1992-319 CZM Section II (6.0)
6.0 WILDLIFE PROTECTION
6.1 SEA TURTLE PROTECTION
6.1.1 Introduction
Sea turtles have inhabited and evolved on our planet since the
"Age of the Reptiles", 90 million years ago. They are
air-breathing reptiles that emerge from the sea and deposit their
eggs on tropical and subtropical beaches around the world. Today
they are threatened with extinction. Extensive exploitation by
man for food, leather, decorative pieces, cosmetics and other
uses have drastically taken their toll on all species of sea
turtles. Sea turtles are often trapped in commercial fishing
nets and either drown or their limbs are removed in an attempt to
free them from the nets.
Coastal development and natural erosion have greatly reduced the
number of suitable nesting beaches. Developed beaches which are
still used by nesting turtles become hazardous to the emerging
hatchlings. Hatchlings leave their nests during the cooler
nights and will follow the illumination of car, street, and
condominium lights. The hatchlings are either killed or dry up
and die in the sun the following day. Pollution such as plastic
bags, oil, tar and other flotsam which accumulates in sargassum
are ingested by young turtles and causes death. Sea turtles have
many predators on the beach as well as in the marine environment.
Egg and hatchling predators include raccoons, crabs, dogs, foxes,
feral pigs, coyotes, gulls, pelicans, etc... and many species of
fish. Predators of large sea turtles include sharks, killer
whales, and large grouper. It is estimated that only 1% of all
hatchlings survives to maturity.
"Turtling" is the taking of marine turtles from beaches and
coastal waters for use as food or for the use of their by-
products. Turtling was a common practice in Collier County in
the 1800's and early 1900's. Loggerhead turtles were hunted on
the beach while nesting during the summer and fished for with
nets and other implements all year. A turtle corral was
established in Chokoloskee by the santini family in the late
1800's (Tebeau, 1966). Turtles were fed and cared for in the
pens until they were shipped to the slaughter houses in Key West.
During the nesting season people along the coast gathered eggs
from nests for shipment to Key West markets. santini indicated
that on a single night on Marco Island, 9 nests were laid and the
following night they collected eggs from 5 new nests. In 1990,
there were only 32 nests on Marco Island for the entire nesting
season.
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6.1.2 Protection of Sea Turtles on Land
Disturbances on nesting beaches include disruption caused by
artificial lighting, man-induced erosion, natural beach erosion,
beach nourishment, traffic on or near the beach, chemical and
man-made pollution, shading of nesting beaches, and nest and
hatchling predation.
Human activity, such as development, has historically had adverse
environmental impacts on wildlife and plants, thus endangering
their existence. The loggerhead sea turtle has encountered this
problem on many beaches in Florida, including Collier County. As
development on nesting beaches grows in scope and magnitude, a
more complete understanding of the plight of the sea turtle must
be understood so that mitigation actions can be taken.
Artificial Liqhtinq
Artificial lighting on nesting beaches, as well as distant
sources of illumination (city lights produce a disorienting glow
when there is no moon) often discourages a sea turtle from
nesting on a developed beach. Hatchling sea turtles become
disoriented by bright lights and consequently become lost on the
beach, or wander towards the light source which leads them away
from the water, and often death is imminent.
Artificial light can sometimes affect hatchlings once they enter
the water. The turtles which remain in the shallow waters where
predatory fish occur will suffer a higher than normal predation
rate.
There are many laws which regulate lights on the beach during
nesting season; however, enforcement remains difficult.
Education and awareness programs for residents and visitors of
Collier County beaches could assist in increased compliance.
Man-Induced Erosion
Man-induced erosion is a serious threat to our local sea turtle
population. Developers frequently underestimate the powerful
forces of nature. Buildings have been constructed along the
Collier County coastline without sufficient regard for their
proximity to the Gulf. Natural erosion of the beaches compels
people to protect the property with seawalls and other shore
protection structures. A new problem arises when the shore
protection structures exacerbate erosion, by deflecting waves
downward. The result may be the complete loss of the beach,
leaving only the storm protection structures with little or no
habitat remaining that is suitable for sea turtle nesting.
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storm Related Events
Severe storms and hurricanes can cause vast amounts of sand
transport in beach areas. This may result in nest inundation or
an overwash of large quantities of sand onto a nest so that
hatchlings cannot escape. The tolerance of eggs to wave
inundation varies, depending on how long they are immersed, and
their stage of development during the inundation (Mortimer,
1989). More research is needed to determine the effects of salt
and fresh water inundation on nests, and its associated duration
and length of inundation.
Beach Nourishment
Beach nourishment is the replacement of sand on a beach that has
previously been lost to erosion. It is a common belief that
beach nourishment is beneficial to sea turtle populations by
creating additional beach for nesting; however, beach nourishment
may also negatively impact sea turtles (Fletemeyer, 1979;
Fletemeyer, 1980; Mann, 1980; Ehrhart and Raymond, 1983; Raymond,
1984; Moulding and Nelson, 1988; Nelson and Dickerson, 1989; Le
Buff, 1990). The most obvious direct effects of beach
nourishment are seen when the project occurs during sea turtle
nesting season (May through October). Nests and hatchlings can
become buried beneath the new sand, and thus hatchlings are
unable to escape. This is no longer as great a threat because
careful monitoring of the beach is required by Federal and state
governments if a project is conducted during or near nesting
season.
The effects of beach nourishment on sea turtle nest selection and
hatching success are still in the research stages. It is known
however, that the textural composition of borrow material for a
nesting beach is extremely important, especially on low energy
shorelines where the offshore substrate is primarily poorly
sorted sand that contains more silt and clays than the native
beach. The particular way in which beach nourishment is
accomplished has been proven to cause nesting problems to sea
turtles (Moulding and Nelson, 1988), unless mitigative action is
taken. Mitigation in the form of beach tilling is considered to
be the most useful method of softening a compact beach.
