Anchoring rights in Florida: Mariner's BARR

[Captain Smollett]

Here's one of the organizations involved in the fight:

Mariner's BARR, which stands for Boaters Anchoring Rights and Responsibilities.

Signing up on the site is free and allows you receive updates on the legal battle in Florida.

I've been in contact with the Executive Director, Charmaine Smith Ladd, who has been involved in fighting HB 1423 for two years.

One of the things I like about this organization is the emphasis not only on boater's rights, but also responsibilities.

Please at least read the "Anchoring Myths" page there..,very informative.

(I'm only a passive member, not a representative of the organization)

[Captain Smollett]

Received this email outlining a 10 Nov. 2011 article on "Waterway Guide."

I thought this would be of specific interest to sail-far-ers since we have several members who anchor in or near Stuart.

For the quick read, I've highlighted what I think are the key points in this article.

Stuart Draft Anchoring Ordinance Update ? Long Meeting, No Decisions
Reported By: WG Staff

The 7-hour Martin County Commission Meeting Tuesday (Nov. 8) was not well attended, but five people made public comment about the draft ordinance.
Three hours into the meeting, County Director of Growth Management, Nicki van Vonno introduced the pilot program, and Senior Asst. County Attorney Krista Storey spoke to the details of the draft ordinance - mooring fields and anchoring restrictions proposed for the City of Stuart frontage on the St. Lucie River and the Jensen Beach area on the Intracoastal Waterway. Some discussion of options for Manatee Pocket was discussed as well, but no decisions were made.


Enforcement options were discussed, especially per enforcement of sanitation rules for non-cruising, liveaboard boats, suggesting that decals or burgees could be used to identify compliant vessels.


During the public comment period, Mark Perry of the Florida Oceanographic Society spoke to the protection of the sea grass beds, regardless of the boundaries, stating that if these regulations help with enforcement of the environmental laws already on the books, he's in favor of the ordinance.


Jody Foster spoke in opposition to the ordinance "I don't think the ordinance addresses the objectives of the Pilot Program" (access to water, navigational safety, and marine infrastructure. "What you're talking about is prohibiting people from parking in certain parking lots," and they will just be anchoring somewhere else. She spoke in favor of the Jensen Beach mooring field.
Business owner Valerie Jones owns waterfront prop and a small marina: "If the laws on the books were enforced, the problems would be substantially reduced," and the problem is the derelict boats abandoned or occupied by indigent people, many of which were given away by marinas who don't want to pay for their disposal. "They are more of a problem for the legitimate cruisers than they are for us."


Dr. Thomas Fullman spoke against the Jensen Beach mooring field, questioning why 56 moorings are being build when no more than 26 boats are ever anchored in the area.
The last public comment was from Craig Woll: "Any consideration of mooring fields without including Manatee Pocket is foolish. It's the only well protected anchorage in the county."


The draft ordinance can be downloaded from this link:  ftp://ftp.martin.fl.us/pub/outgoing/slawton/AnchoringandMooring.pdf

- Mike Ahart, Online News Editor

[CharlieJ]

Sunset Bay marina there in Stuart (on the St Lucie) has 86 balls and has had vacancies every time I've been there.

Nic place, nice people by the way.

On a side note-  the marina at Bradenton Beach wanted to charge me $25.00 to pump out my 5
Gallon MSD. I declined. Spent last night in Madeira Beach Municipal. $30 for the slip and free pumpout.

Bradenton beach is a great stopover none the less.  City run dinghy dock, clean public restrooms and seperate shower and free trolley service to Publix, Ace Hardware, West
marine, etc. And a two block walk to the beach.

[Captain Smollett]

Sunset Bay marina there in Stuart (on the St Lucie) has 86 balls and has had vacancies every time I've been there.

That's kind of the point...this is NEW legislation being considered, and it's part of a state-wide feasibility program that appears as though it might be geared toward ultimate state-wide adoption of anchoring restrictions.

Florida is still perched on the slippery slope; whatever "rights" exist today are by no means guaranteed for tomorrow.

[Captain Smollett]

Got this email last night:

URGENT NEWS: Need everyone to write to Martin County Coastal Engineer, Kathy Fitzpatrick (kfitzpat@martin.fl.us) and protest the proposed buffer zone ordinances for Manatee Pocket. Kathy heads up the city of Stuart/Martin County Pilot Program partnership. Though many have written the FWC with their concerns, Martin County needs input from the boating public NOW in order to remove the setbacks proposed for Manatee Pocket before submitting to FWC. The setbacks, reasonable in some areas of Martin County, are totally unreasonable for Manatee Pocket as they eliminate anchoring there. This was inadvertent and not the intention. Without protests coming in, Martin County will simply leave it as it is. But with protests coming in NOW, Manatee Pocket can be saved. PLEASE spread the word and get emails out TODAY. Thank you so very much for your continued support.

