A bill introduced this week in Washington, D.C., aims to phase out certain single-use plastic products and hold corporations accountable for wasteful products they produce. Such legislation is good news for wildlife and inhabitants of our southeast coasts where plastic has become so invasive.
Bill Phases Out Many Single-Use Plastics
Coastal Review Online
This staff report is on the FWC February agenda and includes details outlining restrictions on anchoring in Florida waters. These setback distances are pertinent in light of Georgia’s recent extreme setbacks.
MEMORANDUM
To: Florida Fish and Wildlife Conservation Commissioners
From: Colonel Curtis Brown, Director, Division of Law Enforcement
Date: February 20, 2020
Subject: Staff Report – Anchoring and Mooring Pilot Program/Derelict Vessel Report
Purpose:
Provide a report on the results of the 2009 Anchoring and Mooring Pilot Program and the status of the
Derelict Vessel removal efforts.
Why:
How vessels are stowed, parked, and moored in Florida waters is a topic of great public interest across
Florida and staff want to ensure Commissioners are kept apprised of current activities in this area and the
most recent information on Derelict Vessel removal efforts.
Top Points:
1. The 2009 Anchoring and Mooring Pilot program resulted in the capture of best practices in order to
recommend statewide changes to address issues legislatively.
2. Legislation was passed in 2017 as a direct result of a 242-page report sent to the Florida Legislature
and the Governor in January of 2017.
3. The status of FWC Derelict Vessel removal efforts is good, with the Grant Program receiving a
marked increase in participation after FWC grant rule changes went into effect on November 29, 2019.
Affected Parties:
The general boating public, local residents and waterfront property owners and many county and municipal
government partners responsible for derelict vessel removals within their jurisdiction
Summary:
The Anchoring and Mooring Pilot Program began as an effort to address growing conflicts between the
enjoyment of Florida’s waterways and the activities of anchoring and mooring upon state waters. This effort
began in 2006 when stakeholder concerns were brought to the Commission. Staff sought the advice of the
Florida Boating Advisory Council (BAC) in April 2007. The BAC suggested that the Commission seek
clarification from the Florida Legislature on the appropriate roles of local and state authority to regulate
vessels.
At the June 2007 Commission meeting, staff was directed move forward with requesting clarification from
the Florida Legislature as recommended by the BAC. Public input on anchoring and mooring issues was
collected through 6 public meetings throughout the state attended by 273 stakeholders and a number of
common concerns were identified. Further stakeholder engagement with over 700 additional stakeholders,
resulted in a final recommendation which was approved by the Commission at their December 2008
meeting. This recommendation was submitted to the Legislature during the 2009 Legislative session and as
a result s.327.4105, Florida Statutes (F.S.) was enacted establishing authority to conduct an Anchoring and
Mooring Pilot Program.
FWC was required to submit a report on the pilot program findings and recommendations to the Governor,
the President of the Senate, and the Speaker of the House of Representatives by January 1, 2014. The pilot
program and all ordinances adopted under the program would have expired on July 1, 2014; however, it was
reenacted and extended by the Legislature with a new expiration date of July 1, 2017, and a requirement for
an updated report to be submitted by January 1, 2017. The 2017 legislative session produced s. 327.4109
F.S., which regulated anchoring or mooring by:
• Establishing a 150-foot setback for anchoring around marinas, boat ramps, boat yards and other
vessel launching or loading facilities;
• Establishing a 300-foot setback from anchoring around any superyacht repair facility;
• Establishing a 100-foot setback from anchoring around the outward boundary of a marked public
mooring field. Anchoring within a public mooring field was prohibited outside of the established
exemptions within the statute.
• Prohibited tying to an unpermitted object attached to the water bottom (to prevent the proliferation
of unpermitted moorings statewide).
• Making all of these new violations noncriminal infractions punishable for a first offense, up to a
maximum of $50, for a second offense, up to a maximum of $100, and for a third or subsequent
offense, up to a maximum of $250, and included them in the list of mailable citations.