Beach nourishment projects utilizing hydraulic dredges employ sea
water as the sediment sand transport medium to fill the beach.
The saturated sediment becomes greatly compacted when spread
across the beach face as the water permeates the substrate.
"Compaction is the reduction in the volume of sand to a greater
density" (Moulding and Nelson, 1988). Compaction is much greater
when a poorly sorted offshore borrow is utilized because of the
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infilling of pore spaces of the finer grain sizes. Use of heavy
equipment during the project also contributes to the increased
density. Compacted sand can be measured by measuring the
shearing resistance, which is used as an indicator of the
resistance a sea turtle encounters when digging a nest cavity.
"Shearing resistance is a measure of the ability to penetrate
sand" (Moulding and Nelson, 1988).
Compacted sand may contribute to rejection of nesting sites by
sea turtles; thus there tends to be an increase in the number of
false crawls and false digs (occurring when a turtle will abandon
a nest cavity if she can't dig to a certain depth) on renourished
beaches. Sea turtles have been known to nest closer to the wrack
line due to the landward increase in elevation of a nourished
beach, and thus the nest is in greater danger of becoming
inundated by higher tides and storm tides (Nelson et. al., 1988).
Nest cavities that are attempted on renourished beaches are often
too shallow or narrow, causing the nest to overflow, and thus the
eggs are broken by the female as she attempts to cover the nest
(Ehrhart and Raymond, 1983; Fletemeyer, 1983). If proper nest
cavity proportions cannot be achieved, the nest will probably be
abandoned and the eggs possibly aborted (Nelson et. al., 1988).
Some beaches may eventually soften in time by natural erosion and
accretion, however, it is estimated that this process may take 10
years or more to occur (National Research Council, 1990).
Tilling the beach in the post-nourishment phase may be an
effective and efficient management technique to soften a
compacted hydraulically filled beach (Nelson, 1987; Moulding and
Nelson, 1988; Nelson and Dickerson, 1989). Tilling is typically
accomplished with a root rake, mounted on a tractor type vehicle,
to a depth of 30 to 36 inches. This technique decreases the
shearing resistance to levels comparable to the natural beach.
A nourished beach develops steep escarpments in the mid-beach
zone which often affects nesting females (National Research
Council, 1990). Beach scarp formation may block most turtles;
however, some may scale if the scarp is sloped. Mechanical
sloping of the scarp is the preferred mitigation action to this
problem (Nelson et. al., 1988)
Vehicles on the Beach
Traffic on or near the beach can lower hatching success of sea
turtle nests. Beach raking and other forms of mechanical beach
cleaning have detrimental effects on nest viability, hatchling
emergence and the ability of a sea turtle monitoring program to
locate nests (Mortimer, 1987). Sea turtle crawls (tracks) are
the only indicators that such an activity has occurred. Beach
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raking obscures the crawls (including those of a nest hatched the
previous night) and does not allow an accurate survey to be
conducted.
Beach Rakinq
An increasingly popular human activity referred to as the "Miami
Beach Syndrome" or beach manicuring has become well-known along
the Gulf coast in the last 10 years (LeBuff, 1990). Beach
manicuring began as the new arrivals to Florida insisted that
natural beach debris such as marine plants had no place in front
of their new residences and that the beach should have the
appearance of a newly fallen snow (free of footprints).
Mechanical beach cleaning (or beach raking) is now performed for
aesthetic reasons, although the practice has the potential for
similar harmful effects on sea turtle nests, similar to beach
nourishment. Beach raking and other forms of mechanical beach
cleaning have detrimental effects on nest viability and hatchling
emergence; raking also affects the ability of sea turtle
monitoring program personnel to locate nests (Mortimer, 1987).
Sea turtle crawls (tracks) are the only indicators that such an
activity has occurred. Beach raking obscures the crawls
(including those of hatchlings that emerged the previous night)
and does not allow an accurate survey to be conducted.
The use of mechanical beach raking equipment to remove vegetation
or debris compacts the beach sand over sea turtle nests and
lowers hatching success. Immediately preceding nest emergence,
sea turtle hatchlings make their way toward the surface until
environmental conditions trigger the actual emergence. This is
an extremely vulnerable time for the hatchlings. Nest
disturbance at this time could cause premature hatching of the
nest. In these cases premature and unhatched turtles are unable
to escape from the nest, and hatchling mortality is increased.
Beach raking during nesting season often removes sand immediately
above the eggs and can cause dehydration or breaking of the eggs
located close to the surface of the nest (LeBuff, 1990; National
Research Council; 1990). The nest is then vulnerable to
predation by fire-ants and other predators, or may become invaded
by bacteria.
Beach raking during nesting season is discouraged. A beach
cleaning sea turtle protection plan is required by the Department
of Natural Resources (DNR) during nesting season. Guidelines
have been prepared by the DNR for the appropriate methods of
beach cleaning during sea turtle nesting season (May 1 through
October 31 of each year) (Appendices 2 and 3). The following
standards are required:
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1. Equipment, methodologies, and points of access should be
consistent with long term beach-dune preservation
established by local government and the DNR.
2. Beach cleaning should be confined to daylight hours and
should be confined to the non-nesting season.
