Attachment J- FWC 25.26-55-ITB.pdf

DEPARTMENT OF THE ARMY PERMIT

PROGRAMMATIC GENERAL PERMIT

SAJ-99

AQUACULTURE ACTIVITIES IN THE STATE OF FLORIDA

I. Permittee: Recipient of a verification of a Programmatic General Permit (PGP) SAJ- 99 from the Florida Department of Agriculture and Consumer Services (FDACS).

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.

II. Effective Date: January 11, 2024

III. Expiration Date: January 11, 2029

IV. Permit Number: SAJ-2007-03138

V. Issuing Office: Upon recommendation from the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403) and Section 404 of the Clean Water Act (33 U.S.C. § 1344), general authority is hereby given to the Florida Department of Agriculture and Consumer Services (FDACS), to administer this PGP.

VI. Work Authorized: This PGP authorizes the following:

1. Live Rock Aquaculture

a. Deposition of materials for live rock aquaculture.

2. Shellfish Aquaculture:

a. Discharges of dredged or fill material (e.g., shell hash, bags seeded with clams, rock) necessary for shellfish aquaculture, such as seeding, rearing, cultivating, relaying, transplanting, and harvesting activities.

b. Suspended and off-bottom bivalve shellfish culture methods (floating basket, suspended basket and longline, and off-bottom basket) including sinking and/or removal of these aquacultural structures to avert destruction and/or impact to aquatic resources resulting from storms or other natural disasters.

PERMIT NUMBER: SAJ-2007-03138

c. Suspended longline culture methods with lantern and pearl nets for scallops.

d. Deposition and raking of cultch materials for restoration of shellfish leases.

e. Deposition and raking of cultch materials by FDACS or their designee for restoration of shellfish (also known as oyster planting) in non-lease areas.

3. Seaweed Aquaculture

a. Production and harvest of native plants and macroalgae using existing (i.e., already authorized) bivalve shellfish aquaculture gear (floating basket, suspended basket and longline, and off-bottom basket).

b. Production and harvest of native plants and macroalgae with the use of suspended longlines.

4. Ancillary Structures: The deployment and maintenance of lines, anchors, marking buoys and other equipment associated with aquaculture activities and work such as seeding, transporting and harvesting cultured products.

VII. Geographic Area:

1. Authorized area: All navigable waters of the United States located within the State of Florida, unless otherwise an excluded area listed below. Limits of navigable waters:

These navigable waters are limited to the area between approximately 3 marine leagues (approximately 9 nautical miles) offshore and the mean high water line on shore on the Gulf coast, and the area between approximately 3 geographical miles offshore and mean high water line on shore on the Atlantic coast.

Excluded Areas:

2. Federal Projects:

a. Federal channels: No structure, or work, authorized under this programmatic general permit shall be closer than 100 feet from the near design edge of the federal channel. The setback may vary between different Federal channels and between specific reaches of the same Federal channel. Exact locations of the proposed structures relative to the channel may need to be verified by use of the XY State Plane Coordinates.

b. All other Federal projects: No work is authorized that modifies, alters, or is built upon or adjacent to a Federal project.

3. Restrictions in Critical Habitat Areas: Aquaculture activities and shellfish restoration activities are limited in critical habitat designated for the recovery of species protected under the Endangered Species Act as described below:

a. Coral critical habitat: Leases are allowed in the geographic limit of critical habitat. However, all gear or deposition of materials associated with aquaculture or shellfish restoration must maintain a minimum setback of 50 feet from all coral critical habitat essential features and physical and biological features (PBF) essential to the conservation of the species. In addition, they must meet the criteria in the Protecting Corals and Proper Materials Placement special conditions. A current map of critical habitat can be found at http://sero.nmfs.noaa.gov/maps_gis_data/protected_resources/critical_habitat/index.ht ml . A list of essential features and PBF essential to the conservation of the species can be found in the Federal Register notices for each critical habitat at https://www.fisheries.noaa.gov/southeast/consultations/southeast-region .

b. Gulf sturgeon critical habitat: Within the boundaries of Gulf sturgeon designated critical habitat, cultch materials for FDACS shellfish restoration shall only be allowed to be deposited on existing shell substrata. Additionally, the off-bottom rack methodology for shellfish aquaculture is prohibited within Gulf sturgeon designated critical habitat, but the floating basket, suspended basket, or suspended longline (e.g., lantern and pearl nets) methodologies are allowed for shellfish and native macroalgae aquaculture. A current map of critical habitat can be found at https://www.fisheries.noaa.gov/action/critical-habitat-gulf-sturgeon .

