vessels involved and maximum speeds anticipated.

(ii)

The specific area within which the event will be conducted described in the letter of application and depicted on a National Ocean Survey nautical chart;

(iii)

The month and day (if known) of the event; and

(iv)

Justification for holding the event within waters regulated for manatee protection, clearly demonstrating why no alternative site is suitable for the event.

(b)

Single-event exemptions from local speed restrictions will be considered only for events to be conducted along the St. Johns River between the Hart and Acosta Bridges and only for events to be conducted during daylight hours.

(c)

Upon receipt of a variance from the Florida Fish and Wildlife Conservation Commission and a letter from the Jacksonville Waterways Commission granting the exemption, the recipient shall comply with all nonexempt provisions of this Chapter and with all conditions and limitations of the variance issued by the Fish and Wildlife Conservation Commission and the nontransferable letter of exemption issued by the Jacksonville Waterways Commission, as well as with any specific notice requirements as may be requested by the Jacksonville Sheriff's Office. Failure to comply with the exemption conditions, and any finding of fraudulent use and/or application for said exemption, shall be cause for its immediate revocation, including suspension of exemption privileges prior to, or during, the exempted event.

(d)

The recipient shall also comply with all other conditions (and/or determinations issued concurrent with, or subsequent to, said letter-of-exemption) as may be specified by the U.S. Coast Guard and other appropriate State or federal authorities as they may relate to manatee protection.

(2)

Exemptions for commercial fishermen, fishing guides and others are provided in Rule 68C-22.003, Fla. Admin. Code, which is adopted by reference. Any person entitled to an exemption under that rule is exempt from comparable local restrictions.

(Ord. 97-651-E, § 5; Ord. 2000-937-E, § 3; Ord. 2007-730-E, § 2)

Sec. 387.105. - Penalties.

Unless exempt under Section 387.104, any person operating a motorboat in a manatee protection area in excess of the designated motorboat speed limit shall be guilty of a noncriminal offense punishable by a civil penalty of $50, which civil penalty shall be paid to the Tax Collector in a manner similar to the provisions for payment of civil penalties as prescribed by F.S. § 327.73. This Chapter may be enforced by officers of the Jacksonville Sheriff's Office, the Florida Marine Patrol, and the Florida Fish and Wildlife Conservation Commission.

(Ord. 97-651-E, § 5; Ord. 2000-937-E, § 1)

Sec. 386.303. - Reserved. Chapter 388 - BOATS AND WATERWAYS