| 2 | The Committee on Natural Resources recommends the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to manatee protection; amending s. 370.12, |
| 8 | F.S.; creating an exception from penalties for activities |
| 9 | that are otherwise prohibited if the activity is |
| 10 | reasonably necessary in order to prevent loss of life or |
| 11 | property or render necessary assistance to persons or |
| 12 | property; directing that existing manatee protection rules |
| 13 | be presumed adequate and additional rules unnecessary in a |
| 14 | region where measurable biological goals are being |
| 15 | achieved; providing that the presumption does not prevent |
| 16 | the Fish and Wildlife Conservation Commission from |
| 17 | addressing unique manatee issues within that region; |
| 18 | defining the term "region" for purposes of the act; |
| 19 | creating s. 370.1202, F.S.; requiring the commission to |
| 20 | implement an enhanced manatee protection study; providing |
| 21 | goals for manatee protection research relating to |
| 22 | decisions based on sound science-based policies; directing |
| 23 | the commission to contract with Mote Marine Laboratory to |
| 24 | conduct a Manatee Habitat and Submerged Aquatic Vegetation |
| 25 | Assessment; providing requirements for the assessment; |
| 26 | directing that reports be made to the Governor, |
| 27 | Legislature, and commission which include recommendations |
| 28 | based upon study results; providing for an annual audit; |
| 29 | directing the commission to conduct a Signage and Boat |
| 30 | Speed Assessment of the effectiveness of signs warning |
| 31 | boaters of manatee slow-speed zones in the waters of this |
| 32 | state; providing requirements for the assessment; |
| 33 | directing the commission to prepare and submit a report to |
| 34 | the Governor and the Legislature; directing the commission |
| 35 | to make specific policy recommendations regarding signs in |
| 36 | manatee slow-speed zones; authorizing the commission to |
| 37 | develop and implement a genetic tagging program for |
| 38 | manatees; amending s. 372.072, F.S.; requiring that |
| 39 | measurable biological goals for manatee recovery developed |
| 40 | under the Florida Endangered and Threatened Species Act be |
| 41 | used by the commission when evaluating existing and |
| 42 | proposed manatee protection rules; providing |
| 43 | appropriations; providing an effective date. |
| 44 |
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| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. Paragraph (s) of subsection (2) of section |
| 48 | 370.12, Florida Statutes, is amended, and paragraph (u) is added |
| 49 | to said subsection, to read: |
| 50 | 370.12 Marine animals; regulation.-- |
| 51 | (2) PROTECTION OF MANATEES OR SEA COWS.-- |
| 52 | (s) Except as otherwise provided in this paragraph, any |
| 53 | person violating the provisions of this subsection or any rule |
| 54 | or ordinance adopted pursuant to this subsection shall be guilty |
| 55 | of a misdemeanor, punishable as provided in s. 370.021(1)(a) or |
| 56 | (b). |
| 57 | 1. Any person operating a vessel in excess of a posted |
| 58 | speed limit shall be guilty of a civil infraction, punishable as |
| 59 | provided in s. 327.73, except as provided in subparagraph 2. |
| 60 | 2. This paragraph does not apply to persons violating |
| 61 | restrictions governing "No Entry" zones or "Motorboat |
| 62 | Prohibited" zones, who, if convicted, shall be guilty of a |
| 63 | misdemeanor, punishable as provided in s. 370.021(1)(a) or (b), |
| 64 | or, if such violation demonstrates blatant or willful action, |
| 65 | may be found guilty of harassment as described in paragraph (d). |
| 66 | 3. A person may engage in any activity otherwise |
| 67 | prohibited by this subsection or any rule or ordinance adopted |
| 68 | pursuant to this subsection if the activity is reasonably |
| 69 | necessary in order to prevent the loss of life or property due |
| 70 | to weather conditions or other reasonably unforeseen |
| 71 | circumstances, or in order to render emergency assistance to |
| 72 | persons or property. |
| 73 | (u)1. Existing state manatee protection rules shall be |
| 74 | presumed to be adequate and additional rules unnecessary in a |
| 75 | region where the measurable biological goals developed pursuant |