c. Loggerhead critical habitat: New Aquaculture Use Zones (AUZs) or leases are allowed within loggerhead critical habitat, provided all aquaculture gear is oriented perpendicular to the nesting beach to reduce effects on hatchling egress to the open water and the transit of nesting females to and from the beach. Additionally, the linear footage of the part of the floating or suspended aquaculture gear that is parallel to the beach may not be more than 10% of the linear footage of the critical habitat unit’s nesting beach. A current map of critical habitat can be found at https://www.fisheries.noaa.gov/action/critical-habitat-loggerhead-sea-turtle .

d. North Atlantic right whale critical habitat: No AUZs or leases exist in North Atlantic right whale critical habitat and no new AUZs or leases are allowed within North Atlantic right whale critical habitat. A current map of critical habitat can be found at https://www.fisheries.noaa.gov/action/critical-habitat-north-atlantic-right-whales .

e. Smalltooth sawfish critical habitat: Within the boundaries of smalltooth sawfish critical habitat, leases and shellfish restoration activities will be located away from any http://sero.nmfs.noaa.gov/maps_gis_data/protected_resources/critical_habitat/index.html http://sero.nmfs.noaa.gov/maps_gis_data/protected_resources/critical_habitat/index.html https://www.fisheries.noaa.gov/southeast/consultations/southeast-region https://www.fisheries.noaa.gov/action/critical-habitat-gulf-sturgeon https://www.fisheries.noaa.gov/action/critical-habitat-loggerhead-sea-turtle https://www.fisheries.noaa.gov/action/critical-habitat-north-atlantic-right-whales red mangroves, and in waters deeper than 36 inches at mean lower low water (MLLW), so as to avoid any impacts to the essential features (i.e., shallow, euryhaline waters and red mangroves) of smalltooth sawfish critical habitat. A current map of critical habitat can be found at https://www.fisheries.noaa.gov/resource/map/smalltooth-sawfish-critical-habitat-map-and-gis-data .

f. Atlantic sturgeon critical habitat: No AUZs or leases exist in Atlantic sturgeon critical habitat and no new AUZs, leases, or shellfish restoration activities are allowed within Atlantic sturgeon critical habitat. A current map of critical habitat can be found at https://www.fisheries.noaa.gov/action/critical-habitat-designation-atlantic-sturgeon .

4. Restricted Areas: Authorization under this PGP is restricted within the boundaries of the following managed areas:

a. Florida State Parks: All Florida State parks

b. Aquatic Preserves: All State of Florida Aquatic Preserves

c. National Marine Sanctuaries: Florida Keys National Marine Sanctuary (FKNMS).

Only live rock aquaculture is allowed within the FKNMS. All other activities in SAJ-99 (shellfish aquaculture, seaweed aquaculture, and ancillary structures) are prohibited within the boundaries of the FKNMS.

d. National Estuarine Research Reserves: All National Estuarine Research Reserves

Requests for authorization under this PGP in the above areas requires FDACS to coordinate with the authorities responsible for their management. The authorities must be offered an opportunity to comment on the initial, and subsequent requests for lease renewal, when there are changes to the initial lease and/or in water work, in their respective areas of responsibility. Lease renewals will not be coordinated unless there would be a change in use, including new structures, which would require approval by the Board of Trustees of Internal Improvement Trust Fund prior to authorization. All comments received from the above authorities shall be included in the FDACS permit file.

VIII. Procedures: Prior to verification, FDACS will review the application and complete the following terms.

1. Manatee: Prior to verification of authorization, the dichotomous key titled, "The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013," (see http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) will be used to https://www.fisheries.noaa.gov/resource/map/smalltooth-sawfish-critical-habitat-map-and-gis-data https://www.fisheries.noaa.gov/resource/map/smalltooth-sawfish-critical-habitat-map-and-gis-data https://www.fisheries.noaa.gov/action/critical-habitat-designation-atlantic-sturgeon http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx) determine potential manatee impacts. Those determined to be a "may affect" or “may affect, not likely to adversely affect, further consultation IS required” will not be authorized by the PGP SAJ-99. Note: The manatee key may be subject to revision at any time. It is our intention that the most recent version of this technical tool will be utilized during the evaluation of the permit application.

