ENVIRONMENTAL BEST MANAGEMENT PRACTICES (BMPs) / PROJECT DESIGN CRITERIA (PDC)

CHECKLIST NOAA-FUNDED PROJECTS – PINELLAS COUNTY

1. Sensitive Habitats, Wildlife, and Fisheries Resources Avoid and minimize impacts and disturbance to sensitive shoreline, intertidal, and benthic habitats including seagrasses, oyster beds, hardbottom, and corals.

Avoid and minimize impacts and disturbance to wildlife and fisheries species and their habitats, including all protected species.

2. USACE Section 404 Clean Water Act and Section 10 Rivers and Harbors Act Permits Permits may be required if temporary structures or discharge of dredged or fill material are required during marine debris removal activities.

USACE, FDEP, and WMDs have a joint permit application process where FDEP or WMD serve as the initial agency to which permit applications should be submitted and will then be distributed to the USACE regulatory office if required. Several Nationwide permits could apply to the proposed work. Additional permitting information may be found in the Florida Marine Debris Emergency Response Guide https://marinedebris.noaa.gov/emergency-response-guide/florida-marine-debris-emergency-response-guide.

Contact the USACE Jacksonville Regulatory District for specific federal permitting guidance at 904-232-1177 or https://www.saj.usace.army.mil/Contact/.

3. Florida Department of Environmental Protection (FDEP) and Related FDEP is the lead coastal agency for the state, FDEP communicates water management district comments and the state’s final consistency decision to federal agencies and applicants for all actions.

Debris removal projects that are along navigable waters and extend below the mean high water line may also require a state-owned submerged lands authorization to use lands that belong to the state of Florida. Debris removal projects that include solid waste disposal and processing sites may also require a FDEP waste management permit.

Environmental resource permits (ERP), waste management permits, and state-owned submerged lands authorizations are processed through FDEP district offices, WMDs, and delegated local governments. Operating agreements between these entities spell out who will process a given application. Additional permitting information may be found on the Southwest District Permitting page of the FDEP website https://floridadep.gov/southwest/sw-permitting.

Contact the FDEP Southwest District for specific state permitting guidance at 813-470-5700.

4. NMFS Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Essential Fish Habitat (EFH), Fish and Wildlife Coordination Act (FWCA)

Specific Marine Debris Removal PDCs:

Marine debris removal activities are limited to marine debris that poses a threat to human health and safety and/or natural resources (flora, fauna, and their habitats).

Removal of marine debris may require visual confirmation (e.g., observation and assessment, including use of divers, swimmers, and cameras when applicable) that the item can be removed without causing further damage to natural resources.

Marine debris shall be lifted straight up and not be dragged through seagrasses, oyster beds, or coral habitats. If marine debris must be pulled during removal, other minimization methods (e.g., lift bags, roller bags, equipment mats) should be employed. Trawling cannot be used as a means of marine debris removal. Debris shall be properly disposed of in appropriate facilities in accordance with applicable federal and state requirements.

An absorbent blanket or boom shall be immediately deployed on the surface of the water around any marine debris to be removed if fuel, oil, or other free-floating pollutants are

ATTACHMENT F

https://marinedebris.noaa.gov/emergency-response-guide/florida-marine-debris-emergency-response-guide https://marinedebris.noaa.gov/emergency-response-guide/florida-marine-debris-emergency-response-guide https://www.saj.usace.army.mil/Contact/ https://floridadep.gov/southwest/sw-permitting observed during the work. If reportable quantities of fuel, oil, or pollutants are released to the environment during removal operations, a National Response Center (NRC) report shall be filed with the US Coast Guard (800-424-8802).

All marine debris removal activities must be conducted during daylight hours.

Use of active acoustic equipment (e.g. ecosounders, sonar) should not produce sound below

200 kHz.

General In‐Water Work PDCs:

Education and observation:

All personnel associated with the project will be instructed about the potential presence of species and critical habitat protected under the ESA and MMPA, as well as Essential Fish Habitat (EFH) protected under the Magnuson–Stevens Fishery Conservation and Management Act (MSA). All on‐site project personnel will be responsible for observing water‐related activities for the presence of protected species and habitats. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA‐listed species or marine mammals.

To determine which species and critical habitat may be found in the project area, please review the relevant Protected Species Lists at:

https://www.fisheries.noaa.gov/southeast/consultations/threatened-and-endangered-species-list-florida-gulf-coast.

For more information on EFH see https://www.fisheries.noaa.gov/national/habitat-conservation/essential-fish-habitat.

Vessel traffic and equipment:

All vessel operators must watch for and avoid collision with species protected under the ESA and

MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures.

All vessels associated with marine debris removal activities shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-ft clearance from the bottom, and after a protected species has been observed in and has departed the area.

All vessels will follow marked channels and/or routes using the maximum water depth whenever possible.

Operation of any mechanical construction equipment, including vessels, shall cease immediately if a protected or ESA-listed species is observed within a 50-ft radius of construction equipment and shall not resume until after the species has departed the area of its own volition.

If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible.

