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Old 05-13-2010, 02:21 AM
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Default Proposed Sarasota Access Restrictions

The City Commission has proposed kiteboarding restrictions off the Public Beach. On the surface, these restrictions "may or may not" be all that different from guidelines we discussed for the area almost ten years ago. The devil is in the details however and local kiting interests will want to be involved in discussions ideally before and during the public hearing on June 23.

Complete newspaper article about restrictions at:
http://www.pelicanpress.org/content/2096_1.php
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Old 05-15-2010, 05:38 AM
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Whomever (if anyone) is heading up this effort, please contact me, I would like to help however possible.
Steve Sadler (813) 389-3683
www.kiteboardingtampabay.com
www.actionsportsfoundation.org
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Old 05-16-2010, 10:59 PM
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Information is still being developed, however solely thanks to Joe's efforts and to Marc for letting us know about this in the first place, some insights into complaints and proposed restrictions contemplated by Sarasota County have been found. Proposed ordinances carry major impacts on not only residents but also visitors in pursuing some beach activities. These changes appear to be motivated over concerns regarding protected birds. Some excerpts appear below. There are extensive documents that warrant careful review and comment. The following has been posted after only rapid cursory scanning of part of the documents.

"The definition of “Beach” should not be changed to distinguish “private” versus “public”
beaches. To do so would create significant enforcement problems and may tend to
undercut whatever rights have accrued under Florida law (e.g., prescriptive and customary rights). Mean high water lines are only officially established via a survey. A true mean high water line survey involves data collected over an 18.6 year metonic cycle. It would be impractical to have SSO enforcement staff use a surveyed line in order to enforce provisions of the Code."

"It is staff’s recommendation that the “Beach” areas be treated comprehensively as a shared and migrating public and private resource without separate rules for the protection of safety and resources."

COMMENT: The apparent intent of this language is to REMOVE privileges customarily and historically afforded to residents and to visitors in "customary" private beach areas to increase ease of enforcement for the entirely of the coastline of Sarasota County.


"In addition, staff’s observations of kiteboarding on beaches where people recreate has noted some concerns, including collisions between the fast moving boards and beachgoers, entanglement in the lines, and destruction of dune vegetation. Further, the sails and associated shadows from the kiteboard kites, parachutes and parasails will often flush protected shorebirds form their well camouflaged ground nests and nesting habitat, leaving their eggs and chicks unprotected and easily depredated by natural and introduced avian and land predators (e.g., crows, crabs, raccoons). For this reason, staff is
proposing a new prohibition be added to the Sec 90-33(a) of the draft Code as follows:
90-33 (a)(18) Towing or manipulating any person attached to any flying device or
parachute below an altitude of five hundred (500) above the land and/or within 500
feet off a Beach waterline where one exists. Further, it shall be unlawful for any
person to operate, engage in, be a passenger in or control any flying device carrying
a person or persons below an altitude of five hundred (500) above the land and/or
within 500 feet of a Beach waterline where one exists. Exceptions will be made to
this prohibition for handheld kites not attached to a person and by County
authorized permit.

It should be noted that handheld kites have been documented to flush nesting shorebirds. For this reason, the Board may wish to consider setback limitations for handheld kites from posted shorebird nests during the nesting season (February 1st through August 31st). Staff if consulting with FloridaFish and Wildlife Conservation Commission (FWC) staff to determine what setback recommendation, if any, they may have."

COMMENT: The apparent intent of this language is to ban kiteboarding, parasailing, paragliding within 500 ft. of shore and of the surface for the entire length of the Sarasota County shoreline. That looks close to be 40 miles of coastline.


This information and the other documents are located at:
http://edmsweb01w.scgov.net/sirepub/...doctype=AGENDA

Under item #34, in the pdf files that appear on the right side of the page. (THANKS again Joe for the document links/contact and to Marc for giving us an heads up on this situation in the first place!)

