As many of you who have been following the anchoring issues surrounding the new Florida Pilot Mooring Field Program already know, Monroe County, which includes all of the Florida Keys, is one of the pilot sites that has been selected by the Florida Fish and Wildlife Commission (FWC). As reported earlier here on the Cruisers’ Net, a series of three public forums were held in mid-June (2011), to allow public input into any anchorage regulations that might be established in the Florida Keys associated with the Pilot Mooring Field Program.
Our very special Florida Keys Correspondent, Captain Charmaine Smith Ladd, has spearheaded representation and reporting by the Salty Southeast Cruisers’ Net for these three sessions. Her detailed and very insightful account of these proceedings is found below. Captain Charmaine’s article makes for “can’t miss” reading!!

June 10, 2011

Pilot Program Stakeholder Workshops held in the Florida Keys: Summary
by Charmaine Smith Ladd

Key Largo, held June 7th.

Key Largo has a very small mooring field. The complaints were from a few homeowners who are being “harassed” by a small group of liveaboards (vessels that do not navigate the waters yet are inhabited) who have been moored in the same area for many years. Apparently, these undesirables have a long history of anti-social behavior and an equally long history of criminal activity and arrests. One individual has reportedly been arrested 17 times. Local law enforcement is very familiar with this small group of unsavory people. The FWC reiterated there are laws already in place to deal with such situations. This shows me that the Pilot Program in the Keys will not be swayed to be used as a tool for a few homeowners to rid waters of whom they rightfully or erroneously perceive to be “visual intrusions” or “unsavory characters.” With that said, the fact does remain that there are indeed such entities which do need addressing; but enacting ordinances restricting anchoring will unfairly impact the freedoms of all remaining responsible boaters in the process. That concept is simply unacceptable. For the most part, no one in Key Largo wanted ordinances prohibiting anchoring except a very small few who really want to get rid of what amounts to a personal problem between themselves and a particular group of liveaboards. That is not the purpose of the Pilot Program.

Marathon, held June 8th.

Following a slideshow presentation outlining the objectives of the pilot program and illustrating derelict boats, abandoned boats, and illegal moorings throughout the Keys, the floor was then opened to those who filled out comment cards and wished to speak. My name was called, so I was the first to speak. My focus was to be diplomatic and let them know the Pilot Program can be beneficial as long as it does not infringe on the rights of cruisers to anchor: which is the biggest concern of the SSECN cruisers as well as others I stood there to represent. I talked about Tourism dollars and its value in the Keys and how mainland Florida has a black cloud over it with its long list of documented incidences of officials unlawfully telling those wishing to anchor to move on or get their boats impounded. Then I emphasized the lack of trust in the Pilot Program and whether or not it will benefit a few while hindering the rights of the majority since the Pilot Program is exempt from adhering to the very FL Statute (327.60(2)) which protects a cruisers right to anchor. That is what troubles MOST.

Just because The Pilot Program allows local jurisdictions to enact anchoring ordinances, are they really necessary to fufil the objectives of the pilot program (derelict, abandoned, illegally moored vessels)? Of course not! If we allow the initiation of one anchoring ordinance then there will be more to follow. This is what is most troubling of all. There must be a better way. I then brought up the possibility of promoting the mooring fields and deterring anchoring of unskilled boaters by the idea of having those who anchor have liability insurance. This way anchored boats that cause damage would be responsible to reimburse loss incurred by others whether on land or water. Perhaps it would give pause to some who think anchoring is not a big deal. Later, I mentioned that perhaps lowering the short-term rates of the mooring fields so short-timers who come here to anchor would view the option more economically reasonable on their cruising budgets. The scale for payment is basically $21/day but half that if you stay for a month. Moorings down here in the Keys are expensive. $300/month (when including water and taxes) is more than many on the mainland pay for slips!

Rich Jones, member of the Near Shore Waters Advisory Committee, was seated at the presiding table with others from the Port Authority and City Council, seemed quite sincerely interested in these types of ideas and asked if we at SSECN would consider some type of proposed ideas to submit to the Marathon Commission. Of course I said “We’d love to!” This is why I am asking for reader input. Tell we here at SSECN what you think and what your ideas are.