3. During nesting season the following rules apply:
a. Beach cleaning operations shall be limited to the debris
line (previous high tide mark) whenever possible
b. Light weight motorized vehicles having wide,
low-profile, low-pressure, tires shall be used to
conduct beach cleaning operations instead of heavy
equipment.
c. Devices used for removing debris from the beach shall be
designed and/or operated such that they do not penetrate
beach sediments by more than 2 inches
The DNR prohibits the operation of motorized vehicles, including
but not limited to any self propelled, wheeled, tracked, or
belted conveyance, during nesting season, except in cases of law
enforcement, emergency, or as otherwise approved by the local
government (DNR, 1989).
Pollution
Chemical pollution on nesting beaches is an increasing problem
worldwide. Although Collier County has not been affected,
threats of oil drilling in the Gulf of Mexico may one day become
a reality. The lack of nearby shipping lanes results in beaches
relatively free of pollutants in Collier County at this time.
Chemical pollution effects on sea turtles have not been widely
researched. Studies have proven however, that fresh crude oil on
nesting beaches causes significant mortality in and adverse
morphological changes in incubating hatchlings. Water soluble
contaminants can be absorbed into the eggs. Man-made debris such
as Styrofoam, plastics, light bulbs, aerosol cans, wood, glass,
Fiberglass, fishing line and other fishing gear and organic
garbage, if buried, may alter physical conditions of the area
such as thermal properties or patterns of gas diffusion in the
buried eggs. More studies are needed to determine the effects of
pollutants on nesting beaches.
Shadinq of Nestinq Beaches
Tall buildings and trees causing significant shading on sea
turtle nests may affect proper incubation of sea turtle nests.
Excessive shading on nesting beaches and its effects on hatching
success warrants further investigation and should be considered
in structure design of construction near sea turtle nesting
areas.
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COLLIER COUNTY REGULATIONS
Upon realizing that development threatens the survival of turtle
hatchlings and that disorientation caused by artificial lighting
is a key factor in hatchling mortality and disrupts the nest
selection process, Collier County became the 3rd County in
Florida to take the necessary action to mitigate these losses.
The Collier County Board of Commissioners enacted the "Sea Turtle
Protection Ordinance" in 1988 (Ord. 88-52). The following
provisions of the Ordinance apply to all developments and
construction along the Collier County coastline including the
City of Naples (adopted County regulations for sea turtle
protection).
New Development
New development of buildings, single family and multifamily
dwellings, commercial or other structures including parking lots,
dune walkovers, or other outdoor lighting within 300 feet of the
MHW must comply with the following:
1. Floodlights are prohibited. Wall mounted light fixtures
must be fitted with hoods so that lights do not illuminate
the beach.
2. Pole lighting must be shielded so that no light illuminates
the beach.
3. Low profile luminaries must be used in parking lots and
positioned so that no light illuminates the beach.
4. Dune walkovers must use low profile, shielded luminaries.
5. Lights on balconies must be shielded with hoods so that
lights do not illuminate the beach.
6. Tinted or filmed glass is recommended in windows facing the
ocean above the first floor of mUlti-story structures.
7. Temporary security lights at construction sites must not be
mounted more that 15' above the ground and their
illumination must not spread beyond the property under
development, and in no case may these lights illuminate the
beach.
Existinq Development
Existing developments and structures which can be seen from the
beach must comply with the following:
1. Lights illuminating buildings or associated grounds for
decorative or recreational purposes must be shielded or
screened so they are not visible from the beach or must be
turned off after 9:30 PM during sea turtle nesting season
(May 1 to October 31 of each year).
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2. Lights illuminating dune cross-overs of any area seaward of
the dune must be turned off after 9:30 PM during sea turtle
nesting season or modified to conform to "new development
regulations".
3. Security lights are permitted throughout the night as long
as low profile luminaries are used and shielded so they do
not illuminate the beach.
4. Tinted or filmed glass is recommended in windows facing the
ocean above the first floor of multi-story structures so
that interior lights do not illuminate the beach. Blackout
draperies or shade screens can be used instead of the
tinting.
publiclv Owned Liqhtinq
Publicly owned lighting such as street lights and lights at
parks and beach accesses are subject to the following:
1. Street lights must be located so most of the illumination
is away from the beach. The lights must be equipped with
shades or shields that prevent backlighting and must not be
visible from the beach.
2. Lights at parks and accesses must be turned off after 9:30
PM during nesting season.
General Requirements
In addition to the above development regulations, the Sea Turtle
Protection Ordinance makes it unlawful for any person to kill,
molest or cause direct or indirect injury to any species of sea
turtle in Collier County or its jurisdictional waters.
It is unlawful to construct a structure, add fill, mechanically
clean a beach or grade any dirt within 100' of the nesting zone
of a beach without first obtaining a "Construction In Sea Turtle
Nesting Area Permit" [sic.] from the County Manager or his
designee. County and state permits are also required for turtle
handling and for nest relocation.
STATE REGULATIONS
Commercial harvesting of sea turtles has drastically reduced sea
turtle populations around the world. Realizing this, the Florida
Legislature enacted the first laws to protect the loggerhead and
green sea turtles on May 25, 1907. Florida Statute Chapter 5569-
Number 74 included the following:
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(b)l. It is unlawful for any person to take, kill, possess,
mutilate, or in any way destroy any loggerhead,
trunkback [sic.], leatherback, hawksbill, or ridley, or
take or possess any part thereof, while such turtle is
on the beaches, sand dunes, or territorial waters of the
east cost of Florida from the Georgia line through and
including Dade County, during the months of May, June,
July, and August.
2. It is unlawful for any person at any time to take, kill,
possess, mutilate, or in any way destroy any green
turtle, or take or possess any part thereof, while such
turtle is on the beaches, sand dunes, or territorial
waters of the east coast of Florida from the Georgia
line through and including Dade County.