This is appears to be an extensively researched and orchestrated attempt to curtail beach privileges. Obviously, considerable legal and public resources have been employed in the drafting of these documents over time. As lay people we can do our best to read and comprehend these documents but there comes a point when legal input would be advantageous. I think we may be at that point even though this just came to light.

If anyone knows a kiteboarding attorney or attorney who would be inclined to assist us in this matter, please pass their information along. I not familiar with another instance in which customary beaches were in effect declared in effect "public" for an ENTIRE county for something like this. In several other cases that come to mind, I believe it was concluded it couldn't be done. In this case, who knows?

I understand local kiting interests are getting organized at this time, more to come on this soon. We may well need a show of numbers, through a letter campaign, petition, appearance at the public hearing on June 26, 2010 or through other means. In the meantime, intelligent, ideally legal input on what is being proposed and viable counter positions for the public including kiteboarders would be most welcome.



That is a lot of coastline to be subject to such restrictions. Surely, something more even handed can be worked out to both protect threatened birds and maintain privileges of residents and visitors at large. The restrictions, what appears to be a kiteboarding ban may extend to 40 miles of coastline?
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Old 05-17-2010, 09:52 AM
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The birds are protected by Federal and State laws. They are more vulnerable during nesting season which is for a finite period of time in suitable habitat areas. Identifying key habitat as has been attempted in the past with the roped off areas. I understand they nest between March and August with peak periods during that interval. Keeping kiter foot traffic away from and kites from overflying these roped off areas which should be near the base of dunes from the reference below, seems doable. After all, aren't the dunes set pretty far back from the water as a rule? The major threat is far from kiters but involves natural predators, dogs, trampling by foot traffic and cars, development losss of habitat, high tides and storm events, beach erosion and a great deal more not involving kites. It seems like we've been lumped into the 40 mile ban because ... I have no idea why. Our activities can be regulated like everyone else's with those regulations hopefully being reasonable and based on good science and resource management concepts.

Looking at a 2006 reference on the plovers, http://www.flshorebirdalliance.org/p...NPL_Report.pdf

"9. It will be essential to accurately determine depredation levels, and to identify the types of predators that might be influencing nest success and recruitment at various sites. Raccoons, coyotes, and ghost crabs were notable snowy plover nest predators, as evidenced by the frequency of tracks observed around depredated nests. In addition, fish crows and laughing gulls were observed taking snowy plover eggs (R. Pruner pers. obs.) and chicks (B. Eells pers. comm.). Management actions taken to improve reproductive success should coincide with the type of predator and disturbance pressures present at each site. For example, exclosures are only effective with medium to large-sized mammals, or with avian predators (Mabee and Estelle 2000). Nest exclosures are not a means of preserving biological diversity over time, but rather as a site-specific tool for temporarily increasing nest success, while more substantial large-scale/long-term conservation plans are developed (Johnson and Oring 2002). Predator control programs should also be considered at select sites to enhance breeding success of snowy plovers."

"10. Human disturbance due to development and increased recreational pressure continue to be of concern. These two factors are the most difficult to control, and create the most permanent impact on the habitat. The impact of recreational pressures should be minimized by protecting areas of snowy plover habitat, and by concentrating human activities away from preferred nesting areas. Depending on the proximity and type of human activity (i.e. walking, running, fishing, dogwalking), shorebirds may respond by spending more time watching the potential human threat (Burger and Gochfeld 1991), than by walking or flushing to undisturbed areas. Furthermore, human disturbance can cause declines in habitat use, and can affect the hatch rates of snowy plovers. Human disturbance on publicly owned beaches is of great concern because the majority of breeding snowy plovers are now concentrated on these sites. In addition, snowy plovers that utilize barrier islands are also prone to high levels of disturbance by humans accessing the islands by boat. Nesting areas with high human impact should be roped off and/or posted against trespass prior to the start of the breeding season. Disturbance rates may fall dramatically following posting and roping around large nesting areas (Lafferty et al. 2006). In addition, minimizing development at the few remaining nesting areas on private lands should be encouraged."
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Old 05-17-2010, 10:57 AM
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Thing is like recent steps undertaken in OBX it seems to impact more than kiteboarders. That may be a resource we can call upon in building resistance to the restrictions as currently proposed. There aren't that many kiteboarders in Sarasota County. Still reading through the documents but I suspect there are quite a few more impacted parties. For instance, with the "redefinition" of private beaches as public to help make regulation and enforcement as simple as possible, what are folks that invested very substantial money in beach front property being forced to give up after the fact? They are going after parasailing and powered paragliders, who else is impacted by this? That is an important list to assemble. Get all theses folks with something to lose alerted and pulling together as much as feasible to help out the situation.