There is still quite a bit of confusion as to how the Pilot Program shall proceed: Chairman of the meeting, City of Marathon Councilmember Pete Worthington asked for clarification: “Are we to have one ordinance for all in the Pilot Program?” A valid question, because the slide program did make reference to being under a “single ordinance.” But that has an entirely different meaning, apparently as the response of Captain Tom Shipp, FWC, (quoting from my memory so it is not verbatim), “No. Each area of the Pilot Program will do things differently. But the final decision is from the people who let their local Commission know their wants. It is you (pointing at the crowd) who makes the decisions. Or perhaps you all will decide to do nothing at all.” [Make no changes and keep things the way they are]. Well the applause showed that many here in Marathon think we don’t have any huge problems like Key Largo or Key West and bigger problems to resolve in our community than that of derelict vessels.

Many got up (all were boaters, not one homeowner voiced opposition or complaints) and voiced their concerns about some very valid subjects both during the meeting and during the Q&A session that followed. Some of the concerns from the public: ~Why is there not someone from the cruising or living aboard community involved in the ordinance proposal process?~ A derelict vessel did not begin as a derelict vessel, it once was a new boat. There will always be boats that become derelict. The thing of importance is to find a way to facilitate disposal in an economic fashion.~ When one of the Commission panel asked “Why do people anchor rather than take a mooring?” She became enlightened in many ways with responses such as: ~How would anyone feel if their home mortgage doubled, could you pay in this economy; someone who anchors and pays the City Marina for facilities pays half of what a mooring ball costs but still complies in every way with laws. ~ Many are living on fixed incomes and retired, where does the money come for them to have to move to a mooring ball?~ And the one I loved most had nothing to do with economics but that it is a dream to live aboard one’s vessel and have the freedom to traverse the waters. For many, it’s a lifestyle choice. Anchoring affords one more privacy and the feeling of freedom.

No one here in Marathon wants to be forced onto a mooring and they don’t want anchoring ordinances at all. City of Marathon Marina and Ports Manager Richard Tanner went on the record and emphatically stated he would never get rid of anchorage in Boot Key Harbor nor would be ever be a party to anything that forces cruisers or liveaboards to take a mooring ball rather than anchor. This was HUGE for him to come out and say those words right there front and center for all to hear and see. It was a very proud moment for this writer, that’s for sure! Richard Tanner is a former liveaboard cruiser who loves this lifestyle and has enjoyed cruising the waters of the Keys and the Bahamas. He “Gets It.” He truly believes we can deal with derelict boats in some manner and not disrupt the lifestyle of those who live, sail, enjoy and respect the waters here. Tanner has done a remarkable job cleaning up Boot Key Harbor and improving the City’s Marina facilities and it shows!

We want to uphold the rights of cruisers and other responsible boaters who live aboard their vessels and are a part of the community to be able to anchor here. The focus again is on derelict and abandoned boats, illegal moorings, as well as promoting the use of mooring fields. The vast majority of those in the Keys are not the forceful type and appreciate the freedom offered by the cruising lifestyle. I truly believe that cruisers and responsible boaters of all types will continue to have the freedom to anchor in the Keys…but we can ensure that by letting the Commissions know what we want. They will draw up proposed ordinances. At the end of the meeting, Rich Jones of the Near Shore Waters Advisory Committee said nothing would be drawn up at this point and the next meeting to be scheduled he would email anyone who wished to attend. Sure enough, a sheet of paper for email addresses was on the table by the exit as we dispersed. This writer is impressed with the people from the City of Marathon who sit on that panel. They do care. They have concerns and there were issues mentioned by those in attendance of which I am sure they had not considered. But there is no doubt in my mind they are listening and they wish to be fair. That includes those representing the Florida Fish & Wildlife Conservation Commission (FWC). Both their representatives (Captain Tom Shipp and Officer Dupree) were attentive, knowledgeable, and informative. They do care! Officer Dupree mentioned the possibility of an Amnesty Program for those with boats they no longer want. If brought to the attention of the FWC they may help dispose of the vessel as long as the person has proof of ownership. Encouraging!

Key West, held June 9th.

