THE BOATING ADVISORY COUNCIL
Meeting Summary
November 29, 2005
Key Largo, Florida 

Colonel Julie Jones called the meeting to order.  Captain Paul Ouellette led everyone in the Pledge of Allegiance. 

Members Present:
Ron Baker, Rebecca Bragg, Jennifer Castle Field, Robert Gill, William Griswold,  Julie Jones, Richard Jones, Jessica Koelsch, Peggy Mathews, Lisa Neal, Ralph Poppell, Virginia “Edie” Queen, Edward Seguna II, Scott Woolam (representing Stephanie Culp), John Stewart  

Public and Staff Present:

Paul Barry, Bonnie Basham, Stephen Bogner, Jim Brown, Chuck Collins, Marlene Conaway, Pam Dillon, Roger Field, Albert Gregory, Shelly Gurr, Patricia Harrell, Bob Hoover, Bob Holzkamp, Dewey Jackson, Nick Kross, Mark Leslie, Byron Maharrey, Dave Markett, Richard Moore, David Ray, Brian Rehwinkel, Alan Richard, Tim Smith, Susanna Stephens, Phil Walters, Pat Wells, Tim Woody, Bruce Wright  

ADMINISTRATIVE ITEMS
Department of Community Affairs 

Colonel Jones welcomed Marlene Conaway, Department of Community Affairs, to the Council meeting. 

New Council Members
Major Brown announced the reappointed and new Boating Advisory Council members. 

Reappointed Members
 v      Ron Baker – Marine Special Events
 v      Peggy Mathews – Marine Manufacturers
 v      Virginia Queen – Commercial Vessel Owners/Operators 

New Members
v      Becky Bragg – Canoe or Kayak Enthusiasts
v      Robert Gill – Commercial Fishing Industry or Commercial Shellfishing Industry
v      Jessica Koelsch – Manatee Protection Interests 

Meeting Summary

The Council adopted the June 14, 2005 meeting summary.   

Refreshments
Colonel Jones thanked Peggy Mathews and the Personal Watercraft Industry Association for providing today’s refreshments.

OLD BUSINESS 

Hurricane Grant Program 

Ms. Pat Harrrell, Boating and Waterways Section, Grants Coordinator, briefed the Council regarding the Grants to Marinas Damaged Due to 2004 Hurricanes.  The 2005 Legislature appropriated $5 million to provide grants to marinas damaged during 2004 named hurricanes.  Damages must be documented as occurring during one of the 2004 named hurricanes and be located within a declared “Emergency Area.”  The four (4) member Evaluation Committee includes Jim Brown, FWC; Stephen Bogner, Marinas Director, City of Miami; Lee Chamberlain, BAC; and Jim Stoutamire, DEP. 

Florida Boating Improvement Program 

The Boating and Waterways Section administers grant funding under the Florida Boating Improvement Program (FBIP) for projects designed to serve the needs of recreational boating and boating-related activities on coastal and/or inland waters in Florida.  Funding is from the marina fuel tax.  Further details are available on the FWC web site at http://myfwc.com/boating/grants/fbip.htm 

Ms. Peggy Mathews served on the Florida Boating Improvement Program and reported on the applications, how they were scored, and what grants were awarded.  The Tier 1 ($12.5 million) eligible uses of program funds include recreational channel marking, public launching facilities and other boating-related activities.  Tier 2 ($2 million) funds may be used for public owned piers and docks (example:  Fernandina Beach mooring field).  Funding remained after awards were made and a supplemental application period was advertised.  

Airboat Issues 

Captain Moore provided a brief history of the process regarding the airboat sound issue.  The Legislature reviewed the airboat sound issue in 2003 because of public complaints received and directed FWC to hold public meetings.  Those meetings were held.   

In 2004 the Commission requested the Boating and Waterways Section to coordinate a research project on the issue.  FWC put out a Request for Proposal and Florida Atlantic University got the job.  The final report came out in September 2005.   

The results of the research found the following –
  1)     Flex-pipe alone is ineffective as a muffling device
  2)     Automotive-type mufflers work well
  3)     Prop designs play a factor in sound
  4)     Other operator control factors play a part in sound 

Those who did not support mufflers included people operating in areas in the Everglades not near residences.  Other issues include heat from mufflers possibly catching grass on fire, sound generated from airboats allows operators to know where other airboats are in restricted visibility situations, allowing wildlife to hear the airboats, not wanting to add another device on an airboat. 

