Exhibit_5_-_Federal_Regulations_-_North_Atlantic_Right_Whales.pdf
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- Attached to
- Bing's Landing Boat Ramp Maintenance Dredging
- Solicitation number
- 26-ITB-001
- Issued by
- Volusia County, Florida
About this file
This is a federal regulatory document issued by the National Oceanic and Atmospheric Administration (NOAA) providing guidance on compliance with federal protections for North Atlantic Right Whales in connection with a dredging project at Bing's Landing Boat Ramp in Flagler County, Florida. The document establishes the legal framework contractors must follow when conducting maritime operations near protected whale populations. The primary requirement prohibits vessels from approaching within 500 yards of right whales, a distance equivalent to approximately five football fields. Any vessel operating in the project area must implement mandatory right whale avoidance measures, including immediate course alteration and slow-speed departure procedures if a whale is encountered. The regulation applies to all vessel operations associated with the maintenance dredging work at the boat ramp facility located at 5900 N Ocean Shore Boulevard, Palm Coast, Florida.
The document references 50 CFR 224.103(c) as the governing federal statute and permits exceptions only in cases where compliance would create imminent and serious threats to persons or vessels. Contractors bidding on the Bing's Landing maintenance dredging project must acknowledge and comply with these federal marine mammal protection requirements as a condition of contract performance. Additional regulatory updates and guidance are available through NOAA's National Marine Fisheries Service and the Electronic Code of Federal Regulations. This compliance requirement represents a material operational constraint that bidders must factor into their project planning, cost estimates, and scheduling for any dredging activities in the designated coastal area.
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Text version
North Atlantic Right Whale Information Form Federal Regulations Governing the Approach to North Atlantic Right Whales
1. Federal regulations governing the approach to North Atlantic right whales can be found at 50 CFR 224.103(c). It is illegal to approach and remain within 500 yards of right whales;
500 yards is equal to the distance of 5 football fields.
Prohibitions on approaching right whales are as follows (Excerpts from 50 CFR 224.103(c), available at www.ecfr.gov): Unless otherwise lawfully allowed or unless doing so would create an imminent and serious threat to a person or vessel, it is unlawful to:
(i) Approach (including by interception) within 500 yards (460 m) of a right whale by vessel
(ii) Fail to undertake required right whale avoidance measures. If underway, a vessel must steer a course away from the right whale and immediately leave the area at a slow safe speed.
2. Updates can be downloaded from:
a. http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/rightwhale_northatlantic.htm, or
b. www.ecfr.gov
File details come from the government source that posted it. Updated .