Agenda 04/14/2015 Item #16A24 4/14/2015 16.A.24.
n
EXECUTIVE SUMMARY
Recommendation to approve a Bureau of Ocean Energy Management (BOEM) Lease Negotiated
Agreement No. OCS-G 35160 for the use of up to 500,000 cubic yards of Outer Continental Shelf
sand sources from Borrow Area T-1 for the beach nourishment project along Collier County,
authorize the Chairman to execute agreement and make a finding that this item promotes tourism.
OBJECTIVE: Approve BOEM lease for the use of up to 500,000 cubic yards of Outer
Continental Shelf sand sources from Borrow Area T-1 for the beach nourishment project along
Collier County.
CONSIDERATIONS: This lease is between the United States Department of the Interior
(DOI), acting through the Bureau of Ocean Energy Management (BOEM), and Collier County,
Florida for the renourishment of beach along 7.5 miles of coastline between Wiggins Pass and
Gordon Pass,including Vanderbilt Beach,Pelican Bay,Park Shore and Naples Beach.
This lease provides the county the use of up to 500,000 cubic yards of Outer Continental Shelf
(OCS) sand resources. The term "OCS sand resources" means the sand, gravel, and shell
resources found on or below the surface of the seabed on the Outer Continent Shelf. This lease
applies to the extraction, transportation and placement of OCS sand resources. The lease will
terminate in three (3) years or the receipt of 500,000 cubic yards of OSC sand, whichever occurs
first.
Collier County executed a similar lease with the Department of the Interior, Minerals
Management Service in 2005 to provide sand from Borrow Area T-1 for the 2005/2006 beach
renourishment. This lease provides a large quantity of sand to renourish the beaches in the event
of a major storm event or major renourishment.
FISCAL IMPACT: There is no BOEM fee for the use of these sand resources. However, the
County will be required to comply with surveys and environmental monitoring requirements
which will provide valuable information to BOEM on the sand resource borrow area. Funding
for this project will not be requested for reimbursement from any grantor agency.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
ADVISORY COMMITTEE RECOMMENDATIONS: At the March 12, 2015 Coastal
Advisory Committee (CAC) meeting, this item was unanimously recommended for approval by
a 7 to 0 vote.
At the March 23,2015 Tourist Development Council (TDC)meeting,this item was unanimously
recommended for approval by a 6 to 0 vote.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval.—CMG
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RECOMMENDATION: That the Board of County Commissioners approves the Bureau of n
Ocean Energy Management (BOEM) Lease Negotiated Agreement No. OCS-G 35160 for the
use of up to 500,000 cubic yards of Outer Continental Shelf sand sources from Borrow Area T-1
for the beach nourishment project along Collier County, authorize the Chairman to execute
agreement and make a finding that this item promotes tourism.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning,
Impact Fees and Program Management Division, Growth Management Department
Attachment: Lease Agreement
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4/14/2015 16.A.24.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.24.
Item Summary: Recommendation to approve a Bureau of Ocean Energy Management
(BOEM) Lease Negotiated Agreement No. OCS-G 35160 for the use of up to 500,000 cubic yards
of Outer Continental Shelf sand sources from Borrow Area T-1 for the beach nourishment
project along Collier County, authorize the Chairman to execute agreement and make a finding
that this item promotes tourism.
Meeting Date: 4/14/2015
Prepared By
Name: HambrightGail
Title:Accountant, Coastal Zone Management
3/16/2015 3:15:57 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
3/16/2015 3:15:58 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 3/18/2015 11:46:13 AM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 3/18/2015 11:53:25 AM
Name:NorthrupAdam
Title: Procurement Specialist, Purchasing&General Services
Date: 3/18/2015 12:10:55 PM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
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4/14/2015 16.A.24.
Date: 3/18/2015 2:07:34 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Purchasing&General Services
Date: 3/20/2015 9:14:54 AM
Name: HerreraSandra
Title: Manager-Procurement,Purchasing&General Services
Date: 3/20/2015 2:47:20 PM
Name: Tara Castillo
Title: Management/Budget Analyst,Road Maintenance
Date: 3/25/2015 9:19:17 AM
Name: KearnsAllison
Title:Manager Financial &Operational Support, Transportation Administration
Date: 3/25/2015 3:05:51 PM
Name: PattersonAmy
Title: Manager-Impact Fees &EDC,Business Management&Budget Office
Date: 3/26/2015 12:41:11 PM
Name: GreeneColleen
Title:Assistant County Attorney, CAO General Services
Date: 3/27/2015 11:20:46 AM
Name: MarcellaJeanne
Title:Executive Secretary, Transportation Planning
Date: 3/27/2015 2:20:45 PM
Name: OberrathKaren
Title:Accountant, Senior,Grants Management Office
Date: 3/31/2015 10:53:21 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/31/2015 3:44:57 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 4/1/2015 5:04:14 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
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Date: 4/3/2015 9:43:34 AM
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United States Department of the Interior
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,, i• . BUREAU OF OCEAN ENERGY MANAGEMENT
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—......;.t- WASHINGTON.DC 20240-0001
4C11 3."
FEB 26 2015
Mr. Gary McAlpin
Coastal Projects Manager
Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
Dear Mr. McAlpin:
Enclosed please find a copy of the Lease providing for the use of up to 500.000 cubic
yards of Outer Continental Shelf sand resources from Borrow Area T-1 for the beach
nourishment project along Collier County. Florida(BOEM Negotiated Agreement No.
OCS-G 35160).
Upon receipt of this package,please sign and date each of the four signatory pages and
return all four originals to BOEM at the address listed below:
Jeffrey Reidenauer,Ph.D.
Chief, Marine Minerals Branch
Bureau of Ocean Energy Management t"m■
381 Elden Street, HM 3120
Herndon,Virginia 20170
BOEM will execute the Lease and provide two originals to you for your record. Please
do not hesitate to contact Jeffrey Reidenauer at jeffrev.reidenauerra?boem.gov or
(703) 787-1851 if you have any questions.
Sincerely.
i
Robert Samuels
Chief. Leasing Division
Enclosure
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LEASE BETWEEN
THE BUREAU OF OCEAN ENERGY MANAGEMENT
OF THE DEPARTMENT OF THE INTERIOR
AND
COLLIER COUNTY, FLORIDA
REGARDING THE USE OF OUTER CONTINENTAL SHELF
SAND RESOURCES FOR SHORE PROTECTION AND
RESTORATION IN COLLIER COUNTY, FLORIDA
BOEM Negotiated Agreement No. OCS-G 35160
Title 1. Explanaion Recitals
A. This lease (-Lease") is made under the authority of Section 8(k)(2)(A)(i) of the Outer
Continental Shelf Lands Act (OCSLA)of August 7. 1953 (43 U.S.C. § 1331 et seq.). P.L. 95-
372, as amended by P.L. 103-426, between the United States Department of the Interior
(DOI), acting through the Bureau of Ocean Energy Management (BOEM). and Collier
County, Florida (the "County-, collectively with BOEM and DOI. the -Parties-) for the
renourishment of beach along 7.5 miles of coastline between Wiggins Pass and Gordon Pass.
including Vanderbilt Beach, Pelican Bay. Park Shore. and Naples Beach.
B. The County is undertaking a project in furtherance of the abovementioned goal to renourish
Vanderbilt Beach, Pelican Bay, Park Shore.and Naples Beach (the "Project").
C. Prior to the notice-to-proceed with construction, the County will procure lands, easements,
and rights-of-way (collectively, "Land Rights—) as necessary from upland landowners, other
property rights holders, and other persons and entities of appropriate scope and duration to
facilitate the Project.
Title H. Purpose and Authority
A. The DOL acting through BOEM.enters into this Lease with the County providing for the use
of up to 500.000 cubic yards of Outer Continental Shelf sand resources(OCS sand resources)
for the Project under the authority of Section 8(k)(2) of the OCSLA (43 U.S.C.
§ 1337(0(2)). The term -OCS sand resources- means the sand, gravel and shell resources
found on or below the surface of the seabed on the Outer Continental Shelf(OCS).as defined
in Section 2(a) of the OCSLA (43 1 .S.C. § 1331(a)). This Lease authorizes the County to
use OCS sand resources from Borrow Area T-1. as designated and shown in Table 1 and on
the attached map(Attachment 1). in accordance with the terms of this Lease. After removal
of the OCS sand resources from the OCS and placement of those resources as specified in
this Lease. BOEM has no jurisdiction over those sand resources unless they return to the
OCS.
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Table 1. Borrow Area T-1 Coordinates Based on the Florida State Plane Coordinate
System, East Zone, North American Datum of 1983 (NAD83).
