THE BOATING ADVISORY COUNCIL

Video Teleconference - Meeting Summary

March 3, 2005

Tallahassee, Florida

Colonel Julie Jones called the meeting to order.  This meeting was held via video teleconference with participants in Tallahassee, Ocala, St. Petersburg, and West Palm Beach.  Some participants used a meet-me number.  Captain Paul Ouellette led everyone in the Pledge of Allegiance.

 Members Present:

Bill Allbright, Ron Baker, Lee Chamberlain, Ken Collins, Jay Gorzelany, William Griswold,  Julie Jones, Joe Kennedy, Charles Knight (for Stephanie Culp), Charles Listowski, Peggy Mathews, Lisa Neal, Virginia Queen, and John Sprague

 Public and Staff Present:

Tara Alford, Bonnie Basham, Jim Brown, Don Browning, William Cutts, C. Henry Depew, Dennis David, Jackie Fauls, Shelly Gurr, Rich Jones, Richard Moore, Paul Ouellette, Brian Rehwinkel, Alan Richard, Tim Smith, Gerald Ward

 ADMINISTRATIVE ITEMS

 New Council Members

Colonel Jones announced the two new Boating Advisory Council members.  Ms. Stephanie Culp is the Department of Environmental Protection representative and Mr. Charles Knight is sitting in for Ms. Culp today.   Mr. William Griswold is the U.S. Coast Guard Auxiliary representative and is here today.  Captain Richard Moore introduced Mr. Griswold and provided background information about Mr. Griswold’s career and boating involvement.

 Meeting Summary

John Sprague provided additional information regarding “Federally Managed Areas” for the

November 10, 2004 meeting summary.  He wanted to strengthen the issue for the Commission to sit down with the Governor and Cabinet as the Board of Trustees to develop an overall plan of what the state of Florida expects from the federal government for our citizens as groups move forward to develop management plans.  The meeting summary was adopted with the above addition.

 Refreshments

Colonel Jones thanked Jim Brown for providing today’s refreshments.

 Commodore Helmut Hertle

Captain Richard Moore stated that a Certificate of Appreciation was presented to Commodore Helmut Hertle on January 20, 2005 from the Boating Advisory Council and Colonel Jones for his years of service to the Council.  Commodore Hertle thanked everyone and was very appreciative.

 OLD BUSINESS

 Government-in-the-Sunshine Law

 Captain Alan Richard provided a briefing on the Government-in-the-Sunshine Law (Chapter 286, Florida Statutes).  This law applies to the Boating Advisory Council (BAC) and its members including Colonel Jones but does not apply to staff.  Council members can interact with staff to obtain information regarding current issues before the Council, administrative issues, etc.  Members can speak to each other about unrelated Council issues.  Members can speak to each other about administrative issues such as the date and location of the next meeting location, etc.  When two or more members of the Council interact on issues that could come before the Council, that is subject to the Government-in-the-Sunshine Law.  To summarize, talk with anyone except members of the Council about Council issues.  Speaking with Council members regarding issues to come before the Council is subject to the law whether face to face, in writing, or over the phone.

 Rule Development

 Boating Safety Restricted Areas:

Captain Paul Ouellette discussed the proposed changes in the boating safety restricted areas for

68D-24.005 (Sarasota County), 68D-24.010 (Pinellas County), and 68D-24.011 (Okeechobee Waterway).   The Boating and Waterways Section was asked by county government, local law enforcement, and FWC law enforcement to consider amending these rules.  These amendments would be for the purpose vessel traffic safety and public safety.  Staff is going to conduct workshops on March 22 in Clearwater; March 23 in Sarasota, and March 24 in Moore Haven.    

 Uniform Waterway Markers:

Captain Ouellette also discussed the proposed changes to 68D-23, Uniform Waterway Markers.  The Boating and Waterways Section has received requests to clarify and simplify the rule, update statutory cross-references, and remove obsolete provisions.  Staff will conduct workshops on March 30 in Tallahassee, April 6 in Tampa, and April 7 in West Palm Beach. 