2. Permit Compliance: Prior to authorizing any new lease area or aquaculture activity (i.e., not currently being conducted on sovereignty submerged lands (SSL) in an approved lease and authorized under PGP SAJ-99), FDACS will certify compliance with the special conditions of SAJ-99 for each individual aquaculture lease. Prior to conducting any new shellfish restoration activities in navigable waters, outside of an aquaculture lease site, FDACS will certify compliance with the special conditions of SAJ-99 for each individual site. FDACS will submit certifications along with the resource reports for each individual aquaculture lease or shellfish restoration site to the Corps and to National Fisheries Service (NMFS) Protected Resources Division (PRD), Southeast Regional Office, via email at the addresses listed in the Reporting Address special condition. Additionally, for all projects located within the boundaries of FKNMS, FDACS will provide reports to the address listed in the Reporting Address special condition, below. In addition to, or as part of, the information reports and assessments required by the Best Management Practices (BMPs) and the Site Assessment Report special condition, the resource report shall provide the following information as columns in a spreadsheet format:

a. Date Corps and NMFS notified of certification by FDACS.

b. FDACS Lease Number.

c. Lease Holder Name, Address, and County Information.

d. Latitude and Longitude (in decimal degrees to 5 places).

e. Critical Habitat Unit: This shall be provided in the following abbreviation style with no spaces or hyphens, as shown in the examples. This allows for accurate sorting in Excel. Projects occurring in critical habitat and proposed critical habitat are only authorized if they do not impact the essential features of said critical habitat.

Species Critical Habitat Abbreviation

Loggerhead sea turtle LHSTCH Smalltooth sawfish critical habitat Charlotte Harbor Estuary Unit

STSFCHCHEU

Species Critical Habitat Abbreviation

Smalltooth sawfish critical habitat Ten Thousand Islands/Everglades Unit

STSFCHTTIU

Atlantic sturgeon N/A Gulf sturgeon critical habitat, unit # 9-14 GSCHUnit# Elkhorn and Staghorn coral ACH Boulder star coral (Orbicella franksi) OFRA1 Mountainous star coral (Orbicella faveolata) OFAV1 Lobed star coral (Orbicella annularis) OANN1 Rough cactus coral (Mycetophyllia ferox) MFER1 Pillar coral (Dendrogyra cylindrus) DCYL1 Not applicable because the project is not located within a critical habitat unit

N/A

f. Whether any of the essential features of critical habitat are located within or adjacent to the approved lease site. If yes, list the essential features present.

g. Acreage and types of activities/facilities authorized under PGP SAJ-99.

h. Description of any resources present within and adjacent to the approved lease site.

i. All Project Design Criteria (PDC) in NMFS Section 7 Concurrence Letter Met: Are all the applicable PDCs defined in this document being met by the proposed project?

Answer "yes" or "no."

The Corps and the NMFS Protected Resources Division will receive a copy of the resource report via email (See special condition 1) and will have the opportunity to assess the individual proposed project's compliance with the special conditions, and to ensure that additive effects of aquaculture activities permitted under PGP SAJ-99 do not result in adverse effects to protected species. NMFS Protected Resources will have the opportunity to review the resource report for each individual activity proposed to be authorized under PGP SAJ-99 to ensure consistency with the PDCs of the Section 7 Endangered Species Act consultation for SAJ-99. If NMFS Protected Resources does not concur with FDACS or the Corps’ certification of compliance and consistency with this programmatic consultation, including the terms and requirements of PGP SAJ-99, they will notify FDACS and the Corps via email that the individual activity proposed will require further review and consultation under Section 7 of the Endangered Species Act (ESA). If no notice is given by NMFS Protected Resources after 30 days, compliance is implied.

3. Superseding Process for Review and Inclusion of Substantially Similar Projects or Projects with Substantially Similar Effects: If authorization of a new lease(s) would exceed the 150 acres per Shellfish Harvesting Area (SHA) threshold but results in no more than 200 acres per SHA, and the activities are substantially similar to other activities in the same SHA, FDACS will have the ability to engage in the superseding process with the Corps and NMFS. In those instances, the Corps or FDACS must determine whether the effects of adding the lease(s) above the 150-acre threshold on ESA-listed species or designated critical habitat are substantially similar to the effects considered under the most recent consultation for PGP SAJ-99. If the Corps or FDACS makes that preliminary determination, it must provide that rationale to NMFS in writing via email and request permission to rely on the most recent consultation to satisfy its ESA Section 7 consultation obligations. If NMFS determines that the effect of adding the new lease(s) is substantially similar to the effects discussed and found in the most recent consultation for PGP SAJ-99, then NMFS may approve the additional lease(s), on that case-specific basis alone.

