Tab N Cooperative Agreements and Permits.pdf

45 SW INRMP

Tab N, Cooperative Agreements, Permits and Biological Opinions

This Tab contains copies of natural resource & conservation cooperative agreements, permits and biological opinions.

Biological Opinions: The 45 SW has several active Biological Opinions (BOs) which stipulate conservation measures and requirements to mitigate potential adverse effects on a threatened or endangered species. Active Biological Opinions are listed in Appendix 1. Copies of the active BOs are found in Appendix 2. Copies of BOs for some projects that involve natural resource impacts are found in Appendix 3. Finally an important BO for 45 SW light management is found in Appendix 4 for reference; this BO has been superseded by a more recent BO found in Appendix 2.

Permits: Permits are issued to the 45 SW to allow certain activities regarding natural resources. Permits may be issued by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service. Current permits issued to the 45 SW include a gopher tortoise permit, a bird depredation permit, a marine turtle permit and a southeastern beach mouse permit. These permits are found in Appendix 5.

Cooperative Agreements: Cooperative agreements may be initiated to execute natural resources projects such as monitoring or habitat improvements.

(i.e. agreements with the Nature Conservancy, universities, etc.). The agreements may be at Wing level, Air Force level or DoD. A cooperative agreement is found in Appendix 6.

Other: Other agreements in the form of Memorandums of Understanding and Memorandums of Agreement are also included in this tab. 16 U.S.C 670c-1 authorizes the Air Force to enter into cooperative agreements with states, local governments, non-governmental organizations and individuals to provide for maintenance and improvement of natural resources. Sikes Act cooperative agreements are not subject to the Economy Act (31 U.S.C. 1535). The HQ AFSPC policy letter on execution of Sikes Act Cooperative Conservation and Economy Act Agreements is included in Appendix 7 along with copies of other agreements.

Appendix 1- List of Active Biological Opinions Appendix 2- Copies of Active Biological Opinions Appendix 3- Copies of Project Biological Opinions Appendix 4- Copy of an Inactive Biological Opinion Appendix 5- Copies of Permits Appendix 6- Copy of Cooperative Agreement Appendix 7- Copies of Other Agreements (MOA, MOU, etc.)

Appendix 1- List of Active Biological Opinions

Appendix 1, List of Active Biological Opinions

Title BO Log Num Take In Effect Date Terms/C T/C Details Conserv Recomm/ Remarks LMP for CX 36, CCAFS

4-1-90-035 Y IE (updated) 9-Feb-90 Y LPS shielded for 244 fixtures; screened/shaded 70 lights; 140 shielded; 10 eliminat; ops constraints; full time inspect; investig explos proof LPS to replace HPS; annual sea turtle surveys; support research for disorient; preserve hatchlings

Implement FWS approved LMP and monitor nesting beaches to assess effectiveness; take authorized hatchlings for 5 CC nests & 1 CM nest

FL Scrub Jay Manag Plan, CCAFS

4-1-91-023 N IE 25-Jan-91 N 20-yr plan in 5-yr increm; take not authorized for plan implem: req'd perm study sites for SJ & veg transects/plots evaluate effectiveness habitat restoration with fuel load reduction/SJ surveys/vegetative community restoration

LMPs 17, 40, 41, Port, Indust, VIB:

CCAFS

4-1-91-028 Y IE (updated) 9-Apr-91 Y LMPs must be implem; light survey/inspect req'd;

ops constraints from 1 May to 31 Oct from 9 pm and dawn; annual turtle surveys req'd; LMPs for remain facil; relocate affected CM nests; dune enhance/veg planting; LMPs for all new construct

50% reduct disorient each year w/ LMP implement; take for hatchlings from 75 CC nests and 2 CM nests at CCAFS and MINWR and 2 CC nests at PAFB (1992)/modified by David Wesley in letter 13 Nov 91 to take in terms of percentage of total nests: 4% nests CCAFS in 1992 reduced to 2% in 1993 with support h i 1992 f i lresearch in 1992 of visual screens

Growing Season Burns, CCAFS

4-1-95-237D Y IE 10-Apr-95 N Growing season burns coincide with SJ breeding season and take is anticipated for SJ eggs or nestlings which is short-term negative impact with long-term quality scrub improvement, goal to increase carrying capacity, no T/C or reason/prudent measures exist, reiniate consult if effect likely to jeopardize existence of species.

Programmatic Southeastern Beach Mouse Pest Control), CCAFS

02-617 Y IE 22-Aug-02 Y 45SW live trap SBM from facilities east of Pier, Lighthouse, ICBM, & N Phillips Pkwy. Facilities west of these roads, snap-traps may be used.

Monthly report identifying rodents trapped, method capture and facility location will be submitted to Service Jacksonville Field Office & FWCC Endang Spec Coord IF SMB are captured. Dead SBM should be frozen.

Take anticipated for 50 SBM within action area for period of one year, beginning on April 22, 2002. Take exceeded must reiniatiate consult immediately.

Programmatic Southeastern Beach Mouse (Routine Activities)(One Year), CCAFS

02-1286 Y IE 22-Aug-02 Y Maintain data base identifying each project for one year covered under this programmatic period; database should include type of work, location, acreage involved, habitat involved, number of SBM burrows in work area observed (not required for lawn mowing or scrub restoration). At one year (22 Aug 03), the 45 SW will meet with Service to review past activities and either revalidate or modify BO. Dead SMB should be frozen.

Take anticipated for SBM in each project on CCAFS that results in no permanent loss of occupied SBM habitat for a one-year period, beginning on 22 Aug 02.

Permit extended to 22 Aug 06 per FWS.