The mooring field of Key West is the least desirable of all. Key Largo has a very small mooring field but it does offer some protection from wind and fetch. However, Key West is open to the north and the nor’easters. It is not a safe mooring field as far as being sheltered from bad weather. In that regard, I cannot imagine one being forced to use it, nor can I see those in Key West opting to enlarge it. It doesn’t get much use now and I don’t see that changing.

The Pilot Program states its objectives to clean up illegal moorings (mostly a problem in the Boca Chica and Key West area), promote the use of the mooring fields, etc., but in my mind the biggest gain of the Pilot Program is that it allows them to regulate anchoring as a means to rid our Harbors of the undesirables and their derelict vessels. Those same derelict vessels become abandoned vessels when they lose their lives to their unhealthy lifestyle or finally move along…but then the vessel sits for someone else to come along and claim it. Much like human hermit crabs. But why should their problems impact those who are doing the right thing and are not part of the problem? It is understandable that the homeowners of Key West have a much larger problem as more derelicts are brought there every time Jimmy Buffet sings the irresponsible dream of “wasting away in Margaritaville.” Some take it to heart: we call it “Keys Disease.”

I have not heard back from anyone who attended the meeting in Key West, but believe we all can understand the problems there and that the solutions need not extend and infringe upon law-abiding citizens and cruisers who travel there. In all the Keys, Marathon is actually what is seen as “the model.” We are in much better shape with regard to the problems seen in Key Largo and Key West. But understandably so…ask anyone in the midwest about Key Largo or Key West and they recognize it…but few have ever heard of Marathon! Though we were mentioned in the movie “Red Dragon,” few knew Marathon, FL is in the heart of the Florida Keys.

Conclusion:

But if not enough thought is put into finding a solution to the problems, the easiest remedy will no doubt be to restrict anchoring by everyone under some ordinance.
We are not children and this is not kindergarten where a few children behaving badly cost the entire class their daily enjoyment of recess on the playground! We need to find a way to handle derelict vessels in the boating community.

There are public health issues aboard these derelict vessels. It is probably at its worse in Key West and Boca Chica. Why not use the same methods we use on land to deal with these issues? Those found living in squalor and in houses that are falling apart can be dealt with on land…so why not on the water as well? Perhaps a minimum standard of living conditions can be broadened to encompass whether or not a boat is legally inhabitable. Just as a property on land can be condemned, why not a boat? Boats which are not taken care of leak. Leaks bring mold. Mold is unhealthy. Captain Marti Brown spoke at the Marathon meeting and brought up some great points about understanding those living in such an unhealthy manner. She had lived aboard her vessel for years and recently purchased a home on land so she is no longer a cruiser. However, as a professional in the nursing industry, she told of the conditions of squalor she has seen first hand on land during her times serving as a visiting home nurse. She knows first hand what the economic crisis has done to people both on land and on the water. Key West and the Keys in general is ripe for those under economic duress to flock here. We need viable solutions to the ever growing problem of derelict boats inhabited by people who are not stable and have given up on being responsible to themselves and others. When one doesn’t care about their own welfare, they often have also long given up worrying about abiding by local laws. They are at the end of their rope. Anchoring ordinances will not solve this problem.

In the Keys, none of the panels overseeing these meetings wants to be unfair to cruisers. This is a big relief to those of us in the Keys and to those who want to cruise to the Keys, as we realize there are no other waters like the Keys in the United States. But often times the powers that be will take the easiest and fastest course of action as a means to an end, even if that steps on the rights of the law-abiding majority. That is the problem we face and in this writer’s assessment, why we have the Pilot Program and why we must keep it from unnecessarily overreaching. This is why YOUR voices and written word have to be heard and read by those who will draw up ordinances based on your input.

I believe the officials here in the Keys “Get It.” And that’s a wonderful thing. In the meantime, remember this is just Monroe County. We in the Keys are further off the grid and are much more laid back as most of the Caribbean. Those of you who want to anchor around the Florida mainland had better get your voices or written word out there. That is where there is truly serious jeopardy to cruisers and their rights to anchor–as the Pilot Program is exempt from the very FL Statute which protects a cruisers right to anchor without being subject to ordinances outside of mooring fields. Like Sarasota! You may wake up to find zero anchoring in Sarasota one day. Stuart, Florida was named the other night as the last of the five sites. My hope is that the Keys be a model of how the Pilot Program can work to help smooth out the problem areas and leave cruisers out of the loop of anchoring regulation by not enacting unnecessary ordinances.

