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FWC denies group’s King’s Bay petition
CRYSTAL RIVER — A citizen’s group bent on reversing what itconsiders a “federal seizure” of sovereign Florida waters could have been the author of the old adage — if at first you do not succeed, try, try again.
Save Crystal River Inc. has run into another hurdle in its efforts to rescind the new U.S. Fish and Wildlife Service (USFWS) rules governing waterborne activities: The Florida Fish and Wildlife Concervation Commission (FWC) has rejected the group’s petition to revisit the agency’s cooperative agreement with USFWS.
Wednesday, Mac Williams, a spokesman for Save Crystal River, said he is going to resubmit the petition Thursday — this time to the FWC commissioners and not to the administrative staff whom he accuses of misinterpreting the group’s petition intentions.
Meanwhile, Pat Rose, head of the Save the Manatee Club, praised the actions of FWC officials and asserted his pleas for cooperation with Citrus County politicians have fallen on deaf ears and he is tired of it.
In a petition denial dated April 26, FWC said Save Crystal River’s request to include language that says, “It is not the intent of the (Florida) Legislature to permit the commission (FWC) to post and regulate boat speeds generally throughout the waters of the state, thereby unduly interfering with the rights of fishers, boaters, and water skiers using the areas for recreational and commercial purposes” and to state an understanding that state law enforcement is prohibited from enforcing federal rules in federally-designated manatee refuges were not “appropriate” for inclusion in FWC’s cooperative agreement with USFWS, which was inked in 2001.
The FWC denial order also said the group’s contention that King’s Bay waters are “solely regulated” by federal authorities was not correct. And that in fact, local and state law enforcement continue to function in the bay to ensure public safety.
Williams said FWC’s lawyers misinterpreted his group’s goals, which he said is simple — to prevent the seizure of state waters by federal authorities by using “arbitrary and capricious” means to draw lines.
“The tenor in 2012 is that the FWC commissioners are on our side and they are the ones we are going to deal with from now on, and not the staff,” Williams said.
Save Crystal River already had unanimous resolutions from the Crystal River City Council and the Citrus County Commission in support of their efforts to change the terms of the FWC/USFWS pact.
Crystal River City Attorney George Angeliadis counseled against inclusion in the city’s resolution of support, the very language FWC used in its denial order. The City Council rejected his counsel.
Rose, of Save the Manatee Club, said politicians in the county have become “vindictive.”
“Hallelujah to FWC for recognizing the craziness of all of this,” Rose said.
“They (the politicians) want to make USFWS to pay so bad for passing these rules that they will follow a bunch of people — a minority, by the way — down this road of no compromise. The frustrating thing for me remains that most of these people were in support of slow speed and all the rules recently made by USFWS. It’s the hypocrisy that is disappointing,” Rose said.
Rose is referring to a city council resolution from 2007 which states, among other things, that while progress was made in restoring the Florida manatee, this progress is threatened by boat collisions and that the collisions could be reduced by imposing a year-round slow-speed zone in the waters of King’s Bay. It also said the city was transmitting the report to the USFWS and Florida Department of Fish and Wildlife for consideration of a year-round slow-speed zone in King’s Bay.
The council at the time included the current Mayor Jim Farley, former Mayor Ron Kitchen, who is now a councilman, and Maureen McNiff, who is also a sitting council member.
Councilman Kitchen said last year, the aim of the 2007 resolution was strictly to transmit what the Waterfront Advisory Board recommended and “was in no way an endorsement of those ideas.”
Mayor Farley, who also voted for the 2007 resolution, said current ideas about government intrusion are what is driving his opposition to the plan.
“In 2007, we thought we were trying to address speeding in the bay, but this rule is a massive overreach. It’s a federal takeover of our waterways and also a property rights issue for me,” said Farley last year.
Chronicle reporter A.B. Sidibe can be reached at 352-564-2925 or asidibe@chronicleonline.com.
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Business Owners
Business Owners of Citrus County and Crystal River, you need to be aware that the inability of the Council Members and Commissioners to get off their high horses, come back down to earth and actually give a hoot about you and your business is going to cost you big. They can ride the "we hate the federal government" crap all the way to the bank, but you will loose in the end. It is not the council meeting or the commissioner meetings that people will refuse to have anything to do with, it will be your shops, hotels, restaurants, vegetable stands, dive shops and swim with the manatee tours that the people will avoid.
Tourists come here because THEY LOVE THE MANATEES and THEY THINK WE ARE ACTUALLY TRYING TO PROTECT THEM. When they find out in the U.K. and Japan and Germany and Indiana, Georgia, Nevada, and the rest of the U.S. that for Crystal River/Citrus County, Florida it is not about protecting the manatees (and all other endangered species in this state) but that it is ALL about fighting the Federal Government they will not see us in the same light. Disney and the east coast of Florida have a lot to offer people who really care about having fun AND seeing nature.