Presence/absence trapping authorized until Dec 08.

Scrub Treatment, Rotational (Clear Zone/FireBreak), JDMTA

4-1-03-PL-

N IE 21-Dec-04 Y Avoid clearing during SJ season; protect indigo snake using FWS Protection Measures; maintain 30-ft zone annually/semi-annually; maintain 70-ft zone as mosiac rotational to maintain SJ habitat;

keep Cladonia lichen on donor JDSP site.

NRO Eastern Processing Facility, CCAFS

05-1077 Y IE 1-Aug-05 Y Habitat occupied by scrub jays must be cleared outside nesting season; unauthorized take report to FWS; NRO to provide fundng for restoration of C6 within one year of beginning construction;

NRO to provide funding for 5-year study to determine effectives of various land management practices as a temporary too when burning cannot be implemented; contact FWS if dead beach mouse is found; implement indigo protection plan; submit monitoring report within 60 days of conclustion of clearing activity;

contact FWS if dead indigo is found

Incorporate beach mouse and indigo snake into 5-year study of scrub management techniques in C93; leave and use native vegetation in landscaping around retention areas and right of way to provide jay habitat;

place signs on fences explaining the importance of onsite and adjacent scrub areas for listed species;

45 SW Light Management, CCAFS & PAFB

4190-2006-F-

Y IE (updated) 23-Aug-06 Y CEV conduct light surveys and notify violators through facility managers ; preclude exterior light use between 9 PM & dawn from 1 May to 31 Oct unless mission essential; 10 lighting surveys at CCAFS & 5-6 at PAFB from 1 May to 31 Oct; LC 41 doors closed at night during nesting/hatching unless to support launch for brief periods; PAFB continue work with DOT and BCTE to minimize traffic light impacts; CCAFS explore options to manage LC 41 strobe lighting for lightning rods;

annual turtle monitoring for nesting and disorientation; light replacemnt should include full cut-off/shielded, downward directed, no uplighting for light/glow visible from the beach ;

LMPS req'd for new facilites close to beach, using lights not compliant with 45 SWI 32-7001, and have lighting could be visible from the beach or significant sky glow

Interim take: Service anticipates up to a total of 3% of all hatchlings from the marked sample (based on hatchling track counts) divided by the total hatchlings emerging from the marked sample and 3% of females nesting during the 2006 and 2007 seasons could be taken annually. 45 SW held responsible for all incidents caused by 45 SW lighting including those on MINWR;

areas south of KM 8 attributed to Port Canaveral glow.

Sky glow from Cocoa Beach and Satellite Beach may cause disorient on PAFB beaches. Recommend installing native veget on dune for light screening and educational signs at beach access points to explain beach habitat importance to sea turtles. Reassessment after 2008 of 3%.

Appendix 2- Copies of Active Biological Opinions

United States Department of the Interior

FISH AND WILDLIFE SERVICE

6620 Southpoint Drive, South Suite 310 Jacksonville, Florida 32216-0912

IN REPLY REFER TO:

41910-2006-F-0841

August 23, 2006

45 SW ICC

Attn: Brigadier General Susan Helms 1201 Edward H. White II Street, MS-7100 Patrick AFB, Florida 32925-3299

FWS Log No: 41910-2006-F-0841

Dear General Helms:

This document transmits the U.S. Fish and Wildlife Service's (Service) revised biological opinion based on our review of historical and anticipated future light management activities by the 45th Space Wing (45th SW) of the U.S. Air Force at the Cape Canaveral Air Force Station (CCAFS) and Patrick Air Force Base (P AFB) in Brevard County, Florida, and their effects on sea turtles in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C.

1531 et seq.). A complete administrative record of this consultation is on file at this office.

Consultation History

On April 13, 1988, Mr. Earl Possardt, the Southeastern Sea Turtle Coordinator for the Service, met with several representatives of the Air Force to discuss a security upgrade lighting for Launch Complex (LC) 17, 40, and 41 and the sea turtle hatchling disorientations at this installation. During the 1987 - 1990 sea turtle nesting season, there were between 2236 loggerhead nests and 26- 78 green turtle nests on CCAFS. For the 1988 sea turtle nesting season, 69 nests at CCAFS and 4 nests at P AFB were disoriented or misoriented due to lighting. On August 15, 1988, the Service sent a letter to the 45th SW reiterating the concern for the number of disorientations at CCAFS and the need for compliance with Section 7 of the Act, as amended. The Air Force replied with a letter to the Service on September 19, 1988 indicating their desire to resolve the lighting issues at CCAFS.

Following this letter, it was agreed that the Air Force would develop light management plans (LMP) in cooperation with the Service, for its launch complexes and other facilities at CCAFS. On October 17, 1989, LMPs were provided to the Service for the following areas: Industrial Area, Vertical Integration Building (VIB), Port Area, LC 17, LC 40, and LC 41. On February 28, 1990, revised LMPS were provided to the Service for LC 17 and LC 41. For the 1990 sea turtle nesting season, 160 nests at CCAFS and 12 nests at P AFB were disoriented or misoriented due to lights.

On February 9, 1990, the Service issued a Biological Opinion (BO) for the LMP for LC 36. On January 17, 1991, a revised LMP was provided to the Service for the Port Area. On April 9, 1991, the Service issued their Biological Opinion (BO) authorizing an incidental take of hatchlings from 75 loggerhead and 2 green turtle nests at CCAFS and hatchlings from 2 loggerhead nests at P AFB.

