9 Mile Discharge for Gulf of Mexico

[sailorboy1]

The question is simple; instead of being 3 miles is the requirement no discharge of sewage within 9 miles when in the Gulf of Mexico?

I came across something that said this and hadn't heard it before so did a web search that didn't say this.

[BigBoater917]

What is your source of the other range? The EPA doesn't have anything listed down there inland as a No Discharge Zone and the NPDES covers Federal waters.

[four winds]

It's true. Nine miles on the gulf side, three miles or edge of gulf stream on the Atlantic side.

It's in the Florida Statutes, title XIV, I think. Lete know if you want a link. I'll look it up..

[four winds]

From the Florida Dept. of Environmental Protection.

FAQ # 6



Clean Vessel Act Boater FAQ | Florida Clean Marina Program | Florida DEP


This isn't the wording of the statute. But that is online, too.

[StuM]

A quick Google turned up a couple of sites on the first page:
Seems to be a Florida ruling:

Clean Vessel Act Boater FAQ | Florida Clean Marina Program | Florida DEP
What are the coastal boundaries for waters in Florida?Coastal boundary limits are nine nautical miles on the Gulf and three miles on the Atlantic Ocean.


https://www.boat-ed.com/florida/stud...002_700138977/
*There may be a Y valve that directs untreated waste material for discharge or directs waste material for treatment prior to discharge. The Y valve must be secured to direct waste to the MSD at all times within Florida waters (three miles or the edge of the Gulf Stream, whichever is greater, off the Atlantic coast or nine miles off the Gulf of Mexico coast).

[four winds]

Everything you want to know about FL law here.

Statutes & Constitution :View Statutes : Online Sunshine

Actually title XXIV . Vessels.

[sailorboy1]

Can Florida make their own laws beyond the 3 mile limit? What about the other States on the Gulf coast?

[StuM]

This appears to be a consequence of the US being a Federation of Independent States with their own Constitutions: (It couldn't happen in most countries).

http://archive.flsenate.gov/data/Pub...2008-142ju.pdf

The Florida Constitution provides the first significant source of authority for defining the state’s territorial waters. Florida’s constitution provides the boundaries for Florida’s territorial waters in Article II, Section 1. It states that the southern and western boundaries extend three leagues (nine nautical miles) and to the edge of the Gulf Stream or three geographic miles, whichever is greater, for the eastern coastal boundary. These boundary provisions are a combination of Florida’s fourth, fifth, and sixth constitutions. It was not until Florida’s fourth constitution of 1868 that the coastal boundaries were described. Article I provided for a coastal boundary of three leagues to the south and west and the edge of the Gulf Stream to the east.
A 1962 revision to Article I changed the eastern coastal boundary to three geographic miles. The last major revision to the Constitution in 1968 extended this boundary to the edge of the Gulf Stream or three geographic miles, whichever was greater.

[svHyLyte]

Originally Posted by sailorboy1

The question is simple; instead of being 3 miles is the requirement no discharge of sewage within 9 miles when in the Gulf of Mexico?

I came across something that said this and hadn't heard it before so did a web search that didn't say this.

The supremacy clause supersedes state law. The three mile limit is fine. We spoke with the Coasties in KW on our last cruise and they all seemed to agree. Moreover, as one CG Coxswain commented, the likelihood of our finding an FDLE patrol boat 3+ miles off is slim and none.

[a64pilot]

Originally Posted by sailorboy1

Can Florida make their own laws beyond the 3 mile limit? What about the other States on the Gulf coast?

I think the recent anchoring laws seem to point out that in fact State law will overrule Fed law?
Or I guess after you get your fine you can go to court and fight it based on they don't have the jurisdiction to give you the ticket.

However as has been pointed out, I have never seen a FWC boat more than three miles out.

However I am confused about who has jurisdiction and who enforces what anymore. Leaving Stuart I had the Sheriff boat circle us, then come in with the 20 questions and were writing all the responses down, you know, where are you going, where were you, how long did you stay, why are you out now, how many people on board, name of home port, and for a first, are we sailing or "engine assisted"?

[senormechanico]

Originally Posted by a64pilot

However I am confused about who has jurisdiction and who enforces what anymore. Leaving Stuart I had the Sheriff boat circle us, then come in with the 20 questions and were writing all the responses down, you know, where are you going, where were you, how long did you stay, why are you out now, how many people on board, name of home port, and for a first, are we sailing or "engine assisted"?

It would be interesting to find out if they ask all the illegal aliens coming into the state the same questions...

[Captain Bill]

Florida has some strange laws with respect to it's territorial waters and jurisdiction over boats. I don't know that they've ever been challenged in federal court but I doubt that they would stand up. Take their east coast claim.. "3 miles or the edge of the gulf stream which ever is greater". The gulf stream at Jacksonville is about 70 miles off shore. US territorial waters only extend 12 miles. Also under Florida law, Florida law applies to a boat no matter how far off shore if the Voyage begins or ends in Florida. They do not however define voyage. Does that mean Florida laws apply around the world if you start or end a circumnavigation in Florida. In my experience Florida legislators are pretty sloppy when it comes to writing laws and recognizing reality. You might note that the federal government while recognizing 9 miles in the gulf only recognizes 3 miles in the Atlantic. Just look at where the state-federal waters demarcation line is printed on official US government charts.

[gamayun]

Both Florida and Texas have state seaward boundaries out to 9 NM in the Gulf of Mexico. It goes way back to historical times. I seem to recall it having something to do with how far a canon ball can be shot. So, yes, both states can enforce discharge regulations out to 9 NM rather than the typical 3 statutory miles.

[sailorboy1]

Well I'm going to bump this again to keep it active (seems like a like topic I've never seen here). Seems weird that a web search will give lots of hits for the question of the limits and only the Florida brochure thing has the 9 mile. I would think if it were real that the Boat US info or something similar would have it.

Maybe more Gulf boaters will speak up with knowledge and experience.

[Scout 30]

This is definitely true. The gambling boats on the west coast also have to be more than 9 miles out before they start stealing people's money. However, I've been boarded by the FWC several times & all they've ever checked was safety equipment unless you're fishing then they check out your fish & fishing licenses. That being said there are places like the Keys where enforcement of marine sanitation systems is stringent.