My most INSINCERE thanks to the Citrus County Commission and the City of Crystal River City Council for sticking YOUR LOCAL BUSINESS OWNERS' necks on the chopping block to appease a very small (yet filthy rich) group of people. We will come up with a way to repay you at election time.
Damn Straight
There is intelligent life in Citrus.
Posers prancing for deep pocket contributions from long-haired old farts-political-wanna-bees.
Wonder how much each of them contributed to ANY "Save the Manatees" movement versus how much they'll spend just to piss and moan about who says "No Wake"?
JustAmazed
statutory authority for speed limits?
The Chronicle has never reported the statutory authority under federal or state law for setting speed limits for vessels in Kings Bay. I see nothing under federal statutes except FWS can set a sanctuary or refuge for endangered manatees and a slow or idle speed limit in that area, solely to reduce "take" and temporarily, in conformity with a population recovery plan, under the Endangered Species Act and Marine Mammal Protection Act. Unexplained is how the federal government can set a speed limit other than idle or slow, for example in the proposed high-speed zone. Such a speed limit has never before been enforced to my knowledge under federal law. On the other hand, the state can set a speed limit for congested waters. But only after hearings that take into account not just manatee populations but also commercial and recreational boat owners and property owners and all interested parties, and only after careful study. This was discussed in 2007 according to Farley and Kitchen and adds to the reasons to oppose the federal takeover. One has to question what will happen when the lawmen try to enforce something that turns out not to be against any laws. So far tickets for speeders in the bay have been for "reckless operation of a motor vehicle" but drivers are not licensed in Florida and "reckless" has to mean endangering humans not manatees. For example, what is the authority for FWS to seize a vessel anchored in the new no-anchor zone after June 1? Their justification, without any scientific study, is that manatees are attracted to anchored boats. But this is not "take," which has to be deliberate, intentional, or negligent act that harms the animals. It appears that the federal actions are arbitrary, capricious, and without scientific, economic, or legal foundation. I challenge The Chronicle to come up with those foundations now and urge a lawsuit to overturn the FWS refuge regulations. The state of Florida should govern speed limits not the feds. This is the best way to protect both manatees and people.
Ur Soo confused
First, "taking" s not the issue. It's conservation and a protected species. Got that? No, start studying with an open mind.
Second, on agency controlled waters (choose the agency, state, federal or muni) it is implicent within the definition of authority by case law that the agency has the authority to control, limit, restrict, etc., etc., anything and everything not precluded by federal or state constitution. I.E., you dumbass, speed, access and use!
Third, picking a very specific and limited finding under the Mammal Protection Act and linking that to another specific and limited theory of manatees attracted to anchored boats as an invalidation to either the authority or purpose of regulating speeds and access is like saying there is a link between numerous studies investigating cancer incurred by cell phone use, why dogs hear ultrasonic sounds, and the need lack of authority by myself to keep out trespassers.
You're linking unrelated semi-facts to make a totally irrelevant point. Duh, Homer, you're pastor might be impressed, not me.
And then we come to the bottom line. The Feds Vs State. Who gives a crap? Regulation is regulation, and unless you've got a ton of grant money to fund a state road instead of a fed road, go fish...you got no game.
Please also read the post above by @FedUp. He's got a clue about another true aspect.
JustAmazed
Mac Williams, with a blind wyw
To both reality and the truth. He says his next submittal will be directly to the FWC commissioners 'cause the staff is misrepresenting the intentions of SCRI. HE accuses both govt agencies of "overreach".
Has he considered that he just doesn't just understand the need for intervention where local efforts have been swayed too far by a few with too much time and not enough foresight? Is he the least bit aware of his own "overreach" in attempting to influence a process that simply has a purpose counter to his own?
Go get'em Homer. You're getting a little long in the tooth, and no one pays attention to you anymore unless you throw a little hissy-fit. Is your life now justified and valid because you have a meager following of similar people lacking in validation and applause?
Take it up with a shrink.
JustAmazed
Talk About Over reach
Crystal River Home of the Manatee. You would think that our elected officials would be smart enough to know what they just did. Their resolutions are now attacking the ability of USFWS to protect all endangered and threatened species in the ENTIRE the State of Florida. For a community that loves its manatees they have a funny way of showing it.
And the headlines will read........
"City of Crystal River and Citrus County spend millions to fight the Federal Govt for trying to protect the endangered Manatee". Yup, that should boost tourism. Wow, way to go team. Next time maybe you should take the advise of council and not a local "loon", who by the way doesn't even live on the bay, or in the City. Who needs the Manatee tourism anyway, It's the Thrift stores, swap meets, and pawn shops that brings shoppers to Crystal River. Well that and one very exciting Mall.