The Corps and the NMFS Protected Resources Division will receive a copy of the new lease application(s) via email listed in the Reporting Address special condition and will have the opportunity to assess compliance with all relevant PDCs, and to ensure that additive effects of aquaculture activities permitted under PGP SAJ-99 do not result in adverse effects to protected species. If NMFS Protected Resources does not concur with the FDACS’ or the Corps’ determination of consistency with this programmatic consultation, including the terms and requirements of PGP SAJ-99, they will notify FDACS and the Corps via email that the individual activity proposed will require further review and consultation under Section 7 of the ESA. FDACS must await written approval from NMFS before authorizing the new lease(s) exceeding the acreage threshold. If no notice is given by NMFS after 30 days, compliance is implied.

IX. General Conditions:

1. The time limit for completing the work authorized ends on January 11, 2029.

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 mailing address of the new owner in the space provided in Attachment D and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit.

6. 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.

X. Special Conditions: Due to the variety of work authorized, the special conditions are separated into a section of conditions that applies to all activities, a section that applies to shellfish and macroalgae aquaculture, and a section that applies to live rock aquaculture only.

Special Conditions for All Activities:

1. Reporting Address: All electronic mail transmittals (not to exceed 15 MB) required in the following permit conditions shall be sent to the following addresses, unless otherwise noted in the permit conditions:

a. NMFS PRD: joseph.shields@noaa.gov; lindsey.feldman@noaa.gov;

joe.heublein@noaa.gov; and jessica.powell@noaa.gov

b. Corps: SAJ-99@usace.army.mil and SAJ-RD-Enforcement@usace.army.mil

c. FKNMS: New applications for live Rock aquaculture activities within the Florida

Keys National Marine Sanctuary shall also be reported to FKNMS:

FKNMSpermits@noaa.gov; stephen.werndli@noaa.gov

2. Assurance of Navigation: 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 mailto:SAJ-RD-Enforcement@usace.army.mil 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.

3. Consent to Easement: Authorized work that is located within the Federal right-of-way may require a Department of the Army Consent to Easement. Prior to commencement of construction, the Permittee shall provide a copy of the Corps’ approved Consent to Easement to the address identified in the Reporting Address special condition. The Real Estate Division is responsible for issuing the Consent to Easement. For questions or to request a Consent to Easement, please contact Real Estate Division at SAJ-RE-Consent@usace.army.mil or Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-570-4515.

4. 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.

c. 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.

5. Upland or Barge Construction Platform: Project construction will take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited.

6. State Parks: The Permittee must obtain approval from the appropriate state park for projects located within the geographical boundaries or in-holdings of the John Pennekamp Coral Reef State Park, Lignumvitae Key Botanical State Park and Aquatic Preserve, Long Key State Park, Curry Hammock State Park, and Bahia Honda State Park prior to commencing the work verified under this PGP.

7. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment A). The most recent version of the Manatee Conditions must be utilized. Note: The manatee conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.

8. State-listed Fish or Wildlife Species: This authorization does not include conditions that would prevent the 'take' of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A- 27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern, threatened, or endangered by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC) through ConservationPlanningServices@MyFWC.com. For a list of those fish and wildlife species designated as species of special concern, threatened, or endangered, visit: https://myfwc.com/media/1945/threatened-endangered-species.pdf.

9. Activities Not Authorized: SAJ-99 does not authorize the placement of materials for the construction and/or renourishment of artificial reefs, excluding live rock aquaculture approved as a part of this permit, the construction of impoundments and/or semi-impoundments of waters of the United States, or structures such as, but not limited to aquaculture docks, circulating systems including inflow and outfall structures, platforms, etc. Furthermore, this permit does not authorize the deployment of offshore and/or nearshore cages for the culture or holding of finfish species or the placement of materials for lobster harvesting (such as lobster casitas).

10. Aquaculture Certificate of Registration: Individuals conducting aquaculture must possess a valid Aquaculture Certificate of Registration issued pursuant to Section 597.004, F.S., and be compliant with Rule 5L-3 Florida Administrative Code (F.A.C.), including the currently adopted version of Florida’s Aquaculture Best Management Practices Manual (BMPs) (Attachment B).