In subsequent years, the authorized level of incidental take was to reduce by 50% each year following the implementation of the LMPs. The Air Force developed seven LMPs, eliminated 293 incandescent, high pressure sodium, mercury vapor fixtures and quartz lights. Four hundred and seventy-seven incandescent lights were replaced with yellow bug lights. Eight hundred and forty-four incandescent, high pressure sodium, mercury vapor, quartz, and metal halide lights were changed to low pressure sodium. Four hundred and forty-nine high pressure sodium lights were shielded. Lights not in use were shut off and compliance was recorded ensuring routine security inspection and patrols. Annual notices to all complex personnel were issued prior to sea turtle nesting season.

On September 9, 1991, the Service received a letter from the Air Force to report that CCAFS had exceeded the incidental take for sea turtle hatchlings authorized by the Service in the April 9, 1991, BO. The Air Force has exceeded its authorized incidental take by 61 loggerhead nests. On October to, 1991, the Service's Southeastern Sea Turtle Coordinator, Mr. Earl Possardt, met with representatives of CCAFS to discuss the implementation of the LMPs and additional measures to minimize the number of hatchling disorientations. The exceeded take was due to a higher number of nests and more comprehensive nesting and lighting surveys. To minimize further disorientations, 280 susceptible nests were screened. The BO written on April 9, 1990 was modified to include all hatchlings from nests disoriented and misoriented during the 1991 nesting and hatching season.

Incidental take for subsequent years was authorized for hatchlings from four percent of the nests at CCAFS during the 1992 nesting season and reduced to two percent for subsequent years. The Service amended their BO on May 2, 2000 to authorize an incidental take of two percent of hatchlings and two percent of nesting females at CCAFS.

Patrick Air Force Base: On August 30, 2004, the Service received an E-mail from an Air Force, 45th SW representative of P AFB, Ms. Keitha Dattilo-Bain, to inform us that the 2% incidental take of sea turtles given in the BO dated May 2, 2000 was exceeded. The E-mail contained information with precautions that were being conducted to reduce the number of disorientation events; such as reducing/shielding the safety/security lighting at a few facilities and planting more dune vegetation in the areas from the Officers' Club to the north Distinguished Visitors beach housing. Keitha Dattilo-Bain stated that the traffic lights on State Road (SR) AlA for the Main Gate and the former Officers' Club/Blockhouse (including public beach access lights) appeared to be the cause of the majority of the disorientation events. Modifications to the lights were being researched to attempt to develop a solution by next nesting season, but it would be low on the Brevard County Transportation Engineering Department's (BCT) list as repairs to other traffic lights destroyed by the hurricanes in 2004 would be top priority. In the interim, funding would be obtained by the Air Force and coordination with the Florida Department of Transportation (FDOT) and BCT would occur to strive for retrofitting before the next nesting season.

In 2005, two lighting surveys were conducted at P AFB by the University of Central Florida Marine Turtle Research Group and a representative of the 45th SW, Keitha Dattilo-Bain. The surveys included patrolling the beach at night to determine sources of light that could potentially cause disorientations of sea turtles. The surveys identified the traffic lights at the Main Gate and Officers' Club as light sources likely to cause sea turtle disorientations during the 2005 sea turtle nesting season. On July 28, 2005, the Service received an E-mail from Keitha Dattilo-Bain to discuss the traffic lights at the Main Gate and Officers' Club. E-mails were exchanged with Keitha Dattilo

Bain of P AFB, Dean Gallagher of the Florida Fish and Wildlife Conservation Commission, Doug Mihalich of BCT, and the Service as to a possible solution for the traffic lights. On July 28, 2005, the Service received an email from Keitha Dattilo-Bain stating that the solution reached through discussions with FDOT and BCT was for installation of shielding louvers on the traffic lights. The lighting from the traffic signals would still be visible on the beach but reduced. In the interim, while waiting for the Air Force funds and BCT scheduling, the Air Force agreed to use silt fencing to temporarily shield any nests laid on the dune that were likely to be affected by the traffic lights.

Louvers were installed at the traffic lights at the Main Gate and former Officer's Club/Blockhouse at P AFB in January 2006. BCT readjusted the louvers, installed new mounting hardware, and added new signal heads to increase visibility for motorists. Strong winds in February and March of 2006 caused significant sway of these traffic lights, which, in combination with the louvers, reduced the ability of motorists to see the traffic signal.

In March 2006, FDOT ordered the louvers from the Main Gate to be removed due to safety concerns and public complaints. The pedestrian and beach access signal louvers at the former Officer's Club/Blockhouse were opened to three times their original configuration. Other alternatives for the traffic lights were discussed at a meeting held on April 13, 2006 with Keitha Dattilo-Bain, the Service, Rick Morrow, Chris Cairns, Suzanne Hertz, representatives ofFDOT, and Doug Mihalich and OJ Oujevolk ofBCT. Options for removing the traffic signal at the former Officer's Club/Blockhouse were discussed as well as reroutin1 traffic and turning off lights during the nesting season. Discussions are on-going between the 45 SW, FDOT, BCT, and the Service to minimize impacts to sea turtles from the traffic lights.

Cape Canaveral Air Force Station: On October 21,2004, the Service received a letter from Angy Chambers, a representative of CCAFS, to inform us that the incidental take of 2% for sea turtles given in the May 2,2000 Biological Opinion, was also exceeded at this location. On June 27, 2005, the Service conducted a site visit and met with representatives ofthe 45th SW, including Angy Chambers and Randall Rowland. The possible lighting sources causing the sea turtle hatchling disorientations and misorientations were discussed.

