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Tag: Cortez boats

Officers issuing citations for unregistered boats

Officers issuing citations for unregistered boats

CORTEZ – Marine law enforcement agencies have issued more than 20 citations recently for multiple unregistered and derelict vessels moored in the waters just south of the Cortez Bridge.

“The Manatee County Sheriff’s Office (MCSO) Marine Unit is working closely with FWC (Florida Fish and Wildlife Conservation Commission) to get derelict boats removed before hurricane season,” MCSO Public Information Officer Randy Warren said on May 17. “Deputies are also patrolling the area and have been writing citations for unregistered vessels.”

Warren said the MCSO Marine Unit has issued four citations in the past several days for vessels with expired registration.

“The FWC works very closely with our partners, including the Manatee County Sheriff’s Office, to ensure state waters are safe for boaters and wildlife alike and derelict vessels continue to be a priority,” FWC spokesperson Bradley Johnson wrote in a May 17 email to The Sun.

Johnson said there are currently four derelict vessels in the area that are being actively investigated, with two that are likely to be removed soon.

“There have also been 18 citations written to vessel owners in this area for various “At Risk” violations over the past two months alone,” Johnson wrote.

Local boat captains have expressed concern about the moored boats crowding the harbor, as well as at least four sunken boats that are hazardous to navigation.

Brittany Bull, who owns and rents six of the boats in the area, spoke to The Sun on May 18.

“The way I’ve gotten these boats is I’ll see a boat that is sunken and get hold of the owner and see if I can obtain ownership, and now we have them floating,” Bull said. “They may not look great on the outside but the inside of the boats have been refurbished.”

Bull’s boyfriend, Brian Grimes, said the six boats are rented with a portable air conditioner, generator, bottled water and portable shower. A dinghy is provided for some of the boats to allow renters to get to shore.

“The boats are stationary, they don’t have motors, and they’re anchored out there,” Grimes said.

One of the FWC criteria for an “at-risk” vessel being classified as derelict is that it does not have an effective means of propulsion for safe navigation within 72 hours after the vessel owner or operator receives telephone or written notice, which may be provided by fax, email or other electronic means, stating that from an officer, and the vessel owner or operator is unable to provide a receipt, proof of purchase or other documentation of having ordered necessary parts for vessel repair.

“The Coast Guard has rules so they have to be moved every month to a different location and we just move them a little bit so we don’t get in trouble with the Coast Guard,” Grimes said.

Bull said the Coast Guard comes out to conduct boat safety checks.

The Coast Guard did not respond to a request for comment.

Other ‘at risk’ criteria include a vessel taking on water without an effective way to dewater; spaces meant to be enclosed remaining open to the elements; the vessel listing due to water intrusion; the vessel has broken loose or may break loose from its anchor; and the vessel is tied to an unlawful or unpermitted structure or mooring.

“We prefer to have people remove them on their own. If they don’t remove them, the state will do it eventually,” Warren said. “People might not realize there’s a process to get them physically removed.”

A derelict vessel is any vessel that is left in a wrecked, junked or substantially dismantled condition upon waters of the state, according to Florida Statute 823.11.

The derelict vessel adjudication and removal process can include multiple court hearings and court orders to remove a vessel from state waters. Each derelict vessel owner must also be afforded the opportunity for an administrative hearing by the law enforcement agency investigating the case as well as potential criminal proceedings before the vessels may be authorized for removal, according to Johnson.

Johnson wrote, “FWC makes every effort to work with the vessel owners to have them either remove the vessel from state waters themselves or return it to non-derelict status to minimize the cost to taxpayers. There is a difference between a vessel that is derelict and a vessel that is at-risk of becoming derelict. It is much less expensive to remove an at-risk vessel than it is to remove one already rendered derelict.”

Derelict vessel removals typically cost between $400-$800 per foot to remove. A 30-foot boat, barring any extraordinary circumstances, will cost between $12,000 and $24,000.

