| 1 | Representative Harrington offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove the entire body and insert: |
| 5 | Section 1. Paragraph (s) of subsection (2) of section |
| 6 | 370.12, Florida Statutes, is amended, and paragraph (u) is added |
| 7 | to said subsection, to read: |
| 8 | 370.12 Marine animals; regulation.-- |
| 9 | (2) PROTECTION OF MANATEES OR SEA COWS.-- |
| 10 | (s) Except as otherwise provided in this paragraph, any |
| 11 | person violating the provisions of this subsection or any rule |
| 12 | or ordinance adopted pursuant to this subsection commits shall |
| 13 | be guilty of a misdemeanor, punishable as provided in s. |
| 14 | 370.021(1)(a) or (b). |
| 15 | 1. Any person operating a vessel in excess of a posted |
| 16 | speed limit shall be guilty of a civil infraction, punishable as |
| 17 | provided in s. 327.73, except as provided in subparagraph 2. |
| 18 | 2. This paragraph does not apply to persons violating |
| 19 | restrictions governing "No Entry" zones or "Motorboat |
| 20 | Prohibited" zones, who, if convicted, shall be guilty of a |
| 21 | misdemeanor, punishable as provided in s. 370.021(1)(a) or (b), |
| 22 | or, if such violation demonstrates blatant or willful action, |
| 23 | may be found guilty of harassment as described in paragraph (d). |
| 24 | 3. A person may engage in any activity otherwise |
| 25 | prohibited by this subsection or any rule or ordinance adopted |
| 26 | pursuant to this subsection if the activity is reasonably |
| 27 | necessary in order to prevent the loss of human life or aid a |
| 28 | vessel in distress due to weather conditions or other reasonably |
| 29 | unforeseen circumstances, or in order to render emergency |
| 30 | assistance to persons or a vessel in distress. |
| 31 | (u)1. Existing state manatee protection rules shall be |
| 32 | presumed to be adequate and additional rules unnecessary in a |
| 33 | region where the measurable biological goals developed pursuant |
| 34 | to s. 372.072 are being achieved. However, the presumption does |
| 35 | not prevent the commission from amending existing rules or |
| 36 | adopting new rules to address risks or circumstances in a |
| 37 | particular area or body of water to protect manatees. |
| 38 | 2. As used in this paragraph, the term "region" means one |
| 39 | of the four geographic areas defined by the United States Fish |
| 40 | and Wildlife Service in the Florida Manatee Recovery Plan, 3rd |
| 41 | revision (October 30, 2001). |
| 42 | Section 2. Section 370.1202, Florida Statutes, is created |
| 43 | to read: |
| 44 | 370.1202 Enhanced manatee protection study.-- |
| 45 | (1) The Fish and Wildlife Conservation Commission shall |
| 46 | implement and administer an enhanced manatee protection study |
| 47 | designed to increase knowledge of the factors that determine the |
| 48 | size and distribution of the manatee population in the waters of |
| 49 | the state. The enhanced study shall be used by the commission in |
| 50 | its mission to provide manatees with the maximum protection |
| 51 | possible, while also allowing maximum recreational use of the |
| 52 | state's waterways. The goal of the enhanced study is to collect |
| 53 | data that will enable resource managers and state and local |
| 54 | policymakers, in consultation with the public, to develop and |
| 55 | implement sound science-based policies to improve manatee |
| 56 | habitat, establish manatee protection zones, and maximize the |
| 57 | size of safe boating areas for recreational use of state waters |
| 58 | without endangering the manatee population. |
| 59 | (2)(a) As part of the enhanced manatee protection study, |
| 60 | the Legislature intends that the commission shall contract with |
| 61 | Mote Marine Laboratory to conduct a manatee habitat and |
| 62 | submerged aquatic vegetation assessment that specifically |
| 63 | considers: |
| 64 | 1. Manatee populations that congregate in the warm water |
| 65 | discharge sites at power plants in the state and the potential |
| 66 | risks for disease resulting from increased congregation of |
| 67 | manatees at these sites. |
| 68 | 2. Development of research, monitoring, and submerged |
| 69 | aquatic vegetation restoration priorities for manatee habitat in |
| 70 | and near the warm water discharge sites at power plants in the |
| 71 | state. |
| 72 | 3. The potential impacts on manatees and manatee habitat |
| 73 | if power plants that provide warm water discharge sites where |