This document transmits the Service's interim biological opinion for the 2006 and 2007 nesting seasons. The "Terms and Conditions" provided in this Biological Opinion will be followed during the 2006 and 2007 nesting seasons. Disorientation is defined as a nesting female's or hatchling's loss of orientation, being unable to maintain constant directional movement. Misorientation is defined as orientation in the wrong direction. The percentage of disorientations and misorientations authorized under the Incidental Take Statement will be reassessed following the 2007 nesting season and the "Terms and Conditions" will be modified if needed. A final Biological Opinion with an allowable percentage of incidental take from lighting disorientations and misorientations will then follow this reassessment for the post-2007 nesting seasons.

Information for this interim Biological Opinion was obtained by E-mail correspondence, meetings, several site visits, telephone conversations and other sources of information. A complete administrative record ofthis consultation is on file at the Service's Jacksonville Field Office.

BIOLOGICAL OPINION

DESCRIPTION OF THE PROPOSED ACTION

The area involved in this biological opinion is the entirety of CCAFS and P AFB in Brevard County, Florida. The CCAFS has approximately 21 km of nesting beach and P AFB approximately 7 km of beach. At CCAFS, Light Management Plans (LMP) were previously developed for CCAFS and at P AFB, a Light Management Plan was developed for the base and approved by the Service in 1993, in an attempt to reduce or eliminate sea turtle hatchling disorientation/misorientation events. Facility custodians and managers are responsible for ensuring compliance of site personnel with operational constraints. The 45th SW Civil Engineering Squadron/Civil Engineering Environmental Flight, Conservation and Planning (45 SW CES/CEVP) office conducts lighting inspections and records noncompliance, and the person responsible for the lights is notified. In addition, facility managers are required to report noncompliant lights. The 45th SW issues annual notices to all personnel prior to the sea turtle nesting season reminding tenants of light use requirements and responsibilities.

The previously issued May 2, 2000 Biological Opinion requires the 45th SW to develop LMPs for all new construction and all facilities that currently do not have an LMP at CCAFS and P AFB for submittal to the Service for review and approval. The purpose of reinitiating consultation due to authorized incidental take being exceeded, is to reevaluate the level of anticipated incidental take as a result of disorientation and misorientation, modify the Service's minimization measures, review the 45th SW lighting guidelines, retrofit where feasible the lighting sources that are potentially causing the disorientations/misorientations, and re-evaluate the need for individual facility LMPs.

STATUS OF THE SPECIES/CRITICAL HABIT AT

Species/critical habitat description

Loggerhead Sea Turtle

The loggerhead sea turtle (Caretta caretta), listed as a threatened species on July 28, 1978 (43 FR 32800), inhabits the continental shelves and estuarine environments along the margins of the Atlantic, Pacific, and Indian Oceans. Loggerhead sea turtles nest within the continental U.S. from Louisiana to Virginia. Major nesting concentrations in the U.S. are found on the coastal islands of North Carolina, South Carolina, and Georgia, and on the Atlantic and Gulf coasts of Florida (Hopkins and Richardson 1984).

No critical habitat has been designated for the loggerhead sea turtle.

Green Sea Turtle

The green sea turtle (Chelonia mydas) was federally listed as a protected species on July 28, 1978 (43 FR 32800). Breeding populations ofthe green turtle in Florida and along the Pacific Coast of Mexico are listed as endangered; all other populations are listed as threatened. The green turtle has a worldwide distribution in tropical and subtropical waters. Major green turtle nesting colonies in the Atlantic occur on Ascension Island, Aves Island, Costa Rica, and Surinam. Within the U.S., green turtles nest in small numbers in the U.S. Virgin Islands and Puerto Rico, and in larger numbers along the east coast of Florida, particularly in Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward Counties (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1991a).

Nesting also has been documented along the Gulf coast of Florida from Escambia County through Franklin County in Northwest Florida and from Pinellas County through Collier County in Southwest Florida (Florida Fish and Wildlife Conservation Commission Statewide nesting database).

Green turtles have nested in Georgia, but only on rare occasions (Georgia Department of Natural Resources, unpublished data). The green turtle also nests sporadically in North Carolina and South Carolina (North Carolina Wildlife Resources Commission, unpublished data; South Carolina Department of Natural Resources, unpublished data). Unconfirmed nesting of green turtles in Alabama has also been reported (Bon Secour National Wildlife Refuge, unpublished data).

Critical habitat for the green sea turtle has been designated for the waters surrounding Culebra Island, Puerto Rico, and its outlying keys.

Leatherback Sea Turtle

The leatherback sea turtle (Dermochelys coriacea), listed as an endangered species on June 2, 1970 (35 FR 8491), nests on shores of the Atlantic, Pacific and Indian Oceans. Non-breeding animals have been recorded as far north as the British Isles and the Maritime Provinces of Canada and as far south as Argentina and the Cape of Good Hope (Pritchard 1992). The largest nesting colony in the wider Caribbean region is found in French Guiana, but nesting occurs frequently, although in lesser numbers, from Costa Rica to Columbia and in Guyana, Surinam and Trinidad (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1992, National Research Council 1990).

The leatherback regularly nests in the U.S. in Puerto Rico, the U.S. Virgin Islands, and along the Atlantic coast of Florida as far north as Georgia (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1992). Leatherback turtles nest in Georgia, South Carolina and North Carolina, but only on rare occasions (Murphy 1996, Winn 1996, Boettcher 1998). Leatherback nesting also has been reported on the northwest coast of Florida (LeBuff 1990; Florida Fish and Wildlife Conservation Commission, unpublished data); a false crawl (non-nesting emergence) was observed on Sanibel Island (LeBuff 1990).

Marine and terrestrial critical habitat for the leatherback sea turtle has been designated at Sandy Point on the western end of the island ofSt. Croix, U.S. Virgin Islands.

Hawksbill Sea Turtle

The hawksbill sea turtle (Eretmochelys imbricata) was listed as an endangered species on June 2, 1970 (35 FR 8491). The hawksbill is found in tropical and subtropical seas of the Atlantic, Pacific and Indian Oceans. The species is widely distributed in the Caribbean Sea and western Atlantic Ocean. Within the continental U.S., hawksbill sea turtle nesting is rare and is restricted to the southeastern coast of Florida (Volusia through Dade Counties) and the Florida Keys (Monroe County) (Meylan 1992, Meylan et al. 1995). However, hawksbill tracks are difficult to differentiate from those of loggerheads and may not be recognized by surveyors. Therefore, surveys in Florida likely underestimate actual hawksbill nesting numbers (Meylan et al. 1995). In the U.S. Caribbean, hawksbill nesting occurs on beaches throughout Puerto Rico and the U.S. Virgin Islands (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1993).

Critical habitat for the hawksbill sea turtle has been designated for selected beaches and/or waters of Mona, Monito, Culebrita and Culebra Islands, Puerto Rico.

Kemp's Ridley Sea Turtle

The Kemp's ridley sea turtle (Lepidochelys kempii) was listed as endangered on December 2, 1970 (35 FR 18320). The range of the Kemp's ridley includes the Gulf coasts of Mexico and the U.S., and the Atlantic coast of North America as far north as Nova Scotia and Newfoundland. Most Kemp's ridleys nest on the coastal beaches of the Mexican states of Tamaulipas and Veracruz, although a very small number of Kemp's ridleys nest consistently along the Texas coast (Turtle Expert Working Group, 1998). In addition, rare nesting events have been reported in Florida, Alabama, South Carolina, and North Carolina. Hatchlings, after leaving the nesting beach, are believed to become entrained in eddies within the Gulf of Mexico, where they are dispersed within the Gulf and Atlantic by oceanic surface currents until they reach about 7.9 inches in length, at which size they enter coastal shallow water habitats (Ogren, 1989). Outside of nesting, adult Kemp's ridleys are believed to spend most of their time in the Gulf of Mexico, while juveniles and subadults also regularly occur along the eastern seaboard of the United States (U.S. Fish and Wildlife Service and National Marine Fisheries Service, 1992).

Life history

Loggerhead Sea Turtle

Loggerheads nest from one to seven times within a nesting season (Talbert et al. 1980, Richardson and Richardson 1982, Lenarz et al. 1981, the mean is approximately 4.1 (Murphy and Hopkins 1984). The interval between nesting events within a season varies around a mean of about 14 days (Dodd 1988). Mean clutch size varies from about 100 to 126 along the southeastern United States coast (National Marine Fisheries Service and U.S. Fish and Wildlife Service 199Ib). Nesting migration intervals of 2 to 3 years are most common in loggerheads, but the number can vary from 1 to 7 years (Dodd 1988). Age at sexual maturity is believed to be about 20 to 30 years (Turtle Expert Working Group 1998).

Green Sea Turtle

Green turtles deposit from one to nine clutches within a nesting season, but the overall average is about 3.3. The interval between nesting events within a season varies around a mean of about 13 days (Hirth 1997). Mean clutch size varies widely among populations. Average clutch size reported for Florida was 136 eggs in 130 clutches (Witherington and Ehrhart 1989). Only occasionally do females produce clutches in successive years. Usually 2,3,4 or more years intervene between breeding seasons (National Marine Fisheries Service and U.S. Fish and Wildlife Service 199Ia). Age at sexual maturity is believed to be 20 to 50 years (Hirth 1997).

Leatherback Sea Turtle

Leatherbacks nest an average of five to seven times within a nesting season, with an observed maximum of 11 (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1992). The interval between nesting events within a season is about 9 to 10 days. Clutch size averages 80 to 85 yolked eggs, with the addition of usually a few dozen smaller, yolkless eggs, mostly laid toward the end of the clutch (Pritchard, 1992). Nesting migration intervals of2 to 3 years were observed in leatherbacks nesting on the Sandy Point National Wildlife Refuge, St. Croix, U.S. Virgin Islands (McDonald and Dutton 1996). Leatherbacks are believed to reach sexual maturity in 6 to 10 years (Zug and Parham 1996).

Hawksbill Sea Turtle

Hawksbills nest on average about 4.5 times per season at intervals of approximately 14 days (Corliss et al. 1989). In Florida and the U.S. Caribbean, clutch size is approximately 140 eggs, although several records exist of over 200 eggs per nest (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1993). On the basis of limited information, nesting migration intervals of 2 to 3 years appear to predominate. Hawksbills are recruited into the reef environment at about 14 inches in length and are believed to begin breeding about 30 years later. However, the time required to reach 14 inches in length is unknown and growth rates vary geographically. As a result, actual age at sexual maturity is not known.

Kemp's Ridley Sea Turtle

Nesting occurs from April into July during which time the turtles appear off the Tamaulipas and Veracruz coasts of Mexico. Precipitated by strong winds, the females swarm to mass nesting emergences, known as arribadas or arribazones, to nest during daylight hours. Clutch size averages 100 eggs (U.S. Fish and Wildlife Service and National Marine Fisheries Service, 1992). Some females breed annually and nest an average of 1 to 4 times in a season at intervals of 10 to 28 days.

Age at sexual maturity is believed to be between 7 to 15 years (Turtle Expert Working Group, 1998).

Population dynamics

Loggerhead Sea Turtle

Total estimated nesting in the Southeast is approximately 50,000 to 90,000 nests per year (Florida Fish and Wildlife Conservation Commission statewide nesting database 2004, Georgia Department of Natural Resources statewide nesting database 2004, South Carolina Department of Natural Resources statewide nesting database 2004, North Carolina Wildlife Resources Commission statewide nesting database 2004). In 1998, 85,988 nests were documented in Florida alone.

However, in 2001,2002,2003, and 2004, this number dropped to 69,657, 62,905, 56,852, and 47,173, respectively. An analysis of nesting data from the Florida Index Nesting Beach Survey (INBS) Program from 1989 to 2004, a period encompassing index surveys that are more consistent and more accurate than surveys in previous years, has shown no detectable trend but, more recently

(1998 through 2004), has shown evidence of a declining trend (Witherington 2005). Given inherent annual fluctuations in nesting and the short time period over which the decline has been noted, caution is warranted in interpreting the decrease in terms of nesting trends.

From a global perspective, the southeastern U.S. nesting aggregation is of paramount importance to the survival of the species and is second in size only to that which nests on islands in the Arabian Sea off Oman (Ross 1982, Ehrhart 1989, National Marine Fisheries Service and U.S. Fish and Wildlife Service 1991b). The status of the Oman loggerhead nesting population, reported to be the largest in the world (Ross 1979), is uncertain because of the lack of long-term standardized nesting or foraging ground surveys and its vulnerability to increasing development pressures near major nesting beaches and threats from fisheries interactions on foraging grounds and migration routes (Possardt 2005). The loggerhead nesting aggregations in Oman, the southeastern U.S., and Australia have been estimated to account for about 88 percent of nesting worldwide (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1991b). About 80 percent of loggerhead nesting in the southeastern U.S. occurs in six Florida counties (Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward Counties) (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1991 b).

Green Sea Turtle

About 150 to 2,750 females are estimated to nest on beaches in the continental U.S. annually (Florida Fish and Wildlife Conservation Commission 2005). In the U.S. Pacific, over 90 percent of nesting throughout the Hawaiian archipelago occurs at the French Frigate Shoals, where about 200 to 700 females nest each year (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1998a). Elsewhere in the U.S. Pacific, nesting takes place at scattered locations in the Commonwealth of the Northern Marianas, Guam, and American Samoa. In the western Pacific, the largest green turtle nesting aggregation in the world occurs on Raine Island, Australia, where thousands of females nest nightly in an average nesting season (Limpus et al. 1993). In the Indian Ocean, major nesting beaches occur in Oman where 30,000 females are reported to nest annually (Ross and Barwani 1995).

Leatherback Sea Turtle

Recent estimates of global nesting populations indicate 26,000 to 43,000 nesting females annually (Spotila et al. 1996). The largest nesting populations at present occur in the western Atlantic in French Guiana (4,500 to 7,500 females nesting/year) and Colombia (estimated several thousand nests annually), and in the western Pacific in West Papua (formerly Irian Jaya) and Indonesia (about 600 to 650 females nesting/year). In the United States, small nesting populations occur on the Florida east coast (100 females/year) (Florida Fish and Wildlife Conservation Commission 2005), Sandy Point, U.S. Virgin Islands (50 to 190 females/year) (Alexander et al. 2002, and Puerto Rico (30 to 90 females/year).

Hawksbill Sea Turtle

About 15,000 females are estimated to nest each year throughout the world with the Caribbean accounting for 20 to 30 percent ofthe world's hawksbill population. Only five regional populations remain with more than 1,000 females nesting annually (Seychelles, Mexico, Indonesia, and two in Australia) (Meylan and Donnelly 1999). Mexico is now the most important region for hawksbills in the Caribbean with about 3,000 nests/year (Meylan 1999). Other significant but smaller populations in the Caribbean still occur in Martinique, Jamaica, Guatemala, Nicaragua, Grenada, Dominican Republic, Turks and Caicos Islands, Cuba, Puerto Rico, and U.S. Virgin Islands. In the U.S.

Caribbean, about 150 to 500 nests/year are laid on Mona Island, Puerto Rico, and 70 to 130 nests/year on Buck Island Reef National Monument, U.S. Virgin Islands. In the U.S. Pacific, hawksbills nest only on main island beaches in Hawaii, primarily along the east coast of the island of Hawaii. Hawksbill nesting has also been documented in American Samoa and Guam (National Marine Fisheries Service and U.S. Fish and Wildlife Service 1998b).

Kemp's Ridley Sea Turtle

The 40,000 nesting females estimated from a single mass nesting emergence in 1947 reflected a much larger total number of nesting turtles in that year than exists today (Carr, 1963; Hildebrand, 1963). However, nesting in Mexico has been steadily increasing in recent years -- from 702 nests in 1985 to over 10,000 nests in 2005 (U.S. Fish and Wildlife Service 2005). Despite protection for the nests, turtles have been and continue to be lost to incidental catch by shrimp trawls (U.S. Fish and Wildlife Service and National Marine Fisheries Service 1992).

Status and distribution

Loggerhead Sea Turtle

Genetic research involving analysis of mitochondrial DNA has identified five different loggerhead subpopulations/nesting aggregations in the western North Atlantic: (1) the Northern Subpopulation occurring from North Carolina to around Cape Canaveral, Florida (about 29° N.); (2) South Florida Subpopulation occurring from about 29° N. on Florida's east coast to Sarasota on Florida's west coast; (3) Dry Tortugas, Florida, Subpopulation, (4) Northwest Florida Subpopulation occurring at Eglin Air Force Base and the beaches near Panama City; and (5) Yucatan Subpopulation occurring on the eastern Yucatan Peninsula, Mexico (Bowen 1994, 1995; Bowen et al. 1993; Encalada et al.

1998; Pearce 2001). These data indicate that gene flow between these five regions is very low. If nesting females are extirpated from one of these regions, regional dispersal will not be sufficient to replenish the depleted nesting subpopulation.

The Northern Subpopulation has declined substantially since the early 1970s. Recent estimates of loggerhead nesting trends from standardized daily beach surveys showed significant declines ranging from 1.5% to 2.0% annually (Dodd 2005). Nest totals from aerial surveys conducted by the South Carolina Department of Natural Resources showed a 3.3% annual decline in nesting since 1980. Overall, there is strong statistical evidence to suggest the Northern Subpopulation has sustained a long-term decline.

Data from all beaches where nesting activity has been recorded indicate that the South Florida Subpopulation has shown significant increases over the last 25 years. However, an analysis of nesting data from the Florida Index Nesting Beach Survey (INBS) Program from 1989 to 2002, a period encompassing index surveys that are more consistent and more accurate than surveys in previous years, has shown no detectable trend and, more recently (1998 through 2002), has shown evidence of a declining trend (Witherington 2003). Given inherent annual fluctuations in nesting and the short time period over which the decline has been noted, caution is warranted in interpreting the decrease in terms of nesting trends.

A near census of the Florida Panhandle Subpopulation undertaken from 1989 to 2002 reveals a mean of 1,028 nests per year, which equates to about 251 females nesting per year (Florida Fish and Wildlife Conservation Commission 2005). Evaluation of long-term nesting trends for the Florida Panhandle Subpopulation is difficult because of changed and expanded beach coverage. Although there are now 8 years (1997-2004) ofINBS data for the Florida Panhandle Subpopulation, the time series is too short to detect a trend (Witherington 2005).

A near census of the Dry Tortugas Subpopulation undertaken from 1995 to 2001 reveals a mean of 213 nests per year, which equates to about 50 females nesting per year (Florida Fish and Wildlife Conservation Commission 2005). The trend data for the Dry Tortugas Subpopulation are from beaches that were not part of the State of Florida's INBS program prior to 2004 but have moderately good monitoring consistency. There are 7 continuous years (1995-2001) of data for this Subpopulation, but the time series is too short to detect a trend (Witherington 2005).

Nesting surveys in the Yucatan Subpopulations have been too irregular to date to allow for a meaningful trend analysis (Turtle Expert Working Group 1998,2000).

Threats include incidental take from channel dredging and commercial trawling, longline, and gill net fisheries; loss or degradation of nesting habitat from coastal development and beach armoring;

disorientation of hatchlings by beachfront lighting; excessive nest predation by native and non native predators; degradation of foraging habitat; marine pollution and debris; watercraft strikes;

and disease. There is particular concern about the extensive incidental take of juvenile loggerheads in the eastern Atlantic by longline fishing vessels from several countries.

Green Sea Turtle

Total population estimates for the green turtle are unavailable, and trends based on nesting data are difficult to assess because of large annual fluctuations in numbers of nesting females. For instance, in Florida, where the majority of green turtle nesting in the southeastern U.S. occurs, estimates range from 150 to 2,750 females nesting annually (Florida Fish and Wildlife Conservation Commission 2005). Populations in Surinam and Tortuguero, Costa Rica, may be stable, but there is insufficient data for other areas to confirm a trend.

A major factor contributing to the green turtle's decline worldwide is commercial harvest for eggs and food. Fibropapillomatosis, a disease of sea turtles characterized by the development of multiple tumors on the skin and internal organs, is also a mortality factor and has seriously impacted green turtle populations in Florida, Hawaii and other parts of the world. The tumors interfere with swimming, eating, breathing, vision and reproduction; and turtles with heavy tumor burdens may die.

Other threats include loss or degradation of nesting habitat from coastal development and beach armoring; disorientation of hatchlings by beachfront lighting; excessive nest predation by native and non-native predators; degradation of foraging habitat; marine pollution and debris;

watercraft strikes; and incidental take from channel dredging and commercial fishing operations.

Leatherback Sea Turtle

Declines in leatherback nesting have occurred over the last two decades along the Pacific coasts of Mexico and Costa Rica. The Mexican leatherback nesting population, once considered to be the world's largest leatherback nesting population (historically estimated to be 65 percent of worldwide population), is now less than one percent of its estimated size in 1980. Spotila et al. (1996) estimated the number of leatherback sea turtles nesting on 28 beaches throughout the world from the literature and from communications with investigators studying those beaches. The estimated worldwide population of leatherbacks in 1995 was about 34,500 females on these beaches with a lower limit of about 26,200 and an upper limit of about 42,900. This is less than one third the 1980 estimate of 115,000. Leatherbacks are rare in the Indian Ocean and occur in very low numbers in the western Pacific Ocean. The largest population is in the western Atlantic. Using an age-based demographic model, Spotila et al. (1996) determined that leatherback populations in the Indian Ocean and western Pacific Ocean cannot withstand even moderate levels of adult mortality and that even the Atlantic populations are being exploited at a rate that cannot be sustained. They concluded that leatherbacks are on the road to extinction and further population declines can be expected unless we take action to reduce adult mortality and increase survival of eggs and hatchlings.

The crash of the Pacific leatherback population is believed primarily to be the result of exploitation by humans for the eggs and meat, as well as incidental take in numerous commercial fisheries of the Pacific. Other factors threatening leatherbacks globally include loss or degradation of nesting habitat from coastal development; disorientation of hatchlings by beachfront lighting; excessive nest predation by native and non-native predators; degradation of foraging habitat; marine pollution and debris; and watercraft strikes.

