CLIPS FROM THE COUNCIL

Government Affairs

January 2012 Government Affairs Update

January 2012 Government Affairs Report

At The Federal Level

FCYC is monitoring the following Federal activities for future developments:

E15 Ethanol in Marine Engines

NBF reports that testimony was given before the House Subcommittee on Energy and Environment to address concerns on E15 ethanol use in marine engines. Testimony was given by a representative from Mercury Marine for the NMMA and also representatives from the U.S. EPA, the American Petroleum Institute and four other interest groups testified. Mercury Marine's engine testing demonstrated significant problems including severe valve damage, deterioration of the fuel pump gasket, excess carbon deposits and compatibility issues with other materials in the fuel systems. These problems encountered in the testing and the degraded engine performance also caused an increase in exhaust emissions. E15 contains 5-6% oxygen which makes the fuel burn hotter and the higher temperature reduces the strength of the metallic engine components. These tests, along with previous tests, continue to demonstrate the risk of engine failure and the resulting costs to the boating public if E15 is allowed in commerce.

GPS Interference Concerns

Testing Continues to Show Interference from the LightSquared Network:
A final test report will be sent to the National Telecommunications and Information Agency (NTIA), which advises the President on telecommunications policy. Analysis of the test findings found no significant interference with cell phones. However, the tests did show harmful interference with GPS receivers. Further analysis by the FAA also found interference with commercial flight safety systems. A final report will be sent from the NTIA to the FCC, where, presumably, a final decision will be made on whether or not to allow the proposed LightSquared network to begin operations.

Digital Selective Calling

As the Coast Guard’s new marine radio network Rescue 21 becomes operational throughout the U.S., rescue centers can now receive instant distress alerts from commonly used DSC-capable VHF marine radios. However, approximately 90% of VHF DSC distress alerts received by the Coast Guard do not contain position information, and approximately 60% do not contain a registered identity. The Coast Guard cannot effectively respond to a DSC distress alert sent from such a radio.

Wallop/Breaux Reauthorization

The Senate Energy and Public Works Committee (EPW) passed a two-year Highway bill and the House is working on another version which has not yet been presented or passed in Committee. However, the Wallop/Breaux Sport Fish Restoration and Boating Trust Fund (SFRBTF) which is normally included in the Highway bill, was not in the Senate bill, although prospects for eventual inclusion look promising according to comments by certain Senators and staff. Funding for the SFRBTF is obtained from taxes on fishing equipment, motorboat fuel, imported boats and small engines. In turn the funds are then allocated to Federal and state programs for wetlands conservation, sport fish restoration, boating safety, boating access and the Boating Infrastructure Grant (BIG) program.

At The State Level

FCYC is monitoring the following State activities for future developments:

FWCC – MEETINGS, RULES AND REGULATIONS

Florida Fish and Wildlife - In accordance with the Oil Pollution Act of 1990, the National Environmental Policy Act, and the Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill, Federal and State trustee agencies have prepared a Draft Phase I Early Restoration Plan and Environmental Assessment (DERP/EA) describing and proposing a suite of early restoration projects intended to commence the process of restoring natural resources and services injured or lost as a result of the Deepwater Horizon oil spill, which occurred on or about April 20, 2010 in the Gulf of Mexico. The Florida and Federal Trustees will host a public meeting to discuss and take public comments on the DERP/EA. A copy of the DERP/EA may be accessed via http://www.dep.state.fl.us/ deepwaterhorizon/.

January 11, 2012 - 6:00 p.m. (Central Time)

Emerald Coast Convention Center

1250 Miracle Strip Pkwy. S.E.

Fort Walton Beach, FL 32548

January 12, 2012 - 6:00 p.m. (Central Time)
University of West Florida

Conference Center Rooms B and C

11000 University Pkwy.

BOATING ADVISORY COUNCIL MEETINGS

The Boating Advisory Council has announced the following two meeting dates in 2012. No official notice has been given but will provide updated information including the proposed agendas as it becomes available.

March 29, 2012

Tallahassee, Florida

September 20, 2012

St. Petersburg, Florida

FCYC Yacht club members with an interest in State regulation of anchoring and mooring are encouraged to attend and participate these meetings and report back to Ray Starsman, FCYC Government Affairs Chairman using e-mail to rstarsman@yahoo.com.