11. Lease Requirement: Individuals conducting aquaculture on sovereignty submerged lands (SSL) must have a current lease issued by Florida’s Board of Trustees of the Internal Improvement Trust Fund and not be in violation of its terms and conditions.

12. Site Assessment Report: As part of the approval process for a new lease site, a site assessment report will be completed. A site assessment report will also be completed for proposed shellfish restoration by FDACS or their designee. The report may include, but is not limited to, videotapes of underwater surveys, photographs of underwater surveys, and/or written reports of site assessments, shall be compiled and prepared by FDACS and shall demonstrate that the proposed site:

a. Is not a hazard to safe navigation or a hindrance to vessel traffic;

b. Avoids traditional fishing operations, or other public access;

c. Avoids impacts to naturally occurring hard bottom habitat and submerged aquatic vegetation (SAV) and mangrove (minimum 50-foot setback from the preceding);

d. Avoids impacts to other aquaculture activities;

e. Contains natural underlying substrata that is primarily hard packed sand, hard shell hash, or soft sediment; and

f. Avoids river mouths, ocean passes/cuts, and navigation channels.

13. Site Coordinates: The applicant's lease application with the State of Florida and FDACS shellfish restoration site assessment report, shall identify the site on a nautical chart in sufficient detail to allow for site assessment and shall provide accurate latitude and longitude coordinates so that the site can be located by Differential Global Positioning System (GPS) equipment.

14. Inspection: Sites shall be inspected by the FDACS to confirm compliance with the special conditions in this permit.

15. Securing Material: Materials deposited or used on the aquaculture site must be approved by the FDACS. Materials for marine aquaculture activities must be deployed so as to remain in place during storm events and not damage adjacent SAV or natural hard bottom communities.

16. Clean Materials: All materials used in aquaculture operations must be nontoxic and be free of contaminants and non-indigenous flora and/or fauna.

17. Protected Species Construction Conditions: The Permittee shall comply with the attached National Marine Fisheries Service’s “Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office” dated May 2021 (Attachment C). Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.

18. Compliance with National Marine Fisheries Service (NMFS) Project Design Criteria (PDC): The Corps has consulted on this PGP with the NMFS on listed species and any designated critical habitat. If an individual proposed activity does not conform to the PDCs and other requirements outlined in the NMFS concurrence letter for PGP SAJ-99 concerning listed species or critical habitat, the application shall be referred to the Corps to initiate separate consultation pursuant to Section 7 of the ESA. Until Section 7 consultation is concluded, the proposed activity cannot be authorized under this PGP. The PDCs from the NMFS concurrence letter (Attachment D) are included in, and made part of, the permit conditions for this PGP.

19. Protecting Wetlands, Corals, Submerged Aquatic Vegetation, and Essential Fish Habitat: No work shall be authorized under this PGP that may adversely impact wetlands, hard or soft corals, including the following listed coral species: elkhorn (Acropora palmata), staghorn (Acropora cervicornis), pillar (Dendrogyra cylindrus), rough cactus (Mycetophyllia ferox), lobed star (Orbicella annularis), mountainous star (O. faveolata), and boulder star (O. franksi) corals, estuarine emergent vegetation, marine emergent vegetation, or mangrove. Additionally, a project shall not be authorized under this PGP that may adversely impact the following species of submerged aquatic vegetation (SAV): shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmannii), sago pondweed

(Potamogeton pectinatus), clasping-leaved pondweed (Potamogeton perfoliatus), widgeon grass (Ruppia maritima), manatee grass (Syringodium filiforme), turtle grass (Thalassia testudinum), tape grass (Vallisneria americana), Johnson’s seagrass (Halophila johnsonii) , horned pondweed (Zannichellia palustris), and eelgrass (Zostera marina). In addition, the project cannot have adverse direct or indirect impacts on any other essential fish habitat identified under the Magnuson-Stevens Fishery Conservation and Management Act.

20. Abandoned Structures/Materials: If, following relinquishment of a lease, and if the material is abandoned, then it would no longer meet the intent of the PGP and a separate permit application must be submitted to the Corps of Engineers. However, if following relinquishment of a lease, the permittee wishes to remove the structures, and there are no permanent structural component or navigational concerns associated with the removal, then no Department of Army permit would be required. In State waters, if removal would result in the discharge of dredged or fill material, then a separate permit application would need to be submitted to the Corps of Engineers.