Northing Easting
753660.6 201670.4
752746.4 201243.5
751965.9 201725.7
751874.8 201928.4
751636.3 201919_2
750216.9 202806.3 I
750122.3 203042.4
750110.4 204864 4
750105.5 205611.1
750100.2 206418.5
750095.7 207103.5
750,088.8 208155.6
7503991 207778.1
751205.8 206799.1
7514732 2054744
751649.2 206260.5
752336.0 205057.7
753426.6 205735.6
753612.0 205517.8
7536172 205103.1
753627.3 204300.9
753658.5 201834.4
B. BOE1v1, under authority delegated by the Secretary of the Interior, is authorized, pursuant to
Section 800(2) of the OCSIA (43 li.S.C. § 1 337(k)(2)) to enter into this Lease concerning
the potential use of OCS sand resources.
BOEM has determined that the Project meets the requirements of Section 8(k)(2)(A)(i)of the
OCSLA. Therefore, in accordance with Section 8(k)(2). and subject to the terms and
conditions as contained herein. BOEM hereby authorizes the use of OCS sand resources from
Borrow Area T-I identified in Table 1 for the construction of the Project. The Parties
acknowledge that under the terms of Section 8(k)(2XB). BOEM will not assess any fee
against the County for the use of the OCS sand resources described herein. In consideration
of the provision of OCS sand resources for the Project. the County will provide to BOEM
survey results and other data as provided herein,which will among other things.give BOEM
valuable information on the Borrow Area.
Nothing in this Lease is intended to abrogate or diminish the Secretary of the Interior's
authority under the OCSI A to oversee and regulate the removal of OCS sand resources.
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C. Nothing in this Lease is intended to impede or hinder the County's ability to complete the
Project or abrogate or diminish either Party's authority or responsibilities under applicable
law, including but not limited to the National Environmental Policy Act (NEPA),
Endangered Species Act (ESA). Magnuson-Stevens Fisher) Conservation and Management
Act (MSA), Marine Mammal Protection Act (MMPA), National Historic Preservation Act
(NHPA). or the Coastal Zone Management Act (CZMA).
Title III. Project Description
This Project is intended to renourish the beach, reduce coastal storm flooding and erosion, and
provide recreational and environmental habitat benefits along eroded areas of the Collier County
shoreline. The County may extract up to 500.000 cubic yards of ()CS sand resources to
renourish the beach. The OCS sand resources will be extracted from Borrow Area T-1
(Attachment I) and placed between Wiggins Pass and Gordon Pass. including Vanderbilt
Beach.Pelican Bay. Park Shore. and Naples Beach (see Attachment 2).
Title IV. Provisions
A. BOEM authorizes the use of OCS sand resources from Borrow Area T-1. The County or its
contractor(s) may extract, transport, and place such OCS sand resources from Borrow Area
T-1 only in accordance with the terms and conditions set forth below and in accordance with
the Florida Department of Environmental Protection's Joint Coastal Permit (JCP) No.
0222355-012-IN. the U.S. Amy Corps of Engineers (USACE) Permit No. SAJ-2003-12405
(IP-MN), USACE Permit Modification SA.1-2003-12405 (MOD-KDS). and any other
applicable permits.
B. This Lease applies only to the extraction, transponation, and placement of OCS sand
resources as described above. The Lease will terminate or expire upon the following
occurring: (1) the County sending written notice to the Chief, Marine Minerals Branch,
Leasing Division, BOElvi. 381 Elden Street, HM 3120. Herndon, Virginia 20170 that the
County has received 500.000 cubic yards of OCS sand resources.or, (2)three years from the
date of execution of this Lease, whichever occurs first. Upon request by the County, the
parties may agree to extend the terms of the Lease as necessary to provide the County and its
contractors(s) with additional time to complete the Project. The parties acknowledge that
there may be a need for future OCS sand resources for periodic maintenance, augmentation,
or construction purposes. BOEM and the County may enter into subsequent agreements, for
the use of OCS sand resources for the Project, consistent with each Party's responsibilities
under applicable law.
C. BOEM and the County, recognize that planning and coordination among the Parties will
ensure that responsibilities under OCSLA and other applicable Federal laws, are carried out
and accommodated in an efficient and timely manner so that the project schedule will not be
unnecessarily delayed or compromised. Both parties recognize that BOEM, as a Bureau in
DOI, has certain responsibilities for the orderly, timely. and efficient recovery of OCS
minerals using the best available and safest technology while ensuring environmental
stewardship and compliance. With respect to the Project. BOEM and the County agree to the
following terms:
/—■
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•
1. Plans and Performance Requirements
The County will ensure that all operations at Borrow Area T-1 are conducted in accordance with
the final approved -Construction Solicitation and Specifications Plan" (the 'Plan-) and all terms
and conditions in this Lease, as well as all, applicable statutes. regulations, orders, and any
guidelines or directives specified or referenced herein. The County will send BOEM a copy of
the Plan and any modifications when available. The County will allow BOEM to review and
comment on modifications to the Plan that may affect the project area, including the use of
submerged or floated pipelines to directly convey OCS sand resources from the borrow area to
the placement site. Said comments will be delivered in a timely fashion in order to not unduly
delay the County's construction contract or schedule.
The County will ensure that all operations at Borrow Area T-1 are conducted in accordance with
the final approved Plan and all terms and conditions in this Lease, as well as all applicable
statutes, regulations, orders, and an ' or directives specified or referenced herein are
met.
The dredging and/or conveyance methods from Borrow Area T-I will be consistent with the
project proposal analyzed in the supporting NEPA documents, and the method identified in other
authorizing documents and all associated state and Federal permits. If dredging and/or
conveyance methods are not wholly consistent with those evaluated in the relevant NEPA
documents and environmental and cultural resource consultations, and those authorized by the
USACE and state permits, additional environmental review may be necessary. If additional
NEPA analysis. consultations.coordination, and/or Federal or state permits require modification
of the Lease. an amendment may be required.
Prior to the commencement of construction, the County will provide a summary of the
construction schedule. consistent with Paragraph 14. The County. at the reasonable request of
BOEM or the Bureau of Safety and Environmental Enforcement (BSEE), will allow access, at
the site of any operation subject to environmental and safely regulations, to any authorized
Federal inspector and must provide BOEM or Bsrp. with any documents and records that are
pertinent to occupational or public health, safety, or environmental protection. conservation of
natural resources,or other use of the OCS. as may be requested.
2. Endangered Species Act (ESA) Compliance with the NMFS Biological Opinion and
Incidental Take Statement/Recommendations
BOEM is the lead agency cm behalf of the Federal Government to ensure the Project complies
with all terms, conditions, and recommendations of the NMFS Biological Opinion (dated
August 13, 2013. available online at http://www.boem.goviCollicr-Couritv-B0/). For all
activities undertaken pursuant to the Project. the County agrees to implement all terms
conditions, and recommendations in the NMFS Biological Opinion, which are summarised as
provided in Attachment 3 of this Lease; to the extent the summaries or this Lease differ from or
conflict with the Biological Opinion, the Biological Opinion governs Further for all activities
undertaken pursuant to the Project. the County agrees to implement all terms, conditions and
recommendations in NMFS 2003 Gulf of Mexico Regional Biological Opinion (GRBO) issued
to the U.S. Army Corps of Engineers and incorporated in the 2013 Biological Opinion. The
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GRBO is also described in Attachment 3. The County agrees that it will consult with BOEM
prior to commencing operation if it has any questions about the application of the GRBO. The
County will instruct its contractor(s) to implement those mitigation terms. conditions. and
measures required or recommended by NMFS in the Biological Opinion. In the event that the
contractor is not able to provide the required inspection of the turtle deflector equipment, the
County will notify BOEM prior to conducting the activity and the County will be required to
retain a NMFS-approvcd third-party contractor to perform the inspection. In addition to any
reporting requirements or recommendations in the Biological Opinion, copies of all relevant
correspondence. monitoring, and reporting must be provided to BOEM within 14 days of
issuance at dredeeiniO(a}hoem.go.. The County agrees to respond to all reasonable requests
from and cooperate with BOEM and NMFS in meeting their obligations under the ESA.
In the event of any collision with or injury of a threatened or endangered species, including but
not limited to sea turtles. the County and/or its contractor(s) must stop all dredging operations
and immediately contact the NMFS Protected Resources Division (727-824-5312 or
takereport.nmfsser@noaa.gov). the local authorized sea turtle stranding/rescue organization
(http://www.sefsc.noaa.gov/species/turties/strandings.htin). and BOEM (dredgeinfofalboem.go.
and 703-787-1215).
The County acknowledges and agrees that. even where it is otherwise in compliance with the
terms and conditions of this Lease and other required authorizations, incidental take of sea turtles
or other endangered species by the County or its authorized contractors, within Federal waters,
may require suspension of the Lease by BOEM and reinitiation of consultation with NMFS. The
amount and severity of incidental take that will trigger suspension, and the need for any such
suspension or reinitiated consultation, will be determined at the sole discretion of BOEM.