You can read the entire proposed ordinance at this link, under Stuart/Martin County: http://www.marinersbarr.org/fpp/sites.html



Charmaine Smith Ladd

{emphasis mine}

[JWalker]

email sent.

[Captain Smollett]

Just received this email update, this time regarding anchorage closure in St. Petersburg (I've edited out some of the editorial comments):

ST. PETERSBURG - VINOY BASIN CLOSED until January 2012. All anchored vessels are being informed it is a construction zone as the area is being prepared for the new mooring field.

...

This is a slick way of prohibiting anchoring sans ordinance, by using all the good anchorage area for moorings. It is also a way to remove all boats currently anchored there (Titusville has done the same thing, though not a part of the Pilot Program) -- all done without ordinance.

...

The right to navigation and safe harbor has been thrown to the wayside.

...

The DREAM of living aboard and cruising is effectively being dismissed as one of irresponsibility.

...

Most mooring fields in the Pilot Program are requiring vessels be insured in order to use their moorings.

...

St. Augustine's 10-day anchoring ordinance (and other setbacks) will be put before the FWC Commissioners in Key Largo tomorrow. Overwhelmingly, the boating public (as well as all major boating organizations) see this as unreasonable and unfriendly. Let's see if FWC listens to the public and the recommendations of the Coordinated Reviewers...or simply gets out the rubber stamp. Time will tell the tale.

Thank you for your continued support and efforts.

--
Charmaine Smith Ladd
Executive Director

If anyone wants to see the full text, let me know and I'll post it.  There are some good points that I've left out (such as regarding safety...bypassing St. Pete and pressing on even though prudence suggests stopping, etc).

[Captain Smollett]

Some GOOD NEWS for a change!

Members of the BARR and SSECN have spoken and persuaded, despite the odds seemingly stacked against us. St. Augustine put a 10-day anchoring ordinance up for approval by the FWC Commissioners in Key Largo this morning. NMMA and Boat US had submitted recommendations of a 30-day ordinance, Only Bonnie Basham (from Boat US) and yours truly spoke. My case for not alienating cruisers from Florida's waters was heard as my recommendation of a 90-day anchoring ordinance (IF there had to be any anchoring time limit) was proposed to them. The FWC Commissioners agreed that 10-days does send out an "unwelcome" message to cruising tourists and that is NOT the message Florida wants out there. Many of the Commissioners spoke up to say "We WANT cruisers here in Florida waters. They should be made to feel most welcome."

The FWC of course was stating this is a "test" of five Pilot Program sites and St. Augustine is the first to come to this juncture. That was very important to me, as since it is the first, perhaps the other four need a message sent to them that any anchoring ordinances limiting cruisers to less than 30 days will not fly. I brought this to the attention of the FWC Commissioners. Telling them that cruisers are very fearful this is the beginning of the end for cruising with the options necessary to enjoy this lifestyle. It too must be preserved. For two hours they had talked of the preservation of manatees, turtles, sharks, etc. Well, what about PEOPLE and their pursuit of happiness! I believe it more than struck a nerve with the Commissioners. I found them to be highly attentive and deeply concerned that something was awry. When asked, "Can you complete your testing if boaters can anchor with a 30-day limit instead of only 10 days?" - the FWC Officer said, "Yes." That pretty much was the nail in the proverbial coffin for such a strict ordinance as St. Augustine's proposal.

What this means is in St. Augustine, one can anchor for 29 consecutive days without moving. If a stay longer than that is desired, simply either move to a mooring ball for 24 hours or out of the City limits {go for a sail!}), then come back after 24 hours and you get another 29 days of anchoring. THIS IS A VICTORY, it truly is.

I think it is very interesting that not ONE word was mentioned about boater pollution or derelict boats by the FWC Officers heading up the Pilot Program. Not a peep. Perhaps the recent spill of 45,000 gallons of raw sewage in Sarasota Bay and other areas (which the DEP says will take only 2-3 days to clear from the waters) has them tongue-tied. Blaming boaters for Florida's water pollution is so ridiculous it is almost laughable. The fertilizer from orange groves alone do serious damage. It is just not possible for boaters to pollute the waters to a measurable impact and they know it. The vast majority of boaters pump-out, but the bottom line is that the FWC potty raids are a joke and only there to harass boaters. This is the type of harassment boaters have faced in Florida for decades. Instead of us seeing the beginning of the end, we have got our anchors back in St. Augustine. This is reasonable and workable, even though the whole Pilot Program "test" is a big sham. But we do what we have to do...and we're doing it!