21. Storm Preparedness: All aquaculture gear must be thoroughly inspected prior to a severe storm event, and components of the production system that can be, shall be removed, or lowered in the water, to prevent potential impacts to adjacent aquatic resources in the area should any lines or other components become loose during severe weather conditions. Facility plans submitted as part of a lease application for longline macroalgae production arrays must include a plan to prepare gear for and recover gear after severe weather (e.g., tropical storms and hurricanes). Leaseholders shall recover any displaced gear after severe weather to the extent practicable. Mooring and anchor systems, buoys, lines and other rigging gear must be inspected as soon as practicable following a tropical storm or hurricane and either repaired or replaced as soon as possible. Replacement or repair must maintain structural integrity of the system. Lost or displaced aquaculture gear shall be reported to FDACS as soon as discovered following a severe weather event at: 850-617-7600;

Aquaculture_Web@FDACS.gov. FDACS will immediately report any lost or displaced gear to NMFS at: Phone: (727) 824-5312 or Email:

nmfs.ser.esa.consultations@noaa.gov

22. Gear Removal: All aquaculture gear and products must be removed by the applicant from the water within 60 days following termination of the lease. Macroalgae and scallop production gear that is not actively in use for production or harvest but is still on an active lease (for example, to conduct maintenance or repairs after a storm event) must still be monitored biweekly for interactions with listed species as outlined in this document, weather conditions permitting. Macroalgae longline gear that is not actively monitored, maintained or used for production or harvest for 60 consecutive days will be considered not in use and must be removed from the lease site.

23. Daytime Work Only: All in-water work must be conducted between sunrise and sunset.

24. Vessel Strike Avoidance Measures: The permittee shall follow the attached "Vessel Strike Avoidance Measures", May 2021 (Attachment E). Note: These conditions may be subject to revision at any time. It is our intention that the most recent version of these conditions will be utilized during the evaluation of the permit application.

25. Prohibited Areas (sea turtle): Leases for macroalgae aquaculture production systems using a longline array (excluding the production of seaweed in authorized bivalve shellfish gear) must be located at least one nautical mile offshore, measured from the mean lower low water (MLLW) line, of all sea turtle nesting beaches to allow for adequate hatchling dispersal and predation avoidance. The nesting beaches that apply in this special condition are defined as shown in the map at https://myfwc.com/research/wildlife/sea-turtles/nesting/nesting-atlas/.

26. Prohibited Areas (giant manta ray): Leases for macroalgae aquaculture production systems using a longline array are prohibited in giant manta ray nursery habitat, which extends along the East Coast of Florida from the southern boundary of Biscayne Bay/Barns Sound to the Canaveral National Seashore/Ponce Inlet; from the mean low water (MLW) to the Exclusive Economic Zone (EEZ) boundary. Although the limits of the giant manta ray habitat extend to the EEZ boundary, the authority of this PGP extends only to the limits of State waters. For the purposes of SAJ-99 the mean low water can be estimated using the coastline delineated in the National Hydrography Dataset.

27. Discretionary Authority: Conformance with the descriptions and criteria contained herein does not necessarily guarantee authorization under this programmatic general permit. The District Engineer reserves the right to require that any request for authorization under this programmatic general permit be processed as a standard permit.

28. Water Quality Certification and Coastal Zone Consistency Concurrence:

Prior to construction, activities qualifying for this programmatic general permit (PGP) must be authorized by the applicable permit or exemption under part IV of chapter 373, F.S. and by any authorization required to use or occupy state-owned submerged lands (SSL) under chapter 253, F.S., and, as applicable, chapter 258, F.S.

29. Expiration: This programmatic general permit will be valid for a period of five years from the date specified above unless suspended or revoked by the District

Engineer prior to that date. If SAJ- 99 expires or is revoked prior to completion of the authorized work, authorization of activities that have commenced or are under contract to commence in reliance on SAJ-99 will remain in effect provided the activity is completed within 12 months of the date SAJ-99 expired or was revoked.

Shellfish and Macroalgae Aquaculture Special Conditions:

30. Harvesting Methods: Harvest of aquacultured species shall be in accordance with Chapter 597, F.S., and the BMPs adopted therein. No drilling or blasting is authorized under this general permit.

31. Gear Identification: All floating and suspended macroalgae and scallop gear production lines (excluding anchor and mooring lines) and buoys shall be clearly marked and maintained per the terms of the lease agreement and current aquaculture BMPs. Markings must contain producer information and be firmly attached and replaced as necessary to remain clearly visible throughout the life of the permit.