3. It is unlawful for any person to take, kill, possess,
mutilate, or in any way destroy any turtle, or take or
possess any part thereof, while such turtle is on the
beaches or sand dunes of the west coast of Florida
between Monroe and Collier Counties and the western
boundary of the state, excepting turtles in the
territorial waters thereof having a carapace measurement
of more than twenty-six inches.
4. It is unlawful for any person to take, kill, possess,
mutilate, or in anyway destroy any green turtle, or take
or possess any part thereof, while such turtle has a
carapace measurement of not more than forty-one inches
unless such person has a certified invoice that said
turtle was shipped into Monroe County from a foreign
country or outside the territorial waters of the State.
The sea turtle protection law was enforced by the Florida State
Board of Conservation (now the Florida Marine Patrol) and
violators were arrested. The closed season discouraged some,
however, many people would not accept the law and continued loss
of the sea turtle populations was the result.
Incidents such as one that occurred in Collier County in 1972,
finally assisted in the strengthening of turtle regulations on a
state and federal level. A local sea turtle biologist tagged and
measured an adult female following her nesting. A group of men
approached him and explained that once the turtle entered the
water she was in the territorial waters of the State and they had
witnessed the biologist measuring a turtle with a carapace of
greater than 26 inches. The men then slaughtered the loggerhead
without violating the law. The evidence was submitted to
appropriate federal, state, and County agencies, as well as every
conservation organization in the united states (LaBuff, 1990).
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It was not until 1977 that the Florida legislature enacted the
"Florida Endangered and Threatened Species Act of 1977",
(FETSA) (Ch. 372.072-372.073, F.S.). The intent of the act is to
provide for research and management to conserve and protect these
species as a natural resource. FETSA gives the DNR the
responsibility for research and management of all marine species
under the Federal ESA. The act provides for the definition of
Endangered and Threatened Species as follows:
(a) "Fish and wildlife" means any member of the animal kingdom,
including, but not limited to, any mammal, fish, bird,
amphibian, reptile, mollusk, crustacean, arthropod, or other
invertebrate.
(b) "Endangered species" means any species of fish and wildlife
naturally occurring in Florida, whose prospects of survival
are in jeopardy due to modification or loss of habitat;
over-utilization for commercial, sporting, scientific, or
educational purposes; disease; predation; inadequacy of
regulatory mechanisms; or other natural or manmade factors
affecting its continued existence.
(c) "Threatened species" means any species of fish and wildlife
naturally occurring in Florida which may not be in immediate
danger of extinction, but which exists in such small
populations as to become endangered if it is subjected to
increased stress as a result of further modification of its
environment.
Protection of marine turtles, nests and eggs under FETSA include
the following regulations in Chapter 370.12, F.S.:
(1) PROTECTION OF MARINE TURTLES, NESTS, AND EGGS.-
(a) No person may take, possess, disturb, mutilate, destroy,
cause to be destroyed, sell, offer for sale, transfer,
molest, or harass any marine turtle nest or eggs at any
time.
(b) No person, firm, or corporation may take, kill, disturb,
mutilate, molest, harass, or destroy any marine turtle,
unless by accident in the course of normal fishing
activities. Any turtle accidentally caught will be
returned alive to the water immediately.
(c) No person, firm, or corporation may possess any marine
turtle or parts thereof unless it is in possession of an
invoice evidencing the fact that the marine turtle or
parts thereof has been imported from a foreign country or
outside the territorial waters of the state, or are
possessed under special permit from the Division of
Marine Resources for scientific, educational, or
exhibitional purposes.
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FETSA established within the FGFWFC the Endangered and Threatened
Species Reward Trust Fund (Ch. 372.073, F.S.). The primary
purpose of the trust fund is for posting rewards to persons
responsible for providing information leading to the arrest and
conviction of persons illegally killing, wounding, or wrongfully
possessing any endangered and threatened species on the official
Florida list.
The DNR protects sea turtle nests and eggs through regulations in
Chapter 161.053 by conditioning the nature, timing, and sequence
of permitted beach construction activities in Florida. The
underlying strategy behind this is to provide protection to
nesting sea turtles and hatchlings and their habitat. As a
result of this section the DNR established Sea Turtle Protection
Plan (STPP) Guidelines (Appendix 4).
The STPP strongly discourages the repair of any coastal structure
including dune walkovers, seawalls, revetments, sandbags, groins
or jetties during sea turtle nesting season - May 1 to October
31, of any year. Any construction involving dredging, filling,
or placement of erosion control devices that disrupts a nesting
sea turtle, nest, or results in the injury or mortality of a
hatchling sea turtle is subject to prosecution under the
Endangered Species Act and Florida statutes. Construction
activities which extend into nesting season for any reason are
required to submit a STPP to the DNR and obtain their specific
approval. Execution of the STPP must be carried out by a person
or persons possessing a MARINE TURTLE PERMIT co-issued by the DNR
Division of Marine Resources and the DNR Division of Law
Enforcement. If the construction includes beach nourishment, the
STPP must address long term impacts on nesting and hatching
activity, and monitoring of nesting and hatching success may be
required for up to three years. The STPP must also address beach
front lighting and limit the lighting to the lowest amount of
lights necessary to provide adequate security. The lights are
also required to be mounted less than 15 feet above the ground,
be placed only in the immediate project area and not directly
illuminate areas of the beach.
Many sea turtle hatchlings become disoriented and die due to
lighting from developments. Therefore the STPP also requires
CCCL permit applicants proposing permanent lighting on new
beachfront construction to incorporate a permanent STPP. The
STPP must describe the placement and type of fixtures in writing
and illustrations. Specific criteria for permanent fixtures
installed within line-of-sight of the beach must be designed
and/or positioned such that the following is met:
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a. The point source of light is not directly visible from the
beach, and;
b. Areas seaward of the primary dune (or equivalent) are not
illuminated.