Hawksbill Sea Turtle

The hawksbill sea turtle has experienced global population declines of 80 percent or more during the past century and continued declines are projected (Meylan and Donnelly 1999). Most populations are declining, depleted or remnants of larger aggregations. Hawksbills were previously abundant, as evidenced by high-density nesting at a few remaining sites and by trade statistics. The decline of this species is primarily due to human exploitation for tortoiseshell. While the legal hawksbill shell trade ended when Japan agreed to stop importing shell in 1993, a significant illegal trade continues. It is believed that individual hawksbill populations around the world will continue to disappear under the current regime of exploitation for eggs, meat, and tortoiseshell, loss of nesting and foraging habitat, incidental capture in fishing gear, ingestion of and entanglement in marine debris, oil pollution and boat collisions. Hawksbills are closely associated with coral reefs, one of the most endangered of all marine ecosystem types.

Kemp's Ridley Sea Turtle

The decline of this species was primarily due to human activities, including the direct harvest of adults and eggs and incidental capture in commercial fishing operations. Today, under strict protection, the population appears to be in the early stages of recovery. The recent nesting increase can be attributed to full protection of nesting females and their nests in Mexico resulting from a bi-national effort between Mexico and the U.S. to prevent the extinction of the Kemp's ridley, and the requirement to use turtle excluder devices in shrimp trawls both in the United States and Mexico.

The Mexico government also prohibits harvesting and is working to increase the population through more intensive law enforcement, by fencing nest areas to diminish natural predation, and by relocating all nests into corrals to prevent poaching and predation. While relocation of nests into corrals is currently a necessary management measure, this relocation and concentration of eggs into a "safe" area is of concern since it makes the eggs more susceptible to reduced viability due to movement-induced mortality, disease vectors, catastrophic events like hurricanes, and marine predators once the predators learn where to concentrate their efforts.

Analysis of the species/critical habitat likely to be affected

The presence of artificial lighting on CCAFS and P AFB has the potential to adversely affect nesting female and hatchling sea turtles. The effects of the proposed action on sea turtles will be considered further in the remaining sections of this biological opinion. Potential effects of the presence of artificial lighting on CCAFS and P AFB include the deterrence of female sea turtles from coming onto the beach to dig nests; harassment of nesting females that results in aborted nesting attempts;

harassment in the form of misdirection of females attempting to return to sea after nesting; mortality of nesting females that are misdirected and end up on coastal highways where they may be struck by vehicles; harassment in the form of misdirection of hatchling turtles as they emerge from the nest and attempt to crawl to the water; and mortality of hatchling turtles that are misdirected and made more vulnerable to predators, desiccation, exhaustion, and automobiles.

Critical habitat has not been designated in the continental United States; therefore, the proposed action would not result in an adverse modification.

ENVIRONMENTAL BASELINE

Status of the species within the action area

Loggerhead Sea Turtle

The loggerhead sea turtle nesting and hatching season for southern Florida Atlantic beaches extends from March 15 through November 30. Incubation ranges from about 45 to 95 days.

Between 919 and 1,579 loggerhead nests were deposited annually on P AFB beach from 2000 through 2004. Between 1,347 and 3,395 nests were deposited annually on CCAFS beach from 2000 through 2004.

Green Sea Turtle

The green sea turtle nesting and hatching season for southern Florida Atlantic beaches extends from May 1 through November 30. Incubation ranges from about 45 to 75 days. Between 0 and 51 green turtle nests were deposited annually on P AFB beach from 2000 through 2004. Between 4 and 116 nests were deposited annually on CCAFS beach from 2000 through 2004.

Leatherback Sea Turtle

The leatherback sea turtle nesting and hatching season for Southern Florida Atlantic beaches extends from February 15 through November 15. Incubation ranges from about 55 to 85 days. Between 0 and 2 leatherback turtle nests were deposited annually on P AFB beach from 2000 through 2004.

Between 0 and 5 nests were deposited annually on CCAFS beach from 2000 through 2004.

Hawksbill Sea Turtle

The hawksbill sea turtle nesting and hatching season for Southern Florida Atlantic beaches extends from June 1 through December 31. Incubation lasts approximately 60 days.

Hawksbill sea turtle nesting is rare and restricted to the southeastern coast of Florida (V olusia through Dade Counties) and the Florida Keys (Monroe County) (Meylan 1992, Meylan et al. 1995).

However, hawksbill tracks are difficult to differentiate from those ofloggerheads and may not be recognized by surveyors. Therefore, surveys in Florida likely underestimate actual hawksbill nesting numbers (Meylan et al. 1995). Although no hawksbill nests have ever been recorded in Brevard County, one was reported at the Canaveral National Seashore in Volusia County in 1982 (Meylan et

al. 1995). Therefore, the potential exists for such an occurrence at CCAFS and P AFB.

Kemp's Ridley Sea Turtle

Although no nesting has been reported in Brevard County for Kemp's ridley turtles, nesting by this species has been documented elsewhere along Florida's east coast. Kemp's ridley crawls have been reported in V olusia and Palm Beach Counties, north and south of the Plan Area, respectively (Meylan et al. 1995, FWC Statewide nesting data). The majority of nesting surveys conducted in Florida occur during the morning hours and are based on interpretation of the tracks left by the turtles as they ascend and descend the beach; the turtles themselves are rarely observed. Because, both hawksbill and Kemp's ridley turtle tracks are difficult to discern from loggerhead tracks, it is likely that nesting by both species is underreported (Meylan et al. 1995).

EFFECTS OF THE ACTION

Factors to be considered

Direct effects

Artificial lighting can be detrimental to sea turtles in several ways.