Speeding through no wake zones, ever legal?
07-21-2009, 08:02 PM
#1
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Speeding through no wake zones, ever legal?
Last year late in the season I took my boat from Forked River, NJ to Atlantic City. There was forecast 10-12's in the ocean so obviously we opted for the intercoastal. There was a constant 35-40 mph North to South wind which stirred the bay up to consistent 4 footers. Even through the no wake zones. On the way down I still was able to idle (no wake zones) as the the wind was pushing me, but on the return trip I had to nearly be on plane to make ANY headway!! Is it legal to make wake in a no wake zone when the actual seas are going 1ft OVER the fuel docks? Just curious.
Btw, getting on plane was a PITA because just as the boat would fall onto plane, a wave would roll under it, make the props slip, causing the boat to nearly stop instantly. Definitely a learning experience!
Btw, getting on plane was a PITA because just as the boat would fall onto plane, a wave would roll under it, make the props slip, causing the boat to nearly stop instantly. Definitely a learning experience!
07-21-2009, 08:14 PM
#3
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Tough call but he is right.. You gotta do what you gotta do!!
07-21-2009, 08:35 PM
#5
Funny that I got an email about this subject from a friend a month ago..........
According to Govt.........yes blow right through them and the manatee zones too!
[Code of Federal Regulations]
[Title 50, Volume 1, Parts 1 to 199]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.105]
[Page 470]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
Subpart J--Manatee Protection Areas
Sec. 17.105 Permits and exceptions.
(a) The Director may issue permits allowing the permittee to engage
in any activity otherwise prohibited by this subpart. Such permits shall
be issued in accordance with the provisions of Sec. 17.22 of this part.
Such permits shall be issued only for scientific purposes or for the
enhancement of propagation or survival. All of the provisions of
Sec. 17.22 shall apply to the issuance of such permits, including those
provisions which incorporate other sections by reference. Compliance
with this paragraph does not by itself constitute compliance with any
applicable requirements of part 18.
(b) Any authorized officer may engage in any activity otherwise
prohibited by this subpart if:
(1) The officer is acting in the performance of his or her official
duties; and
(2) The activity is being conducted to directly protect any
manatees, to enhance the propagation or survival of manatees, or is
reasonably required to enforce the other provisions of this subpart.
(c) Any person may engage in any activity otherwise prohibited by
this subpart if such activity is reasonably necessary to prevent the
loss of life or property due to weather conditions or other reasonably
unforeseen circumstances, or to render necessary assistance to persons
or property.
(d) Any waterborne activity which would otherwise be prohibited by
this subpart may be engaged in if it is conducted by or under a contract
with a Federal agency and if the Secretary of Defense, in accordance
with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C.
1536(j)) makes a finding that such activity is necessary for reasons of
national security. Such a finding must be made prior to the beginning of
the activity or the designation of the protection area, whichever occurs
later; except that in the case of an emergency establishment of a
protection area under Sec. 17.106, the finding must be made within 10
days after the beginning of the activity or the designation of the
protection area, whichever occurs later.
According to Govt.........yes blow right through them and the manatee zones too!
[Code of Federal Regulations]
[Title 50, Volume 1, Parts 1 to 199]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.105]
[Page 470]
TITLE 50--WILDLIFE AND FISHERIES
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
Subpart J--Manatee Protection Areas
Sec. 17.105 Permits and exceptions.
(a) The Director may issue permits allowing the permittee to engage
in any activity otherwise prohibited by this subpart. Such permits shall
be issued in accordance with the provisions of Sec. 17.22 of this part.
Such permits shall be issued only for scientific purposes or for the
enhancement of propagation or survival. All of the provisions of
Sec. 17.22 shall apply to the issuance of such permits, including those
provisions which incorporate other sections by reference. Compliance
with this paragraph does not by itself constitute compliance with any
applicable requirements of part 18.
(b) Any authorized officer may engage in any activity otherwise
prohibited by this subpart if:
(1) The officer is acting in the performance of his or her official
duties; and
(2) The activity is being conducted to directly protect any
manatees, to enhance the propagation or survival of manatees, or is
reasonably required to enforce the other provisions of this subpart.
(c) Any person may engage in any activity otherwise prohibited by
this subpart if such activity is reasonably necessary to prevent the
loss of life or property due to weather conditions or other reasonably
unforeseen circumstances, or to render necessary assistance to persons
or property.
(d) Any waterborne activity which would otherwise be prohibited by
this subpart may be engaged in if it is conducted by or under a contract
with a Federal agency and if the Secretary of Defense, in accordance
with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C.
1536(j)) makes a finding that such activity is necessary for reasons of
national security. Such a finding must be made prior to the beginning of
the activity or the designation of the protection area, whichever occurs
later; except that in the case of an emergency establishment of a
protection area under Sec. 17.106, the finding must be made within 10
days after the beginning of the activity or the designation of the
protection area, whichever occurs later.
07-22-2009, 06:19 AM
#6
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(c) Any person may engage in any activity otherwise prohibited by
this subpart if such activity is reasonably necessary to prevent the
loss of life or property due to weather conditions or other reasonably
unforeseen circumstances, or to render necessary assistance to persons
or property.
That's the part (mainly Lightning in Thunderstorms here in Fl.) that allows you to get on plane in a manatee zone and get to safety. I have friends that running on plane in a manatee zones, pulled under a bridge, and next a FWC officer, and the officer told him it was legal for him to do so.
Dean
this subpart if such activity is reasonably necessary to prevent the
loss of life or property due to weather conditions or other reasonably
unforeseen circumstances, or to render necessary assistance to persons
or property.
That's the part (mainly Lightning in Thunderstorms here in Fl.) that allows you to get on plane in a manatee zone and get to safety. I have friends that running on plane in a manatee zones, pulled under a bridge, and next a FWC officer, and the officer told him it was legal for him to do so.
Dean
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Last edited by Dean Ferry; 07-22-2009 at 06:21 AM.
07-22-2009, 06:41 AM
#7
Thats cool, cuz I just lay the throttle in the dash when the storms come(of course staying in the channel, and keeping a good watch on the GPS and channel in front of me). Guys with center consoles and their T-tops laugh at me for having no cover, and I look like a total jerk, cuz wife and friends are hiding in the cabin, they must think look at this jerk out all by himself speeding thru the no-wake zone just because he can but fuggem
07-22-2009, 06:54 AM
#8
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I have done that exact thing, ran on plane down ICW to a bridgebecause of lightening. I always wondered if I would be OK, figured if water cops were di*k enough to write me I see them in court. (took digital pics of storm after I got under a bridge).
(c) Any person may engage in any activity otherwise prohibited by
this subpart if such activity is reasonably necessary to prevent the
loss of life or property due to weather conditions or other reasonably
unforeseen circumstances, or to render necessary assistance to persons
or property.
That's the part (mainly Lightning in Thunderstorms here in Fl.) that allows you to get on plane in a manatee zone and get to safety. I have friends that running on plane in a manatee zones, pulled under a bridge, and next a FWC officer, and the officer told him it was legal for him to do so.
Dean
this subpart if such activity is reasonably necessary to prevent the
loss of life or property due to weather conditions or other reasonably
unforeseen circumstances, or to render necessary assistance to persons
or property.
That's the part (mainly Lightning in Thunderstorms here in Fl.) that allows you to get on plane in a manatee zone and get to safety. I have friends that running on plane in a manatee zones, pulled under a bridge, and next a FWC officer, and the officer told him it was legal for him to do so.
Dean