The Commission to go forward with -
  1)     Requiring an automotive-type muffler
  2)     An educational process 

Jim Brown will present this information to the Commission tomorrow. 

Florida Airboat Association, Phil Walters
Mr. Phil Walters, Florida Airboat Association, stated the assistance airboat operators provide in their volunteer efforts (example - the 300 volunteers that went to Mississippi to help after Hurricane Katrina). 

Dave Markett, Florida Guides Association, has requested to work under FWC as a professional response team in volunteer efforts and to set up a quiet airboat competition.  They want to work with Law Enforcement.  Mr. Markett asked for support with the legislation and the proposed protocol that will be presented at tomorrow’s Commission meeting.    

MOTION:  Support an educational approach, the ethics approach, and the modification of what is a policy within the Commission to convert from flex-pipe to what will be described to the Commission tomorrow as an automotive-type muffler for airboats.  Motion by Robert Gill / Second by Bill Griswold.  

Registration of Non-Powered Vessels
Pam Dillon, Executive Director, of the American Canoe Association presented statistics, trends, and other information regarding paddlesports.  Ms. Dillon’s presentation is available on the BAC portion of the FWC web site. 

Captain Moore stated that the whole issue is non-motorized boats.  The Commission has decided not to pursue any legislative action on the non-motorized vessels topic this year.  Boating and Waterways staff thought is was important for the Council to be provided with this information.   

Council and Public Comments 

Colonel Jones – There is no consensus on the Council, and we will continue to keep you informed. 

Representative Poppell – Maybe we can take a lesson from what the airboat industry is doing by looking at their own group. 

Lisa Neal – We should have a study group with people to represent the boaters and kayakers to resolve these issues. 

David Ray – The registration of all vessels is fair.  MIA supports the registration of all vessels. 

Rich Jones – Monroe County supports passive boating, and it is good for the environment.

Bonnie Basham – The Florida Council of Yacht Clubs and Standing Watch both support the registration of all vessels.   

New Subcommittee 

The normal method for the Council to provide research on an issue is to establish a subcommittee and that was done.  Lisa Neal volunteered to be the chairperson.  Captain Ouellette will be the staff representative.  The other subcommittee members are Becky Bragg, Bonnie Basham, Jennifer Castle Field, Bill Griswold, Richard Jones, Jessica Koelsch, Peggy Mathews, and David Ray.  The subcommittee can look the issues and report back to the Council. 

Vessel Anchorage 

Captain Alan Richard presented information on “Regulation of Vessel Anchoring and Mooring.”  The issues are 1) the problems associated with unregulated anchoring, 2) the law and legal constraints on anchoring regulation, 3) current solutions, and 4) potential solutions.  Captain Richard’s presentation will be available on the BAC portion of the FWC web site.   

Derelict Vessels 

Captain Alan Richard presented information regarding “Derelict Vessels.”  The entire presentation will be available on the BAC portion of the FWC web site.   

Mr. Tim Woody, Boating and Waterways Section, provided information regarding the Derelict Vessel Removal Grant program.  The program has not been funded for three years, and there may be funding this year.  If the program is funded, the following are suggested changes - 1) try to get statute changed for inland counties to be able to apply for the grants (currently available for coastal counties) 2) statute allows FWC to delegate authority to declare vessels derelict, but that option has not been used.     

There was discussion regarding funding for removing derelict vessels.  Representative Poppell wants to meet with Colonel Jones and Major Brown regarding derelict vessels. 

DEP/FWC Boat Access Facilities in State Parks 

Mr. Albert Gregory, Department of Environmental Protection, Division of Recreation and Parks, shared information regarding Florida’s 159 state parks.  The mission of the state parks is to provide recreational opportunities for the public and protect and manage the resources.  Parks provide $664 million of economic benefits.  Boating has been a vital part of state parks and will be more so in the future.   

Part of HB 955 provided that DEP in coordination with FWC evaluate boating access in state parks.  An inventory is to be conducted with a report due to the Governor, President of the Senate, Speaker of the House in January 2006.  Items to be evaluated include boat ramps, parking, canoe and kayak launches, etc. 