32. Posting Lease Boundaries: For all shellfish and macroalgae aquaculture leases, the Lessee shall, within 90 days from the date of execution of a lease, properly post the lease boundaries to delineate the corners and perimeters of the lease. For water column (floating or suspended baskets) leases, marking must comply with the requirements of a U.S. Coast Guard Private Aids to Navigation permit. Bottom leases must be marked pursuant to the State of Florida submerged land lease agreement. All markers shall be compliant with U.S. Coast Guard regulations to warn boaters passing in the vicinity of the lease of the potential hazards to navigation. This PGP includes approval from the Corps, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (U.S.C. 403), for pilings and similar structures used to support navigation markers.

Separate authorization for Aids to Navigation may be required from the U.S. Coast Guard.

33. Density Limits:

a. Inside a SHA: For any new leases approved under PGP SAJ-99 (not including leases already authorized by the FDACS prior to the approval of this permit), the total lease acreage shall not exceed 150 acres per shellfish harvesting area (SHA), with deference to FDACS to determine how to partition lease parcels within the SHA.

b. Outside of a SHA: Macroalgae arrays outside of SHAs will be limited to 750 acres statewide, where total lease acreage shall not exceed 25 acres per AUZ or contiguous block of leases not otherwise designated as an AUZ (excluding required easements), with deference to FDACS to determine how to partition lease parcels within the AUZ. A 3 km buffer distance is required between such AUZs or lease blocks outside of SHAs designated for macroalgae culture.

34. Gear Requirements: Gear authorized for macroalgae aquaculture production systems using a longline array and scallop production systems under this permit, must abide by the following requirements:

a. All lines used in the production system must have abrasion resistance, UV resistance and adequate tensile strength. Lines must also have non-looping properties.

b. All lines are to be kept at a minimum of 50 pounds of tension throughout deployment and subsequent usage, throughout the life of the line(s).

c. All gear should be aligned with tidal flow at operating depth in order to maintain tension throughout deployment.

d. All anchors shall be connected to mooring lines with a length of chain (e.g., open-link galvanized chain). Mooring lines must consist of non-looping high tensile strength multi-stranded sinking rope, such as nylon braid, or lines made of polypropylene or polyethylene.

e. Initial pretension should be established during the deployment process, where anchor placements are adjusted to achieve the desired tension.

f. Anchors, mooring lines and the grow-out array of macroalgae and scallop aquaculture production systems are to be additionally attached by rope to durable, semi-rigid surface and/or subsurface buoys to maintain tension, structure and placement of the production system.

g. For macroalgae aquaculture production systems using a longline array, a structural bridle, spreader bars, and/or orthogonal anchoring matrices with subsurface tensioning buoys can be employed to maintain proper tension and structure.

h. Macroalgae production system polypropylene lines of floating vertical line structures must be encased in a sheath to maintain rigidity (i.e. PVC, rubber).

Vertical single lines for macroalgae aquaculture must include a drag-embedment anchor, surface or mid-column subsurface buoy and taut non-looping sinking line with appropriate buoyancy and tensile strength.

i. All longline macroalgae production arrays must have a panel of small mesh webbing with a maximum 2-inch mesh size, attached to each bridle of the array to prevent ESA listed species, mammals and other protected species from being entangled in the apex of the bridle.

j. All grow-out lines used in macroalgae longline array systems must have a minimum of 0.75-meter (2.5 feet) spacing between the horizontal grow-out lines to reduce the risk of entanglement of ESA listed species, mammals and other protected species.

k. All scallop production systems must maintain a minimum of 1-meter spacing in all directions between scallop lantern or pearl nets to prevent entanglement of protected species.

l. For horizontal arrays for macroalgae and scallop production, there can be no more than 6 horizontal grow-out lines attached to a single anchor/mooring complex in any one system. Horizontal lines in macroalgae arrays can be a maximum of 100 meters (328 feet) in length.

35. Lease Monitoring: All macroalgae and scallop aquaculture gear, including buoys and lines, shall be routinely inspected and maintained in proper structural order and function as required under the lease terms and BMPs. Routine inspection shall ensure that proper tension of lines is maintained. Any noticeable difference in surface buoy or line placement, gaps in lines, or movement of vertical lines shall prompt an investigation into tension of the line. Any adjustments to buoys or line tension shall be made the same day. A thorough review of the entire array, including all mooring, buoy and rigging systems, shall be made once per month.