| 74 | manatees congregate are closed, including how closure will |
| 75 | affect the size and health of submerged aquatic vegetation |
| 76 | areas. |
| 77 | (b) The Mote Marine Laboratory must submit an interim |
| 78 | report on the manatee habitat and submerged aquatic vegetation |
| 79 | assessment to the Governor, the President of the Senate, the |
| 80 | Speaker of the House of Representatives, and the commission by |
| 81 | September 1, 2006. The interim report must detail the progress |
| 82 | of the assessment. The final report, due to the Governor, the |
| 83 | President of the Senate, the Speaker of the House of |
| 84 | Representatives, and the commission by January 1, 2007, must |
| 85 | detail the results of the assessment and include recommendations |
| 86 | for protection of manatee habitat in warm water discharge sites |
| 87 | at power plants in the state. |
| 88 | (c) The commission shall ensure that funds allocated to |
| 89 | implement the manatee habitat and submerged aquatic vegetation |
| 90 | assessment are expended in a manner that is consistent with the |
| 91 | requirements of this subsection. The commission may require an |
| 92 | annual audit of the expenditures made by Mote Marine Laboratory. |
| 93 | Copies of any audit requested under this subsection must be |
| 94 | provided to the appropriate substantive and appropriations |
| 95 | committees of the Senate and the House of Representatives as |
| 96 | they become available. |
| 97 | (3) As part of the enhanced manatee protection study, the |
| 98 | Legislature intends that the commission must conduct a signage |
| 99 | and boat speed assessment to evaluate the effectiveness of |
| 100 | manatee protection signs and sign placement and to assess boat |
| 101 | speeds. The commission shall evaluate existing data on manatee |
| 102 | mortality before and after existing manatee protection zones |
| 103 | were established, boater compliance and comprehension of |
| 104 | regulatory signs and buoys, changes in boating traffic patterns, |
| 105 | and manatee distribution and behavior. The commission shall also |
| 106 | provide recommendations on innovative marker designs that are in |
| 107 | compliance with the federal aids to navigation system. The |
| 108 | signage and boat speed assessment must address: |
| 109 | (a) The effectiveness of signs and buoys to warn boaters |
| 110 | of manatee slow-speed zones, with a goal of developing federally |
| 111 | approved standards for marking manatee protection zones. |
| 112 | (b) A determination of where buoys may be used in place of |
| 113 | pilings for boating safety purposes. |
| 114 | (c) An evaluation of higher speed travel corridors in |
| 115 | manatee zones to determine the most effective speed to balance |
| 116 | safe boating, recreational use, vessel operating |
| 117 | characteristics, and manatee protection. |
| 118 |
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| 119 | The commission shall complete its signage and boat speed |
| 120 | assessment by January 1, 2007, and must submit a report of its |
| 121 | findings to the Governor, the President of the Senate, and the |
| 122 | Speaker of the House of Representatives by February 1, 2007. The |
| 123 | report must detail the results of the assessment and identify |
| 124 | specific recommendations for developing state and local policies |
| 125 | relating to the appropriate placement of signs, including |
| 126 | innovative markers, in manatee slow-speed zones. |
| 127 | (4) The commission is authorized to develop and implement |
| 128 | the use of genetic tagging to improve its ability to assess the |
| 129 | status and health of the manatee population, including the |
| 130 | health and reproductive capacity of manatees, estimating annual |
| 131 | survival rates through mark recapture studies, determining |
| 132 | migration patterns, and determining maternity and paternity. The |
| 133 | development and use of genetic tagging may be done in |
| 134 | cooperation with federal agencies or other entities, such as |
| 135 | genetic laboratories at schools within the State University |
| 136 | System. |
| 137 | Section 3. Subsection (6) of section 372.072, Florida |
| 138 | Statutes, is amended to read: |
| 139 | 372.072 Endangered and Threatened Species Act.-- |
| 140 | (6) MEASURABLE BIOLOGICAL GOALS.--No later than February |
| 141 | 15, 2003, the commission, working in conjunction with the United |
