(1) This rule chapter implements Florida Statutes § 379.2431(2), (the Florida Manatee Sanctuary Act) by establishing restrictions to protect manatees from harmful collisions with motorboats and from harassment; to protect manatee habitat, such as seagrass beds, from destruction by boats or other human activity; and to provide limited safe havens where manatees can rest, feed, reproduce, give birth or nurse undisturbed by human activity. The Commission shall only regulate motorboat speed and operation in areas where manatees are frequently sighted and the best available scientific information, as well as other available, relevant, and reliable information supports the conclusion that manatees inhabit such areas on a regular or periodic basis. Information considered by the Commission may include but is not limited to manatee surveys, observations, available studies of food sources, and water depths.
    (2) When establishing manatee protection zones as provided above, the Commission shall utilize the standards provided under paragraph (2)(a), below, in determining whether restrictions are necessary to protect manatees or manatee habitat. The Commission shall not establish restrictions that result in undue interference with the rights of fishers, boaters, and water skiers (as they apply under Section 379.2431(2)(k), F.S.).
    (a) The Commission utilizes the following standards in determining whether restrictions are necessary to protect manatees or manatee habitats in areas of regular or periodic manatee use:
    1. Restrictions are necessary if the absence of adequate restrictions will likely result in:
    a. Injury or death to manatees, or
    b. Harassment of manatees, or
    c. Destruction of essential manatee habitat.
    2. In determining whether restrictions are necessary, the Commission will consider, but not be limited to an examination of, the following factors:
    a. The patterns and intensity of known boating activities in the area,
    b. Seasonal and/or year-round patterns of manatee use,
    c. The number of manatees that the Commission has concluded use the area on a regular or periodic basis,
    d. The manatee mortality trends within the area,
    e. The existence of features within the area that are essential to the survival of, or are known to attract, manatees, such as seagrasses or other food sources, favorable water depths, and fresh or warm water sources,
    f. The characteristics of the waterway; and,
    g. Whether the Commission’s measurable biological goals that define manatee recovery are being achieved in the region that is being considered.
    (b) Regarding the measurable biological goals referenced in paragraph (2)(a), above, in regions where the goals are being achieved, the Commission shall give great weight to existing state manatee protection rules; however, the Commission may amend existing rules or adopt new rules in these areas to address risks or circumstances in a particular area or water body.
    (c) In consideration of balancing the rights of fishers, boaters, and water skiers to use waters for recreational and commercial purposes (as applicable under Section 379.2431(2)(k), F.S.), with the necessity for boat speed regulation to protect manatees and manatee habitat in identified manatee use areas, the Commission may designate limited lanes or corridors to provide for reasonable motorboat speeds (twenty-five (25) mph or greater) or not regulate sufficient portions in order to accommodate activities that require higher speeds, upon a finding that such lanes, corridors, or areas are consistent with manatee protection needs.
Rulemaking Authority 370.12(2)(g)-(j), (l), (n), (o), 372.072(6) FS. Law Implemented 370.12(2)(d), (g)-(l), (n), (o), 372.072(6) FS. History-New 3-19-79, Formerly 16N-22.01, Amended 12-30-86, 6-16-93, 9-9-93, Formerly 16N-22.001, Amended 5-31-95, 6-25-96, 5-12-98, Formerly 62N-22.001, Amended 12-23-03, 11-8-05.