36. Listed Species Monitoring: Lease sites with suspended macroalgae longline array systems shall be visited at a minimum of once per week from December 1 to March 31, and twice per week from April 1 to November 30, weather conditions permitting, to monitor for interactions with listed species. Site visits shall include both above water and underwater surveys. All entanglements of listed species shall be recorded and reported immediately to the appropriate hotlines indicated below. Faulty gear that led to entanglement must be either removed or repaired immediately and all other aquaculture gear must be checked thoroughly and repaired. Interactions or entanglements of the aquaculture gear with listed species, other than manatee, shall be immediately reported to NMFS and FDACS using the contact information below (a and c). Interactions or entanglements of the aquaculture gear with manatee (manatee only) shall be immediately reported or to the U.S. Fish and Wildlife Service (USFWS) , Florida Fish and Wildlife Conservation Commission (FWC), and FDACS using the contact information below (b and c).

a. NMFS listed species entanglement (all except manatee): The leaseholder shall document, photograph and attempt to disentangle wildlife and remove the entangling gear material, if possible. The entanglement shall be immediately reported to the appropriate NMFS hotline.

NMFS Entanglement and Stranding Hotline Information:

• Bottlenose dolphins and sea turtles: 1-877-WHALE-HELP (877-942-5343)

• Smalltooth sawfish: 1-844-4SAWFISH (844-472-9347)

• Giant manta ray: 727-824-5312

b. Manatee Entanglement (USFWS listed species): For manatee entanglement, record and immediately report to both the USFWS and FWC .

• USFWS Florida Ecological Service email inbox FW4FLESRegs@fws.gov within 24 hours of an entanglement issue (email address is case specific)

• Florida Fish & Wildlife Conservation Commission (FWC) Wildlife Alert

Hotline. No attempts to disentangle manatees should occur before the FWC hotline has been notified.

• FWC Wildlife Alert Hotline 888-404-FWCC (888-404-3922)

c. FDACS Contact Information:

• Phone: 850-617-7600

• Email: Aquaculture_Web@FDACS.gov

Live Rock Aquaculture Special Conditions

37. Harvesting Methods: Harvest of live rock shall be in accordance with Chapter 597, F.S., and the BMPs adopted therein. In addition, Harvest of aquacultured live rock shall be by hand only; no mechanical dredging, drilling, blasting, etc. is authorized under this general permit.

38. Lease Site Size Limitation: For the deposition of culture material for live rock aquaculture only, each lease site shall be limited to one acre of submerged lands leased by the State of Florida.

39. Protecting Corals: Each live rock must be visually inspected for the presence of listed coral species prior to harvesting and no rock may be harvested if any listed coral species have attached. FDACS will provide educational materials about listed coral species to aquaculture live rock producers, to aid in the identification of any listed coral species that may settle onto aquacultured live rock. Contact NOAA Fisheries; Southeast Regional Office; Protected Resources Division at 727-824-5312 if listed corals are present on live rock, to coordinate appropriate disposition.

40. Distinguishable Materials: All materials placed on the site must be in accordance with the State lease and the FDACS BMPs, which include a requirement that rocks deposited on the aquaculture site are geologically or otherwise distinguishable from the naturally occurring substrata. Disposition of materials outside of a state lease or in violation of the FDACS BMPs is prohibited without a separate permit from the Department of the Army.

41. Proper Material Placement: All materials for live rock aquaculture must be placed on the site by hand or lowered completely to the bottom by crane. Deposited materials shall not be allowed to free fall to the bottom, and all deposition shall occur while the vessel is at anchor. Rocks may not be placed over naturally occurring reef outcrops, limestone ledges, coral reefs, or vegetated areas. A minimum setback of 50 feet must be maintained from naturally vegetated or hard bottom habitats. The live rock aquaculture operation may not occupy more than 25% of the depth of the water column relative to Mean Low Water. The permittee shall be required to submit "as-built" (post-activity) reports to the FDACS. The reports shall depict the project site subsequent to each deposition activity. The actual configurations and locations of the deposited materials and the distance from existing naturally occurring hard bottom habitat and SAV shall be clearly depicted.

42. Design Specification Submittal: Prior to each approved rock deposition, the permittee shall provide the FDACS design specifications for approval. Design specifications shall include placement configuration, density, quantity and dimensions (height, etc.) of the rock pile. Permittees may not use any other configuration or materials, other than approved rock, without FDACS approval.

XI. 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)

(X) 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)

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 3 above).

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

6. 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.