ANCHORING AND MOORING PILOT PROJECT

Joe Dowdell P/C of Marathon Yacht Club attended the Monroe County Marine and Port Advisory Committee meeting in Marathon Nov 30. He reports that the Committee recommended to the County Commissioners to implement a pilot program covering only Boca Chica Basin and Sunset Cove for regulation to start. They dropped Key West Harbor from the pilot program. Also, there will be a 30 day grace period probably since St Augustine’s ordinance that had 10 days was changed to 30 days before it was approved. After that an anchored vessel must have been inspected by the USCGA and provide proof of pump out. It should not concern FCYC cruisers who aren't going to stop and stay at anchor for more than 30 days.

MANATEE UPDATE

Annual manatee death count shows cold weather an unusually big factor again

A cold-related die-off of manatees in early 2011 set the stage for a third straight year with high numbers of deaths for the species. Biologists with the research arm of the Florida Fish and Wildlife Conservation Commission (FWC) documented 453 manatee carcasses in state waters in 2011.

During the past three years, biologists documented the highest levels of cold-related manatee deaths, with the “cold stress” category accounting for 112 in 2011, 282 in 2010 and 56 in 2009. In the previous five years, cold stress accounted for an average of 30 manatee deaths per year.

The total number of reported manatee deaths in 2011 was the second-highest on record. Biologists documented a record 766 manatee deaths in 2010 and recorded the third-highest total of 429 in 2009.

“We are concerned about the number of manatee deaths the past three years, including those resulting from exposure to cold weather,” said Gil McRae, director of the FWC’s Fish and Wildlife Research Institute. “Over the next few years, we will use data from monitoring programs to better understand any long-term implications for the population. We will continue to work with our partners to enhance the availability of natural warm-water sites, which are important habitats for the species’ survival,” McRae said.

FLORIDA STATE LEGISLATION

SUBMERGED LAND LEASES

As written SB 88 sponsored by Senator Jack Latvala and HB 13, the House companion sponsored by Representative Jim Frishe address only private residential docks or piers and would not impact FCYC clubs. The Bills are moving through the respective House and Senate subcommittees.

VESSEL SAFETY

HB 341 and identical SB 508 revise certain requirements for operating personal watercraft & requirements relating to boating safety courses required for leasing or renting personal watercraft from livery. As written, this legislation would prohibit use of watercraft by anyone under the age of 16 years; prohibit use of a personal watercraft by a person who does not hold a boating safety identification card that complies with the current law; and prohibit a person who owns and operates a personal watercraft, to knowingly permit anyone under the age of 16 years to use/operate a personal watercraft. Effective Date: July 1, 2012.

Ban of Exploration, Drilling, Extraction, and Production of Oil in Florida Territorial Seas

HB 23 and identical SB 90 propose an amendment to Section 7 of Article II of the State Constitution to prohibit the exploration, drilling, extraction, or production of oil beneath Florida waters between the mean high-water line and the seaward limit of Florida's boundaries, etc.

AIRBOATS

HB 773 and identical SB 958 require the Fish & Wildlife Conservation Commission to establish voluntary sound-testing program for airboats; allow airboats that test below specified sound level to be operated on all navigable waters of state, including waterways on which airboats are prohibited by local ordinance; require super majority vote to enact certain ordinances regulating airboats. Effective Date: July 1, 2012

FISH AND WILDLIFE CONSERVATION

SB 804 and related HB 7025 Change a funding source of the Marine Resources Conservation Trust Fund from excise taxes to vessel registration fees; remove the provision requiring that undistributed funds be carried over to the next fiscal year; repeal provisions relating to the publication of the Florida Wildlife Magazine and the Florida Wildlife Magazine Advisory Council; delete provisions that restrict the special authorization to hunt under supervision to 1 year and that prohibit issuing the special authorization to the same person more than once; reduce the fee for soft-shell blue crab endorsements; add to the offense severity ranking chart, to be used with the Criminal Punishment Code for sentence score, willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy or the unauthorized possession or removal of trap contents or trap gear, etc. EFFECTIVE DATE: except as otherwise expressly provided in this act, this act shall take effect July 1, 2012