“Vessel removals can vary greatly in cost and new derelict vessel cases are constantly being added to the state’s inventory,” Johnson wrote. “On average, 600 new derelict vessels are added to the FWC’s DV database annually. Derelict vessels may be removed by owners, local government entities or the state.”

In an attempt to prevent vessels from becoming derelict on Florida’s waters, FWC initiated the Florida Vessel Turn in Program, a program in which vessel owners may apply to have their at-risk vessels removed from the waters of the state at no charge to them. Guidelines and applications are available at www.FloridaVTIP.com Vessel owners who have received a citation or written warning for a vessel in at-risk condition by law enforcement may apply for this program if they meet the eligibility requirements.

Captain: Derelict boats looming issue

Captain: Derelict boats looming issue

CORTEZ – Tour boat Capt. Kathe Fannon is questioning why authorities are focusing on the removal of Raymond “Junior” Guthrie’s net camp from the waters off Cortez while ignoring more than 20 derelict boats in the same waters.

“The net camp is who we are, it’s our heritage,” said Fannon, a fourth-generation Cortezian. “The issue is there are 21 vessels sitting out there. They’re not registered, some have no motors or lights, and nobody is doing anything about it, but they want our net camp down.”

A civil suit against Guthrie was filed on Feb. 6, 2018 in the 12th Judicial Circuit Court when the Florida Department of Environmental Protection claimed that he had constructed an unauthorized enclosed docking structure on sovereign submerged lands in Sarasota Bay, and asked the court for its removal.

Guthrie maintained that his family previously had a net camp in that spot and the structure was protected under the 1921 Butler Act, which awards title of submerged lands to adjacent waterfront property owners who made permanent improvements on the submerged lands.

Net camps are wooden shacks used by fishermen in days past to hang hemp and cotton fishing nets to dry. According to historic photographs, there were once dozens of net camps on Sarasota Bay off Cortez.

On May 7, Judge Edward Nicholas ordered Guthrie to remove the structure within 120 days, making the deadline Sept. 4.

A request to FDEP by The Sun for comment about the process for removing the structure received no response by press time.

“There are also four boats sunk out there. They’re a hazard to navigation and leaking oil and nobody is getting them out of there,” Fannon said. “How are you going to let those boats sit out there when they’re a hazard and an eyesore and the net camp, which is historical to Cortez, has to come down?”

Fannon said she has seen boats from the Florida Fish and Wildlife Conservation Commission (FWC), the U.S. Coast Guard and the Manatee County Sheriff’s Office in the area, so she said local law enforcement agencies are aware of the derelict vessels.

FWC defines a derelict vessel as one that is wrecked, junked or in substantially dismantled condition in any state waters.

Fannon said seven of the boats moored off the coast of Cortez are being rented out by one individual.

“Bradenton Beach made every one of those people leave,” Fannon said. “And now they’ve moved over to the historical fishing village.”

Captain: Derelict boats looming issue
A historical aerial photograph of Cortez shows multiple net camps off the village’s coast. – Submitted | Manatee County Public Library Historical Image Digital Collection

Bradenton Beach has strict enforcement policies regarding derelict boats in their harbor, and the city’s enforcement extends 500 feet out from shore. The boats off the coast of Cortez are moored beyond that enforcement area and fall under the jurisdiction of the Manatee County Sheriff’s Office for tagging and then under FWC’s authority for removal.

Another local boat captain who asked not to be identified said, “There is one lady who has been collecting abandoned boats and renting them out. They (the boats) are coming from Bradenton Beach now, people are bringing their boats from the anchorage to the mangrove island” off Cortez.

He said there are two boats with trash tied up in the mangroves, along with an unregistered boat that sank two years ago.

“Every agency I’ve sent messages to can’t do anything. I can report to FWC. All they do is, if they find who’s dumping trash, is write a citation. Does not fix anything. They don’t sticker abandoned boats,” he said. “FWC can only get in here on a high tide.”