68D-23 – Uniform Waterway Markers in Florida Waters 

Captain Paul Ouellette presented information regarding the purpose of the changes to 68D-23.  The entire presentation will be available on the BAC portion of the FWC web site.  Staff and stakeholder comments support technical changes to the rule, including improving clarity and consistency, removing or revising obsolete language, and making changes as a result of new legislation. 

Council members can get back with Captain Ouellette on any suggestions before the February Commission meeting. 

Boating and Waterways Section – Update 

Major Jim Brown presented information regarding the Boating and Waterways Section.  The presentation will be available on the BAC portion of the FWC web site. 

There was discussion regarding funding for existing officers and future officers.  The Coastal Protection Trust Fund could not support the 25 officers.  After discussions with the Legislature, it was decided to shift funding from the marina fuel tax for the 25 existing officers.  Next year’s   proposal is roughly $4.5 million.  Representative Poppell stated that funding the officers is good but not to lose sight of the fact that the marina fuel tax is for docks and maybe in the future purchasing land.     

Boating Safety Awareness Campaigns 

Mr. Brian Rehwinkel provided an update regarding the Lee County Boating Safety Program.  The program was launched on May 21, 2005 and continued through Labor Day with the goal of increasing boating safety awareness among the Lee County boaters.  FWC used the local television stations and radio stations to deliver the safety message with three different television commercials and four different radio commercials.  In addition to the major media advertising, we coordinated with the Lee County Marine Law Enforcement Task Force, the U.S. Coast Guard Auxiliary, and the U.S. Power Squadrons to deliver the boating safety message directly to boaters on the water.  Finally, approximately 41 local retail stores, restaurants and marinas helped get the message out to boaters by displaying point-of-purchase displays (featuring our safety message) at their locations. The next boating safety awareness campaign will focus on Miami-Dade and Monroe counties.  This program will be launched in late spring 2006. 

States Organization for Boating Access

Ms. Pat Harrell provided information regarding the 2006 States Organization for Boating Access Conference.  Florida is hosting the 2006 Conference in Tampa, Florida from September 23-27, 2006.  This is a national association and important for Florida that the conference is being held here.

Boating Accidents – Statistics Update 

Captain Richard Moore provided an update regarding boating accidents.  As of late last week, there were 71 fatalities.  Captain Moore stated the causes are numerous such as falling out of boats, running into objects, etc.  At the spring meeting, the 2005 statistics report will be available for discussion to look at ideas for reversing the accident trends.  

2006 Meetings 

The proposed meeting dates are April 7, 2006 (this is during the Legislative Session) in Tallahassee and December 5, 2006 in the Keys.   

BAC MEMBER COMMENTS 

Jennifer Field  
Mrs. Field offered to host a future BAC meeting at Chapman School of Seamanship. 

Bill Griswold
Mr. Griswold discussed several topics.  Mr. Griswold asked about individuals charged with criminal infractions involving an accident and the required classroom education.   Does the U.S. Coast Guard Auxiliary (USCGA) need to provide BUI specific training?  If so, there would be a problem fitting that in to the normal USCGA and U.S. Power Squadrons (USPS) curricula.  Captain Richard stated the USCGA and USPS do not need to teach that portion.   

USCGA volunteers do vessel safety checks.  There is a problem with Florida numbers not displayed properly such as incorrect spacing.  Instructions are not provided on how to put numbers on the boats.   

Personal Flotation Devices - Acting Chairman Mark Rosenker will be invited to speak at the April BAC meeting. 

International Boating and Water Safety Summit – The Summit is scheduled for April 30 – May 3, 2006 in Palm Harbor, Florida at the Westin Innisbrook Golf Resort.

PUBLIC COMMENT 

Mr. Dave Markett stated that to the best of his knowledge, there is no public access to the Kissimmee Chain of Lakes.  There are two private marinas on Lake Kissimmee.   He asked that the BAC consider communicating with the South Florida Water Management District to set aside some of the property for the public.  Scott Woolam of DEP and Pat Harrell of FWC will work on this issue.  There was a site visit last week.  Proposed sites were designated and anticipated to be managed by Polk County and Forestry. 

TODAY’S PRESENTATIONS 

All of today’s presentations will be added to the BAC portion of the FWC web site. 

The meeting adjourned at 5:30 p.m.