20240910_SP_Form_(S).pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: CITY OF ST. PETERSBURG

ATTENTION: MR. DANIEL (EVAN) MORY

P.O. BOX 2842

ST. PETERSBURG, FL 33731

Permit No: SAJ-2016-01663-SP-BMC

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: Install a floating dock structure consisting of four (4), 10-foot by 20-foot barges secured together and a 4-foot by 50-foot gangway with handrail where the floating dock will be anchored to the substrate via five (5) 18-inch diameter metal spuds and the gangway will be secured to the seawall. The work described above is to be completed in accordance with the 4 pages of drawings [and six (6) attachments] affixed at the end of this permit instrument.

Project Location: The project site is located along an existing seawall on the western side of the North Yacht (Vinoy) Basin adjacent to Bayshore Drive NE, in Section 19, Township 31 South, Range 17 East, St. Petersburg, Pinellas County, Florida 33731

Directions to site: From I-275 S, take exit 23A to merge onto I-375 E. Merge onto 4th Ave N. Turn right (south) onto 1st Street NE. Turn left (east) onto 2nd Ave NE. Turn left (north) onto Bayshore Drive NE and North Yacht Basin will be on the right.

Approximate Central Coordinates: Latitude: 27.776336 Longitude: -82.63029

Permit Conditions

General Conditions:

1.

If you find that you need more time to complete the authorized activity, submit your

The time limit for completing the work authorized ends on September 10, 2029.

PERMIT NUMBER: SAJ-2016-01663

PERMITTEE: MR. DANIEL (EVAN) MORY, CITY OF ST. PETERSBURG

request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

Special Condition 1: Reporting Address: The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

The Permittee shall reference permit number, SAJ-2016-01663 (SP –BMC), on all submittals.

mailto:SAJ-RD-Enforcement@usace.army.mil

Special Condition 2: Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit, the Permittee shall submit a completed “Commencement Notification” form (Enclosure 2).

Special Condition 3: Posting of Permit: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site.

Special Condition 4: Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” (Enclosure 3) and submit it to the Corps. If the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps.

Special Condition 5: Cultural Resources/Historic Properties:

a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP.

b. If, during permitted activities, items that may have historic or archaeological origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours).

Examples of submerged historical, archaeological, or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps.

a. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

d. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps.

Special Condition 6: Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

Special Condition 7: Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. Failure to comply with applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at:

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

JAXBO may be subject to revision at any time. The most recent version of these JAXBO conditions must be utilized during the design and construction of the permitted work.

Special Condition 8: USFWS Concurrence Letter: This permit does not authorize the Permittee to take an endangered species, in particular the West Indian manatee. In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with “incidental take” provisions with which you must comply).

The enclosed FWS Concurrence Letter (Enclosure 4) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with FWS’ Concurrence for the project. Authorization under this permit is conditional upon compliance with all of the mandatory terms and conditions and reasonable and prudent measures in the enclosed FWS Concurrence Letter (Enclosure 4, Pages 5 - 6), which are incorporated by reference in this permit. Failure to comply with the terms and conditions and reasonable and prudent measures set forth in the FWS Concurrence Letter, would constitute noncompliance with this permit. In addition, failure to comply with the terms and conditions and reasonable and prudent measures set forth in of the FWS Concurrence Letter, where a take of the listed species occurs, would constitute an unauthorized take. The FWS is the appropriate authority to determine compliance with the terms and conditions of its FWS Concurrence Letter, and with the ESA. FWS Concurrence Letter Special Conditions with reporting requirements include:

a. Applicant will immediately report any collision with a manatee, or observation of a dead or injured manatee, to the Florida Fish and Wildlife Conservation

Commission's Wildlife Alert at 888-404-FWCC (3922) and in the case of any collision to also notify the USFWS Florida Ecological Services Office at 352-448-

9151. [Note: The Applicant will report any confirmed or potential manatee vessel strike, or observation of a dead or injured manatee, to the USFWS Florida

Ecological Service’s email inbox (fw4flesregs@fws.gov) within 24 hours of the incident.]

b. The Applicant will submit monthly marine mammal observer reports to the

USFWS Florida Ecological Service’s email inbox (fw4flesregs@fws.gov) with the subject line “2024-0048587 / SAJ-2016-01663 (SP-BMC) Cross Bay Ferry

Marine Mammal Observer Report [insert month and year]” no later than the fifth day of the following month (e.g., the January report must be submitted by

February 5th). An example marine mammal observer report can be found at

Example Daily Observer Log Sheet (myfwc.com).

mailto:fw4flesregs@fws.gov

Special Condition 9: Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work- 2011” (Enclosure 5).