I hope that kiting interests, as few as our numbers are in Sarasota County, combine efforts to spearhead resistance and steps to work out a more acceptable situation. A unified, effective fighting front is what is needed. I hope the shops in Sarasota, Island Style, Kiteboarding Sarasota and Waterman Kites and any other schools throw their combined efforts against this serious problem. The county has moved out at speed for sometime on this from appearances. We now need to play catchup as best we can. There is the public hearing on June 26 but waiting until then to act and respond is likely a mistake. Ideally we should come to the meeting in strength, with counter proposals, legal input if we can find it in hand, with the support and presence of other impacted parties to make the best pitch for negotiation of viable alternatives that we can.
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Old 05-17-2010, 09:16 PM
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Here is an update from Laurel Kaiser. Sounds like she has made some solid in roads today in discussions with authorities.

"Hi Rick, for you and everyone else who is wondering what went on today; the wording and definition of the beach as we read it is to pertain to many of the other activities that are included in the ordinances but will probably not now pertain to kiteboarding. Apparently the history of this amending of the ordinances goes something like this; the Casey Key and North Manasota Key beachfront property owners have petitioned the County Commission to reduce and revise some of the restrictions on their beaches. The County Commission has agreed to do this and the "push through" of these changes was seen by the Siesta Key Association and they have "coat tailed" on this opportunity. Many or most of the changes they want pertain to glass, dogs, chairs, etc. being allowed on their beachfront property. Defining the areas where dogs are allowed has been problematic for law enforcement. The proposed changes as you have seen them are preliminary drafts of the actual changes that will be proposed. As I understand it now; staff has no intention of "banning" kitebaording at all public beaches. In fact the wording that we agreed upon today that is subject to the weighing in of the Audubon and Fish and Wildlife officials states that

Kiteboarding on public beach parks and beaches waterward thereof:

200' setback (extension of no kite area) from edges of swim zones for launching activities

Kite deployed away from pedestrian foot traffic and bird nesting areas

kites give way to swimmers/pedestrian traffic


Landboarding

Banned from public beach parks and beaches waterward thereof

our revisions in the meeting today also set restrictions on the closeness of parasailing to the beach and prohibits parachuting and paragliding

In other words, we have successfully separated ourselves as Kiteboarders from the other air sports that will be prohibited and distinguished ourselves from the landboarding activity that has the residents and beach goers complaining of bird habitat destruction, nesting interference and the public's quiet enjoyment of the beach. There is no negotiation on landboarding as I see it, nor are any of the local landboarding participants that have recently been active in disagreement with this concession for the sake of maintaining and assuring our beach access for kiteboarding.

I think that it will also be conceded that the 300' distance from the shore to the perimeter of the swim zone seaward, is adequate restriction for a kiter doing a coast run.