We just have to keep the Pilot Program from overreaching and being manipulated by the self-serving few to the detriment of the majority. Please share your comments. If you write here at SSECN, Claiborne will be happy to forward your comments on your behalf. Please include your full name and city. You need not be a Floridian to have a say about waters put in the hands of the Public Trust for all of America and the world to “sea.”

Charmaine Smith Ladd
SSECN Special Correspondent, Florida Keys
“Bringing you the low down from down low!”
http://www.SeptemberSea.com

Good reporting job Charmaine. As you said, having boaters involved in the proposal process will make us all feel better, but in how many places must this be done?
I picked up the following from http://myfwc.com/boating/anchoring-mooring/pilot-program/
`[FWC shal] Coordinate the review of any proposed ordinance with the department; the United States Coast Guard; the Florida Inland Navigation District or the West Coast Inland Navigation District, as appropriate; and associations or other organizations representing vessel owners or operators.’
That seems like another key safeguard. FWC must approve and FWC must include boater organizations in the review. What organization though? Cruisersnet.net just doesn’t qualify as an organization. How about SSCA? ssca.org They have a good record on lobbying, a big membership and a big membership.
Dick Mills

Thank you so much for your comments, as this is what we need. In response to Dick Mills’ question: The organizations will most likely be Boat US, NMMA (National Marine Manufacturers Association), SSCA and similar groups. The same ones that sold us all out when we had the momentum and no Pilot Program. Instead of listening to what the public overwhelming wanted, these Groups `compromised’ supposedly on our behalf. This is not what we want to see happen again. We all need to write these organizations as well. I will try to find out exactly which organizations to which FWC refers. It should not be the organizations but what the PUBLIC wants that matters. Organizations do not always act in our best interest, as politics tend to play a big part at our expense. There were a number of resignations from some of these boater advocacy groups over this very issue. Some saw that they were not acting in the best interest of boaters but caving in to politics.
Charmaine Smith Ladd
SSECN Special Correspondent, Florida Keys
“Bringing you the low down from down low!”
http://www.SeptemberSea.com

I was at the meeting in Marathon and they did not seem to be able to tell us where they were going with this ordinance. This bothers me too. i put the Monroe County website on other cruising forums and urged others to email them. They should not hold these workshops in the summer when most cruisers are not in the area. The cruising community is lucky to have Charmaine as she speaks so well for us
Dave C.

In response to Dave C.: Thank you for your most kind comment, it is appreciated. At this point, no ordinances are being drawn up in Marathon, but they want our input. There will be followup meetings to discuss possibilities. A sheet of paper was provided for email addresses so that we could be alerted as to when the followup meetings would be held. If you wish to be added to that list, I would recommend contacting Rich Jones of the Near Shore Waters Committee via the City of Marathon website. What I would love is an online forum for public input. Most cruisers are not here in the summer and will not be able to attend these most important meetings. An online forum would be ideal. I will pass that notion on to Rich Jones. Again, many thanks Dave. Don’t give up on this and think it is a done deal. I truly believe Marathon wants to do the right thing. We have to do our part to help guide this in the right direction that is fair to all.
Charmaine Smith Ladd
SSECN Special Correspondent, Florida Keys
“Bringing you the low down from down low!”
http://www.SeptemberSea.com

Thank you for the coverage of the Pilot Program Stakeholder workshops. My husband Scott and I have completed two America’s Great Circle Loops and now cruise southern waters in the winter, so we truly do have a stake in what occurs. I agree with Charmaine’s assessment that Boot Key Harbor as adminsitrated by the City of Marathon sets the quality standard for mooring fields in the Keys and anywhere else in Florida, for that matter. On the mainland, Fort Myers Beach also does a very nice job. Having stayed for prolonged periods of time anchored and on a ball in Marathon as well as trying out the balls during the nasty winter of 2010 in Key West, I support the `if it ain’t broke don’t fix it’ theory and am deeply appreciative of Richard Tanner and staff. FYI for anyone seeking background info on the mooring fields: In Feb. and March 2011, my articles on Key West and Marathon mooring fields appeared in Southwinds magazine http://www.southwindsmagazine.com
In Winter/Spring 2012, I will be focusing on mooring field info in Fort Myers Beach and Naples ‘“ and we also hope to pay a visit to Key Largo. See you on the water and in the meantime, please keep the updates coming!
Cyndi Perkins