Special Condition 10: Vessel Strike Avoidance Measures: The Permittee shall comply with the “Vessel Strike Avoidance Measures and Reporting for Mariners”, revised May 2021 (Enclosure 6), for marine turtles and marine mammals.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

( ) Section 404 of the Clean Water Act (33 U.S.C. 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

Attachments to Department of the Army Permit Number SAJ-2016-01663

1. PERMIT DRAWINGS: 4 pages, dated October 6, 2023

2. COMMENCEMENT NOTIFICATION: 1 page

3. SELF-CERTIFICATION FORM: 1 page

4. USFWS CONCURRENCE LETTER 8 pages, dated July 10, 2024

5. MANATEE CONDITIONS: 2 pages, Standard Manatee Conditions for In-Water Work – 2011

6. VESSEL STRIKE AVOIDANCE MEASURES 3 pages

US Army Corps of Engineers Tampa Permits Section Received by CESAJ-RD-WT Date: October 6, 2023

SAJ-2016-01663

SAJ-2016-01663 ENCLOSURE 1

(Sheet 1 of 4)

US Army Corps of Engineers Tampa Permits Section Received by CESAJ-RD-WT Date: October 6, 2023

SAJ-2016-01663

(Sheet 2 of 4) i

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80.0'

20.0'

I I I I I I I I I I I I I I I I I I I I c., z

18" METAL SPUDS (TYP)

OVERLAP

4.0'

(4) BARGES SECURED TOGETHER

TO FORM A 2o·xso· FLOATING

BARGE PLATFORM

GANGWAY SECURED TO

CONCRETE BULKHEAD

EXISTING SEAWALL

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REVISIONS

BY DATE

ENGINEERING AND CAPITAL

IMPRO�MENT DEPARTMENT

CITY of ST. PETERSBURG

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PLAN VIEW

FLOATING BARGE PLAFORM FOR

CROSS BAY FERRY

TAMPA/ST. PETE

FERRY PROJECT

DATE: 5/2018

DWG. No.

11359-01

JV 09/2023

US Army Corps of Engineers Tampa Permits Section Received by CESAJ-RD-WT Date: October 6, 2023

SAJ-2016-01663

(Sheet 3 of 4)

18" METAL SPUDS (TYP)

FLOATING BARGE PLATFORM

18" METAL SPUDS

GANGWAY W/ 4' HANDRAILS

2' ± MSL _j l

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12.0' k�

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SCALE: 1 •=20'

TAMPA/ST. PETE

FERRY PROJECT

DATE: 5/2018

DWG. No.

11359-02

09/2023

DATE

US Army Corps of Engineers Tampa Permits Section Received by CESAJ-RD-WT Date: October 6, 2023

SAJ-2016-01663

(Sheet 4 of 4)

COMMENCEMENT NOTIFICATION

Within ten (10) days of initiating the authorized work, submit this form to via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2016-01663 (SP-BMC)

2. Permittee Information:

Name: __________________________________________

Email: __________________________________________

Address: __________________________________________

Phone: __________________________________________

3. Construction Start Date: ______________________

4. Contact to Schedule Inspection:

Name: __________________________________________

Email: __________________________________________

Phone: __________________________________________

Signature of Permittee

Printed Name of Permittee

Date

SAJ-2016-01663 ENCLOSURE 2

mailto:saj-rd-enforcement@usace.army.mil

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2016-01663 (SP-BMC)

2. Permittee Information: Name: ____________________________________________

Email: ____________________________________________

Address: __________________________________________

Phone: ___________________________________________

3. Date Authorized Work Started: _________________ Completed: _______________

4. Contact to Schedule Inspection: Name: ____________________________________

Email: ____________________________________

Phone: ___________________________________

5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________

6. Acreage or Square Feet of Impacts to Waters of the United States: _________________

7. Describe Mitigation completed (if applicable): __________________________________

8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations):

I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s).