| 142 | States Fish and Wildlife Service, shall develop measurable |
| 143 | biological goals that define manatee recovery. These Measurable |
| 144 | biological goals that define manatee recovery developed by the |
| 145 | commission, working in conjunction with the United States Fish |
| 146 | and Wildlife Service, shall be used by the commission in its |
| 147 | development of management plans or work plans. In addition to |
| 148 | other criteria, these measurable biological goals shall be used |
| 149 | by the commission when evaluating existing and proposed |
| 150 | protection rules, and in determining progress in achieving |
| 151 | manatee recovery. Not later than July 1, 2005, the commission |
| 152 | shall develop rules to define how measurable biological goals |
| 153 | will be used by the commission when evaluating the need for |
| 154 | additional manatee protection rules. |
| 155 | Section 4. (1) Subject to an appropriation by the |
| 156 | Legislature, the Fish and Wildlife Conservation Commission shall |
| 157 | contract with Mote Marine Laboratory to conduct the manatee |
| 158 | habitat and submerged aquatic vegetation assessment as provided |
| 159 | in this act. |
| 160 | (2) Beginning in the 2004-2005 fiscal year, the sum of |
| 161 | $325,000 is appropriated from funds transferred to the Marine |
| 162 | Resources Conservation Trust Fund pursuant to s. 206.606(1)(d), |
| 163 | Florida Statutes, to the Fish and Wildlife Conservation |
| 164 | Commission for the purposes of conducting the signage and boat |
| 165 | speed assessment as provided in this act. |
| 166 | Section 5. This act shall take effect July 1, 2004. |
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| 169 | ================= T I T L E A M E N D M E N T ================= |
| 170 | Remove the entire title and insert: |
| 171 | A bill to be entitled |
| 172 | An act relating to manatee protection; amending s. 370.12, |
| 173 | F.S.; creating an exception from penalties for activities |
| 174 | that are otherwise prohibited if the activity is |
| 175 | reasonably necessary in order to prevent loss of human |
| 176 | life or aid a vessel in distress or render necessary |
| 177 | assistance to persons or a vessel in distress; directing |
| 178 | that existing manatee protection rules be presumed |
| 179 | adequate and additional rules unnecessary in a region |
| 180 | where measurable biological goals are being achieved; |
| 181 | providing that the presumption does not prevent the |
| 182 | commission from amending existing rules or adopting new |
| 183 | rules to address risks or circumstances affecting manatees |
| 184 | within that region; defining the term "region" for |
| 185 | purposes of the act; creating s. 370.1202, F.S.; requiring |
| 186 | the Fish and Wildlife Conservation Commission to implement |
| 187 | an enhanced manatee protection study; providing goals for |
| 188 | manatee protection research relating to decisions based on |
| 189 | sound science-based policies; directing the commission to |
| 190 | contract with Mote Marine Laboratory to conduct a manatee |
| 191 | habitat and submerged aquatic vegetation assessment; |
| 192 | providing requirements for the assessment; directing that |
| 193 | reports be made to the Governor, Legislature, and |
| 194 | commission which include recommendations based upon study |
| 195 | results; requiring an annual audit; directing the Fish and |
| 196 | Wildlife Conservation Commission to conduct a signage and |
| 197 | boat speed assessment of the effectiveness of signs |
| 198 | warning boaters of manatee slow-speed zones in the waters |
| 199 | of this state; providing requirements for the assessment; |
| 200 | directing the commission to prepare and submit a report to |
| 201 | the Governor, the President of the Senate, and the Speaker |
| 202 | of the House of Representatives; directing the commission |
| 203 | to make specific policy recommendations regarding signs in |
| 204 | manatee slow-speed zones; authorizing the Fish and |
| 205 | Wildlife Conservation Commission to develop and implement |
| 206 | a genetic tagging program for manatees; amending s. |
| 207 | 372.072, F.S.; requiring the Fish and Wildlife |
| 208 | Conservation Commission to develop rules not later than |
| 209 | July 1, 2005, which define how measurable biological goals |
| 210 | will be used when evaluating the need for additional |
| 211 | manatee protection rules; providing appropriations; |
| 212 | providing an effective date. |