All Vessels:

If sea turtles are sighted, maintain a minimum distance of 150 ft. If sea turtles approach the vessel within 150 feet, engines are to be placed in neutral until the animal safely departs.

If marine mammals are sighted (i.e., dolphins, whales, or porpoises), maintain a minimum distance of 300 ft., or 1,500 ft for whales. If marine mammals approach the vessel within 300 ft, engines are to be placed in neutral until the animal safely departs.

When these animals are sighted while the vessel is underway (e.g., bow-riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area.

Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits

Turbidity control measures:

https://www.fisheries.noaa.gov/southeast/consultations/threatened-and-endangered-species-list-florida-gulf-coast https://www.fisheries.noaa.gov/southeast/consultations/threatened-and-endangered-species-list-florida-gulf-coast https://www.fisheries.noaa.gov/national/habitat-conservation/essential-fish-habitat https://www.fisheries.noaa.gov/national/habitat-conservation/essential-fish-habitat

Turbidity must be monitored and controlled; prior to shallow in-water work turbidity curtains shall be installed as per below. Turbidity curtains may be waived if minimal turbidity is generated during marine debris removal or if the current is too strong for curtains to stay in place.

Entanglement:

All turbidity curtains, hard and sorbent booms, buoys, anchors, and other in‐water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains and booms likewise must be made of materials that reduce the risk of entanglement of marine species.

In‐water lines (rope, chain, and cable, including the lines to secure turbidity curtains and boom) must be stiff, taut, and non‐looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in‐water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water.

Turbidity curtains, booms, and other in‐water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area.

Measures to avoid:

Use of in-water explosives.

Trawling for debris removal.

Deployment of anchored items that do not employ stiff, taut, and non-looping anchor lines.

Dragging marine debris across sensitive habitats - items shall be hoisted or refloated if possible

(see further guidance below).

NMFS Sensitive Habitats PDCs and BMPs:

Avoid work vessel grounding; prop, bow, keel, and skeg scarring; and prop washing in sensitive habitats, especially locations with seagrasses, hard-bottom, and corals.

Avoid anchoring/spudding on corals and hard-bottom; avoid/minimize anchoring and spudding in seagrasses; anchor and spud on bare sand and mud bottoms. Use existing mooring balls when available and feasible.

If spudding on seagrasses cannot be avoided, divers should fill spud holes to grade with clean sand from nearby sources, as feasible, to minimize impacts.

All impacts to SAV, corals hard-bottom should be avoided and minimized to the extent practicable. To support this, coral and hard-bottom surveys should be conducted in marine debris removal or research sites to understand the types of habitats present and ensure any damage is avoided or limited.

Monofilament, rope or other entangling debris will be carefully cut loose from coral (ESA-listed or non-listed) so as not to cause further harm. Under no circumstance will line be pulled through coral since this could cause breakage of coral.

Minimize damage to coral during removal of derelict fishing gear or other small marine debris located on or within corals by carefully cutting away and hand removing it from the coral.

Divers should maintain buoyancy control and avoid and minimize touching and body/gear contact with corals (except when coral relocation/restoration is authorized); minimize sediment disturbance/turbidity in the vicinity of corals; secure all equipment so that it cannot drag or snag on corals; use mooring buoys instead of anchors when possible and never drop anchors onto reefs; ensure engines are well maintained to avoid the release of petroleum products in reef areas; make sure vessel sewage is disposed of in a way that does not affect the nutrient balance of the reef ecosystem; follow environmentally sound methods of trash disposal on boats and land; and, obey all local dive rules, regulations, and customs.

Prior to hoisting, refloating, and removing marine debris, crews shall evaluate the immediate area and determine an ingress/egress path that will have the least impact on sensitive habitats.

This shall include using divers or snorkelers, if applicable, in seagrasses and coral habitats.

Review of habitat maps, bathymetric charts, aerial photography, remote sensing images, and/or other appropriate data shall also be used as available and applicable. Drop cameras or bottom probes or grab samplers may also apply.

Avoid pulling marine debris across or onto sensitive habitats - items shall be hoisted or refloated if possible. Use of lift bags, roller bags, equipment mats, and other methods shall be evaluated to minimize impacts, such as bottom scarring and soil rutting and compaction.

Cutting up or otherwise disassembling large debris in place into smaller pieces for removal, in part or whole, using less intrusive equipment or hand crews when applicable, shall be considered, to avoid and minimize sensitive habitat impacts.

Avoid and minimize digging, excavation, jetting, use of pump hoses on sediments, and similar methods in and/or near sensitive habitats. If such methods must be used, turbidity barriers shall be deployed, even when working on bare sand and mud bottoms (see turbidity control measures, above). When using these methods, permits may be required (see USACE and FDEP permitting, above).

Reporting Requirements/Contacts:

Any collision(s) with and/or injury to any sea turtle, whale, dolphin, giant manta ray, sturgeon, or other ESA-listed species, marine mammal, or critical habitat occurring during marine debris removal activities shall be reported as soon as possible to NMFS PRD (727-824-5312) or by email to: takereport.nmfsser@noaa.gov.

