Have you ever wondered why we have no wake and minimum wake regulatory markers?
And on top of that, have you ever pondered if your excessive speed and wake really do cause damage to our environment or the personal property of others?
Without a doubt, whether unintentionally or by the blatant disregard of the laws, vessels violating regulatory markers are causing the erosion of our coastlines, damage to personal property, damage to our estuaries and loss or injury to both human and marine life. Let’s get you brilliant on the basics.
First, let’s define where regulatory markers are located, what they look like and then explore what laws they are attempting to enforce.
Regulatory markers are posted both on land and in the water throughout our region in areas that require a heightened awareness from all boaters.
They are mounted on boards with a white background and orange lettering. If lighted, regulatory markers will display an all-round white light. So, what are these markers trying to enforce?
Let’s take a look in no particular order of precedence at a few regulatory markers.
One of the most common (and both misunderstood and violated) markers is the “Idle Speed or No Wake” Zone marker.
These markers are posted in areas where vessels are to be operated at a speed no greater than what is necessary to maintain headway and steerage (known as bare steerageway).
At this speed (which varies from vessel to vessel but averages about 4-6 knots), the vessel shouldn’t produce a wake (defined as waves or energy that are produced by your vessel).
Next is the “Slow Speed, Minimum Wake” Zone marker.
This is an area in which your vessel needs to be fully off plane and totally settled in the water (note to the knuckleheads that drive full speed up to the marker and then cut back to idle, your wake will now travel past the slow speed area which is in violation to Florida Statute 327.33 as well as the USCG Rules of the Road).
In this zone if there is a wake created by a vessel, it should be minimal. If your boat is traveling with its bow even slightly elevated in this area, you are violating the law that requires you to proceed at “Slow Speed.”
Next are speed restricted areas such as “Maximum 25 MPH Speed Zone” as one example.
These zones are speed-controlled areas that may be protecting the environment such as sea grass areas or maybe an area known to be frequented by manatees, no vessel may operate at speeds exceeding that of which is posted.
And finally, there are “Vessel Exclusion Area” markers.
In these areas, regulatory markers may be distinguished by a vertical, diamond shape with a cross at the center indicating areas such as dams, rapids or swim areas.
Now that you know a little about regulatory marks, lets investigate if violating these markers has caused damage to our ecosystem, marine and human life or the personal property of others.
It’s no secret that Charlotte Harbor has experienced extensive development over the past decade. And with this widespread development came a massive increase in population as well as a huge influx of boaters.
As discussed in one of my earlier columns, Florida has surpassed one million registered boats of which less than 33% are estimated to have any boating education.
Finding statistics that specifically highlights damage caused by boat wakes, excessive speed and negligence is very difficult, as much of it must be estimated or extracted manually by reading the report page by page.
Another great source is knowing an attorney that specializes in maritime law, I’m confident you would pass out if you read through the lawsuits filed here in Southwest Florida derived from boat wakes which caused damage to moored vessels, people, the shoreline or to personal property.
Astonishingly, many of these lawsuits topped 1 million dollars. The majority of the data I uncovered list the violation of speed zones as being the root cause.
Make no mistake, the relationship between recreational boat activity and nearshore damage to personal property and shoreline erosion is on the rise and being committed primarily by negligent boaters with little to no boating education.
As a side note, please recognize, under Florida Statute 327 and the USCG Rules of the Road you are responsible for any damage caused by your vessel’s wake.
And, with the significant advances in technology, such as dock cameras, smart phones and boat cams proving your case is as simple as handing over a video to an attorney and having it viewed by a judge and jury.
Conclusion
In conclusion, I recognize the ambiguity of some of the data I have researched, as much of it was obtained from public records and had to be extracted or interpreted.
However, the objective of this week’s column was to teach you a little about regulatory markers and show our readers, using the most current data available (extracted from public records and the 2020 U.S. Department of Homeland Security U.S. Boating Statistics) just how much damage boat operators and their boats are causing.
Florida leads the way in total deaths and monetary damage caused by vessels.
We had a whopping 804 accidents resulting in 70 deaths, 347 non-fatal injuries, 72 property damage deaths, 514 injured boaters and a startling $13,220,416.82 worth of damages to property, including that which was caused by excessive speed and the wake caused by that speed. But, as the saying goes, disappointed, but not surprised. Wake up Florida, you are responsible for your boat’s wake and the damage that it may cause.