I am absolutely ecstatic about the reception and the understanding that we were able to achieve in two hours. I will be meeting with staff again on Wednesday prior to the report that will be made to the head of the parks department on Wednesday afternoon. The timing of the demands that have been placed upon staff is very tight and our immediate action has been most beneficial in helping to get this redirected early. In my experience this is far easier to do while the draft is in progress than after it has been agreed upon by staff and presented to the Commissioners. I will go over the particulars of the history in more detail later. Suffice to say: on behalf of kiteboarders and the Coalition of Kiteboarders I represented to staff the following themes and factual history;

Contrary to their perception after having visited many websites and researched Kiteboarding; kiteboarding is NOT usually done on beaches where there are no people. I explained that I have traveled extensively doing this sport and only in Venezuela have I seen it done on a remote beach and that was not dictated by anything other than the wind conditons.

Evidence of Sarasota kiteboarding communities respectful use of the public beaches for access is that we have been doing this for more than twelve years on the Sarasota County beaches, without notable injury or incident to any beachgoer. I explained that we are a VERY active group that polices ourselves and innapropriate behavior or practices are quickly stopped by local kiters who are determined to preserve their privileges at all costs.

I demonstrated the launch and land methods that we have been implementing on Lido Beach and explained that we can and will abide by low launch and land procedures that will eliminate the threat to nesting birds on the beach. I will be doing a demonstration at the beach for the Audubon and FWC on Wednesday with or without wind permitting.

I was quick to allay the fears of staff that because this is a fast growing sport our beaches will be more and more vulnerable to irresponsible and untrained individuals entering the sport. I told them that we don't sell kites to customers under circumstances where they are either untrained or are not also purchasing a lesson package. They asked; what about the other store and I answered that when scrutiny of this nature is brought to bear on a sport that creates such passionate enjoyment, everyone involved will rise to or maintain a level of care that will assure all of our continuing priviliges.

Our limited season and the conditions in which we actually use the beach for kiteboarding were discussed.

The evolution of the kiteboarding equipment and the inherent safety that has been built into the kite equipment was thoroughly explained.

My county license and insurance coverage for the County Parks Department that has been in place for six years was mentioned and acknowledged.

I was presented with an ordinance that they staff members mistakenly thought, did, already prohibit kiteboading on Lido Beach. They had also been informed by a Police official that this was the case; however this ordinance upon further examination turns out to be not about Kiteboarding at all. That point I did not discover until after the meeting and winning a lot in this meeting I think this was better left for another time.

I hope that this helps. I have a diagram and copies of the wording that staff members wrote on the whiteboard and gave me copies of.

This is by no means a done deal. Staff will have to go to bat for US now with Audubon and FWC to help us protect our access. I look forward to meeting with them on Wednesday and to further success.

Many, many thanks for your support, interest and advice. I will be updating very soon.

Please if you are in receipt of this update pass it on. Your participation by becoming a counted member of this Coalition is the meat of it's success. If you cannot join us on Saturday, you can send an e-mail stating your commitment to membership in the Coalition whose sole purpose is to promote safety and assure access for kiteboarding. Kind regards to all, Laurel"
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Old 05-17-2010, 09:37 PM
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Another email from Laurel:

"Hi again, another thought. I was told this morning at 8 o'clock by the Commissioners' Secretary Jody that because a public hearing has already been set to review the proposed changes (even though they are not in their final stage), the Commissioners are not allowed to discuss publicly or privately the issue at hand. The sunshine law prohibits discussion prior to the public hearing as this and all discourse is considered testimony. That is why I was referred to staff members. Staff members, working by the seat of their pants to bring this together, perusing the internet found god awful evidence of the mayhem and danger that surrounds kiteboarding in other places. NOT HERE OF COURSE.

As most of the Commissioners have not weighed in on this nor had the facts or final wording presented to them. Staff members will have the most clout with shaping the opinions of the Commissioners as the Commissioners rely upon them to advise them. I believe that it is crucial to our success that we NOT muddy the water by asking for their views on group of Kiteboarders can help by e-mailing and telephoning the Commissioners. For now, I am hopeful that you can spread the information about our progress and direct questions to me for answers that haven't yet been provided. Like why and how did the initial wording look so bad. Let's not dwell on that. If I don't know I will do my best to find out through the inroads that are established.