| 76 | to s. 372.072 are being achieved. However, the presumption does |
| 77 | not prevent the commission from amending existing rules or |
| 78 | adopting new rules to address unique risks or circumstances in a |
| 79 | particular area or body of water to protect manatees. |
| 80 | 2. As used in this paragraph, the term "region" means one |
| 81 | of the four geographic areas defined by the United States Fish |
| 82 | and Wildlife Service in the Florida Manatee Recovery Plan, 3rd |
| 83 | revision (October 30, 2001). |
| 84 | Section 2. Section 370.1202, Florida Statutes, is created |
| 85 | to read: |
| 86 | 370.1202 Enhanced manatee protection study.-- |
| 87 | (1) The Fish and Wildlife Conservation Commission shall |
| 88 | implement and administer an enhanced manatee protection study |
| 89 | designed to increase knowledge of the factors that determine the |
| 90 | size and distribution of the manatee population in the waters of |
| 91 | the state. The enhanced study shall be used by the commission in |
| 92 | its mission to provide manatees with the maximum protection |
| 93 | possible while also allowing maximum recreational use of the |
| 94 | state's waterways. The goal of the enhanced study is to collect |
| 95 | data that will enable resource managers and state and local |
| 96 | policymakers, in consultation with the public, to develop and |
| 97 | implement sound science-based policies to improve manatee |
| 98 | habitat, establish manatee protection zones, and maximize the |
| 99 | size of safe boating areas for recreational use of state waters |
| 100 | without endangering the manatee population. |
| 101 | (2)(a) As part of the enhanced manatee protection study, |
| 102 | the Legislature intends that the commission shall contract with |
| 103 | Mote Marine Laboratory to conduct a Manatee Habitat and |
| 104 | Submerged Aquatic Vegetation Assessment that specifically |
| 105 | considers: |
| 106 | 1. Manatee populations that congregate in the warm water |
| 107 | discharge sites at power plants in the state and the potential |
| 108 | risks for disease resulting from increased congregation of |
| 109 | manatees at these sites. |
| 110 | 2. Development of research, monitoring, and submerged |
| 111 | aquatic vegetation restoration priorities for manatee habitat in |
| 112 | and near the warm water discharge sites at power plants in the |
| 113 | state. |
| 114 | 3. The potential impacts on manatees and manatee habitat |
| 115 | if power plants that provide warm water discharge sites where |
| 116 | manatees congregate are closed, including how closure will |
| 117 | affect the size and health of submerged aquatic vegetation |
| 118 | areas. |
| 119 | (b) The Mote Marine Laboratory must submit an interim |
| 120 | report on the Manatee Habitat and Submerged Aquatic Vegetation |
| 121 | Assessment to the Governor, the President of the Senate, the |
| 122 | Speaker of the House of Representatives, and the commission by |
| 123 | September 1, 2006. The interim report must detail the progress |
| 124 | of the assessment. The final report, due to the Governor, the |
| 125 | President of the Senate, the Speaker of the House of |
| 126 | Representatives, and the commission by January 1, 2007, must |
| 127 | detail the results of the assessment and include recommendations |
| 128 | for protection of manatee habitat in warm water discharge sites |
| 129 | at power plants in the state. |
| 130 | (c) The commission shall ensure that funds allocated to |
| 131 | implement the Manatee Habitat and Submerged Aquatic Vegetation |
| 132 | Assessment are expended in a manner that is consistent with the |
| 133 | requirements of this subsection. The commission may require an |
| 134 | annual audit of the expenditures made by Mote Marine Laboratory. |
| 135 | Copies of any audit requested under this subsection must be |
| 136 | provided to the appropriate substantive and appropriations |
| 137 | committees of the Senate and the House of Representatives as |
| 138 | they become available. |
| 139 | (3) As part of the enhanced manatee protection study, the |
| 140 | Legislature intends that the commission must conduct a Signage |
| 141 | and Boat Speed Assessment to evaluate the effectiveness of |
| 142 | manatee protection signs and sign placement and assess boat |