Thanks Charmaine for a great report and for representing the cruising community. I personally prefer to anchor out for many reasons. I do not think a requirement for liability insurance is a good idea because it inevitably means that someone would have to register to anchor, filling out forms, etc. Someone would have to administer the paperwork. That someone would have to be paid. So, there would have to be a fee. And then of course someone else would have to enforce this regulation, meaning more intrusion and more fees. That is exactly the type of stuff those of us who anchor want to get away from. Frankly, for me, having to register to anchor someplace is just as effective at making me go someplace else as is forcing me to pick up a mooring. One point I would have made at the meetings is that the perception that anchoring is somehow only done by lowlifes is ridiculous. My 38-footer carries anchoring gear worth more than $4000. I don’t drag all that stuff around just for kicks’“I know and trust my gear, and I prefer to use my own gear. I have personally witnessed the failure of many commercial moorings. They get abused. I don’t trust them, and obviously those that install them don’t want any liability if something goes wrong because they make you sign a waiver for the privilege of using their equipment, even though you must pay to do so. I’ve already paid for my $4000 worth of anchoring gear, thank you.
John Kettlewell

John:
I agree with you. My idea of the possibility of requiring liability insurance for those who anchor was proposed as a means to an end of addressing the problem of costs associated with boats causing damage to the property of others (especially land and homeowners). This is one of the main complaints: cleanup and disposal costs of boats abandoned after storms/hurricanes. Liability insurance would address that; however, in reality, the procedural costs of implementing and enforcing such an ordinance has its issues as well.
Moorings are not infallible because people make mistakes. I have seen firsthand many a boat break free from their mooring due to the inexperience of the person using the mooring and not protecting rode from chafe. I have also seen mooring failures. I agree with you again.
The bottom line here is to put forth ideas that are reasonable compared to the unreasonable idea of replacing anchorages with mooring fields as a solution to problem issues. Boats which do not navigate Florida waters (we all know which ones they are) can already be subject to local ordinances. My goal is to get the powers that be to use laws already on the books to address only those real problems (derelict and abandoned boats) and not include any restrictions whatsoever on cruisers (boats that navigate). Our freedom is at stake here’“as you say, the Spirit of Cruising is in jeopardy.
Therefore, bouncing any and all ideas out here for all to think about and add their input may very well be what is necessary for all to see the fact that we don’t have to ruin the spirit and freedom of cruising to address the real problems and issues of derelict and abandoned vessels. Overreaching is not necessary. As we bring up ideas and then illustrate the impracticality of each one’¦we get one step closer to retaining our freedom, because the alternatives are neither reasonable or necessary to ensure the success of the objectives of the Pilot Program.
There is no reason to inconvenience or make law-abiding, responsible boaters feel unwelcome in Florida waters. Unnecessary rules and regulations will do just that. It is not what any of us want.
Many thanks for your input, John. You are a valuable asset to the cruising community. This type of feedback is exactly what we need (I mean that for everyone who is participating). Keep it coming, people. When we stand together we can do anything.
Charmaine

Keep writing your protests to boating organizations and directly to the Florida Fish & Wildlife Commission (FWC). There is power in numbers. We do not have to let anchoring restrictions become a reality. Even though this is a Pilot Program and the aim is to explore different options and compare them, the entire Program could be scrapped in the end. Florida does not want to be known as the `Unfriendly Boating/Cruiser State.’
So let your voice be heard. Let the respective Pilot Program Commissions know that freedom on the water is imperative for ensuring optimal safety of crew and vessels in navigation. It also retains the true beauty of traveling by water: the last of the great freedoms in this country.
We cannot complain later about what may ultimately impact our rights to anchor if we do not speak up against it now. It is not a done deal just yet!
Hugs,
Charmaine