Signature of Permittee

Printed Name of Permittee

Date

SAJ-2016-01663 ENCLOSURE 3

mailto:saj-rd-enforcement@usace.army.mil

7915 Baymeadows Way, #200 Jacksonville, FL 32256

(352) 448-9151

1601 Balboa Avenue Panama City, FL 32405

(352) 448-9151

777 37th St Suite D-101 Vero Beach, FL 32960

(352) 448-9151

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Florida Ecological Services Field Office

July 10, 2024

Barbara Cory U.S. Army Corps of Engineers 10117 Princess Palm Avenue Suite 120 Tampa, Florida 33610-8302

Service Project Code: 2024-0048587 USACE Application Number: SAJ-2016-01663

(SP-BMC)

Date Received: February 7, 2024

Project: Cross Bay Ferry Docking Facility

Applicant: City of St Petersburg County: Pinellas/Hillsborough

Dear Ms. Cory, The U.S. Fish and Wildlife Service (Service) has reviewed the U.S. Army Corps of Engineers� (USACE) request to initiate informal consultation dated February 7, 2023 [Note: date on consultation letter incorrect, initially received February 7, 2024] regarding the USACE permit application (application number SAJ-2016-01663 (SP-BMC)) from the City of St Petersburg (Applicant; City). The Applicant has applied for a USACE permit to construct a new floating dock structure and operate a ferry year-round within the Tampa Bay estuary. The USACE determined that the Applicant�s proposed Action (Action) may affect, is not likely to adversely affect the federally threatened West Indian manatee (Trichechus manatus latirostris; manatee). The Action is located at Latitude 27.776336°, Longitude - 82.63029°, adjacent to the Vinoy Basin near Bayshore Drive NE, Saint Petersburg, Pinellas County, Florida.

This letter is submitted in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (MMPA) (16 U.S.C. 1361 et seq.).

PROJECT DESCRIPTION

The Applicant proposes install a floating dock to serve as the loading platform and mooring location for the Cross-Bay Ferry service vessel which will travel between the mooring location in Vinoy Basin and the transfer location at the Tampa Convention Center year-round. A floating dock was previously installed at this location. This will include the installation of five, 18-inch diameter metal spuds and a 1,000-square foot floating dock structure. The floating dock will be comprised of four, 10-foot by 20-foot-long barges secured together and anchored to the substrate by the above metal spuds. The floating dock will serve as the loading platform and mooring location for the Cross-Bay Ferry service

SAJ-2016-01663 ENCLOSURE 4

(Sheet 1 of 8) vessel. The 98-foot-long passenger vessel will travel between the mooring location in Vinoy Basin and the transfer location at the Tampa Convention Center. The vessel has a draft of seven feet and a maximum speed of 32.5 knots (37 mph). The vessel will operate year-round and travel approximately 50-minute trip from St. Petersburg to Tampa, FL up to five roundtrips per day. The ferry will be moored overnight at the proposed dock in the Vinoy Basin and will transfer passengers to the Tampa Convention Center, temporarily mooring along an existing seawall, before transiting back to the Vinoy Basin. The current docking facility is located at Port St. Pete approximately one mile south of the proposed docking facility in the Vinoy Basin.

PREVIOUS PERMITTING HISTORY

On September 15, 2016, the USACE authorized a six-month pilot project for the Tampa-St Pete Cross-Bay ferry under a Letter of Permission (LOP). The LOP authorized removal of four existing wooden piles along the south seawall of the Vinoy Basin and installation of a 1,600 square foot floating dock accessible via a 300 square foot ramp secured to the seawall. The dock was to be in place for six-months to moor a 100-foot-long passenger ferry that would travel between the mooring location in the Vinoy Basin and the transfer location at the Tampa Convention Center. The docking structures were to be removed upon completion of the six-month pilot program. In 2017, the Applicant requested a modification to the 2016 LOP (Modification #1) to run an additional six-month ferry program. Due to construction work being conducted at the City of St. Petersburg pier along the southern side of Vinoy Basin, the Applicant requested to install the floating dock along the existing seawall on the west side of the same basin with all other aspects of the project to remain the same. The 2016 LOP was modified five times allowing the Applicant to run six additional trial ferry seasons. The Applicant removed all temporary structures after each of the six-month programs were completed. The Applicant performed the work authorized in the original permit and five modifications, carrying out each of the separate six-month ferry services as follows:

First service began in November 2016 and ended April 2017.

Second service (Modification #1) began November 2018 and ended April 2019.

Third service (Modification #2) began November 2019 and ended April 2020.

Fourth service (Modification #3) began November 2020 and ended April 2021.