THANK YOU to all of you have written emails and submitted comments to FWC. It is your voice that has been heard. We cannot continue to enjoy this lifestyle unless we fight for it. Others are listening and responding in a positive fashion. You all know I would rather not have the Pilot Program as it is a ruse to control and regulate cruisers as a revenue source. But it is here and we are dealing with it as best we can. Knowing that the FWC Commissioners will not allow unreasonable anchoring prohibitions is a huge reward for all our efforts.

A big thank you (and Congratulations on being appointed the new President of Boat U.S.) to Margaret Podlich and their Representative who spoke today, Bonnie Basham; and also many thanks to David Dickerson of NMMA for all his efforts on behalf of the National Marine Manufacturers Association.

As soon as the verdict was in, I phoned my partner SSECN's Claiborne Young and filled him in. He was (and still is) ecstatic with the news! He immediately sent out the SSECN alert below:

http://cruisersnet.net/huge-victory-for-the-cruising-community-florida-fish-and-wildlife-commission-sets-st-augustine-anchoring-limit-at-30-days-not-10-days/

Keep up the great work! Four more Pilot Program sites to go. So far, Monroe County and Stuart/Martin County are not proposing anchoring time limits (though we are working to get Manatee Pocket in Stuart completely out of the PP loop and available for anchoring); St. Petersburg has cleared Vinoy Basin to install a mooring field; and Sarasota will no doubt be our biggest battle.

Again, many thanks!

--
Charmaine Smith Ladd
Executive Director, Mariner's Barr (Boaters' Anchoring Rights & Responsibilities)
SSECN Special Correspondent & Representative (cruisersnet.net)

[Oldrig]

Cask o' grog to you, John! ;D

--Joe

[Captain Smollett]

Cask o' grog to you, John! ;D

--Joe

Not to me...or, I'll give it to Charmaine.  She's the one with boots on the ground doing the dirty work for the rest of us.

[Oldrig]

Oops, I didn't read very carefully.

Well, maybe you and Charmaine can share that grog. Thanks for posting this.

[JWalker]

That is good news....thanks for keeping us updated.

[Captain Smollett]

Update, this time from St. Petersburg.

Link to Draft of Proposed Ordinances presented 24 January 2012 (PDF Warning)

I'm looking at Section 7-226 and scratching my head:

Restrictions on Live-aboard Vessels and Floating Structures

No live-aboard vessel or floating structure shall dock, berth, moor or anchor in any of the waters or waterways within the city limits of the City unless such live-aboard vessel or floating structure is docked, berthed, moored or anchored in a public or private marina within a berth or slip.

Also, note that the ordinance, a 'hazardous vessel' is one that (among other things that make sense):

(1) Is not properly registered (lack of a sticker makes a vessel hazardous?)

and

(2) has excess marine growth.  (I wonder who decides and how that is decided?)

Very interesting ...

[Chattcatdaddy]

A sad situation in FL these days. Individual civil rights have been slowly going away in the good ol USA for a long time.

[CharlieJ]

That specifies- "a live-aboard vessel". Cruising bots are not considered  "live aboard". I  have a print out of the Florida law aboard Tehani- I'll have  to get it tomorrow and read what the specifications are for a "live- aboard".

I can tell you this- we  (and or I) had zero hassles anchoring anywhere in Florida. And that included several nights off Marco Island, where the poop first began.

[Captain Smollett]

I can tell you this- we  (and or I) had zero hassles anchoring anywhere in Florida. And that included several nights off Marco Island, where the poop first began.

Charlie, I hear ya, but this is a new round of legislation that is being done under a new program instituted at the State level.

It remains to be seen if these new legislative actions are consistent with or redefine the law you are referencing.

[JWalker]

I spent about 30 minutes with Rick, the harbormaster in St. Petersburg  yesterday, he and a man named Walt are the two main guys involved in the pilot program there.

I gave him my views as a cruiser, and what I had seen the year before in saint augustine, and also the free dock with pumpout in fort walton beach., and the fact that if I was forced to take a mooring every night, I and most other cruisers I know would offshore right past florida and take our dollars to somewhere who wanted cruisers like us.

He told me that what was happening only concerned the city of St. Pete and that the laws would become defunct in 2014, I told him I thought he was very wrong, because whatever they work out will become state laws and affect not only all florida citizens but the cruising community as well.

