Exhibit_E,_Manatee_and_Sea_Turtle_Construction_Conditions,_26-B-78JS.pdf
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- Attached to
- Rivershore - Oceanshore Fishing Dock Replacement
- Solicitation number
- 26-B-78JS
- Issued by
- Volusia County, Orlando City, Florida
About this file
This file contains standard environmental protection conditions issued by the Florida Fish and Wildlife Conservation Commission and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service for in-water construction work affecting protected marine species in Florida waters. The document establishes mandatory compliance requirements for all personnel and vessel operators engaged in construction activities in marine environments, specifically addressing manatee protection and sea turtle and smalltooth sawfish conservation standards. These conditions apply to the Volusia County Rivershore-Oceanshore Fishing Dock Replacement project at 1652 John Anderson Drive in Ormond Beach, Florida, which involves reconstructing an existing timber dock structure damaged during the 2017 hurricane season.
The conditions require comprehensive worker education regarding marine mammal and protected species identification, collision avoidance protocols, and legal penalties under the Marine Mammal Protection Act, Endangered Species Act, and Florida Manatee Sanctuary Act. All construction vessels must operate at idle speed/no wake while in the immediate work area and in shallow water with less than four-foot clearance from the bottom, with preference given to deep-water routes whenever possible. Siltation and turbidity barriers must be constructed from materials preventing entanglement and must be regularly monitored without impeding species movement. Construction operations must cease immediately if manatees approach within 50 feet or sea turtles and smalltooth sawfish come within 100 yards of active work, with operations remaining suspended until the species departs voluntarily or 30 minutes elapse without reappearance. Any collisions or injuries must be reported immediately to the Florida Fish and Wildlife Conservation Commission Hotline and appropriate federal agencies. Temporary warning signage must be posted and removed upon project completion, with all signs requiring Florida Fish and Wildlife Conservation Commission pre-approval.
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Text version
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.
26-B-78JS C-2078
mailto:ImperiledSpecies@myFWC.com http://www.myfwc.com/wildlifehabitats/managed/manatee/
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water-related activities for the presence of these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service’s
Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at “no wake/idle” speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service’s Protected Resources Division (727-824-
5312) and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
26-B-78JS C-2078
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