Fifth service (Modification #4) began October 2021 and ended April 2022.

Sixth service (Modification #5) began October 2022 and ended May 2023.

On August 25, 2023, the Applicant requested a sixth modification to the 2016 LOP to run one additional six-month trial ferry program from October 2023 to March 2024 with all aspects of the project, including vessel; route; speed; schedule/trips per day; docking locations; proposed temporary docking structures; etc. to remain the same as what the USACE authorized in Modification #1. To allow the Applicant to fill any outstanding contractual obligations, a meeting with USFWS was held via Microsoft Teams on September 5, 2023, to discuss potential use of the existing (2016 and 2017) MANLAA concurrence letters for the manatee. As a result of the meeting, the USACE sent a letter dated September 11, 2023, outlining specific requirements (based on the 2016 and 2017

(Sheet 2 of 8)

USFWS MANLAA concurrence letters for the pilot project) that the Applicant would need to comply with to receive the requested permit modification. The USACE requested written confirmation from the Applicant agreeing to project limitations described in the letter within 30 days from the letter date. On September 19, 2023, the Applicant notified the USACE that:

The number of round trips per day defined in the letter was not a viable option for the ferry service.

The Applicant was opting to not continue the ferry service at the location of the permitted test pilot program.

The Applicant would use a location at the Port of St. Pete in Bayboro Harbor near the Albert Whitted Airport and the U.S. Coast Guard Auxiliary facility.

THREATENED AND ENDANGERED SPECIES

West Indian (Florida) manatee (Trichechus manatus latirostris)

The USACE initially determined that the Action may affect, is likely to adversely affect the manatee based on The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (manatee key). However, after the incorporation of avoidance and minimization measures, the USACE revised the initial manatee key determination to a may affect, is not likely to adversely affect the manatee and requested informal consultation for the manatee. The Action is located within Pinellas County, which does not have a Manatee Protection Plan (MPP). The Action is for construction of a docking facility and the operation of a repeat-use vessel and therefore would have a may affect, likely to adversely affect determination with further consultation with the Service needed when the manatee key is applied.

Manatee and Vessel Interactions

The Action is located within the Tampa Bay estuary, with docking facilities located in downtown St. Petersburg and downtown Tampa (Figure 1). The Action is not located within any known Warm Water Aggregation Area (WWAA) or Important Manatee Areas (IMA), though the vessel will travel within 2.5 miles of the TECO Big Bend WWAA and approximately 0.75 miles of the Port Sutton IMA. A portion of the Action is currently located in a minimal wake / less than 5 knots speed zone within the Vinoy Basin. The Seddon and Garrison Channels, where the Tampa Convention Center docking facility is located, are designated as a Slow Speed Minimum Wake Zone.

(Sheet 3 of 8)

Figure 1: Docking Locations and Vessel Pathway

Vessel strikes are one of the most significant problems faced by manatees and their reaction to vessels has been well documented (Calleson et al 2007; Rycyk et al 2018). The vessel operations from the Vinoy Basin floating dock will follow a known and predictable path during its operations within Tampa Bay from the Vinoy Basin, along the currently established shipping channel, to the Garrison and Seddon Channel, and the docking facility at the Tampa Convention Center (Figure 1). This provides the Service the ability to evaluate the Vinoy Basin docking facility construction along with the vessel operations between the St. Petersburg and Tampa docking facilities.

The Applicant has confirmed through the USACE that the vessel will operate no more than five roundtrips per day between the docking facilities and will operate year-round. This equates to a maximum of 3,650 one-way trips along the vessel path per year (5 roundtrips/day; 10 one-way trips/day; 365 days/year). It is unknown the current number of vessel trips within this portion of Tampa Bay on a yearly basis by other vessels including personal watercraft, commercial vessels, law enforcement personnel, etc.), but it is not anticipated the addition of the 3,650 one-way trips/year would result in a significant number of vessel trips per year within the Action Area. According to Florida Fish and Wildlife Conservation Commission (FWC), the number of registered vessels as of 2022 was 41,495 in Hillsborough County and 53,867 in Pinellas County (FWC 2022). It is not known the exact travel paths or ingress/egress locations of most of these vessels due to the significant number of ingress/egress locations and open nature of the Tampa Bay estuary.

Additionally, the Tampa Bay estuary supports the traffic of cargo and commercial vessels associated with the Port of Tampa Bay, the Port of Manatee, and Port Old Tampa Bay within the Federal navigation channel.

