NEWS RELEASE

Florida Fish and Wildlife Conservation Commission

August 2, 2000

CONTACT: Tim Donovan (850) 488-8570

FWC ANNOUNCES NEW RULES FOR SUMMER AND FALL 2000

The Florida Fish and Wildlife Conservation Commission (FWC) is announcing several changes in laws affecting boaters, liveries, fishermen and bowhunters. Most of the changes will take effect Oct. 1, while some changes have been in effect since July 1.

Starting in October, boaters, divers and operators of personal watercraft will find several changes in laws involving their activities. According to Capt. Paul Ouellette, FWC's boating safety coordinator, "The agency feels that these new laws, as well as other changes which went into effect July 1, will be instrumental toward increasing safety on our waterways. We're looking forward to working with the personal watercraft and dive industries and others. We want to make sure those activities are just as safe as they are fun."

One change will increase the size of divers-down flags displayed on vessels from 12 inches by 12 inches to 20 inches by 24 inches, and requires a stiffener to keep the flag unfurled. Dive flags carried on floats may still be 12 inches by 12 inches. Also, divers-down flags on vessels must be displayed so that the flag's visibility is not obstructed.

Although this part of the law did not change, the FWC is reminding vessel operators that they must make reasonable efforts to maintain a distance of 100 feet from any divers-down flag while on a river, inlet or navigation channel, and divers are reminded that they must make a reasonable effort to stay within 100 feet of the divers-down flag on rivers, inlets and navigation channels.

Other changes in the law require divers to make reasonable efforts to stay within 300 feet of the divers-down flag on all waterways other than rivers, inlets or navigation channels, and vessel operators must make a reasonable effort to maintain a distance of 300 feet from the flags on these waters. Vessels approaching divers-down flags closer than 300 feet in open water and 100 feet in rivers, inlets and navigation channels must slow their vessels to idle speed. Another change removes dive flag provisions from the careless operation subsection of Florida laws, and adds "buzzing" a dive flag to the description of reckless operation. Dive flag violations will continue to be second-degree misdemeanors until Oct.1, 2001.

Other law changes effective Oct. 1 include an amendment to water skiing requirements, which prohibits wearing of inflatable personal floatation devices (PFDs) by water skiers. Several changes will affect operators of personal watercraft (PWC), including amendments which will:

• prohibit wearing inflatable personal floatation devices;
• require PWCs to comply with laws governing reckless operation, careless operation and navigation rules;
• make it unlawful to allow a rented PWC to be operated by a person who has not received instruction in the safe handling of a PWC;
• require the person who receives the instruction to give the rented PWC's owner a "written statement attesting to the same"; and
• gives the FWC rulemaking authority to set the instruction to be given PWC renters.

Also, FWC-approved boater safety courses, equivalency examinations and temporary certificate tests must include a component regarding diving safety.

The FWC has also amended laws pertaining to vessel liveries (businesses that rent, lease or charter boats, including personal watercraft). The changes clarify the requirement that liveries provide prerental or preride instruction, and includes these specifics:

• The instruction must include, but is not limited to:
• the operational characteristics of the vessel;
• safe vessel operation and vessel right-of-way;
• the vessel operator's responsibility for the safe and proper operation of the vessel; and
• local characteristics of the waterway where the vessel will be operated.
• The persons providing prerental or preride instruction must have successfully completed a boater safety course approved by the National Association of State Boating Law Administrators and the FWC;
• requires the livery to display boating safety information in a place visible to the renting public;
• requires the FWC to set, by rule, the contents and size of the boating safety information displayed by the livery;
• raises the age of a person to whom liveries may rent a personal watercraft (PWC) from 16 years to 18;
• prohibits liveries from renting a PWC to any person who has not received instruction in the safe handling of a PWC in compliance with Commission rules, and provides that the person must sign a written statement attesting to the fact that he has received the instruction;
• requires all PWC liveries to have liability insurance providing coverage of at least $500,000 per person and $1 million per event; the livery must have proof of insurance available for inspection at each location where the watercraft are rented;
• repeals language releasing the livery from liability for accidents occurring during rentals.

The FWC reminds fishermen of two new rules which took effect July 1. Anglers are authorized to take catfish at night with gigs and bows and arrows, and during the daytime by spears, gigs, snatch hooks, crossbows or bows and arrows from boats or from shore, except at spillways of the Eureka, Rodman or Jim Woodruff dams, or in certain Dade County waters.

New rules also prohibit the use of peacock bass for bait and prohibit removal of the heads or tails, or fileting of panfish, until anglers have finished fishing for the day. This rule applies only in lakes that have minimum length requirements for panfish.

Also taking effect July 1, the FWC passed a rule to clarify the definition of a bow to prohibit the use of devices, during archery season, which mechanically hold the bowstring in the drawn and ready-to-release position. The new rule does not prohibit mechanical release devices which require the hunter to rely on his own strength to draw and hold the bowstring.