DESTIN — Crab Island, which Okaloosa County Commission Vice Chairman Kelly Windes has likened to "the wild West," soon might be tamed by local and federal officials.
Among other issues, the potential crackdown could involve limiting the number of business vendors at the usually submerged island. It also might include a prohibition on commercial floating structures from anchoring overnight as well as a curtailment of the sale of drink mixes or other items that come with "free" alcoholic beverages for visitors.
Those were among the issues that were mentioned and/or discussed at Tuesday’s County Commission workshop on potential Crab Island regulations. The island stands within the county’s unincorporated area.
Before making any decisions on possible rules for the party spot, commissioners want to know more about the National Park Service's regulations on Crab Island. At a Crab Island workshop in Destin several weeks ago, Gulf Islands National Seashore Superintendent Dan Brown said the island is also within the Seashore’s boundaries and jurisdiction.
All commercial businesses that operate within the Seashore typically must have either a Seashore-issued concessions contract or commercial use authorization. But because of complex jurisdictional issues and other issues, the National Park Service has not issued any such permits for businesses at Crab Island, Brown said.
The commission on Tuesday plans to vote on whether to ask the National Park Service for a written determination of its regulations of commercial activities at the island and the extent of its enforcement of the regulations.
"While it is the county’s intention to take prudent steps to protect the public health and safety of those individuals who use and enjoy the recreational activities at Crab Island, we wish to avoid duplicative regulation and have no desire to overstep our bounds," Commission Chairman Graham Fountain wrote in a draft letter to Brown that awaits the commission’s approval.
Brown was joined at Tuesday's commission workshop by the Park Service's regional chief of commercial services. Brown said he and his colleague wanted to learn about the county’s concerns about Crab Island so they can share them with Brown’s boss.
Brown told commissioners the Park Service did not previously have the ability to enforce its regulations at Crab Island but now has sufficient staffing to do so.
‘Almost out of control’
Windes, who had attended the Crab Island workshop in Destin, told fellow commissioners that the festive atmosphere at the island has at times become a little too festive.
"The tone that (the party island) sets for the city of Destin was the concern of some of the people" who spoke at the city's workshop, he said.
"The sale of alcohol on some of these floating structures has been kind of an almost bait-and-switch to me," Windes added. "I think (some vendors) give a certain amount of food (for sale) and don’t charge you for the alcohol. I don’t know exactly how it works, but it’s suspect to me."
Some people at the island reportedly work around not having an alcohol license by selling drink mixes and then offering the accompanying alcohol for free.
County Undersheriff Steve Harker told the commission the Sheriff’s Office has seen an "exponential increase" in the number of calls for service at Crab Island in recent years.
For example, the number of marine violations such as speeding jumped from 89 in 2016 to 562 last year, and the number of distressed swimmers rose from nine in 2016 to 30 in 2017, according to Sheriff's Office statistics.
Some swimmers have needed to be rescued from strong currents around the island.
There were two DUI boating offenses at the island last year, compared to one in 2016 and zero in 2015, according to the Sheriff's Office.
Overall, the calls for service include "everything from a distressed boater to alcohol to violent issues to drug usage," Harker said. "We’ve actually had folks hospitalized, and there have been some circumstances (in the congested mass of boats and people) that we don’t have the means to get to them at times.
"Crab Island is not what it was five years ago," he said, adding that many businesses at the island are not regulated like land-based businesses. Overall, the island is "becoming almost to the point where it’s almost out of control from a law enforcement standpoint."
Harker also said the Sheriff's Office supports prohibiting floating structures from anchoring at the island overnight.
Windes said regulations must be implemented to control the island.
"In five to 10 years, we’ll have 30 floating structures out there," he said. "It’s in Destin’s and the county’s best interest to regulate out there."
‘Order, not chaos’
Last fall, residents who live on either side of Santa Rosa Sound just west of Brooks Bridge noticed two floating structures in the water.
Some residents complained to county officials that the structures were moved there because Destin officials early last year banned them from most parts of Destin Harbor and other city waterways. Residents and county officials have said the floating structures create navigational hazards for vessels.
Late last year the county staff began working on a draft ordinance to regulate commercial floating structures in the waters in the county’s jurisdiction. The draft version includes a section that would not allow such structures at Crab Island or in other areas of open water between sunset and sunrise each day.
Violators could face a fine of up to $500. If approved, the ordinance would take effect Jan. 1 of next year.
County Attorney Greg Stewart said the ordinance is still in preliminary form.
"It is still in the review process and has not been provided to the members of the County Commission for their consideration," he said in an email Wednesday.
Some commissioners at Tuesday's workshop said they do not want to hurt the businesses at Crab Island or cut down on people’s enjoyment, but want to make it safer.
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"We want order, not chaos," Commissioner Carolyn Ketchel said.
But Tim O’Malley, who owns an inflatable amusement park and the floating structure called the Treasure Chest at Crab Island, said the area is more family-oriented now compared to past years.
O’Malley said he was pushed out of the fishing industry because of regulations, and that he had to refinance his house to invest in his businesses at Crab Island.
"Don’t put us out of business," he said. "What do we have to do to get a permit to operate out there? We’re only out there four months out of the year. That’s our whole year to live on, what we make in those four months."
Crab Island Jet Ski-rental businessman Jeramiah Shastid said he spent last year rebuilding his floating structure.
"The year before (in 2016), I personally rescued nine people from drowning," Shastid said. "They were tourists who came on pontoon boats and jumped in deep water, where they got caught in the current and were pushed out.
"We’re not doing a disservice. We are doing a service," he said, adding, "99.9 percent of the businesses out there are out there to make a living. We contribute to the community."
Shastid said the island has shallow water for children to play in.
Commissioner Trey Goodwin said he has not received a lot of complaints about Crab Island, and he expressed concern about the county creating new ordinances to regulate the island activities.
"I’d rather not double-layer this," Goodwin said. "If the federal government through the National Park Service is interested in exercising its jurisdiction, I’d be more in favor of just letting them do it."
But Fountain and Commissioner Nathan Boyles said the commission has time to work with the Park Service to ensure that any regulations from the county and federal government do not overlap.