(Sheet 4 of 8)

The most recent manatee synoptic surveys of the Tampa Bay estuary were flown between 2014-2019. Within a 5-mile radius of the Action, which includes both docking facilities and the vessel route, 86 manatee watercraft mortalities have been documented through 2023 (FWC 2024). The greatest concentration of watercraft mortality within the vessel route is within the Seddon Channel, approximately 1.25 miles south of the Tampa docking facility. This area is currently designated as a Slow Speed Minimum Wake Zone.

The most significant WWAA within Tampa Bay is located at the TECO Big Bend Power Station. A high of 543 individuals was documented within the TECO Big Bend WWAA in 2019, approximately 2.5 miles east of the vessel route. This WWAA provides warm water discharges during the winter months that attracts manatees during periods of cold weather and functions as a thermal refuge for the species. Due to manatees being a central place forager in winter, the TECO Big Bend WWAA plays a vital role during the winter for manatees within Tampa Bay and the West Coast of Florida, to provide a central location to assist in manatee thermoregulation (Haase et al 2019). Manatees within Tampa Bay have been documented to forage during the winter on the seagrass flats north and south of the TECO Big Bend WWAA, and on the southern coastline of the MacDill Air Force Base (MAFB). To forage on the southern coastline of MAFB, manatees need to cross the federal channel used by the vessel in the Action (Edwards et al 2016). Manatees will dive to deeper depths when crossing this channel during the winter months to potentially save energy when swimming to the TECO Big Ben WWAA, potentially reducing the possibility of vessel-to-manatee interactions (Edwards et al 2016). Though a manatee could be within any portion of the vessel route at any time of the day or year, it is more likely that an individual will be within the segment of the channel between the TECO Big Bend WWAA and MAFB during the winter months of November 15 � March 31, when the WWAA is needed for thermoregualtion. This allows for approximately 1,360 one-way trips through this location during the winter months.

The USACE and Applicant have proposed the following conservation, avoidance, and minimization measures to reduce the potential of take to the manatee.

1. Implement and follow the standard manatee conditions for in-water work during construction of the floating docking facility.

2. Limit construction of the docking facility to daylight hours only [Note: daylight is defined as one-half hour after sunrise to one-half hour before sunset].

3. Install and maintain permanent manatee educational signs at all slip access locations.

4. Installation of floating and weighted turbidity curtains placed in the water by hand prior to construction of the project and will provide a barrier to construction activities. They will be removed after construction is complete.

5. The Applicant has agreed to adhere to the �Vessel Strike Avoidance Measures and Reporting for Mariners�, revised May 2021, for marine turtles and marine mammals. [Note: Vessel strike avoidance guidance shall also apply to manatees, not only cetaceans and swimming sea turtles.]

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6. The Applicant has provided information to the USACE that the crew used for the Cross Bay Ferry service is trained on spotting and reacting to marine mammals and is committed to ensuring marine mammal observers remain diligent to their obligations.

7. The Applicant has agreed to immediately report any collision with a manatee, or observation of a dead or injured manatee, to the Florida Fish and Wildlife Conservation Commission's Wildlife Alert at 888-404-FWCC (3922) and in the case of any collision to also notify the USFWS Florida Ecological Services Office at 352-448-9151. [Note: The Applicant will report any confirmed or potential manatee vessel strike, or observation of a dead or injured manatee, to the USFWS Florida Ecological Service�s email inbox (fw4flesregs@fws.gov) within 24 hours of the incident.]

For the Service to concur with a MANLAA determination for this project, the following items must be implemented in the special conditions for the federal permit. If the following items cannot be implemented as special conditions for the federal permit, the Applicant must submit a �Vessel Operations Plan� or similar document to the Service for review and approval with the following items incorporated, prior to the final issuance of the federal permit:

1. The Applicant will submit monthly marine mammal observer reports to the USFWS Florida Ecological Service�s email inbox (fw4flesregs@fws.gov) with the subject line �2024-0048587 / SAJ-2016-01663 (SP-BMC) Cross Bay Ferry Marine Mammal Observer Report [insert month and year]� no later than the fifth day of the following month (e.g., the January report must be submitted by February 5th). An example marine mammal observer report can be found at Example Daily Observer Log Sheet (myfwc.com).

