MARINE MAMMAL COMMISSION — Annual Report for 1991 



regulatory systems as well as address other needs, 

 such as marina siting policies and guidelines for 

 shoreline development in manatee habitat. 



Boat Speed Regulations in the Lake Woodruff 

 National Wildlife Refuge — There has been broad 

 support for strengthening boat speed rules to protect 

 manatees. This support includes segments of the 

 boating community anxious to limit speeds to improve 

 boater safety because waterways are becoming in- 

 creasingly congested with faster and faster boats 

 (some of which are capable of speeds in excess of 100 

 mph). However, there also has been strong opposi- 

 tion from some marine industry groups and other 

 segments of the boating community. Opponents of 

 the new rules believe the new speed limits cover too 

 much area and cause vessel transit times to be unac- 

 ceptably lengthened. 



A particularly contentious case in this regard arose 

 in 1991 in Volusia County. Over the objections of 

 local officials and some residents, the Department of 

 Natural Resources proposed a slow speed rule for a 

 10-mile stretch along two County waterways, the 

 Norris Dead River and the Zeigler Dead River, 

 associated with the upper St. Johns River. Radio- 

 tracking data indicate that manatees using the Blue 

 Spring warm-water refiige 10 miles to the south 

 regularly occupy both waterways. 



Although most lands along the two rivers are part 

 of the Lake Woodruff National Wildlife Refuge, a 

 privately owned sport fishing camp on the Norris 

 Dead River has long operated from a tract of land 

 surrounded by the Refuge. For guests at the fish 

 camp to reach certain preferred fishing sites, the 

 proposed rules would increase travel time by an hour 

 or more. The owner of the fish camp stated the rule 

 would encourage his clientele to go elsewhere and 

 force him out of business. After examining the issue, 

 including comments and testimony provided in support 

 of the Department's slow speed proposal by the 

 Marine Mammal Commission, the Governor and 

 Cabinet adopted the proposed rules for Volusia 

 County on 25 June 1991. 



State law allows affected parties to challenge such 

 rules. Pending resolution of a challenge, the rules are 



not effective. Local residents, including the fish camp 

 owner and operators of marine-oriented businesses, 

 made known their intent to challenge the Volusia 

 County rules adopted by the Governor and Cabinet. 

 In response, the Environmental Defense Fund wrote 

 to the Fish and Wildlife Service on 7 August 1991 

 recommending that the Service develop Federal 

 regulations to back up the State regulations in the 

 Lake Woodruff National Wildlife Reftige. The letter 

 urged the Service to use its independent authority for 

 regulating boat speeds within National Wildlife 

 Refuges. 



A copy of the letter was sent to and reviewed by 

 the Commission. While the Commission agreed that 

 developing back-up regulations was prudent, it was 

 not clear whether the State or the Service retained 

 jurisdiction over the rivers and lakes within the Lake 

 Woodruff Refuge. Therefore, on 10 September 1991, 

 the Commission wrote to the Service recommending 

 that it consider and act promptly on the Environmental 

 Defense Fund's recommendation. It also noted that, 

 if the rivers and lakes were determined to be outside 

 refuge boundaries and, thus, not subject to refuge 

 management authority, the Service could set speed 

 limits using authority under the Endangered Species 

 Act and the Marine Mammal Protection Act to estab- 

 lish "Manatee Refiiges" under 50 CFR Part 17 of the 

 Service's regulations. 



On 17 October 1991, the Service replied noting 

 that it intended to publish a notice of intent to prepare 

 rules under the authority cited by the Commission. 

 Concerned about the need to act promptly, the Com- 

 mission wrote to the Service on 19 November 1991 

 recommending that the Service expedite the intended 

 notice. It also recommended that, if the Service had 

 not already done so, it should immediately begin 

 developing proposed rules that include measures at 

 least as strong as those in the State rules adopted by 

 the Governor and Cabinet for Volusia County. 



On 27 November 1991, a formal challenge to the 

 State's Volusia County boat speed rules was filed by 

 a local citizens' boating group. By the end of 1991, 

 the Service had not yet published its proposed notice. 



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