Other specific regulations include the following:
a. Safety lights are limited to the minimum number necessary.
b. High intensity lighting for decorative and accent purposes,
such as that emanating from spotlights or floodlights will
not be used.
c. Low intensity lighting, including balcony lighting, shall
be limited to the minimum number necessary and shall meet
above criteria.
d. Beach access points, dune walkways, piers and any other
structure designed for pedestrian traffic on or seaward of
the beach shall use the minimum amount of low intensity
lighting necessary to ensure safety.
e. Pedestrian lighting shall be recessed, louvered, or
shielded such that the above criteria are met.
f. Parking lots and roadways (paved and unpaved) should be
designed or positioned such that vehicular headlights do
not cast light towards the beach. Native vegetation and
other ground level barriers should be utilized where
appropriate to meet the above specific criteria.
g. Tinted glass or any window film applied to window glass
that meets the shading criteria for tinted glass, shall be
applied on all windows of single and multi-story structures
within line sight of the beach (FDNR, April 6,1990).
Chapter 161.163, F.S. requires local governments in the project
area of permitted beach to have enacted ordinances or other
regulations to protect sea turtles from the adverse effects of
beachfront lighting.
Chapter 161.163, F.S. requires the DNR to designate coastal areas
used by sea turtles or likely to be used for nesting habitats.
The DNR is also required to adopt by rule, guidelines for local
government regulations that control beach front lighting to
protect hatchlings.
FEDERAL REGULATIONS
In the late 1960's and the early 1970's Congress became aware of
the fact that many species of fish, wildlife and plants in the
united States had become extinct and many others had become so
depleted in numbers that they were endangered or threatened with
extinction. This phenomenon was a direct result of economic
growth and development, without concern or regard for
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conservation. It was also declared that these species were of
aesthetic, ecological, educational, historical, recreational and
scientific value to the nation and its people. As a result, in
1973, congress passed the Endangered Species Act (ESA).
The purpose of the ESA was to provide a means whereby the
ecosystems that endangered and threatened species depend upon may
by conserved by providing a program for the conservation of these
species, and to take the appropriate steps to achieve the
purposes of international treaties and conventions.
The united states joined with other nations to conserve, to every
possible extent, various species of fish, wildlife, and plants
facing extinction pursuant to the following International
treaties and organizations:
1. Migratory bird treaties with Canada ana Mexico;
2. the Migratory and Endangered Bird Treaty with Japan;
3. the Convention on Nature Protection and wildlife
Preservation in the Western Hemisphere;
4. the International Convention for the Northwest Atlantic
Fisheries;
5. the International Convention for the High Seas Fisheries of
the North Pacific Ocean;
6. the Convention on International Trade in Endangered Species
of wild Fauna and Flora; and
7. other international agreements.
The ESA encourages the states and other interested parties,
through Federal financial assistance, and a system of incentives,
to develop and maintain conservation programs which meet national
and international standards.
A species is determined to be endangered or threatened because of
the following factors:
1. The present or threatened destruction, modification, or
curtailment of its habitat or range;
2. Overutilization for commercial, sporting, scientific, or
educational purposes;
3. Disease or predation;
4. The inadequacy of existing regulatory mechanisms; and
5. Other natural or man-made factors affecting its continued
existence.
The lists of endangered species, threatened species, and species
of special concern are published in the Federal Register and are
reviewed and revised if necessary once every five years.
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The loggerhead turtle (Caretta caretta) is presently the only
species of sea turtle that uses the beaches in Collier County for
nesting. The loggerhead is listed as a threatened species by the
USFWS. The five year status review for the loggerhead sea turtle
was conducted in 1990; this report will be published and become
available to the pUblic in 1991.
6.1.3 Protection of Sea Turtles in the Karine Environment
The growing popularity (and price) of shrimp over the past 30
years has resulted in an enormous increase in the size and number
of shrimp trawlers. Many of today's great trawlers have a spread
in excess of 60' and a single boat often hauls 2 nets from each
outrigger. These nets sweep across the ocean floor and catch a
considerable amount of unwanted by-catch, including jellyfish,
sponges, coral, many species of fish and sea turtles.
In recent years trawling has imposed a devastating impact on sea
turtle populations and other marine life along the Atlantic and
Gulf coasts of Florida. National Marine Fisheries Service (NMFS)
statistics have shown that for every pound of shrimp caught, an
additional 9-10 pounds of fin fish including over 150 species of
valuable commercial, recreational and sport fish (i.e., red
snapper, drum, flounder, and sea trout), are discarded overboard.
These fish are mostly juveniles and thus never have a chance to
reproduce.
NMFS estimates that 11,000 sea turtles are incidentally taken by
the trawlers (Atlantic and Gulf) yearly. Most of them die,
depending on the length of time they remain in the trawl, water
temperature, and other factors which cause stress and mortality.
A turtle remaining in a net in excess of 90 minutes will most
likely die. Trawl times on the Gulf of Mexico are considerably
higher. Three hour trawls are common, and therefore mortalities
in the Gulf are significantly higher.
Some of the dead turtles wash ashore on coastal beaches along
Florida. In 1980 a voluntary stranding and Salvage Network
patrolled beaches and reported strandings to the NMFS. From
January 1980 through December 1986 the network reported 8,300
strandings. Most of these were loggerheads.