2. The implementation of the 2019 addendum to the manatee key if metal pilings or sheet piles are installed with an impact hammer. This includes a) use of at least one dedicated manatee observer, with all work being stopped if a manatee is observed within 1000 feet;

b) no work shall occur outside of daylight hours (defined as one-half hour after sunrise to one-half hour before sunset); and, c) no more than 5 piles/day may be installed.

Given the nature and scope of the proposed Action as described and assuming all the conservation, avoidance, and minimization measures discussed above are included as special conditions in the federal permit, or a �Vessel Operations Plan� or similar document with the above conservation, avoidance, and minimization measures included, is submitted to the Service for review and approval prior to the issuance of a federal permit, the Service concludes the likelihood of take of one or more manatees as a result of this Action is insignificant or discountable. The Service therefore concurs with the USACE determination that the project �may affect, is not likely to adversely affect� the manatee. In addition, because no incidental take of manatees is anticipated, no authorization under the MMPA is required currently. If all the measures discussed in this letter are not included as special conditions of the federal permit or a �Vessel Operations Plan� or similar plan, or if the project is not constructed and operated in accordance with these measures, the Service does not concur with a MANLAA determination and reinitiation of consultation would be required.

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Reinitiation of consultation is required if (1) the amount or extent of take is exceeded; (2) new information reveals the effects of the Action that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) the identified Action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the written concurrence; or (4) a new species is listed or critical habitat designated that may be affected by the identified action.

Thank you for your cooperation in the effort to protect fish and wildlife resources under the purview of the Service. If you have any questions regarding this project, please contact Brendan Myers at 904-402-2456 or brendan_myers@fws.gov.

Respectfully, Christopher Putnam Supervisor, Division of Environmental Review Florida Ecological Services Office, Vero Beach cc: electronic only USACE, Tampa, Florida (Jason Perryman) FWC, Tallahassee, Florida (Imperiled Species Management Section)

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LITERATURE CITED

Calleson, C., and R. Kipp Frohlich. 2007. REVIEW: Slower boat speeds reduce risks to manatees. Endangered Species Research 3:295�304.

Edwards, H. H., J. Martin, C. J. Deutsch, R. G. Muller, S. M. Koslovsky, A. J. Smith, and M. E.

Barlas. 2016. Influence of Manatees� Diving on Their Risk of Collision with Watercraft.

PLOS ONE 11:e0151450.

Florida Fish and Wildlife Conservation Commission (FWC)-Fish and Wildlife Research Institute. 2024. Manatee Mortality GIS Data. <http://geodata.myfwc.com>.

Tallahassee, Florida.

FWC. 2022. FWC announces benchmark of 1 million registered vessels in Florida. FWC announces benchmark of 1 million registered vessels in Florida | FWC (myfwc.com). Tallahassee, Florida. Accessed May 23, 2024.

Haase, C. G., R. J. Fletcher, D. H. Slone, J. P. Reid, and S. M. Butler. 2019. Traveling to thermal refuges during stressful temperatures leads to foraging constraints in a central-place forager. Journal of Mammalogy 101:271�280.

Rycyk, A. M., C. J. Deutsch, M. E. Barlas, S. K. Hardy, K. Frisch, E. H. Leone, and D. P.

Nowacek. 2018. Manatee behavioral response to boats. Marine Mammal Science 34:924� 962.

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STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.

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CAUTION: MANATEE HABITAT

All project vessels

IDLE SPEED / NO WAKE

When a manatee is within 50 feet of work all in-water activities must

SHUT DOWN

Report any collision with or injury to a manatee:

Wildlife Alert:

1-888-404-FWCC (3922)

cell * FWC or #FWC

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VESSEL STRIKE AVOIDANCE MEASURES,

NOAA FISHERIES SOUTHEAST REGIONAL OFFICE

Background Vessel strikes can injure or kill species protected under the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). NOAA Fisheries Southeast Regional Office (SERO) Protected Resources Division (PRD) recommends implementing the following identification and avoidance measures to reduce the risk of vessel strikes and disturbance from vessels to protected species under our jurisdiction.1

Protected Species Sightings All vessel operators and crews should be informed about the potential presence of species protected under the ESA and the MMPA and any critical habitat in a vessel transit area. All vessels should have personnel onboard responsible for observing for the presence of protected species. All personnel should be advised that there are civil and criminal penalties for harming, harassing, or killing listed species and all marine mammals. To determine which protected species and critical habitat may be found in the transit area, please review the relevant marine mammal and ESA-listed species at Find A Species (https://www.fisheries.noaa.gov/find-species) and any ESA Section 7 consultation documents if applicable.