Minimum Standards for Mandatory Boating Safety Courses:

Ms. Shelly Gurr provided an update regarding the status of the proposed changes to Rule 68D-36, Minimum Standards for Mandatory Boating Safety Courses.  The Boating and Waterways Section received approval from the Commission at the December 2004 meeting to go forward with public workshops.  Five workshops were held, and there were 48 participants at those workshops. 

 Airboat Testing Project Update

 Robert Coulson, Oren Masory, and Stewart Glegg of the Florida Atlantic University’s College of Engineering participated in the video teleconference to present the results of the recent airboat testing.  Dr. Glegg thanked Richard Moore, FWC employees, manufacturers, and club members for all of their assistance during the tests.

 Portions of the presentation are provided as follows.  The entire presentation is available at the BAC section of the FWC web site.

 Measurement and Characterization of Sound Generated by Airboats

 Background:

q       Airboats produce a high level of sound which disturbs the environment close to airboat operations.

q       Currently, Florida Statutes (F.S. 327.65) allows counties to adopt a county ordinance establishing a sound level prohibition for those vessels exceeding 90 dB(A) at a distance of 50 feet from the vessel.

q       FWC is seeking solutions which will enable airboats to operate below the 90 dB(A) level.

 Procedure:

q       270 tests were conducted that measured sound levels for different airboat configurations and operating conditions.

q       Data was analyzed using three different measures: dBA, 1/3 octave and narrow band spectra.

q       Results from different airboat configurations were compared.

Overall Conclusions:

q       When running at full speed, airboat noise levels exceed 90 dB(A) at 50 feet.

q       When running at full speed, mufflers have little or no effect on the radiated noise.

q       Mufflers reduce the radiated noise levels at minimum planing speeds by about 4dB.

q       At minimum planing speeds or less most airboats meet the 90 dB(A) noise limit at 50 feet.

 What’s Next:

q       Further analysis of the data to obtain more information about the spectral content of the noise and muffler performance.

q       Additional tests with a larger number of different mufflers.

Stakeholders and Council members need to email any comments or questions to Major Brown within the next week.  Colonel Jones thanked the Florida Atlantic University staff for their work on this project.

Update On Legislation

 Major Jim Brown provided an update on legislation. 

 HB 331 – Inland Lakes and Canals (Sponsor:  Rep. Bowen)

Ø      Exempts from permitting requirements placement of information markers on inland lakes and associated canals by counties, municipalities, or other governmental entities.

 Comments:

Gerald Ward - The Council should take a position on the changes.  The changes seem to be done for the convenience of local government.  The arbitrary 50 feet is going to be controversial and probably the subject of litigation when signs are hit that are not permitted. 

 Colonel Jones encouraged Council members to email any comments for her through Ms. Gurr.

 HB 479 – Commercial Parasailing (Sponsor:  Rep. Rice)

Ø      Provides for regulation of parasailing by FWC.

Ø      Provides requirements for licensing and liability insurance.

Ø      Provides requirements for conducting operations.

There are about 72 commercial parasail operations in Florida.  These parasail operators are members of an organization called the “Professional Association of Parasail Operators.”

 SB 650 – Fishing Working Waterfronts (Sponsor:  Sen. Bennett)

Ø      Expresses legislative intent to revise laws regarding commercial and recreational fishing working waterfronts.

 HB 955 – Waterfront Property (Sponsor:  Rep. Berfield)

Ø      Requires future land use plan element of local comprehensive plan for a coastal county to include criteria to encourage preservation of recreational and commercial working waterfronts.

Ø      Increases vessel registration fees.

Ø      Tax incentives for private marinas.

 Comments:

John Sprague – It is an attempt to deal with the amount of access disappearing. 

 Bonnie Basham, Standing Watch supports the bill with the exception of the increase in vessel registration fees.

 HB 1121 – Vessels (Sponsor:  Rep. Needelman)

Ø      Holds vessel owners liable for certain damages to marina property.

Ø      Authorizes marina owners, operators, employees, and agents to take actions to secure vessels during severe weather and to charge fees and be held harmless for such service.

Ø      Revises provisions relating to abandoned and derelict vessels and the removal of such vessels.

Comments:

John Sprague – There needs to be a way to protect the marina and other boats.  Also, there needs to be a mechanism to get the vessels out of the water quicker. 

 SB 1866 – Fish and Wildlife Conservation Commission (Sponsor:  Smith)

Ø      Deletes provisions limiting boating safety requirements to people 21 years age or younger.

Ø      Prohibits any person born after September 30, 1983 from operating a vessel powered by a motor of 10 horsepower or greater without having identification and a boater safety card.

Ø      Changes the sport boat racing position to marine special events position.

Ø      Adds boat access and working waterfronts to the issues that may be addressed.

 Comments:

John Sprague – Mr. Sprague is concerned that other issues in the bill may threaten the BAC changes.

 Jackie Fauls, Legislative Affairs Director – There are many issues in the bill.  If an issue becomes controversial, the item is removed from the bill instead of losing the bill.

 Lisa Neal – Ms. Neal inquired as to when the Council voted to change the education age.

 Colonel Jones – This issue was discussed at a couple meetings.  Ms. Gurr will check meeting summaries and get that information to the members.

 Legislation / Emerging Issues

 Colonel Jones reminded everyone that legislation is discussed at the spring meeting, and if there are emerging issues, we bring those items to you.  This group wanted staff to assist you in learning about new legislation by bringing items before the Council even if the BAC did not generate the issues.  It is important for all members as representatives of the boating community to be updated on emerging issues so you are better able to interact with your constituents.  

 NEW BUSINESS

 Colonel Jones checked with all Council members for any new business items.

 Bill Griswold announced the International Boating and Water Safety Summit to be held the end of next week.  Two items to be covered during the summit include the boating safety campaign and life jacket wear. 

 Peggy Mathews stated that three national wildlife refuges (USFWS) in the Keys are beginning the process to develop 15-year plans which will affect boating in the Keys.  Two public meetings are scheduled in the Keys on March 8 and 9.  In addition, the Florida Keys National Marine Sanctuary (NOAA) released their revised draft management plan.  

 Colonel Jones stated we will start this standardized process that was discussed at the last meeting for making BAC and agency comments.

 John Sprague stated that he has enjoyed working with everyone and thanked the group for the opportunity to work them.

 PUBLIC COMMENTS

 Don Browning – Mr. Browning stated that the Occupational Safety and Health Administration (OSHA) has data that breaks down information for sound impact and sets the scale for impact to humans.  Mr. Browning suggested providing the information to the Florida Atlantic University scientists.  Dennis David will provide the information to Colonel Jones.

 Gerald Ward – The following is an issue of the Marine Industries Association of the Treasure Coast (Legislative Committee).  This is for the Florida Inland Navigation District to sponsor the Okeechobee Waterway out to the Hendry/Palm Beach county line.  There are two identical bills in the House and Senate that are making good progress so we get a navigation authority responsible for maintenance of depth.  The current sponsor is the South Florida Water Management District.  The next issue to be addressed is to get the West Coast Inland Navigation District expanded to assume sponsorship of west of the Palm Beach/Hendry county line to Ft. Myers.  The BAC is certainly the entity that needs to be involved with this issue. 

 Charles Listowski – Mr. Listowski has been working on the issue Mr. Ward mentioned above.  There is a county commissioner who sits on the board involving the Okeechobee Waterway.  The comments Mr. Ward made are important for Mr. Listowski, and it would be helpful if Mr. Ward could assist in spearheading a similar process as for the east coast.  Mr. Listowski has talked with David Roach about this issue.  The West Coast Marine Industries Association is focusing on larger boat traffic and the numbers are not very impressive compared to the overall boating population that would benefit from enhanced situation as far as the conditions of the waterway.   

 Gerald Ward and John Sprague each offered to assist Mr. Listowski.

 Adjourned at 12:55 p.m.