The NMFS has come to the realization that sea turtle mortalities
imposed by the shrimping industry are a major threat to the
survival of the species. In 1978, the NMFS began a research
program to develop gear or methods to reduce mortalities. By
1971, they had developed the turtle efficiency device (TED), now
called the turtle excluder device, that substantially reduced or
eliminated sea turtle mortalities. A TED is sewn into the net in
front of the bag. The device allows 97% of the trapped sea
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turtles to escape unharmed and also reduces unwanted by-catch by
50-70%, without a loss of shrimp. The use of a TED reduces labor
for the shrimpers and allows more undamaged shrimp to be caught
(due to the relief of the crushing weight of the turtles).
During the gear research program, scientists conducted
experiments that showed a direct linear relationship between
mortality and tow time. Further research proved that restricting
tow time to 90 minutes resulted in significantly fewer
mortalities. A voluntary TED Program was enacted in 1983. When
voluntary use of the TEDS did not become a reality, the federal
and state governments imposed strict regulations making TED use
mandatory on March 2,1987 (50 CFR Parts 217, 222 and 227).
STATE REGULATIONS
On June 11, 1990 the Legislature enacted Chapter 46-31.001 to
46-31.004, which provides for the mandatory use of turtle
excluder devices (TEDS) on all shrimp trawls in state waters.
This emergency ruling requiring the TEDS be imposed on all
licensed live shrimp producers. Trawl gear specifications are
obligatory as follows:
(1)
(a) No person shall operate or fish (in any waters of the
state) any trawl that does not have a qualified turtle
excluder device (TED) installed therein.
(b) No person shall possess, aboard any vessel in or on State
waters, any trawl rigged for fishing that does not have a
qualified turtle excluder device (TED) installed therein.
(2) The requirement in subsection (1) shall not apply to the
following types of gear:
(a) A single test net having a headrope length of 20 feet or
less if such test net is pulled immediately in front of
any other net or trawl or is not connected to another net
or trawl in any way.
(b) A roller frame trawl with all of the following features
and specifications:
1. A rectangular rigid frame to keep the mouth of the
trawl open while being towed.
2. The lower horizontal beam of the frame has rollers to
allow the trawl to rollover the bottom and any
obstructions while being towed.
3. The trawl opening is shielded by a grid of vertical
bars spaced no more than 3 inches apart.
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5. The trawl has no doors attached to keep the mouth of
the trawl open.
(c) A trawl being used as part of a public or private
experimentation pursuant to authorization issued by the
Director, Southeast Region, National Marine Fisheries
Service, as provided in 50 CFR 227.72(e) (4) (iv), Oct. 1,
1987. written authorization shall be maintained aboard
the vessel with such a trawl at all times.
(d) Any trawl operated, fished, or on a vessel and rigged for
fishing, while in the inside waters of the state, which
has a headrope (cork line) length not greater than 35
feet and a perimeter around the leading edge of the net
not greater than 100 feet.
(3) No person shall rig or alter the turtle excluder device
(TED) installed in any trawl in any manner so as to
render the TED non-functioning or ineffective in
excluding sea turtles from the trawl.
There are presently 6 TED devices approved by the National Marine
Fisheries Service. Each device is described in the Federal
Register in October, 1987. The devices are commonly known as
NMFS TED, Cameron TED, Matagorda TED, Georgia TED, Morrison TED
and Parrish TED. Additional devices used must be certified and
approved by the NMFS and must be able to demonstrate a turtle
exclusion rate of at least 97%.
FEDERAL REGULATIONS
The final rules require all shrimp trawlers to either use TEDS or
restrict tow times to 90 minutes. In southwestern Florida, by
January 1, 1988, in waters up to 15 nautical miles offshore,
trawler TEDS are required all year. Smaller boats have the
option to restrict tow time or use TEDS. Vessels inshore of 15
nautical miles are required to restrict tow time and use TEDS.
6.1.4 Kanagement Techniques and Recommendations
There are few beaches in Collier County that are properly managed
for the protection of sea turtles. A study of our local
populations of sea turtles should be conducted to determine which
beaches and factors could potentially cause the most threat to
the species. Problems such as non-compliance with the Collier
County Sea Turtle Protection Ordinance (lights on the beach);
beach raking during nesting season; vehicle traffic on or near
the beach and dunes; presence of seawalls and shore protection
structures causing excessive beach erosion; beaches where natural
beach erosion has eliminated the nesting beach; and those beaches
which contain manmade debris (pOllution) which has washed ashore,
II -186-
have become obstacles to nesting turtles and hatchlings. A
County-wide monitoring program locating these problem areas
should be undertaken.
In Collier County it has become apparent that one of the main
problems affecting sea turtle nests and hatchlings is the
raccoon. Raccoons are concentrated on many of our nesting
beaches, due to loss of habitat and loss of their natural
predators as a consequence of development. Local protection from
and management of raccoons is greatly needed along the entire
coast.
Conservation projects such as the Conservancy Sea Turtle
Protection Program on Keewaydin Island are aimed at circumventing
the loss of nests by comprehensive monitoring and nest screening
techniques. The most effective method of controlling raccoon
predation on nesting beaches is by the use of screens. Screening
has become a popular form of nest protection in recent years. A
standard size of screen laid over the nest, and subsequently
buried, prevents the intruding raccoon from entering the nest,
but allows the escape of the hatchling sea turtles. Nest
relocation may be required in some instances where the screening
becomes ineffective.
Head starting sea turtles is still an experimental management
measure, where sea turtles are taken from the nest (at hatching)
and are raised in captivity until they are large enough to escape
from the predation of most birds and fish. There have been 2
headstart programs in Collier County in the past 10 years; the
Conservancy, Inc., and the Haldeman Creek Sea Turtle Research
program. Both projects were successful in raising hundreds of
hatchlings of both loggerhead and green sea turtles.
