Anchoring Away: Government Regulation And The Rights Of Navigation In Florida

Florida boasts one of the most complex and environmentally productive systems of coastal bays, bights, sounds, passes, inlets, cuts, canals and harbors in the United States. More than 1.3 million vessels used this resource in 2003, and a recent study indicates that the recreational boating industry contributed more than $18.4 billion to Florida's economy in 2005. As commercial and recreational use of the Florida waterway system expands and the population of the state increases, the potential for conflicts between boaters and the environment and among different user groups will also grow. This report addresses the federal, state and local regulatory regime for anchoring and mooring in Florida. We first present the jurisdictional bases for anchoring and anchorage management and limitations on these activities, beginning with the federal navigation servitude, federal statutes and federal supremacy considerations. State and local efforts to address anchoring in Florida are then examined, along with the judicial opinions construing them. We conclude that while anchoring is considered to be a "right incidental to navigation," and hence protected by federal law, reasonable local regulation of anchoring is probably permissible. Though there is little agreement on what constitutes reasonable regulation, consensus‐;based efforts to develop managed anchorages and mooring fields may provide the best strategy to reconcile the competing interests of boaters and other waterway users. Grant No. 16 RG-2195