| 143 | speeds. The commission shall evaluate existing data on manatee |
| 144 | mortality before and after existing manatee protection zones |
| 145 | were established, boater compliance with and comprehension of |
| 146 | regulatory signs and buoys, changes in boating traffic patterns, |
| 147 | and manatee distribution and behavior. The commission shall also |
| 148 | provide recommendations on innovative marker designs that are in |
| 149 | compliance with the federal aids to navigation system. The |
| 150 | Signage and Boat Speed Assessment must address: |
| 151 | (a) The effectiveness of signs and buoys to warn boaters |
| 152 | of manatee slow-speed zones with a goal of developing federally |
| 153 | approved standards for marking manatee protection zones. |
| 154 | (b) Determining where buoys may be used in place of |
| 155 | pilings for boating safety purposes. |
| 156 | (c) An evaluation of higher speed travel corridors in |
| 157 | manatee zones to determine the most effective speed to balance |
| 158 | safe boating, recreational use, vessel operating |
| 159 | characteristics, and manatee protection. |
| 160 |
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| 161 | The commission shall complete its Signage and Boat Speed |
| 162 | Assessment by January 1, 2007, and must submit a report of its |
| 163 | findings to the Governor, the President of the Senate, and the |
| 164 | Speaker of the House of Representatives by February 1, 2007. The |
| 165 | report must detail the results of the assessment, including |
| 166 | specific recommendations for developing state and local policies |
| 167 | relating to the appropriate placement of signs, including |
| 168 | innovative markers, in manatee slow-speed zones. |
| 169 | (4) The commission is authorized to develop and implement |
| 170 | the use of genetic tagging to improve its ability to assess the |
| 171 | status, health, and reproductive capacity of the manatee |
| 172 | population, estimate annual survival rates through mark |
| 173 | recapture studies, determine migration patterns, and determine |
| 174 | maternity and paternity. The development and use of genetic |
| 175 | tagging may be done in cooperation with federal agencies or |
| 176 | other entities, such as genetic laboratories at schools within |
| 177 | the state university system. |
| 178 | Section 3. Subsection (6) of section 372.072, Florida |
| 179 | Statutes, is amended to read: |
| 180 | 372.072 Endangered and Threatened Species Act.-- |
| 181 | (6) MEASURABLE BIOLOGICAL GOALS.--No later than February |
| 182 | 15, 2003, the commission, working in conjunction with the United |
| 183 | States Fish and Wildlife Service, shall develop measurable |
| 184 | biological goals that define manatee recovery. These |
| 185 | Measurable biological goals that define manatee recovery |
| 186 | developed by the commission, working in conjunction with the |
| 187 | United States Fish and Wildlife Service, shall be used by the |
| 188 | commission in its development of management plans or work plans. |
| 189 | In addition to other criteria, these measurable biological goals |
| 190 | shall be used by the commission when evaluating existing and |
| 191 | proposed protection rules, and in determining progress in |
| 192 | achieving manatee recovery. Any evaluation of an existing or |
| 193 | proposed protection rule must describe how the measurable |
| 194 | biological goals were used in the evaluation. |
| 195 | Section 4. Appropriations.-- |
| 196 | (1) For fiscal year 2004-2005, the sum of $325,000 is |
| 197 | appropriated from the Save the Manatee Trust Fund to the Fish |
| 198 | and Wildlife Conservation Commission for the purpose of |
| 199 | contracting with Mote Marine Laboratory to conduct the Manatee |
| 200 | Habitat and Submerged Aquatic Vegetation Assessment as provided |
| 201 | in this act. |
| 202 | (2) For fiscal year 2004-2005, the sum of $325,000 is |
| 203 | appropriated from funds transferred to the Marine Resources |
| 204 | Conservation Trust Fund pursuant to s. 206.606(1)(d), Florida |
| 205 | Statutes, to the Fish and Wildlife Conservation Commission for |
| 206 | the purposes of conducting the Signage and Boat Speed Assessment |
| 207 | as provided in this act. |
| 208 | Section 5. This act shall take effect July 1, 2004. |