Report stranded, injured, trapped, entangled, or dead sea turtles to the Florida Fish and Wildlife Conservation Commission’s Wildlife Alert (888-404-3922) or https://www.fisheries.noaa.gov/report.

Sturgeon: Report dead sturgeon to 844-STURG 911 (844-788-7491) or email to nmfs.ser.sturgeonnetwork@noaa.gov.

Marine mammals: Report stranded, injured, trapped, entangled, or dead animals to 877-WHALE HELP (877-942-5343) or https://www.fisheries.noaa.gov/report.

Any giant manta rays observed (live or dead) should be reported to NMFS PRD at 727-824-5312 or Manta.Ray@noaa.gov.

5. USFWS Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection Act (BGEPA), MMPA, Fish and Wildlife Coordination Act (FWCA)

Education and observation:

All personnel associated with the project will be instructed about the potential presence of species and critical habitat protected under USFWS jurisdiction. All on‐site project personnel will be responsible for observing work areas and activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA‐listed species and migratory birds. To determine which ESA‐listed species and critical habitat may be found in the project area, please review the relevant species lists at:

https://ecos.fws.gov/ipac/.

Manatees:

All in-water work must be in accordance with USFWS, Florida Standard Manatee Conditions For

In-Water Work (2011) (listed below).

mailto::%20takereport.nmfsser@noaa.gov https://www.fisheries.noaa.gov/report https://www.fisheries.noaa.gov/report mailto:Manta.Ray@noaa.gov https://ecos.fws.gov/ipac/

All personnel shall be instructed about the presence of manatees, and the need to avoid collisions with and injury to manatees. Advise all personnel that there are civil and criminal penalties for harming, harassing, or killing manatees.

All work, equipment, and vessel operation should cease if a manatee is spotted within a 50‐foot radius (buffer zone) of the active work area. Personnel should be encouraged to use sunglasses with polarized lenses to improve the likelihood of seeing manatees on and below the water’s surface. After the manatee has left the buffer zone on its own accord (manatees must not be herded or harassed into leaving), or after 30 minutes have passed without additional sightings of manatee(s) in the buffer zone, in‐water work can resume under careful observation for manatee(s).

If used, in‐water assets (e.g., booms or turbidity barriers) should be properly secured, made of material in which manatees cannot become entangled, and be monitored to avoid manatee entrapment or impeding their movement.

Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville ((352) 448-9151) and emailed to FWC at ImperiledSpecies@myFWC.com

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 8½ " by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown 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 https://myfwc.com/wildlifehabitats/wildlife/manatee/education-for-marinas/. Questions concerning these signs can be forwarded to the email address listed above.

Additional Considerations:

Equipment and material staging areas should be located outside of areas of native vegetation and known endangered species habitats.

Collect all floating debris during in-water marine debris removal.

6. FDEP - Division of Historical Resources (DHR) - Bureau of Historic Preservation (BHP) SHPO Section 106 National Historic Preservation Act Cease all activities involving subsurface disturbance, and immediately contact the SHPO (BHP

850-245-6333) if prehistoric/historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time (and leave all artifacts in place). Marine debris removal activities shall not resume without verbal and/or written authorization. In the event unmarked human remains are encountered during marine debris removal activities, stop all work immediately and contact the SHPO and local law enforcement.

For marine debris removal sites not already pre-screened during initial SHPO coordination, the SHPO shall be notified of efforts that require substantial ground or bottom disturbance beyond the initial disturbance caused by the marine debris. The SHPO will be provided with project coordinates for review and will review the project area and provide notification if historic or archaeological sites are present or are likely present. If no sites are present or are unlikely to be present, the activity may proceed with inclusion of the unanticipated discoveries procedure mailto:ImperiledSpecies@myFWC.com https://myfwc.com/wildlifehabitats/wildlife/manatee/education-for-marinas/

(previous bullet). If sites are present or are likely present, the state SHPO will provide recommendations to avoid or minimize potential effects to the sites.

7. Tribal Coordination See SHPO BMPs above. There are no federally recognized tribes within the project area.

Time of Year Restrictions / Notes:

Agency Restriction Time Frame BMPs Reasoning N/A N/A N/A N/A

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Sources: Primary sources for this document come from NMFS: Essential Fish Habitat Assessment for Consultations (2023); NOAA MDP Biological Evaluation for a Programmatic Consultation under the ESA (2021); recent NOAA MDP 2020-2021 Hurricane season marine debris removal grants; USCG BMP checklists utilized during Emergency Support Function (ESF) ‐ 10/3 emergency response missions (2017‐ 2022); Florida Marine Debris Emergency Response Guide: Comprehensive Guidance Document (2022);

the NMFS Guidance for Endangered Species Act (ESA) Emergency Consultations for Hurricane Response Activities in the Southeast United States (2019); the NMFS USACE Jacksonville District’s Programmatic Biological Opinion (JAXBO, 2017); the NMFS Programmatic EFH Consultation for NOAA MDP Activities (2015); the NOAA MDP Programmatic Environmental Assessment (2013); and discussions and material provided by USFWS, FDEP, and NMFS.