In addition, other legislative changes included the addition of the effective means of propulsion for safe
navigation test as a way to reduce the change of a vessel becoming derelict and increasing the penalty
section for expiration of vessel registration to require a mandatory court appearance and a $500 fine for
second and subsequent violations after 6 months. Local governments were also given authority to
implement a proof of pumpout ordinance for vessels at anchor in a public mooring field for a period of 10
consecutive days of more. This provision was contingent upon the availability of pumpout facilities within
the jurisdiction establishing the program. Finally, changes were made to the derelict vessel statute to allow
for actual notification of a derelict vessel in person as opposed to notification by certified mail and the
ability to freeze the title of a derelict vessel to prevent the sale of the vessel while in a derelict condition.
The update on Derelict Vessels will include an overview of the Grant program including the number of
Grant applications received, executed contracts, vessels scheduled to be removed and the amount of funding
obligated for removal.
Staff Recommendation:
No action is requested at this time, but input from Commissioners is welcomed.
Staff Contact and/or Presenter:
Major Robert Rowe, Section Leader, Division of Law Enforcement, Boating and Waterways Section
News you can use from NOAA Planet Stewards.
Planet Stewards Program – The Watch – February 12, 2020
Our thanks to James Newsome and Ted Arisaka for sharing their mathematical musings on prohibited anchoring acreage contained in Georgia HB 201.
So my friend James Newsome (co founder of Facebook Group “Save Georgia’s Anchorages” https://www.facebook.com/groups/SaveGeorgiasAnchorages/ ) and I were ruminating about the impact of a single structure of a waterfront property owner now taking exclusive control of a huge swath of waterway and prohibiting anchoring.
We believe the structure now causes unreasonable obstruction to navigation and have started discussions with US Army Corps of Engineers as they have a role in administering the permitting process for these waterfront structures under PGP0083 – but that’s a topic for another day.
A semi circle defined by a radius of 1000ft off a waterfront property owner’s structure is 36 acres.
So how can we picture one acre? A football field is approximately 1.32 acres.
(Ref: https://www.stack.com/a/how-many-acres-is-a-football-field)
So 36 Acres / 1.32 Acres per football field = 27.3 football fields!
I’ve heard about unsportsman like conduct when one kid takes the bat and ball and goes home and ends the game for everyone. Looks like this time the one kid is taking the bat the ball and 27 football fields away to end the game for everyone.
For those of you interested in the math:
A semi circle with a 1000ft radius from a structure is equivalent to 36 acres.
Area of a circle = p r2 so 3.14 * (1000ft)2 = 3,140,000 square feet
1 acre = 43560 square feet
So the area of that semi circle = 3,140,000 sq ft / 43560 sq ft per acre / 2 = 36.0 Acres
A football field is approximately 1.32 acres.
(Ref: https://www.stack.com/a/how-many-acres-is-a-football-field)
36 Acres / 1.32 Acres per football field = 27.3 football fields
Bahamas Chatter is produced by Explorer Chartbooks, A CRUISERS NET PARTNER, which has long been the standard navigational supplement for enjoyable, informative, and safe cruising through the beautiful Bahamian waters and island visits.
Bahamas Chatter: Bad Electronic Chart
Posted: 10 Feb 2020 03:18 PM PST
This is from a cruising yachtsman in The Bahamas this month:
Here is another “oops” story!
We met a sailor who has a large power catamaran.
He loves to anchor at the south end of Big Farmers Cay.
He told us he took a short cut to get out of the anchorage and ran aground and had to power through the sand to get out. We couldn’t believe he even tried it. He said his plotter showed 7 feet there and he had a Garmin. We insisted he come aboard and look at the paper Explorer charts (which he had, but left home). He was amazed that the data on the plotter was not the same as the chart. He also said he had his iPad aboard but he had updated it and lost the Explorer charts on the Garmin Blue Charts app.
We included a screen shot of Navionics for that area and he ran aground north of the wreck while trying to jump the bar. Navionics shows 7’.. .
We explained to him that Explorer data was no longer on that Garmin plotter.
We told him he should be using his eyeballs but he trusts his instruments. We explained why that doesn’t work in a Bahamas boating scenario!!!
So much of what is depicted here in this Navionics chart is pure fiction & makes us wonder how this data was accumulated. It is a physical impossibility that a boat had occupied the position north of the wreck & recorded a sounding of 7.7 or 9.2’unless they were there on 10’ high tide & forgot to apply a tidal offset. The Explorer chart shows “Sand nearly dry a low Water”.
NOTE from Explorer: If you have a Garmin chart plotter with data before February 2019, (BlueChart G2) that is Explorer data. After Feb. 2019 (G3) is Navionics, NOT Explorer data.
BoatUS has taken up the cause of boaters urging the repeal of an extremely restrictive anchoring law recently enacted by the Georgia legislature. See Save Georgia’s Anchorages.
BoatUS Calls On Georgia Governor to Fix
Draconian Anchoring Law: Asks Boaters to Speak Up Now
Legislation greatly restricts the right to anchor
ATLANTA, Feb. 6, 2020 – In a letter sent recently to Georgia Governor Brian Kemp, Boat Owners Association of The United States (BoatUS) urges the governor to reconsider regulations recently put in place restricting overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. The national advocacy, services and safety group also asks recreational boaters to send a message now to the state of Georgia regarding the new prohibitive anchoring law.
With 16,000 BoatUS members in the state, BoatUS Vice President of Government Affairs Chris Edmonston says in the letter that the new rule effectively removes from public use a significant portion of the state’s waters, representing a departure from the long-held public trust doctrine.
With little notice or engagement with boating stakeholder groups, the Georgia Legislature approved, and the governor signed, House Bill 201 in the 2019 session. This legislation directs the Georgia Department of Natural Resources (DNR) to develop rules regarding the anchoring of vessels in estuarine areas of the state. Georgia DNR then proposed a rule that raised significant concerns with the boating community, including BoatUS and the grassroots group Save Georgia’s Anchorages, which was created in response to the draconian law.
Said Edmonston, “This 1,000-foot offset needlessly eliminates anchorages all over the state. It will affect numerous boaters, many of whom transit Georgia waters as part of the annual migration along the Intracoastal Waterway. There is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public. Boating and fishing are the second largest outdoor recreational activity in Georgia, bringing in well over $500 million a year in economic activity. Eliminating scores of anchorages will put a severe damper on this very important economic driver to many coastal areas that gain from boater spending.”
Edmonston notes DNR did create so-called “Marina Zones” that allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. “This can only lead to the conclusion that the reason for the greater offset from privately owned structures outside these zones was to provide waterfront landowners with near exclusive use and enjoyment of our shared waterways,” said Edmonston.
BoatUS believes the final rule runs counter to the public trust doctrine as codified in Georgia Code § 52-1-2 (2015) which states: “The State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine.” BoatUS notes the anchoring of vessels is an integral part of navigation.
2/12/20 Boating groups blast new anchoring rules as too restrictive
Savannah Morning News
Boats at anchor in Georgia under fire. Great photo by Craig Rowdon, member of FB Group "Save Georgia's Anchorages" who has allowed multiple media outlets to use his photo.
With a closed vertical clearance of 31ft, Ben Sawyer Bridge is the last bridge before Charleston Harbor when southbound. Opened in 1945, the Ben Sawyer Bridge serves as the connection from Mount Pleasant to Sullivan’s Island.
2 Your Roots: The Ben Sawyer Bridge
WCBD News 2
Click Here To Open A Chart View Window, Zoomed To the Location of Ben Sawyer Bridge
A number of years ago, we were passing through the bridge. I called the bridge operator and asked if she knew she had been voted the best bridge operator by an ICW user group. She was tickled pink, and I told her it was deserved. We have only passed through the bridge a half dozen times or so on our spring-fall migrations, and it was always a pleasant experience (even when I just missed it a couple of times).
Thank you, Roger, for this excellent letter and for your decision to address each legislator – a very good idea. Cruisers Net joins Roger and others in encouraging you to write to the Georgia legislature protesting HB 201 and urging the passage of HB 833. Roger Long is a lifelong cruiser and frequent contributor to Cruisers Net.
Larry,
It was a lot of cut and pasting work but I addressed each GA house member individually. I think having just one name in the “To” line instead of a hidden list or long string of email addresses gets more attention. I already received a reply, on the same day, from one legislator who said he would go and talk to the sponsors of HB 833.
Roger
Subject: Protect Georgia Water Quality – Support HB 833
I am a former Harbormaster in Maine, responsible for managing anchoring and mooring as a member of the police department in my home town. I am a twice yearly visitor to Georgia as we cruise through on our boat and have observed boating practices and harbor management in the majority of ports between Halifax, NS and southern Florida. I have also served on the boards of two water quality environmental organizations of which I was a founding member.
I have followed with horror the anchoring imbroglio your state has created not only as unnecessary infringement of boater’s rights but as being counterproductive to both resource protection and navigation issues I used to deal with professionally. The only positive effect of the current law will be to please waterfront property owners. This will come at the cost of economic damage to Georgia marine business. The effects on water quality in the state will actually be detrimental for reasons too long to go into here. I would be glad to explain my reasoning on this if contacted.
HB 833 will correct this situation and help alleviate the economic and environmental damage that last year’s bill will create. urge you to support and vote for HB 833.
Roger Long
M/V “Gypsy Star”
Hi Roger, My name is Scott Draper. I will be working at the Georgia Legislature in support of HB833. I am interested in which elected officials you heard back from, and their response. Thanks, Scott
Once again by sharing his research, Ted Arisaka continues to be very active through FB Save Georgia’s Anchorages in seeking to repeal Georgia HB 201 which restricts anchoring in Georgia’s coastal waters. See Open Letter.
I had seen some posts, most notably by FB “Save Georgia’s Anchorages” group member Bill Ballard (thank you Bill), questioning the seeming conflict between Federal and State designations for the area on Skidaway River around the Isle of Hope as well as on the Frederica River just south of Morningstar Marina Golden Isles.
I was able to load the GA DNR KMZ Files (w/their opacity down to 50%) on top of NOAA RNC maps onto Google Earth Pro (further information in the Addendum).
The anchorage ground known as “110.179 Skidaway River, Isle of Hope, Ga.” can be found in the CFR Title 33 – Navigation and Navigable Waters, Chapter 1 – Coast Guard, Dept of Homeland Security, Subchapter I – Anchorages, Part 110 – Anchorage Regulations, Subpart B – Anchorage Grounds, Section 110.179 – Skidaway River, Isle of Hope Ga.
(Ref: https://www.govinfo.gov/content/pkg/CFR-2012-title33-vol1/pdf/CFR-2012-title33-vol1-sec110-179.pdf)
In layman’s terms, it defines the anchorage area, sets a 50ft setback off wharves and MLW Line, cannot impede navigation, limits LOA to 65’ and sets a speed limit of 5 mph. It is designated as a “Special Anchorage Area” and in Part 109 – Special Anchorage Areas, stipulates vessels < 65ft do not need to display an anchor light.
You can see how the red GA DNR “300ft Marina Buffer” no anchoring zones overlap with the federally designated anchorage 110.179 as indicated on the NOAA RNC Chart.
Figure 1 Google Earth with NOAA and GA DNR Zones Isle of Hope
The anchorage known as “St. Simons Island, Georgia” can be found in the CFR Title 33 – Navigation and Navigable Waters, Chapter 1 – Coast Guard, Dept of Homeland Security, Subchapter I – Anchorages, Part 110 – Anchorage Regulations, Subpart B – Anchorage Grounds, Section 110.72b – St. Simons Island, Georgia.
(Ref: https://www.govinfo.gov/content/pkg/CFR-2012-title33-vol1/pdf/CFR-2012-title33-vol1-sec110-72b.pdf)
Again in this case you can see how the red GA DNR “300ft Marina Buffer” no anchoring zones overlap with the federally designated anchorage 110.72b as indicated on the NOAA RNC Chart.
Both red zones currently encroach upon the federal anchorages and cause confusion for the vessel operator and law enforcement as to which laws prevail.
I corresponded jointly with Georgia DNR Coastal Resource Division and NOAA Office of Coast Survey and I am happy to report that I received clarification yesterday (2/7/20) on this matter with the following statement from GA DNR CRD:
“Hello Mr. Arisaka,
The USCG designated Special Anchorage Areas (as you’ve identified adjacent to Isle of Hope Marina in Chatham County and Morningstar Golden Isles Marina in Glyn County) prevail over state designated anchorage areas.
Thank You,
(name redacted)”
I made a followup inquiry as to how this would be updated on the GA DNR Website depicting these zones (especially now that they have switched the base map to the NOAA RNC charts) and await their response.
I’d like to thank our state and federal agencies for working together to bring clarity to this one aspect of the new Georgia anchoring regulations.
To access NOAA resources to overlay RNC charts onto Google Earth visit this site:
For a great tutorial on how to do this on YouTube by David Burch of Starpath Navigation visit:
To download the Georgia DNR Zones in KMZ Format:
https://coastalgadnr.org/Liveaboards
Absolutely well done research and presentation.
With Ted’s permission every cruiser who has ever and would like to continue to anchor while going through Georgia, should sent this to all Georgia legislators and governor. Well done Ted. I salute you !
Thank you for the kind words and the ongoing support.
Hillel is attributed for the saying "If I am not for myself, who is for me? But if I am for my own self [only], what am I? And if not now, when?" This is every boaters fight!
Here is the contact information for our representatives who are either sponsoring HB833 or on the committee that will be voting on it. (This contact information is all publicly available, I am just facilitating the process of sending the email.)
timothy.barr@house.ga.gov debra.bazemore@house.ga.gov debbie.buckner@house.ga.gov michael.caldwell@house.ga.gov john.corbett@house.ga.gov robert.dickey@house.ga.gov karla.drenner@house.ga.gov terry.england@house.ga.gov pat.gardner@house.ga.gov sheri.gilligan@house.ga.gov michele.henson@house.ga.gov don.hogan@house.ga.gov angelika.kausche@house.ga.gov tom.mccall@house.ga.gov greg.morris@house.ga.gov randy.nix@house.ga.gov mary.robichaux@house.ga.gov lynn.smith@house.ga.gov vance.smith@house.ga.gov ron.stephens@house.ga.gov jan.tankersley@house.ga.gov kevin.tanner@house.ga.gov mable.thomas@house.ga.gov sam.watson@house.ga.gov maryfrances.williams@house.ga.gov noel.williams@house.ga.gov
Cruisers Net joins Kim Russo and AGLCA in urging you to contact legislators asking for a repeal of HB 201 and for their support of HB 833.
It’s time to send more emails, please!
As we’ve reported Gold Looper and Georgia State Representative, Ron Stephens, has filed a bill (HB 833) to eliminate the problems with the state’s new anchoring regulations. HB 833 (attached) would, among other things, take away power afforded to DNR during the 2019 legislative session to determine where boaters can anchor. On January 1st, rules took effect that prohibit anchoring within 1,000-feet of structures such as public and private docks, wharves, bridges, piers and pilings. HB 833, if it becomes law, lowers that distance to 150-feet.
(See this BoatU.S. press release for a good summary of the issue.)
HB 833 will be heard soon before the Georgia House of Representatives Natural Resources and Environment Committee. We need as many boaters as possible to email the members of this committee. Following is a list of those committee members and their email addresses, as well as a sample email you may customize for your use:
House Natural Resources and Environment Committee
Lynn Smith, Chairman- Lynn.Smith@house.ga.gov
Vance Smith, Vice Chairman- Vance.Smith@house.ga.gov
Don Hogan, Secretary- Don.Hogan@house.ga.gov
Timothy Barr, Member- Timothy.Barr@house.ga.gov
Debra Bazemore, Member- Debra.Bazemore@house.ga.gov
Debbie Buckner, Member- Debbie.Buckner@house.ga.gov
Joe Campbell, Member- Joe.Campbell@house.ga.gov
John Corbett, Member- John.Corbett@house.ga.gov
Robert Dickey, Member- Robert.Dickey@house.ga.gov
Karla Drenner, Member- Karla.Drenner@house.ga.gov
Terry England, Member- Terry.England@house.ga.gov
Pat Gardner, Member- Pat.Gardner@house.ga.gov
Sheri Gilligan, Member- Sheri.Gilligan@house.ga.gov
Angelika Kausche, Member- Angelika.Kausche@house.ga.gov
Tom McCall, Member- Tom.McCall@house.ga.gov
Greg Morris, Member- Greg.Morris@house.ga.gov
Randy Nix, Member- Randy.Nix@house.ga.gov
Richard H. Smith, Member- Richard.Smith@house.ga.gov
Jan Tankersley, Member- Jan.Tankersley@house.ga.gov
Kevin Tanner, Member- Kevin.Tanner@house.ga.gov
“Able” Mable Thomas, Member- Mable.Thomas@house.ga.gov
Sam Watson, Member- Sam.Watson@house.ga.gov
Mary Frances Williams, Member- MaryFrances.Williams@house.ga.
Noel Williams, Jr., Member- Noel.Williams@house.ga.gov
Sample Email for you to customize:
I urge you to support Georgia House Bill 833, which corrects the unintended consequences of Georgia House Bill 201 passed in 2019. HB 201’s implementation rules issued by the Department of Natural Resources restrict overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. This is an egregious infringement on my ability to enjoy Georgia’s waterways and a failure to honor the public trust doctrine. Further, there is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public.
Please support HB 833 and work with all stakeholders to protect the public’s right to free navigation.
In addition, HB 833 needs a companion bill in the Senate. Please email the Georgia Senators that represent the coastal districts and urge them to file a companion bill. Following is a list those Senators and their email addresses, as well as a sample email you may customize for your use:
Senator Ben Watson, District 1, ben.watson@senate.ga.gov
Senator William T. Ligon, Jr., District 3, william.ligon@senate.ga.gov
Sample Email for you to Customize:
I urge you to file a Senate companion bill to Georgia House Bill 833, which corrects the unintended consequences of Georgia House Bill 201 passed in 2019. HB 201’s implementation rules issued by the Department of Natural Resources restrict overnight anchoring within 1,000-feet of any structure, such as public and private docks, wharves, bridges, piers and pilings, except in areas near marinas. This is an egregious infringement on my ability to enjoy Georgia’s waterways and a failure to honor the public trust doctrine. Further, there is no reasonable safety or waterway-management reason for taking such a significant swath of state waters from the boating public.
Please support HB 833 by filing a companion bill in the Senate, and work with all stakeholders to protect the public’s right to free navigation.
Thank you all for your help. If you’re near Atlanta, or can get there for a hearing, please watch this forum thread. We’ll be posting soon about when the House Natural Resources and Environment Committee with hear this bill!
-Kim
Kim Russo
Director
America’s Great Loop Cruisers’ Association
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