Vessel Strike Avoidance The following measures should be taken when they are consistent with safe navigation to avoid causing injury or death of a protected species:

1. Operate at the minimum safe speed when transiting and maintain a vigilant watch for protected species to avoid striking them. Even with a vigilant watch, most marine protected species are extremely difficult to see from a boat or ship, and you cannot rely on detecting them visually and then taking evasive action. The most effective way to avoid vessel strikes is to travel at a slow, safe speed. Whenever possible, assign a designated individual to observe for protected species and limit vessel operation to only daylight hours.

2. Follow deep-water routes (e.g., marked channels) whenever possible.

3. Operate at “Idle/No Wake” speeds in the following circumstances:

a. while in any project construction areas

b. while in water depths where the draft of the vessel provides less than four feet of clearance from the bottom, or

c. in all depths after a protected species has been observed in and has recently departed the area.

1 Manatees are managed under the jurisdiction of the U.S. Fish and Wildlife Service.

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(Sheet 1 of 3) https://www.fisheries.noaa.gov/species-directory/marine-mammals?species_category=any&species_status=any&regions=1000001121&items_per_page=25&sort= https://www.fisheries.noaa.gov/species-directory/marine-mammals?species_category=any&species_status=any&regions=1000001121&items_per_page=25&sort= https://www.fisheries.noaa.gov/species-directory/threatened-endangered?title=&species_category=any&species_status=any&regions=1000001121&items_per_page=25&sort= https://www.fisheries.noaa.gov/find-species

4. When a protected species is sighted, attempt to maintain a distance of 150 feet or greater between the animal and the vessel. Reduce speed and avoid abrupt changes in direction until the animal(s) has left the area.

5. When dolphins are bow- or wake-riding, maintain course and speed as long as it is safe to do so or until the animal(s) leave the vicinity of the vessel.

6. If a whale is sighted in the vessel’s path or within 300 feet from the vessel, reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area. Please see below for additional requirements for North Atlantic right whales.

7. If a whale is sighted farther than 300 feet from the vessel, maintain a distance of 300 feet or greater between the whale and the vessel and reduce speed to 10 knots or less. Please see below for additional requirements for North Atlantic right whales.

Injured or Dead Protected Species Reporting Vessel crews should report sightings of any injured or dead protected species immediately regardless of whether the injury or death is caused by your vessel. Please see How to Report a Stranded or Injured Marine Animal (https://www.fisheries.noaa.gov/report) for the most up to date information for reporting injured or dead protected species.

If the injury or death is caused by your vessel, also report the interaction to NOAA Fisheries SERO PRD at takereport.nmfsser@noaa.gov. Please include the species involved, the circumstances of the interaction, the fate and disposition of the animal involved, photos (if available), and contact information for the person who can provide additional details if requested. Please include the project’s Environmental Consultation Organizer (ECO) number and project title in the subject line of email reports if a consultation has been completed.

Reporting Violations To report any suspected ESA or MMPA violation, call the NOAA Fisheries Enforcement Hotline. This hotline is available 24 hours a day, 7 days week for anyone in the United States.

NOAA Fisheries Enforcement Hotline: (800) 853-1964

Additional Transit and Reporting Requirements for North Atlantic Right Whales

1. Federal regulation prohibits approaching or remaining within 500 yards of a North Atlantic right whale (50 CFR 224.103 (c)). All whales sighted within North Atlantic right whale critical habitat should be assumed to be right whales. Please be aware and follow restrictions for all Seasonal Management Areas along the U.S. east coast. These areas have vessel speed restrictions to reduce vessel strikes risks to migrating or feeding whales. More information can be found at Reducing Vessel Strikes to North Atlantic Right Whales (https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales).

2. Ships greater than 300 gross tons entering the WHALESOUTH reporting area are required to report to a shore-based station. For more information on reporting procedures consult 33 CFR Part 169, the Coast Pilot, or at Reducing Vessel Strikes to North Atlantic

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(Sheet 2 of 3) https://www.fisheries.noaa.gov/report https://www.fisheries.noaa.gov/report https://www.fisheries.noaa.gov/report mailto:takereport.nmfsser@noaa.gov https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales…