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RESOLUTION NO. 84- 61
A RESOLUTION DESIGNATING THE SEBASTIAN RIVER AS A
MANATEE AREA; REQUESTING THE STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES TO POST SIGNS IN THE AREA FOR THE
REGULATION OF BOAT SPEEDS IN THE SEBASTIAN RIVER AND TO
ENFORCE SUCH REGULATIONS FOR THE PROTECTION OF THE
MANATEE THEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the manatee (sea cow) has been designated
as a Florida State Marine mammal and is protected under Florida
Statutes 5370.12; and
WHEREAS, there have been frequent sightings of
manatees in the waters of the Sebastian River in Indian River
County; and
WHEREAS, it can be generally assumed that manatees
inhabit the Sehastian River in Indian River County on a regular or
continuous basis; and
WHEREAS, the public has expressed concern about the
recent deaths of manatees related to colli -ions with motor driven
vessels within the Sebastian River in Indian River County and
elsewhere in Florida; and
WHEREAS, the Board of County Commissioners of Indian
River County wishes to take action to preserve this marine mammal
within those waters it frequents.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows that:
1. The Board of County Commissioners hereby declares
the Sebastian River, also known as the Sebastian Creek, in Indian
River County to be a manatee area; said area to include the
waters of the Sebastian River lying within the following sections
of Indian River County;
Section 25, Township 30 S, Range 38 E. Sections 21, 22,
23, 27 and 28, all within Fleming Grant; Section 14,,._
Township 31 S, Range 38 E; Section 23, Township 31 S,
Range 38 East.
Said area shall extend from the Brevard County line and
the intersection of the Sebastian River and the intra -
coastal waterway, South to the intersection of the
Sebastian River and State Road 512.
Copies of the United States Department of Interior Geological
Survey maps and the Indian River County sectional maps depicting
the course of the above-described waters are incorporated within
-1-
this resolution and attached as Exhibit "A."
2. The Board of County Commissioners hereby requests
the State of Florida Department of Natural Resources to assess the
need to erect signs in the appropriate areas of the Sebastian
River to regulate boat speeds upon such waters and to enforce such
regulation through its Department of Law Enforcement, for the
preservation and protection of the manatee, Florida's state
marine mammal.
3. The Board of County Commissioners hereby agree to
assume partial responsibility for the cost of erecting such signs,
in an amount to be agreed upon after the Department of Natural
Resources determines the total cost of the appropriate Binns,
4. That the Board of County Commissioners and the
Indian River County Sheriff's Department hereby agrees to assist
the Department of Natural Resources in enforcing any rules or
restrictions tnn nannrtment of Natural Resources places upon boat
speeds within the Sebastian River manatee area.
Said resolution shall become effective as of the]2thday
of September , 1984.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Bowman and, upon being put to a vote, the vote
was as follows:
Chairman Don C. Scurlock, Jr. Ave
Vice --Chairman Patrick B. Lyons Ave
Commissioner Richard N. Bird Ave
Commissioner Margaret C. Bowman Ave
Commissioner William C. Wodtke, Jr.Ave
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of September , 1984.
BOARD OF COUNTY COMMISSIONERS
•� ; •• �``• < DON SCUR OCR, JR.
Chairman
Attests
ti A' WR GHT ,
.Clerk 4AAtd, LtJ24 D�
�QJ �
APPROVED AS TO FORM
iEGAL CY:
NTY TTORNEY -2-
k
RESOLUTION NO. 84- 61
A RESOLUTION DESIGNATING THE SEBASTIAN RIVMR AS A
MANATEE AREA; REQUESTING THE STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES TO POST SIGNS IN THE AREA FOR THE
REGULATION OF BOAT SPEEDS IN THE SEBASTIAN RIVER AND TO
ENFORCE SUCH REGULATIONS FOR THE PROTECTION OF THE
MANATEE THEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: the manatee (sea cow) has been designated
as a Florida State Marine mammal and is protected under Florida
Statutes §370.12; and
WHEREAS, there have been frequent sightings of
manatees in the waters of the Sebastian River in Indian River
County; and
WHEREAS, it can be generally assumed that manatees
inhabit the Sebastian River in Indian River County on a regular or
continuous basis; and
WHEREAS, the public has expressed concern about the
recent deaths of manatees related to collisions with motor driven
vessels within the Sebastian River in Indian River County and
elsewhere in Florida; and
WHEREAS, the Board of. County Commissioners of Indian
River County wishes to take action to preserve this marine mammal
within those waters it frequents.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows that:
1. The Board of County Commissioners hereby declares
the Sebastian River, also known as the Sebastian Creek, In Indian
River County to be a manatee area; said area to include the
waters of the Sebastian River lying within the following sections
of Indian River County:
Section 25, Township 30 S, Range 38 E, Sections 21, 22,
23, 27 and 28, all within Fleming Grant; Section 14,
Township 31 S, Range 38 E; Section 23, Township 31 S,
Range 38 East.
Said area shall extend from the Brevard County line and
the intersection of the Sebastian River and the intra -
coastal waterway, South to the intersection of the
Sebastian River and State Road 512.
Copies of the United States Department of Interior Geological
Survey maps and the Indian River County sectional maps depicting
the course of the above-described waters are incorporated within
-1-
3
this resolution and attached as Exhibit "A."
2. The Board of County Commissioners hereby requests
the State of Florida Department of Natural Resources to assess the
® need to erect signs in the appropriate areas of the Sebastian
i
River to regulate boat speeds upon such waters and to enforce such
` regulation through its Department of Law Enforcement, for the
r
preservation and protection of the manatee, Florida's state
® marine mammal.
i
3. The Board of County Commissioners hereby agree to
assume partial responsibility for the cost of erecting such signs,
i
in an amount to be agreed upon after the Department of Natural
Resources determines the total cost of the appropr.late .Signs.
4. That the Board of County Commissioners and the
Indian River County Sheriff's Department hereby agrees to assist
the Department of Natural Resources in enforcing any rules or
restrictions the Department of Natural Resources places upon boat
speeds within the Sebastian River manatee area.
Said resolution shall become effective as of the711:11day
of September , 1984.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Bowman and, upon being put to a vote, the vote
was as follows:
Chairman Dun C. Scurlock, Jr. Ave
Vice -Chairman Patrick B. Lyons Ave
Commissioner Richard N. Bird Ave
Commissioner Margaret C. Bowman Ave
Commissioner William C. Wodtke, Jr.Ave
The Chairman thereupon declared the resolution duly passed and
adopted this 12th day of September , 1984.
BOARD OF COUNTY COMMISSIONERS
B- 1. _.T-_;C1r '
DON SCURLOCK, JR.
Chairman
Attest: 41"al
FRS A WRIGHT
Clerk PRN bz
APPROVED AS T FORM /
LEGAL S NCY:
NTY JATTORNEY _2_