In 1989, the state put a temporary moratorium on the raising of
all marine turtles in captivity because it is not known whether
survival among headstart turtles is actually higher than survival
of turtles left in their natural environment. until these
headstarted turtles reproduce and return to their nesting
beaches, headstarting, as a management technique, will be put on
hold.
There are many sea turtle nesting beaches in Collier County where
management practices are needed and should be applied. All the
county coastal parks including Barefoot Beach Preserve, Clam
Pass, Tigertail Beach and Sand Dollar Island; undeveloped beaches
including Cannon Island, Kice Island, Morgan Island; and
semi-developed beaches including Pelican Bay, Northern Keewaydin
Island, and Hideaway Beach have significant raccoon populations.
Other areas may also be in need of sea turtle monitoring and
management; however, no baseline data are available to indicate
II -187-
the location of these areas. Since the above beaches concentrate
the major nesting sites for our local population of loggerhead
sea turtles and the area's naturally occurring predator
populations (due to development of former nesting beaches),
management in the future will be necessary.
The Endangered Species Research Foundation Inc., while monitoring
Marco Island in 1990, found that all sea turtle nests on Hideaway
beach were destroyed by raccoons. Nests on this beach should be
monitored and screened in the future. The County parks should be
targeted as the first areas for management. In 1990, Collier
County park rangers did preliminary nesting surveys while on
routine patrols (Barefoot Beach Preserve and Clam Pass Park), and
found that raccoons had destroyed nearly all of those nests. A
night monitoring program during sea turtle nesting season should
be required on these beaches.
Scientific research indicates that eggs must be relocated shortly
after laying, where relocation is necessary. There is a
possibility that relocation may be possible during the second
month after laying when the embryonic membranes are least likely
to be torn. The reburial site must simulate the natural nest.
Unless absolutely necessary, the eggs should be left in-situ.
Poaching of eggs and adult sea turtles does not seem to have been
a significant problem in recent years. Hear-say reports of
poaching activities continue to exist, however, on the beach and
offshore. Severe State and federal penalties exist to prevent
these activities. A County-wide monitoring program on nesting
beaches would confirm any poaching activities.
Education and public awareness may be the most important elements
in a viable protection plan for any species or habitat. For a
protection plan to be truly effective it is necessary for the
public to understand the problems facing the continued survival
of the sea turtle, the reasons the species should be protected,
and the ways that humans can aid in its recovery. In addition,
more research information is needed on sea turtle nesting
beaches.
As long as development and redevelopment of our beaches continues
(without regard to nature), endangered and threatened species
will continue to be impacted. Management and conservation
practices can assist in the mitigation of these losses. Baseline
data on our nesting populations of loggerheads and their beach
preferences can give us greater insight on future management
needs in Collier County.
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6.2 COASTAL BIRD AND NEST PROTECTION
6.2.1 Introduction
within Collier County, the major areas of importance for coastal
bird habitat have been identified by Owre (1990), as Chokoloskee
Bay, Indian Key, and the Marco ABC Islands. Two Critical wildlife
Areas (CWAs) have been identified in the county for shorebird
habitat by FGFWFC. These are located on Sand Dollar Island, known
as the Big Marco CWA, and on the ebb tidal shoals at Caxambas
Pass, known as the Caxambas CWA. The vicinity around Wiggins Pass
has also been identified as an area that needs protection (Figure
7.10-3) (Robson, 1990).
The Big Marco and Caxambas CWAs are the only two CWAs in south
Florida. They are managed and monitored by the FGFWFC, FDNR, and
the National Audubon Society. On the average, during the months
of April through August, both sites provide nesting habitat for
over 1,000 pairs of Least Terns, 125 pairs of Black Skimmers, and
a small number of Southeastern Snowy Plovers. The sites also
provide foraging and resting habitat for thousands of migrating
birds, representing over 15 species, especially during winter
months (Robson, personal communication).
Chokoloskee Bay, Indian Key, and the Marco ABC Islands are
significant nesting rookeries for cormorants, pelicans, numerous
species of wading birds, and several other species. The largest
concentration of wintering waterfowl within the Everglades
National Park is located along the mangrove shorelines of the Ten
Thousand Islands estuaries. Furthermore, these shorelines "are
habitat for typical terrestrial bird assemblages adapted to a
marine swamp forest and marine-influenced upland forest" (Owre,
1990). The mangrove shoreline is also the springtime landfall for
many trans-Gulf migrants from South America. The Big Marco River
estuarine system provides important foraging grounds for
pelicans, wading birds, and many species of shorebirds. The
beaches of the Wiggins Pass area, Naples, Marco Island, Cape
Romano, and other sandy beaches to the south, as well as offshore
sandbars, sandy coastal barriers, sand spits, and any other type
of sand/shell accumulation provide loafing and foraging habitat
for large numbers of shorebirds in the winter (Owre, 1990).
Each year, the Audubon Society conducts an annual Christmas bird
count. In Collier County, the bird count is conducted within a
7.5 mile radius of the Collier County Government Complex. The
1990 count resulted in 31,381 bird individuals tallied,
representing 136 species. Overall, the number of bird individuals
over the years has not varied much in the area, with the number
of individuals increasing in some species and decreasing in
others. For example, the numbers of Mourning and Ground Doves
II -189-
decreased drastically due to interspecific competition for
reduced habitat areas. The numbers of herons and egrets also
declined in 1990, but the situation here is better than that
which exists on the southeastern coast of Florida. Populations of
many species of ducks and plovers rapidly decreased in Collier
County, as they have allover the northern hemisphere, due to
hunting pressure, draining, and development of wetlands. Some
species of birds have increased their numbers, seeming to have
adapted well to man's activities and alterations to the
environment. The number of crows has increased, as has the number
of gulls. Various species of shorebirds are also adapting well to
current conditions. The birds that are most sensitive to human
interference are the ones that exhibit the most dramatic decrease
in numbers. Overall, bird populations have decreased over 80% in
south Florida in the last 50 years (Hart, 1990).