I also told him that I saw the problem with the derelict anchoring ect, but that the rest of us were getting thrown under the bus along with them.

He told me that they didnt want to outlaw anchoring outright, but they wanted to control it. They have an idea in mind for a 72 hour anchoring time, and after 72 hours you have to up anchor and move, even if its just to the dock and back. I get the idea but I think 72 hours is ridiculous. 7-10 days maybe.


He seemed open to input, and did talk with me for about half an hour.

FWIW.

[Captain Smollett]

He told me that what was happening only concerned the city of St. Pete and that the laws would become defunct in 2014, I told him I thought he was very wrong, because whatever they work out will become state laws and affect not only all florida citizens but the cruising community as well.

He *IS* wrong.  It's called the "Pilot Program" for a reason.  They, the State, are 'testing the waters' in certain select cities before they plan to roll this out statewide.  They want the initial (4 if I recall correctly) cities to work out the kinks before trying on a grander scale.

Go to the Florida DNR web site and read about the Pilot Program.  I've posted links here on sailfar before.

The 2014 'sunset' is in the current draft, but ONLY because this is initial steps in a larger program.  Ask yourself..."why would the town go to great expense to enact, implement and enforce such a program that will in effect only exist for ONE YEAR?"

They wouldn't.  The sunset clause is only for this DRAFT of the program.

He told me that they didnt want to outlaw anchoring outright, but they wanted to control it. They have an idea in mind for a 72 hour anchoring time, and after 72 hours you have to up anchor and move, even if its just to the dock and back. I get the idea but I think 72 hours is ridiculous. 7-10 days maybe.

Yes, the 72 hours bit is all over the current draft introduced on 24 January 2012. 

My question to him would be:

"If my boat is clean, well kept, not a nuisance or hazard in any way, why do they care how long I anchor out?  What on earth could I be hurting?"

Aside from the pocket books of the marina's that are not renting me a slip, or the town for not renting me a a mooring, that is...but, with this ordinance in place, as you point out, they won't get that money...FROM ME...anyway.

They will NOT win with this; it WILL harm their tourism (from cruisers) and gives their town reputation a black eye.  The sooner they realize that, the cheaper it will be in the long run.  Go after the derelict vessels with laws that already exist and stop trying to micromanage and manipulate everyone else's lives.

St. Petersburg should tell the State..."Go find someone else to be your (expensive) guinea pig for the Pilot Program!"

Rant Off...

[JWalker]

Actually what I did tell him was that Every cruiser I met told me about the free dock at fort walton beach, and that we spent a few days there and saw a steady stream of cruiser stopping through....

but that NO ONE had told me what a neat downtown and artist scene that st petersburg had, and the only reason I was there was to deliver a boat.....and that we had briefly looked at st pete, but there werent any good anchorages so we went on to bradenton beach and spent our money there, and that I didnt think the new mooring field was going to draw many cruisers.


Funny thing is, the mooring field isnt open yet, but someone sailed in and picked up a mooring, and they have no way to enforce making them leave!  ;D

So there is a sailboat on a free mooring right now.

[Jim_ME]

I'm glad to see this discussion.

I can understand that what CJ says is true, that it hasn't caused much  of a problem yet, but it seems to me that the threat is in the long term.

Once the authorities get their foot in the door, it will be easier to make changes over time. The biggest precedent may be going from no (local) anchoring regulations to some restrictions on anchoring. It will probably be easier to add more restrictions down the road.

As you increase the staff to be able to monitor which boats have been where for how long, who may be violating a mooring field buffer zone, [enforcement actions] etc. you may get self-justifying expansion.

In the past each captain has had the option to anchor out if the cost of local marina slips or moorings seem too high. What will happen to those prices if anchoring is no longer an option, especially with a growing staff and expanding duties to do and pay for?

I am concerned about what it's going to be like for the next generation of cruisers, especially modest-boat frugal ones like some of us. Many times there is nothing more immortal than a program that gets established and takes on a life of its own. They can take their time, with endless rounds of a two-steps-forward-and-one-step-back approach.

One possible idea might be to start an index of cruising ports and to have those of use that have had an experience with them to review them, perhaps for several aspects, such as how friendly they are to small boats, respect for traditional anchoring rights, dinghy dock cost, etc. This way we could reward the good ports and boycott the bad ones.

We already get some of this information from the cruising threads and blogs, such as reading about your experience in Charleston, JR, or your experience, JW, at the Big Bend of Florida. Perhaps a more systematic index would have a bigger impact? Maybe others are doing this in some form now, but we could assess them on the issues that are uniquely relevant to the members of this forum.