May 12, Dear Superintendent Kimball:

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1 May 12, 2013 Superintendent Dan Kimball Everglades National Park National Park Service, U.S. Department of the Interior State Road 9336 Homestead, FL Dear Superintendent Kimball: The National Marine Manufacturers Association (NMMA) is pleased to provide the following comments regarding the proposed General Management Plan (GMP) for Everglades National Park. We have serious concerns regarding the proposals put forth in the Park s preferred alternative plan and hope you will incorporate the following comments in your decision before a GMP is finalized. By way of background, NMMA is the nation s largest recreational marine industry association with over 1,400 boat, engine, accessory, and trailer manufacturers. NMMA members collectively produce 80 percent of all recreational marine products made in the United States, with a total economic impact of $121.5 billion. Florida is the number one boating state in the country with an annual economic impact from the recreational boating community of $10 billion. The 26 th Congressional district, for which Everglades National Park is encompassed, maintains a $525 million total recreational boating impact. The boating industry is a critical economic developer for Everglades National Park, creating over 4,000 jobs in the 26 th district alone. 1 Recreational fishing and boating are integral to the lifestyle and economy of south Florida, particularly in and around Everglades National Park. The GMP will guide management for the entire park for the next 20 or more years, including managing visitor use, protecting natural resources, and developing additional facilities. Because it will have a long-term impact on the park s resources and the businesses and individuals that depend on park visitation, it is critical that the GMP follow a thorough and deliberative process that strongly considers public input and stakeholder expertise. The sportfishing and boating community are true conservationists who continue to directly invest in the conservation and management of fishery resources. Recreational fishermen and boaters contribute nearly $1.5 billion annually to fisheries conservation and environmental successes through fishing license purchases; the federal manufacturers excise tax on fishing equipment; the excise tax on motorboat fuel; and direct donations. NMMA supports the NPS s efforts to preserve and sustain Everglades National Park, and our members recognize that vibrant natural ecosystems greatly enhance the public s enjoyment of the park s numerous pristine vistas. The Everglades National Park s beauty makes it one of the premier recreational boating and fishing destinations in the nation, and navigating its waters is a pastime interwoven in the fabric of the south Florida lifestyle. Our members were thus surprised 1 NMMA and Michigan State University 2012 Economic Data study

2 and dismayed to learn of the NPS s preferred alternative GMP, which seems to discount recreational boating and fishing as a meritorious activity in the park and ignores previous management input from our community. 2 National Park Service Policy and Everglades Management NMMA recommends that established NPS policies regarding the conservation and public use of National Parks guide the development of the Everglades General Management Plan. Since the NPS s inception in 1916, Park Superintendents have been charged to manage their parks in a manner that achieves two goals: (1) conserve natural and historic resources; and (2) provide for present and future public enjoyment. 3 Congress undoubtedly had these two goals in mind when it established the Everglades as a public park for the benefit and enjoyment of the people. 4 NPS regulations also contain procedural safeguards to help ensure that when a Park Superintendent develops new management strategies, the resultant regulations do not unduly restrict the public s right to use and enjoy a National Park. For instance, NPS regulations specify that any action limiting the public s use of a National Park must be based upon a determination that such action is necessary. 5 Federal regulations further require that a Park Superintendent must explain in writing why any regulation limiting public access has been established and why less restrictive measures will not suffice. 6 In light of these stated policies and procedures, NMMA recommends that NPS reconsider the proposed preferred GMP alternative as it prohibits and severely restricts an established activity, particularly recreational boating and fishing. Park policies should be shaped by the Congressional directive that the Everglades National Park is for benefit and enjoyment of the people, and the NPS should not implement any policy that limits such enjoyment without a sound scientific basis. The reliance on sparse or anecdotal information to restrict public use fundamentally contradicts the purpose and charter of the Everglades National Park. Pole and Troll Zones The Park s preferred GMP proposes to convert 1/3 of the park waters to non-combustion engine zones, where only non-motorized pole and troll boating access would be allowed. Not only is this a significant portion of the park s overall water, the pole and troll zones are located in some of the most popular boating and fishing areas of Florida Bay. NMMA understands the proposed pole and troll zones are aimed to protect shallow resources such as seagrass from propeller scarring and other recreational damage. Boaters aim to preserve the resource they utilize and maintain for future use and generations. Pole and troll zones are not the only means available by the Park to protect the resources. Idle speed zones ensure cautious 2 See NMMA Comments to National Park Service Everglades Planning Team dated July 31, National Park Service Organic Act of 1916, 16 U.S.C. l (2006) U.S.C CFR 1.5(a) (emphasis added). 6 Id. at 1.5(c).