Depending on the results of an assessment of the take or reinitiated consultation. BOEM in its
sole discretion may reinstate the Lease, revoke and terminate the Lease, negotiate with the
Count) an amendment to the existing Lease, or enter into a new Lease with additional terms and
conditions to protect threatened and endangered species. The County understands and agrees on
behalf of itself, its agents. contractors, and other representatives, that no claim, legal action in
equity for damages, adjustment, or other entitlement against BOEM will arise as a result of any
suspension or related action.
3. Environmental Compliance
BOEM must ensure that the project complies with applicable environmental laws, including but
not limited to ESA, VISA. NHPA. and CZMA. The County agrees to include in its Plan and
implement all proposed avoidance and minimization measures identified and analyzed in the
associated NEPA documents for this project (see Environmental Assessment for the Issuance of a
Non-Competitive Lease for Use of Outer Continental Shelf Sands.* the Collier Courtly Beach
Renourishmeni Project. Collier Count.v. Florida (July 2013), pp. 63:, available at
http://wwv..boem.gov/Collier-County-EA-Attachments4
To minimize the severity of benthic impacts, the County will require dredge contractors to leave
undisturbed space between the dredge cuts to allow the relatively intact benthic communities
between the furrows to be a source of colonists to adjacent disturbed areas.
t'"■
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The County is responsible for compliance with all Federal and state permits related to the
Project, including but not limited to implementation of sediment compatibility and compaction
monitoring, sea turtle conditions, marine mammal special conditions, and seasonal construction
windows. Construction will not commence until the pre-construction requirements have been
completed. Additionally, the County will require its contractor(s) to implement the mitigation
terms, conditions and measures required by NIVIFS, U.S. Fish and Wildlife Service, Florida
Department of Environmental Protection, the USACE, and BOEM, as appropriate, pursuant to
applicable Federal and state laws and regulations. In addition to the requirements identified in
this Lease, required mitigation terms, conditions, and measures are reflected in the Biological
Opinion (summarized in Attachment 3) and Conservation Recommendations. Copies of all
relevant correspondence. monitoring, and reporting must be provided to BOEM within fourteen
(14) days of issuance at dredgeinfordboentgor(including but not limited to observer and dredge
reports).
4. Pre-and Post-Construction Notification of Activity in or near the Borrow Area
The County will invite BOEM to attend a pre-construction meeting that describes the County's
and/or its agents' plan and schedule to construct the Project.
The County, after receiving notification from its contractor(si, will notify BOEM at
dredgeinfoiiitboem.gov within 72 hours prior to the commencement, and no later than 24 hours
after termination, of operations at Borrow Area T-1. BOEM will notify the County in a timely
manner of any OCS activity within the jurisdiction of the DOI that may adversely affect the
County's ability to use OCS sand for the Project
S. Dredge Positioning
During all phases of the Project. the County will ensure that the dredge and any bottom-
disturbing equipment is outfitted with an onboard global positioning system (CPS) capable of
maintaining and recording location within an accuracy range of no more than plus or minus
3 meters. The GPS must be installed as close to the cutterhead or draghead as practicable.
During dredging operations, the County and/or its agents will immediately notify BOEM at
tired peinicathoern_env if dredging occurs outside of the approved borrow area.
Anchoring, spudding, or other bottom-disturbing activities are not authorized outside of the
approved borrow area on the OCS, except when there are immediate concerns regarding safety,
navigation risks,or emergency situations.
The County and/or its agents will provide BOEM all appropriate Dredging Quality Management
(DQM) or other equivalent data acquired during the project using procedures jointly developed
by BOEM and the USACE's National DQM Program Support Center. The County will submit
the DQM or other equivalent data, including draghead, cutterhead, or other hydraulic or
mechanical dredging device biweekly to dredgeinfoOvb_ Lnt.lov. A summary dataset will be
submitted within 90 days of completion of the Project. If available, the County will also submit
Automatic Identification System (MS) data for vessels qualifying under the International
Maritime Organization's(IMO) International Convention for the Safety of Life at Sea.
6. Submittal of Production and Volume Information
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The County and/or its agents,in cooperation with the dredge operator, will submit to BOEM on a
biweekly basis a summary of the dredge track lines, outlining any deviations from the original
Plan. A color-coded map of the draghead. eutterhead or other hydraulic or mechanical dredging
device will be submitted, showing any horizontal or vertical dredge violations. The dredge track
lines will show dredge status, including: hatching. dredging, transiting, and pump-out. This
map will be provided in PDF format.
The County and/or its agents will provide at least a biweekly update of the construction progress
including estimated volumetric production rates to BOEM. The biweekly deliverables will be
provided electronically to dredueinfoahoem_gov. The project completion report, as described
below in Paragraph 11, will also include production and volume information, including Daily
Operational Reports.
7. Local Notice to Mariners
The County and/or its agents must require its contractor(s) for the Project to place a notice in the
U.S. Coast Guard Local Notice to Mariners regarding the timeframe and location of dredging
and construction operations in advance of commencement of dredging.
8. Marine Pollution Control and Contingency Plan
The County and/or its agents must require its contractor(s) and subcontractor(s) to prepare for
and take all necessary precautions to prevent discharges of oil and releases of waste and
,•••■ hazardous materials that may impair water quality. In the event of a discharge, release, or
incident, notification and response must be in accordance with applicable requirements of
40 CFR part 300. All dredging and support operations must be compliant with U.S. Coast Guard
regulations and the U.S. Environmental Protection Agency's Vessel General Permit, as
applicable. The County and/or its agents must notify BOEM of any noncompliant discharges,
releases, or incidents and subsequent remedial actions taken, and provide copies of all reports of
the incident and resultant actions electronically.
9. Bathymetric Surveys
The County and/or its agents will provide BOEM with pre- and post-dredging bathymetric
surveys of Borrow Area T-1. The pre-dredging survey will be conducted within 60 days prior to
dredging. The post-dredging survey will be conducted within 60 days after the completion of
dredging. If. within the next I to 3 years, the County conducts any bathymetric surveys of
Borrow Area T-1 copies of the survey(s)will be provided to BOEM. Hydrographic surveys will
be performed in accordance with the US ACE Hydrographic Surveying Manual EM 1110-2-
1003, providing 100 percent seamless coverage using interferometric swath or multibeam
bathymetry, All bathymetric data will be roll, pitch, heave, and tide corrected using accepted
practices. Three equidistant cross-tie lines will be established parallel to the same baseline. All
survey lines will extend at least 50 meters beyond the edge of the dredge areas, All data will be
collected in such a manner that post-dredging bathymetry survey data is compatible with the pre-
dredging bathymetric survey data to enable the latter to be subtracted from the former to
calculate the volume of OCS sand resources removed. the shape of the excavation and nature of
post-dredging bathymetric change.
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Copies of pre- and post-dredging hydrographic data will be submitted to BOEM via
dredgeinfo:tilhoetn.gov within thirty (30) days after each survey is completed. The delivery.
format for data submission is an ASCII file containing x, y. and z data. The horizontal data will
be provided in the North American Datum of 1983 (NAD '83) Florida State Plane. U.S. survey
feet. Vertical data will be provided in the North American Vertical Datum of 1988 (NAVE) '88),
U.S. survey feet unless otherwise specified. An 8.5-x-11-inch plan view plot of the survey track
points, as well as contour lines, will be provided at appropriate elevation intervals. These plots
will be provided in PDF format. Survey metadata will also be provided.
10. Archaeological Resources
Onshore Prehistoric or Historic Resources.
If the County discovers any previously unknown historic or archaeological resources while
accomplishing the project nearshore of or in the vicinity of Vanderbilt Beach. Pelican Bay. Park
Shore. or Naples Beach. Collier County will notify BOEM of any finding. The County will
initiate the Federal and state coordination required to determine if the resources warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places, and
appropriate action for the resolution of adverse effects.
OffShore Prehistoric or Historic Resources
In the event that the dredge operators discover any archaeological resources while conducting
dredging operations in the borrow area or in the vicinity of pump-out operations, the County will
require that dredge and/or pump-out operations be halted immediately within 305 meters
(1,000 feet) of the area of discovery. The County will immediately report the discovery to Chief.
Division of Environmental Assessment, BOEM, at (703) 787-1660. If investigations determine
that the resource is significant. the Parties will together determine the necessary further action
required and how best to protect the resources.
11. Project Completion Report
Consistent with Paragraph 14. a project completion report will be submitted by the County to
BOEM within 90 days following completion of the activities authorized under this Lease. This
report and supporting materials must be sent in writing and electronically to: Chief. Marine
Minerals Branch, BOEM. 381 Elden Street, HM 3120. Herndon, Virginia 20170 and
dredgeinfo'wboentgo\. The report must contain, at a minimum,the following information:
• the names and titles of the project managers overseeing the effort (for the County. the
engineering firm (if applicable), and the contractor),including contact information
(phone numbers, mailing addresses, and email addresses):
• the location and description of the project. including as-built features, boundaries and
acreage, the constructed beach width and length.the final total volume of material
extracted from the borrow area and the volume of material actually placed on the beach
or shoreline(including a description of the volume calculation method used to determine
these volumes):
P'"'■
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10.
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• DQM or equivalent data,in ASCII tiles containing the x,y,z and time stamp of the
cutterhead or drag arm locations;
• a listing of construction and construction oversight information,including the prime and
subcontractors). contract costs.other relevant construction information:
• a list of all major equipment used to construct the project;
• a narrative discussing the construction sequences and activities, and.if applicable.any
problems encountered and solutions;
• a list and description of any construction change orders issued. if applicable;
• a list and description of any safety-related issues or accidents reported during the life of
the project:
• a table.an example of which is illustrated below-, showing the various ke) project cost
elements:
I Cost Incurred as of
Item Construction Completion
(S)
Construction
Engineering and Design
Inspections/Contract
Administration
Total _ I
• a table., an example of which is illustrated below, showing the various items of work
construction and final quantities;
item Item Estimated Final
uantitu Qusntth
I Mobilization and I I
Demobilization
2 I Beach Fill
3 Any beach or
offshore hard
structure placed or
removed
• a narrative and any appropriate tables describing any environmental surveys or efforts
associated with the project and costs associated with these surveys or efforts;
• a table listing significant construction dates beginning with bid opening and ending with
final acceptance of the project by the County;
• digital data containing the as-built drawings,beach-till cross-sections,and survey data;
• any additional pertinent comments.
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12.Reporting Compliance
The County and/or their agents will designate. in advance of construction. a single point-of-
contact responsible for facilitation of compliance with all Lease requirements. BOEM also
requests the County designate a back-up contact, should the original contact be unavailable. The
contact information will be provided to BOEM at dredeeinfo(iiiboerri.sioN at least 30 days in
advance of dredging and construction operations.
The Parties will attempt to reasonably comply with the provisions of this Lease. Should there be
an allegation of a failure to comply. the noncompliance will be corrected as soon as possible
and/or resolved jointly among BOEM and the County. including through the dispute resolution
process identified in Paragraph 15,as necessary.
13. Responsibilities
As between BOEM and the County, the County assumes all responsibility for the Project,
activities authorized under this Lease, and the determination of the suitability of OCS sand
resources for these purposes. BOEM does not warrant that the OCS sand resources used in this
Project are suitable for the purpose for which they are intended by the County, and BOEM
disclaims any and all responsibility for the physical and financial activities undertaken by the
County or any other panics in pursuit of the Project,
14.Sharing of Information
Consistent with the purpose stipulated by the Parties in this Lease. and to the extent allowed by
law,policy, and regulation. the County and BOEM agree to(1) share all information needed for
or generated from the Project, including the sharing of implementation and other applicable
schedules; (2) provide such information to the requesting agency as expeditiously, as possible;
and(3)work to ensure that all required completion report information is received.
15.Resolution of Disputes
The Parties agree to make every attempt to settle any disputes regarding this Lease at the lowest
operational level possible. In the ease of(I)a substantial disagreement between BOEM and the
County with respect to any aspect of 13OBM's authorization of the use of OCS sand resources in
accordance with the terms and conditions as specified or(2)any alleged breach by a Party of the
terms and conditions as specified herein. the undersigned will designate a senior management
official in their respective organization to state the area(s) of disagreement or alleged breach in
writing and present such statement to the other Party for consideration. If resolution is not
reached within 60 days, the undersigned will request the active participation of the County
Manager, Collier County and the Deputy Director, BOEM.
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16.Notices
Except as otherwise provided herein. all notices relating to this Lease or activities authorized
hereunder by or among the Parties must be provided to the following addresses:
To Collier County:
Leo E.Ochs,
County Manager
Collier County Government
3299 Tamiami Trail East. Suite 202
Naples, FL 34112-5746
Gary McAlpin
Coastal Projects Manager
Collier County Government
2800 N. Horseshoe Drive
Naples.Florida 34104
To BOEM:
Jeffrey Reidenauer
Chief.Marine Minerals Branch
Bureau of Ocean Energy Management
381 Elden Street
HM 3120
Herndon, Virginia 20170
All electronic notifications submissions and deliverables to BOEM should he sent to
dredgeinfoia)boem.gov.
17.Miscellaneous
This Lease does not affect any preexisting or independent relationships or obligations among the
Parties including any other relationships or obligations between BOEM and the Courn y. or any
other units of such Departments or agencies.
All rights in the borrow area not expressly granted to the County by this Lease are hereby
reserved to BOEM. BOEM reserves the right to authorize other uses in the borrow area that will
not unreasonably interfere with activities authorized under this Lease. BOEM will allow the
County to review and comment on any proposed authorizations for the use of OCS sand
resources in the borrow area while this Lease is in effect.
Nothing herein is intended to conflict with current BOEM, other Federal, state, or County
statutes, regulations or ordinances. 11 the terms of this Lease are inconsistent with existing
statutes, regulations or ordinances of either of the Parties entering into this Lease, then those
portions of this Lease that are determined to he inconsistent will be invalid, but the remaining
terms and conditions not affected b the inconsistency will remain in full force and effect. At the
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first opportunity for review of the Lease, all necessary changes will be accomplished either by an
amendment to this Lease or by entering into a new Lease, whichever is deemed expedient to the
interests of the Parties.
This agreement may be executed in two (2) or more counterparts, each of which will be deemed
an original. The signatures to this agreement may be executed on separate pages, and when
attached to this agreement, will constitute one complete document.
The remainder of this page intentionally left blank.
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LEASE BETWEEN
THE BUREAU OF OCEAN ENERGY MANAGEMENT'
OF THE DEPARTMENT OF THE INTERIOR
AND
COLLIER COUNTY,FLORIDA
REGARDING THE USE OF OUTER CONTINENTAL SHELF
SAND RESOURCES FOR BEACH RENOURISHMENT
IN COLLIER COUNTY, FLORIDA
BOEM Negotiated Agreement No. OCS-G 35160
L. Renee Orr Tint Nance
Chief, Office of Strategic Resources Chairman
Bureau of Ocean Energy Management Collier County Board of Commissioners
Dcpartrnent of the Interior Collier County, Florida
Date: Date:
ATTEST:
DWIGHT E. BROCK, Clerk
By:
wwwwwww•■=41..111.01IIMMIONNIMNIMMOMMIIIIIIMINIM111....1..1■11
Approved as to form and legality
7Th
Assistant County Attorney
Page 13 of 30
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LEASE BETWEEN
THE BUREAU OF OCEAN ENERGY MANAGEMENT
OF THE DEPARTMENT OF THE INTERIOR
AND
COLLIER COUNTY,FLORIDA
REGARDING THE USE OF OUTER CONTINENTAL SHELF
SAND RESOURCES FOR BEACH RENOURISHMENT
IN COLLIER COUNTY,FLORIDA
BOEM Negotiated Agreement No, OCS-G 35160
.
L. Renee Orr Tim Nance
Chief,Office of Strategic Resources Chairman
Bureau of Ocean Energy Management Collier County Board of Commissioners
Department of the Interior Collier County. Florida
Date: Date:
ATTEST:
DWIGHT E. BROOK, Cierk
BY;
Approved as to form and legality
i
Assistant County Attorney
Page 13 of 30
Packet Page -518- CO
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LEASE BETWEEN
THE BUREAU OF OCEAN ENERGY MANAGEMENT
OF THE DEPARTMENT OF THE INTERIOR
AND
COLLIER COUNTY,FLORIDA
REGARDING THE USE OF OUTER CONTINENTAL SHELF
SAND RESOURCES FOR BEACH RENOURISHMENT
IN COLLIER COUNTY, FLORIDA
BOEM Negotiated Agreement No.OCS-G 35160
L. Renee Orr Tim Nance
Chief,Office of Stratecie Resources Chairman
Bureau of Ocean Energy Management Collier County Board of Commissioners
Department of the Interior Collier County. Florida
Date: Date:
NrrE
DWIGHT E. BROCK Clan.
By:
Approved as to form and legality
Assistant County Attorney
Page 13 of 30
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LEASE BETWEEN
THE BUREAU OF OCEAN ENERGY MANAGEMENT
OF THE DEPARTMENT OF THE I.NTERIOR
AND
COLLIER COUNTY,FLORIDA
REGARDING THE USE OF OUTER CONTINENTAL SHELF
SAND RESOURCES FOR BEACH RENOURISHMENT
IN COLLIER COUNTY, FLORIDA
BOEM Negotiated Agreement No. OCS-C 35160
L. Renee Orr 'Tim Nance
Chief,Office of Strategic Resources Chairman
Bureau of Ocean Energy Management Collier County Board of Commissioners
Department of the Interior Collier County, Florida P""■
Datc: Date:
ATTEST:
DWIGHT E. BROCK, clerk
By:
Apon:wed as to form and legality
C., .
Assistant County Attorney
Paue 13 of 30
\„.....
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I
Page 14 of 30
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Attachment 2—Map Showing Location of Sand Placement Sites
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Attachment 3—Summary of Final Biological Opinion
Summaries' of ESA Section 7 Conditions per NMFS Biological
Opinion dated August 13, 2013
Conditions written for BOEM per the August 13,2013 Biological Opinion entitled "Lease
of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier
County Beach Renourishment Project (Consultation Number SER 2012-4274)'
(http://www.boem.gov/N on-Ene rgy-Minerals/:Marine-Mineral-Projects.aspx):
Incidental Take
Sea Turtles
Based on historical distribution data, hopper dredge observer reports, nesting data, relocation
trawling information, and observations of past strandings, loggerhead, Kemp's ridley, and green
sea turtles may occur in the action area and may be taken by the relocation trawling or hopper
dredging operations in federal waters for this project. NMFS anticipates that documented (i.e.,by
onboard observers) incidental take in federal waters, by hopper dredge entrainment, will consist
of 2 sea turtle mortalities (either 2 loggerheads or 1 loggerhead and 1 Kemp's ridley). NMFS
also anticipates the non-injurious incidental take, by relocation trawling, of 100 sea turtles (75
loggerheads, 10 Kemp's ridleys. and 15 green sea turtles) during the 120 days of the hopper
dredging in federal waters.
Takes by Hopper Dredge Takes by Relocation Trawling
Species Observed Take# Species Observed Take#
Loggerhead Loggerhead 75
OR Kemp's ridley 10
Loggerhead 1 Green 15
Kemp's ridley 1
Total 2 * Total 100*
*Does not account for 2 unobserved takes that *No lethal take authorized for relocation
NMFS assumes will be loggerheads trawling
1.. The following terms and conditions implement the Reasonable and Prudent
Measures (RPM):
1.. An endangered species project report summarizing the results of the dredging and the sea
turtle take (if any) must be submitted to BOEM within 30 working days of completion. Reports
shall contain information on project location, start-up and completion dates, cubic yards of
material dredged, problems encountered, incidental takings (include photographs, if available)
and sightings of protected species, mitigative actions taken (if relocation trawling, the number
and species of turtles relocated), screening type (inflow, overflow) utilized, daily water
temperatures, name of dredge, names of endangered species observers, percent of observer
I Attachment 3 is a summary provided for your reference:to the extent it differs or conflicts with the Biological
Opinion, the terms and conditions of the Biological Opinion govern,
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•
coverage, and any other information the BOEM and/or contractor deems relevant. This report
must be provided to NMFS's Protected Resources Division (PRD) at the address provided in
RPM 1 of the Biological Opinion and notification of take shall be provided to NMFS at the
following c-mail address within 24 hours, referencing the present opinion by NMFS identifier
number (SER-2012-9274), title, and date: takereport.nmfsser @noaa.gov. BOEM will provide
NMFS's Southeast Regional Office (address provided in RPM 1 of the Biological Opinion) with
an end-of-project relocation trawling report within 30 days of completion of any relocation
trawling. This report may be included within the project report (sec RPM 1).
2. Collier County shall notify BOEM of the start-up and completion of hopper dredging
operations and ask to be notified of any sea turtle strandings in the project area that, in the
estimation of the Sea Turtle Stranding and Salvage Network (STSSN) personnel, bear signs of
potential draghead impingement or entrainment. information on any such strandings shall be
reported in writing within 30 days of project end to BOEM, or included in the project report (see
Term and Condition# I).
3. Collier County shall arrange for NMFS-approved protected species observers to be aboard the
hopper dredge to monitor the hopper bin, screening. and dragheads for sea turtles and their
remains. For the proposed action, 100 percent observer monitoring is required. Beach observers
cannot be used in place of shipboard observers for hopper dredging of borrow areas (see RPM
2).
4. Relocation trawling is required to commence 24 hours prior to dredging and will continue
throughout the dredging portion of the project(see RPM 3).
5. The following conditions must be observed during relocation trawling(see RPM 3):
a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors
out) and trawl speeds shall not exceed 3.5 knots.
b. Handling during Trawling: Sea turtles and smalltooth sawtish2 captured pursuant to
relocation trawling shall be handled in a manner designed to ensure their safety and viability, by
implementing the measures below.
c. Captured Turtle Ilolding Conditions: Captured turtles shall be kept moist, and shaded
whenever possible. until they are released. They may be held for up to 24 hours if opportunistic,
ancillary, "piggy-back" research (e.g., opportunistic satellite tagging) is proposed. NMFS
encourages Collier County to make fuller use of protected species taken during hopper dredging
and relocation trawling by allowing and encouraging duly permitted "piggy-back" research
projects on protected species taken during these activities(In accordance with the GRBO's T&C
15-d,Conservation Recommendation 5, as summarized below).
d. Weight and Size Measurements: All turtles shall be measured (standard carapace
measurements including body depth) and tagged (Passive Integrative Transponder [PIT] or
Inconel), and weighed prior to release when safely possible; smalltooth sawfish shall be
2 Although smalltooth sawfish trawl captures are not expected,these terms and conditions are included for such an
eventuality. Any take of sawfish would require immediate reinitiation of consultation with NMFS.
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measured (fork length and total length)and— when safely possible—tagged,weighed, and a tissue
sample taken prior to release. Only NMFS-approved observers or observer candidates in training
under the direct supervision of a NMFS-approved observer may conduct the
tagging/measuring/weighing/tissue sampling operations.
Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to
release with external tags which shall be obtained prior to the project from the University of
Florida's Archie Carr Center for Sea Turtle Research. This Biological Opinion serves as the
permitting authority for any NMFS-approved endangered species observer a relocation trawler to
flipper-tag with external tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other
organisms living on external sea turtle surfaces may also be sampled and removed under this
authority.
PIT Tagging and Scanning: All sea turtles captured by relocation trawling or dredges shall be
thoroughly scanned for the presence of PIT tags prior to release using a scanner powerful enough
to read dual frequencies (125 and 134 kHz)and read tags deeply embedded deep in muscle tissue
(e.g., manufactured by Biomark or Avid). Turtles which have been previously PIT tagged shall
never-the-less be externally flipper tagged. The data collected (PIT-tag scan data and external
tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast
Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149.
All data collected shall be submitted in electronic format within 60 working days to
Lisa.Belskis®noaa.gov. P1T tagging may only be conducted by observers with PIT-tagging
training or experience. This Biological Opinion provides the authority to NMFS-approved
observers to PIT tag captured sea turtles without the need for an ESA Section 10 permit.
e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than
12 hours prior to release (except as noted in 5.c. above) and shall be released not less than 3
nautical miles(nm) from the dredge site. Recaptured turtles shall be released not less than 5 nm
away and shall be released over the side of the vessel, away from the propeller, and only after
ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). If
it can be done safely, turtles may be transferred onto another vessel for transport to the release
area to enable the relocation trawler to keep sweeping the dredge site without interruption.
f. Take and Release Time During Trawling — Smalltooth Sawfish: Smalltooth sawfish
shall be released immediately after capture. away from the dredge site or into already dredged
areas,unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank (e.g.,
plastic "kiddie pool" not less than 1ft in depth by 5 ft in diameter), where a maximum of one
sawfish may be held for not longer than 30 minutes before it must be released or relocated away
from the dredge site.
g. Injuries and Incidental Take Quota: Any protected species injured or killed during or
as a consequence of relocation trawling shall count toward the incidental take quota. Minor skin
abrasions resulting from trawl capture arc considered non-injurious and still count towards the
non-injurious incidental take quota. Injured sea turtles shall be immediately transported by
Collier County and/or its representative at its xpense to the nearest sea turtle rehabilitation
facility; all rehabilitation costs and sea turtle transportation costs shall be borne by Collier
County.
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h. CMTTP: External flipper tag and PIT-tag data generated and collected by relocation
trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP),
on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle
Research.
i. Tissue Sampling: All live or dead sea turtles captured by relocation trawling or
dredging shall be tissue-sampled prior to release, according to the protocols described in
Appendix II or Appendix Ill of the November 19, 2003, Gulf of Mexico Regional Biological
Opinion on Hopper Dredging, as revised through Revision No. 2, included as Appendix 1 of the
Biological Opinion. Tissue samples shall be sent within 60 days of capture to: NOAA, National
Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis. 75 Virginia
Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format
within 60 working days to Lisa.Belskis @noaa.gov. The present opinion to BOEM serves as the
permitting authority for any NMFS-approved endangered species observers aboard relocation
trawlers or hopper dredges to tissue sample live- or dead-captured sea turtles, without the need
for an ESA Section 10 permit.
6. For the proposed action, 100 percent shipboard observer monitoring is required year-round. If
conditions disallow 100 percent inflow screening, inflow screening can be reduced gradually, but
100 percent overflow screening is required, and an explanation must be included in the project
report. The hopper's inflow screens should have 4-inch by 4-inch screening. If BOEM, in
consultation with observers and the draghead operator, determines that the draghead is clogging
and reducing production substantially, the screens may be modified sequentially: mesh size may
be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings.
NMFS believes that this flexible, graduated-screen option may be necessary since the need to
constantly clear the inflow screens will increase the time it takes to complete the project;
therefore, it will increase the exposure of sea turtles to the risk of impingement or entrainment
Inflow screen clogging should be greatly reduced with these flexible options; however, further
clogging (e.g., as when encountering heavy clay or debris) may compel removal of the inflow
screening altogether, in which case effective 100 percent overflow screening is mandatory.
Collier County shall notify BOEM beforehand if inflow screening is going to be reduced or
eliminated, and provide details of how effective overflow screening will be achieved. No action
to increase inflow screening should be completed until Collier County has BOEM/NMFS
approval. NMFS, in consultation with the dredging company, Collier County, and BOEM, shall
determine what constitutes effective overflow screening(RPM 4).
2. Collier County has further agreed to comply with ortions of the NMFS' Sea Turtle
and Stnalltooth Sawfish Construction Conditions'(Appendix 3 of the "Lease of
Borrow Area Ti to the Collier County Parks and Recreation Department for the
Collier County Beach Renourishment Project (Consultation Number SER-2012-
9274)):
The permittee (i.e., Collier County and its agents and contractors) shall comply with the
following protected species construction conditions:
Note that these conditions exclude the Incidental Take Statement provided in the document.
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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.
3. Collier County will comply with the reasonable and prudent measures, and
implementing terms and conditions, of NMFS' 2003 Gulf of Mexico regional
biological opinion(GRBO) to the United States Army Corps of Engineers (USACE),
as amended through Revision 2 dated January 9, 2007 (Appendices 1 and 2 of the
"Lease of Borrow Area Tl to the Collier County Parks and Recreation Department
for the Collier County Beach Renourishment Project (Consultation Number SER-
2012-9274)"):
I. Hopper Dredging: Hopper dredging activities in Gulf of Mexico waters from the
Mexico-Texas border to Key West, Florida, up to one mile into rivers shall be completed,
whenever possible, between December 1 and March 31, when sea turtle abundance is lowest
throughout Gulf coastal waters. Hopper dredging of Key West channels are covered by the
existing September 25, 1997, RBO to the [USACFJ's South Atlantic Division (SAD). �.
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2. Non-hopper Type Dredging: Pipeline or hydraulic dredges, because they are not
known to take turtles, must be used whenever possible between April 1 and November 30 in
Gulf of Mexico waters up to one mile into rivers. This should be considered particularly in
channels such as those associated with Galveston Bay and Mississippi River- Gulf Outlet (MR-
GO), where lethal takes of endangered Kemp's ridleys have been documented during summer
months, and Aransas Pass, where large numbers of loggerheads may be found during summer
months. In the MR-GO, incidental takes and sightings of threatened loggerhead sea turtles have
historically been highest during April and October.
3. Annual Reports: The annual summary report, discussed below (No. 9), must give a
complete explanation of why alternative dredges (dredges other than hopper dredges) were not
used for maintenance dredging of channels between April and November.
4. Observers: The County shall arrange for NMFS-approved protected species observers
to be aboard the hopper dredges to monitor the hopper bin, screening, and dragheads for sea
turtles and Gulf sturgeon and their remains.
a. Brazos Santiago Pass east to Key West, Florida: Observer coverage sufficient
for 100% monitoring (i.e., two observers) of hopper dredging operations is required
aboard the hopper dredges year-round from Brazos Santiago Pass to (not including) Key
West, Florida, between April 1 and November 30, and whenever surface water
temperatures are 11 degrees C or greater.
b. Observer coverage of hopper dredging of sand mining areas shall ensure 50%
monitoring(i.e., one observer).
c. Observers are not required at any time in Mississippi River - Southwest Pass
(MRSWP).
5. Operational Procedures: During periods in which hopper dredges are operating and
NMFS-approved protected species observers are not required (as delineated in No. 4 above),the
County must:
a. Advise inspectors. operators, and vessel captains about the prohibitions on
taking, banning,or harassing sea turtles.
b. Instruct the captain of the hopper dredge to avoid any turtles and whales
encountered while traveling between the dredge site and offshore disposal area, and to
immediately contact the County if sea turtles or whales are seen in the vicinity.
c. Notify NMFS if sea turtles are observed in the dredging area, to coordinate
further precautions to avoid impacts to turtles.
d. Notify NMI:'S immediately by phone (727/824-5312), fax (727/824-5309), or
electronic mail (takereport.nmfsseranoaa.gov) if a sea turtle or Gulf sturgeon or any
other threatened or endangered species is taken by the dredge.
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6. Screening: When sea turtle observers are required on hopper dredges, 100% inflow
screening of dredged material is required and 100% overflow screening is recommended. If
conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as
further detailed in the following paragraph, but 100%overflow screening is then required.
a. Screen Size: The hopper's inflow screens should have 4-inch by 4-inch
screening. If BOEM, in consultation with USACE, determines that the draghead is
clogging and reducing production substantially, the screens may be modified
sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then
12-inch by 12-inch openings. Clogging should be greatly reduced with these flexible
options; however, further clogging may compel removal of the screening altogether, in
which case effective 100% overflow screening is mandatory. The BOEM shall notify
NMFS beforehand if inflow screening is going to be reduced or eliminated, and provide
details of how effective overflow screening will be achieved.
b. Need for Flexible, Graduated Screens: NMFS believes that this flexible,
graduated screen option is necessary, since the need to constantly clear the inflow screens
will increase the time it takes to complete the project and therefore increase the exposure
of sea turtles to the risk of impingement or entrainment. Additionally, there are
increased risks to sea turtles in the water column when the inflow is halted to clear
screens, since this results in clogged intake pipes, which may have to be lifted from the
bottom to discharge the clay by applying suction.
c. Exemption - MR-SWP: Screening is not required at any time in Mississippi
River—Southwest Pass(MR-SWP).
7. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be
disengaged by the operator when the dragheads are not firmly on the bottom, to prevent
impingement or entrainment of sea turtles within the water column. This precaution is especially
important during the cleanup phase of dredging operations when the draghead frequently comes
off the bottom and can suck in turtles resting in the shallow depressions between the high spots
the draghead is trimming off.
8. Sea Turtle Deflecting Draghead: A state-of-the-art rigid deflector draghead must be
used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of
the year except that the rigid deflector draghead is not required in MR-SWP at any time of the
year
9. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be
faxed or e-mailed to NMFS' Southeast Regional Office [fax: (727) 824-5309; e-mail.:
takereport.nmfsser(a)noaa.gov] by onboard NMFS-approved protected species observers within
24 hours of any sea turtle, Gulf sturgeon, or other listed species take observed.
A preliminary report summarizing the results of the hopper dredging and any documented
sea turtle or Gulf sturgeon takes must be submitted to NMFS within 30 working days of
completion of any dredging project. Reports shall contain information on project location
(specific channel/area dredged), start-up and completion dates, cubic yards of material dredged,
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problems encountered, incidental takes and sightings of protected species, mitigative actions
taken(if relocation trawling, the number and species of turtles relocated), screening type (inflow,
overflow) utilized, daily water temperatures, name of dredge, names of endangered species
observers, percent observer coverage, and any other information BOEM deems relevant.
An annual report (based on fiscal year) must be submitted to NMFS summarizing hopper
dredging projects and documented incidental takes.
10. Sea Turtle and Gulf Sturgeon Strandings: The County or its designated representative
shall notify the Sea Turtle Stranding and Salvage Network (STSSN)state representative (contact
information available at: http://www.sefsc.noaa.goviseaturtleSTSSN.jsp) of the start-up and
completion of hopper dredging, bed-leveler dredging, and relocation trawling operations and ask
to be notified of any sea turtle strandings in the project area that, in the estimation of STSSN
personnel, bear signs of potential draghead impingement or entrainment, or interaction with a
bed-leveling type dredge. Similarly, BOEM shall notify NMFS SERO PRD of any Gulf
sturgeon strandings in the project area that, in the estimation of STSSN personnel, bear signs of
potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge.
Information on any such strandings shall be reported in writing within 30 days of project
completion to NMFS' Southeast Regional Office. Because the deaths of these turtles, if hopper
dredge or bed-leveler dredge related, have already been accounted for in NMFS' jeopardy
analysis,these strandings will not be counted against the [USACE)'s take limit.
11. Reporting- Strandings: BOEM shall provide NMFS' Southeast Regional Office with
an annual report detailing incidents,with photographs when available, of stranded sea turtles and
Gulf sturgeon that bear indications of draghead impingement or entrainment or any dredge-type
interaction. This reporting requirement may be included in the end-of-year report required in
Term and Condition No.9,above.
12. District Annual Relocation Trawling Report: BOEM shall provide NMFS' Southeast
Regional Office with end-of-project reports within 30 days of completion of relocation trawling
projects, and an annual report summarizing relocation trawling efforts and results within their
District. The annual report requirement may be included in the end-of-year report required in
Term and Condition No. 9,above.
13. Conditions Requiring Relocation Trawling: Handling of sea turtles and Gulf sturgeon
captured during relocation trawling in association with hopper dredging projects in Gulf of
Mexico navigation channels and sand mining areas shall be conducted by NMFS approved
protected species observers. Relocation trawling shall be undertaken by the County or its
contractor at all projects where any of the following conditions are met; however, other ongoing
projects not meeting these conditions are not required to conduct relocation trawling:
a. Two or more turtles are taken in a 24-hour period in the project.
b. Four or more turtles are taken in the project.
c. 75% of any of the incidental take limits, including per species limits, specified
in Section 8.1, has previously been met.
'Note that the Incidental"fake Statement and take limit of the CiRRO does not apply. The Incidental Take Statement and iimits
in the Biological Opinion summarized above apply to the project.
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14. Relocation Trawling Waiver: For individual projects BOEM may request by letter to
NMFS a waiver of part or all of the relocation trawling requirements. NMFS will consider these
requests and decide favorably if the evidence is compelling.
15. Relocation Trawling- Annual Take Limitss: Relocation trawling, and handling of
those captured threatened or endangered species by NMFS-approved protected species
observers, in association with all relocation trawling conducted or contracted by the four Gulf of
Mexico [USACEJ Districts to temporarily reduce or assess the abundance of these listed species
during, and in the 0-3 days immediately preceding, a hopper dredging or bed-leveling project in.
order to reduce the possibility of lethal hopper dredge or bed-leveler interactions, subject to the
following conditions:
a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in—
doors out) and trawl speeds shall not exceed 3.5 knots.
b. Handling During Trawling: Sea turtles and Gulf sturgeon captured pursuant to
relocation trawling shall be handled in a manner designed to ensure their safety and
viability, and shall be released over the side of the vessel, away from the propeller, and
only after ensuring that the vessel's propeller is in the neutral, or disengaged, position
(i.e., not rotating). Resuscitation guidelines are found in Appendix IV of the 2007 NMFS
BO.
c. Captured Turtle and Gulf Sturgeon Holding Conditions: Turtles and Gulf
sturgeon may be held briefly for the collection of important scientific measurements,
prior to their release. Captured sea turtles shall be kept moist, and shaded whenever
possible, until they are released, according to the requirements of Terms and Conditions
(T&C) 15-e, below. Captured Gulf sturgeon shall be held in a suitable wen-aerated
seawater enclosure until they are released, according to the conditions of T&C 15-f,
below.
d. Scientific Measurements: When safely possible, all turtles shall be measured
(standard carapace measurements including body depth), tagged. weighed, and a tissue
sample taken prior to release. When safely possible, all Gulf sturgeon shall be measured
(fork length and total length),tagged, weighed. and a tissue sample taken prior to release.
Any external tags shall be noted and data recorded into the observers log. Only NMFS-
approved protected species observers or observer candidates in training under the direct
supervision of a NMFS-approved protected species observer may conduct the
tagging/measuring/weighing/tissue sampling operations.
NMFS-approved protected species observers may conduct more invasive scientific
procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite
or radio transmitters, etc.) and partake in or assist in "piggy back" research projects but
only if the observer holds a valid federal sea turtle or Gulf sturgeon research permit (and
any required state permits) authorizing the activities, either as the permit holder, or as
s This GRBO included a take statement for relocation trawling which does not apply to activities conducted under
this Collier County Lease. Please see page 17 of this Lease for the takes anticipated for this project,as described in the BOEM-
1VMFS Biological Opinion specific to this Lease and activities conducted pursuant to this Lease.
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designated agent of the permit holder, and has first notified NMFS' Southeast Regional
Office, Protected Resources Division.
e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no
longer than 12 hours prior to release and shall be released not less than 3 (three) nautical
miles (nmi) from the dredge site. If two or more released turtles are later recaptured,
subsequent turtle captures shall be released not less than 5 (five) rani away. If it can be
done safely and without injury to the turtle, turtles may be transferred onto another vessel
for transport to the release area to enable the relocation trawler to keep sweeping the
dredge site without interruption.
f. Take and Release Time During Trawling- Gulf Sturgeon: Gulf sturgeon shall be
released immediately after capture, away from the dredge site or into already dredged
areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding
tank,container, trough, or pool where a maximum of one fish may he held for not longer
than 30 minutes before it must be released or relocated away from the dredge site.
g. injuries and Incidental Take Limits: Any protected species injured or killed
during or as a consequence of relocation trawling shall count toward the Gulf-wide limit
for injurious or lethal takes during relocation trawling (0-2 sea turtles and 0-1 Gulf
sturgeon per fiscal year). Minor skin abrasions resulting from trawl capture are
considered non-injurious. Injured sea turtles shall be immediately transported to the
nearest sea turtle rehabilitation facility.
h. Turtle Flipper External Tagging: All sea turtles captured by relocation trawling
shall be flipper-tagged prior to release with external tags which shall be obtained prior to
the project from the University of Florida's Archie Carr Center for Sea Turtle Research.
This opinion serves as the permitting authority for any NMFS-approved protected species
observer aboard these relocation trawlers to flipper-tag with external-type tags (e.g..
Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external
sea turtle surfaces may also be sampled and removed under this authority.
i. PIT Tagging. This opinion serves as the permitting authority for any NMFS
approved protected species observer aboard a relocation trawler to PIT-tag captured sea
turtles and Gulf sturgeon. PIT tagging of sea turtles and Gulf sturgeon is not required to
be done, if the NMFS-approved protected species observer does not have prior training or
experience in said activity; however, if the observer has received prior training in PIT
tagging procedures,then the observer shall PIT tag the animal prior to release(in addition
to the standard external tagging):
Sea turtle PIT tagging must then be performed in accordance with the protocol
detailed at NMFS' Southeast Fisheries Science Center's Web page:
http://www.sefsc.noaa.goviseaturtlefisheriesobserversjsp (See Appendix on SEFSC's
"Fisheries Observers" Web page);
Gulf sturgeon PIT tagging must then be performed in accordance with the
protocol detailed at the NMFS SERO PRD Web site address:
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http:itsero.nmfs.noaa,aov:priprotres.htm, PIT tags used must be sterile, individually-
wrapped tags to prevent disease transmission. PIT tags should be 125-kHz, glass-
encapsulated tags-the smallest ones made. Note: If scanning reveals a PIT tag and it was
not difficult to find then do not insert another PIT tag: simply record the tag number and
location, and frequency. if known. If for some reason the tag is difficult to detect (e.g.,
tag is embedded deep in muscle,or is a 400-kHz tag), then insert one in the other
shoulder.
j. Other Sampling Procedures: All other tagging and external or internal sampling
procedures(e.g., blood letting, laparoscopies.anal and gastric lavages,mourning satellite
or radio transmitters, etc.) performed on live sea turtles or live Gulf sturgeon are not
permitted under this opinion unless the observer holds a valid sea turtle sturgeon research
permit authorizing the activity. either as the permit holder, designated agent of the permit
holder.
k. PIT-Tug Scanning and Data Submission Requirements:All sea turtles and Gulf
sturgeon captured by relocation trawling or dredges shall be thoroughly scanned for the
presence of PIT tap prior to release using a multi-frequency scanner powerful enough to
read multiple frequencies (including 125-, 128-. 134-, and 400-kliz tags) and read tags
deeply embedded in muscle tissue (e.g., manufactured by Trovan. Biomark. or Avid).
Turtles whose scans show they have been previously PIT tagged shall nevertheless be
externally flipper tagged. Sea turtle data collected (PIT tag scan data and external
tagging data shall be submitted to NOAA. National Marine fisheries Service, Southeast
Fisheries Science Center, Attn: Lisa I3elskis, 75 Virginia Beach Drive, Miami, Florida
33149. All sea turtle data collected shall be submitted in electronic format within 60 days
of project completion to Lisi..,Belskis atnoaa gox and Sher-van.Ftape.rlwiinoaa.gos. Sea
turtle external flipper tog and PIT tag data generated and collected by relocation trawlers
shall also be submitted to the Cooperative Marine Turtle Tagging Program(CMTTP), on
the appropriate CM'I UP form, at the University of Florida's Archie Carr Center for Sea
Turtle Research.
Gulf sturgeon data (PIT tag scan data and external tagging data) shall be
submitted within 60 days of project completion to NOAA, National Marine Fisheries
Service, Protected Resources Division. 263 13th Avenue South, St. Petersburg, Florida
33701. or by fax: (727) 824-5309: or by e-mail: takereport.nmfsser"a nnaa goy, Attn: Dr.
Stephanie Bolden.
L Handling Fibropapillomazose Turtles: NMFS-approved protected species
observers are not required to handle or sample viral fibropapillomna tumors if they believe
there is a health hazard to themselves and choose not to. When handling sea turtles
infected with fibropapilloma tumors, observers must either 1) Clean all equipment that
comes in contact with the turtle (tagging equipment,tape measures,etc.) with mild bleach
solution, between the processing of each turtle or 2) maintain a separate set of sampling
equipment for handling animals displaying fibropapillama tumors or lesions.
16. Requirement and Authority to Conduct Tissue Sampling for Genetic Analyses: This
opinion serves as the permitting authority for any NMFS-approved protected species observer
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aboard a relocation trawler or hopper dredge to tissue-sample live- or dead captured sea turtles,
and live-or dead-captured Gulf sturgeon,without the need for an ESA section 10 permit
All live or dead sea turtles and Gulf sturgeon captured by relocation trawling and hopper
dredging (for both [USACE]-conducted and jUSACEJ-pertnitted activities) shall be tissue-
sampled prior to release. Sampling shall continue uninterrupted until such time as NMFS
determines and notifies the fUSACE1 in writing that it has sufficient samples from specific areas
across the Gulf of Mexico in order to obtain reliable genetic information on the nesting or sub-
population identity of sea turtles and Gulf sturgeon being captured or lethally taken, to improve
the effectiveness of future consultations.
Sea turtle tissue samples shall be taken in accordance with NMFS' Southeast Fisheries
Science Center's (SEFSC) procedures for sea turtle genetic analyses. The County or its
contractor shall ensure that tissue samples taken during a dredging project are collected and
stored properly and mailed within 60 days of the completion of their dredging project to: NOAA.
National Marine Fisheries Service, Southeast Fisheries Science Center. Attn: Lisa Belskis, 75
Virginia Beach Drive. Miami. Florida 33149.
Gulf sturgeon tissue samples (i.e.. fin clips or barbel clips) shall bc taken in accordance
with NMFS SERO's Protected Resources Division's Gulf Sturgeon Tissue Sampling Protocol
found at the NMFS SERO PRD Web site address: http://sero.runfs.noaagovipriprotres.hun.
The County or its contractor shall ensure that tissue samples taken during a dredging project are
collected and stored properly and mailed to SERO PRD (Attn: Dr. Stephanie Bolden) within 60
days of the completion of their dredging project.
17. Ilan/ground Buffer Zones: All dredging in sand mining areas will be designed to
ensure that dredging will not occur within a minimum of 400 feet from any significant
hardground areas or bottom structures that serve as attractants to sea turtles for foraging or
shelter. NMFS considers (for the purposes of this opinion only) a significant hardground in a
project area to be one that, over a horizontal distance of 150 feet, has an average elevation above
the sand of 1.5 feet or greater, and has algae growing on it. The County or its contractor shall
ensure that sand mining sites within their Districts are adequately mapped to enable the dredge to
stay at least 4.00 feet from these areas. If the County or its contractor is uncertain as to what
constitutes significance, it shall request that BOEM consult with NMFS SERO's Habitat
Conservation Division (727-824-5317) and NMFS' Protected Resources Division (727424-
5312) for clarification and guidance. Walls of federally-maintained navigation channels, and
jetties and other such man-made structures, are not considered hardgrounds for the purpose of
this opinion,
18. Training - Personnel on Hopper Dredges. The County or its contractor must ensure
that all contracted personnel involved in operating hopper dredges (whether privately-funded or
federally-funded projects) receive thorough training on measures of dredge operation that will
minimize takes of sea turtles. It shall be the goal of each hopper dredging operation to establish
operating procedures that are consistent with those that have been used successfully during
hopper dredging in other regions of the coastal United States, and which have proven effective in
reducing turtle/dredge interactions. Therefore. [USACE] Engineering Research and
Development Center experts Cr other persons with expertise in this matter shall be involved both
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in dredge operation training, and installation. adjustment. and monitoring of the rigid deflector
draghead assembly.
19. Dredge Lighting: From May l through October 31, sea turtle nesting and emergence
season, all lighting aboard hopper dredges and hopper dredge pumpout barges operating within 3
nmi of sea turtle nesting beaches shall be limited to the minimal lighting necessary to comply
with U.S. Coast Guard and/or OSHA requirements. All nonessential lighting on the dredge and
pumpout barge shall be minimized Through reduction. shielding, lowering, and appropriate
placement of lights to minimize illumination of the water to reduce potential disorientation
effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making
their way seaward from their natal beaches.
4. Collier County will comply with NMFS's Southeast Region Vessel Strike Avoidance
Measures and Reporting for Mariners(revised February 2008'Appendix 4 of the
"Lease of Borrow Area Tl to the Collier County Parks and Recreation Department
for the Collier County Beach Renourishment Project(Consultation Number SER-
2012-9274)"J).:
Vessel Strike Avoidance:
In order to avoid causing injury or death to marine mammals and sea turtles the following
measures should be taken when consistent with safe navigation:
1. Vessel operators and crews shall maintain a vigilant watch for marine mammals and sea turtles n
to avoid striking sighted protected species.
2. When whales are sighted,maintain a distance of 100 ylards or greater between the inhale and
the vessel.
3. When sea turtles or small cetaceans are sighted,attempt to maintain a distance of 50 yards or
greater between the animal and the vessel whenever possible.
4. When small cetaceans are sighted while a vessel is underway(e.g.,bow-riding), attempt to
remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until
the cetacean has left the area,
5.Reduce vessel speed to 10 knots or less when motherl'calf pairs,groups,or large assemblages
of cetaceans are observed near an underway vessel,when safety permits. A single cetacean at the
surface may indicate the presence of submerged animals in the vicinity,therefore,prudent
precautionary measures should always be exercised. The vessel shall attempt to route around the
animals, maintaining a minimum distance of 100 yards whenever possible.
o. Whales may surface in unpredictable locations or approach slowly moving vessels.When an
animal is sighted in the vessel's path or in close proximity to a moving vessel and when safety
permits,reduce speed and shift the engine to neutral. Do not engage the engines until the animals
are clear of the area.
Additional Requirements for the North Atlantic Right Whale:
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1. If a sighted whale is believed to be a North Atlantic right whale, federal regulation requires a
minimum distance of 500 yards be maintained from the animal (50 CFR 224.103 (c)).
2. Vessels entering North Atlantic right whale critical habitat are required to report into the
Mandatory Ship Reporting System.
3. Mariners shall check with various communication media for general information regarding
avoiding ship strikes and specific information regarding North Atlantic right whale sighting
locations. These include NOAA weather radio, U.S. Coast Guard NAVTEX broadcasts. and
Notices to Mariners. Commercial mariners calling on United States ports should view the most
recent version of the NOAA/USCG produced training CD entitled -A Prudent Mariner's Guide
to Right Whale Protection"(contact the NMFS Southeast Region, Protected Resources Division
for more information regarding the CD).
4. Injured, dead, or entangled right whales should be immediately reported to the U.S. Coast
Guard via VHF Channel 16.
Injured or Dead Protected Species Reporting:
Vessel crews shall report sightings of any injured or dead protected species immediately,
regardless of whether the injury or death is caused by your vessel, Report marine mammals to
the Southeast U.S. Stranding Hotline: 877-433-8299. Report sea turtles to the NMFS Southeast
Regional Office: 727-824-5312. If the injury or death of a marine mammal was caused by a
collision with your vessel,responsible parties shall remain available to assist the respective
salvage and stranding network as needed. NMFS Southeast Regional Office shall he
immediately notified of the strike by email ttakerenon.nmisseni)noaa.env) using the attached
vessel strike reporting form.
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