As you may have gleaned, I am guardedly optimistic, if not joyful at the progress that has been made. PLEASE, let's get everyone together and exchange ideas and establish ourselves more fully with County Staff. You are the Sarasota Kiteboarders' Coalition.

Sincerely, Laurel"
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Old 05-17-2010, 10:23 PM
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Last email post for tonight I hope. A lot has happened today, some of it quite positive in aspect compared to where things seemed to be yesterday. I firmly believe in give and take in these things as long as the main goals of maintaining access aren't compromised. Laurel would like to maintain the current venue for the meeting, apparently opening things up to other locations in the future. I would ask that parties consider the greater good of getting the kiting community past issues with the county and participating in this first meeting.

"Hi Rick, This is a labor of love and an invitation. I am not moved by the perception of one individual and our cause is not threatened by anything as much as by dissension. I firmly believe that changing the venue of this meeting, would be damaging to the cause; if, later meetings are held elsewhere it is of no consequence to me, period. If I didn't believe in right and wrong and were not willing to stand by my convictions and to stand alone, I would not be doing this, would I? I do sincerely appreciate and accept the wisdom of your suggestion. My reasoning, however and my motivation are sound.

Sincerely and with kind regards and respect, Laurel

From: Rick Iossi <flkitesurfer@hotmail.com>
To: kitesurfher@yahoo.com
Sent: Mon, May 17, 2010 9:30:29 PM
Subject: RE: Sarasota Kiteboarders Coalition/ SKC

Hello Laurel,

Me too (hope there will be wide participation in the opening meeting). Perhaps picking a more neutral location? It is a pain but having a divided front with such a small community is something to be avoided. It may take some yielding from all parties involved to build a common base to work from. If everyone is lobbying public officials from the same position, showing up unified at hearings it carries more weight. I need to spend more time reviewing the documents to try to identify all the types of people that might be impacted by the proposed regulations. Making them aware of the proposed changes and asking them to join in could effectively swell our numbers. What type of folks do you think the regulations may impact?

Our beaches aren't suitable for landboarding, too soft, narrow and crowded. If they make themselves vocal and numbers felt, try to row them aboard. If not, well we've got our hands full with just fighting for kiteboarding on the water.

Excellent measures regarding kite launch and handling. I would add to it, staying on land for as short a time as possible. Perhaps exercising particular care during peak nesting times between March and August. The wind fizzles by mid May as a rule, in theory taking viable kiting off the table for much of the remaining time. We had the same problem with powered paragliders being confused with kiters. We took in some photos with a quick comparison of impacts of each in handout form to set them straight. Sometimes submitting these materials for review prior to meetings can be helpful as long as it seems they won't try to form rocks out of it to throw at us.

If they stick to there guns, redefining private to effective "public" beach, I am afraid there are serious legal overtones that warrant challenging. The good news is there will be a lot of people impacted by this potentially beyond kiters. Think of all the rich folks with beach front houses, that paid heavily to be there to have privileges restricted after the fact while still paying high taxes. They would make nice allies. Do you see windsurfers being impacted by any of this?

Thanks for your efforts in this!
Rick"
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Old 05-20-2010, 02:07 PM
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Default Neutrality Called For

Hi All,

I have advised Laurel that an organizational meeting should be held in a neutral site.. such as the Siesta Key Pavilion. The first order of business would be to elect a chairperson and devise a platform and an action plan. Hope she listens otherwise getting everyone on the same page will be difficult.

Rob
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Old 05-20-2010, 02:28 PM
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Default Sarasota Efforts

Quote:
Originally Posted by Kiteboarding Tampa Bay View Post
Whomever (if anyone) is heading up this effort, please contact me, I would like to help however possible.
Steve Sadler (813) 389-3683
www.kiteboardingtampabay.com
www.actionsportsfoundation.org
Shop owners in Sarasota are leading this effort...

kitesurfher@yahoo.com and rpexj@yahoo.com
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