3 operation and minimal impact on seagrass beds, while maintaining robust access. NMMA therefore recommends much of the proposed pole and troll zones be converted to idle speed. With limited access channels, under the Park s preferred plan, boaters are expected to pole and troll upwards of three mile distances. This is completely unfeasible and fails to recognize the impediments to boating and fishing it subsequently imposes. Few, if any, boaters have the capability to traverse such a large area without motorized access, particularly when combined with environmental conditions such as currents, tides, and prevailing winds. NMMA recommends that any pole and troll zone implemented in the GMP require no greater than ¼ mile to traverse each way. Additionally, all pole and troll management zones must be accompanied by an emergency exception, to allow boaters motorized operation during inclement weather. Should these pole and troll zones be finalize in a GMP the impact to recreational boating and fishing in Florida Bay will be devastating. Access will be limited and park visitation will inherently suffer. Many boaters and anglers will be turned away from the park, and the remaining boating and fishing pressure will be concentrated in the relatively few accessible areas, resulting in more user conflicts and greater environmental impacts. Such vast pole and troll zones will only exacerbate environmental impacts rather than aim to alleviate them. The local economy will be negatively impacted from reduced visitation and the public will lose access to waters intended for the benefit and enjoyment of the people. 7 We believe that the Park Service has not adequately considered the impacts that such a large set of boating restrictions would have on park visitors. Efforts must be made to ensure that any pole and troll zones are the minimum size necessary to provide for habitat protection, and that reasonable motorized access is provided in these areas. We understand that several fishing organizations in the area, including CCA Florida, the International Game Fish Association and the Florida Keys Fishing Guides Association, have collectively provided a detailed set of maps that identify existing boating access corridors in relation to the proposed pole and troll zones. These concepts for improved access should be incorporated in whatever network of pole and troll zones that you might consider in addition to an overall reduction in size of pole and troll areas. Mandatory Boater Education The Park s preferred GMP would require boaters to take a mandatory boater education course prior to operating in park waters. NMMA supports mandatory boater education initiatives implemented at the state level and believes management strategies focused on education should not impede public access. The proposal in the Everglades GMP is contrary to Florida state law which requires boater education for those operators born on or after January 1, By establishing mandatory boater education for ALL operators, the Park Service is implementing a plan contrary to state law, which will unnecessarily bifurcate the legal mandate. The National 7 16 U.S.C FL ST (1)

4 Park Service should not enter the business of boater education, and rather leave these requirements to the state agency, in this case the Florida Fish and Wildlife Conservation Commission. By establishing a federal agency as an arbiter of boater safety, the Park Service would be setting unmanageable precedent for federal water management. This could lead to a series of federal water-specific mandates that are unmanageable and burdensome, with boaters being required to have several inconsistent requirements to operate in adjacent federal and state waters. The boater education proposal contained in the preferred alternative GMP lacks specificity. It is unknown how such a boater requirement will be implemented. NMMA is concerned the boater education requirement will be unduly burdensome for visitors seeking to access the park and therefore serve as a further barrier to access. NMMA understands the waters of Everglades National Park are laden with shallow waters. Rather than create a separate boater education requirement and course, NMMA suggests the Park work with FWC to develop a shallow water education supplement to the already existing state boater education course. This will not only serve to better educate boater operation within Everglades National Park, but also shallow waters elsewhere in the state of Florida. Voluntary education programs such as the Eco-Mariner Program can be utilized at Everglades to better educate visitors while not mandating additional access barriers. NMMA believes that voluntary education, rather than mandatory, on the importance of seagrasses and methods to protect them will be highly effective, given the resounding support among the public to protect the vitality of the Everglades National Park. Additional education requirements without the necessary funding for navigational markings will negate any improvements in boater operation. Boaters must be properly directed to navigable channels and water depths to avoid running aground. The Park would be better off investing in additional channel and other navigational markings to protect the resources than institute a mandatory boater education requirement that will inherently lack the on-water aids necessary to operate in shallow waters. We are concerned the current proposal for mandatory education will further impede visitor access and set precedent for an unmanageable and conflicting educational requirement for federal and state waters. We recommend that Park staff coordinate with stakeholders, the Florida Fish and Wildlife Commission and, where appropriate, other adjacent federally managed areas, on these issues to ensure that any new education regulations can be easily complied with by users and enforced by agency personnel. Conclusion To better ensure stakeholder input and buy-in, we strongly urge you to establish a user advisory panel to assist with the development of the pole and troll zones, access into them, and other accompanying issues like waterway marking, enforcement and boater education. Ultimately, the success of the proposed management actions in the draft GMP preferred alternative is dependent on thoroughly communicating the regulations to users and ensuring

5 compliance. To do this right, it will take considerable time and resources to develop reasonable and enforceable regulations that maintain the pristine nature of the park yet are not onerous to users. We appreciate the opportunity to comment on the draft GMP for Everglades National Park. Should you have any further questions please do not hesitate to contact me at or Sincerely, T. Nicole Vasilaros, Esq. Director of Regulatory and Legal Affairs National Marine Manufacturers Association