6.2.2 Coastal Birds of Collier County
It is estimated that 25 species of avifauna designated in
"Categories of Concern" (species that are listed as endangered,
threatened, or otherwise protected) utilize the coastal zone of
Collier County (Table 6.2-1). This is a very large number of
protected species, compared to other continental areas.
Designated species of long-legged wading birds that forage in the
shallow sections of the County's coastal zone include the Little
Blue Heron, Reddish Egret, Roseate Spoonbill, Snowy Egret,
Tricolored Heron, and Wood Stork. Five additional protected
fiSh-eating birds utilize these areas as foraging habitat as
well. These include the Brown Pelican, Osprey, Bald Eagle,
Roseate Tern, and Least Tern (Owre, 1990).
Listed terrestrial bird species depending on mangrove forests for
foraging and/or nesting include the American Swallow-tailed Kite,
Arctic Peregrine Falcon, Mangrove Clapper Rail, Merlin, and
White-crowned pigeon. Listed species whose primary habitats are
sandy beaches and exposed tidal flats are the American
Oystercatcher, Least Tern, Piping Plover, Roseate Tern, and
Southeastern Snowy Plover. At least three other protected species
found in the County's coastal zone have specialized habitat
needs. The Burrowing Owl, a land bird, forages over open ground
and requires a depth of soil for digging burrows. Nesting habitat
for the Florida Sandhill Crane is the interface of mangroves and
freshwater areas. Presently, nesting grounds for the Cape Sable
Seaside Sparrow are only at inland freshwater habitats. "Clearly,
if the species in Categories of Concern are to be successfully
managed, the fOllowing areas must be maintained as viable
ecosystems:...the waters of the Southwest Florida coast and the
Ten Thousand Islands and contiguous waters; sandy beaches and
tidal flats; and the mangrove forests" (Owre, 1990).
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In addition to the species in categories of Concern, there are
numerous species of avifauna that utilize the County's coastal
zone resources (Table 6.2-2). Terrestrial birds that are
typically found within the coastal zone of the County are
included as well, even though they are not especially modified
for aquatic life (Owre, 1990).
Bird species are usually grouped into taxonomic orders for the
purposes of general description. Their occurrence in the area can
be described by the time of year that they are present, which is
also usually correlated to their life history patterns. Permanent
residents are those populations that are present year-round, and
breed in the area. winter residents are only present during the
winter months, and generally do not breed in the area. Summer
residents usually spend the summer months in the area for
breeding and nesting purposes. Several species pass through the
County's coastal zone on their migratory paths. These are known
as migratory visitors, which are usually only seen during the
fall and spring. Casual visitors are only seen occasionally,
while accidental visitors occur unexpectedly and unpredictably
(Owre, 1990). The following text provides a brief description of
the coastal avifauna of Collier County.
Loons (Order Gaviiformes): Loons are highly modified aquatic
birds that spend the majority of their lives on the water, except
when flying or nesting. Nests are built on floating islets on
Arctic and Boreal Zone freshwater lakes. Winters are spent along
northern continental coastlines. Foraging is accomplished by
diving, in which they use their modified feet to propel them
underwater. They have lost the ability to walk. The Common Loon
is the one species in this group found in the County's coastal
zone, where it overwinters (Owre, 1990).
Grebes (Order Podicipediformes): Like loons, grebes are also
highly specialized aquatic birds that have lost the ability to
walk. Breeding occurs in freshwater habitats, but when not
breeding, some species can be found in protected estuarine areas.
They are rarely found along coastlines. The Pied-billed Grebe and
the Horned Grebe are the two species in this group found in the
County's coastal zone. The Pied-billed Grebe is a permanent local
resident which nests on ponds and in freshwater marshes. There
are also migratory populations of this species that overwinter in
the area (Owre, 1990). The Horned Grebe is occasionally observed
in the area (Below, 1979).
Pelicans and Allies (Order Pelecaniformes): All members of this
order, which includes six families, are adapted for an aquatic
way of life. The order includes the Pelicans, Cormorants,
Anhingas, and Frigatebirds. Pelicans forage by either scooping
fish from the water or by diving. The American White Pelican is
II -191-
common within the state during winter months, but is not that
commonly seen in Collier County. The Brown Pelican, designated by
the FGFWFC as a Species of Special Concern (SSC) , is a permanent
resident of the area. It is a strictly coastal species, rarely
seen inland. Cormorants are diving birds that have the ability to
dive and pursue prey species underwater. They ingest the prey on
the surface. Populations of the Double-crested Cormorant, the one
species of cormorant found in the County's coastal zone, are
either permanent or winter residents. Anhingas feed similarly to
cormorants, diving and pursuing prey underwater, then bringing it
to the surface before ingestion. Instead of capturing prey
between its mandibles, as cormorants do, anhingas usually use
their mandibles as spears on which to impale the organisms. They
are found in freshwater, brackish, and marine habitats. Colonial
nesting takes place in mangrove areas. Populations of Anhinga
occur as permanent or winter residents in Collier County. The
Magnificent Frigatebird, a large aerial marine bird, also is
found in Collier County (Owre, 1990).
Herons and Allies (Order Ciconiiformes): These birds are
long-legged wading birds which are common in marine, brackish,
and freshwater wetlands. They include the herons and egrets,
storks, and ibises. In South Florida, at least 14 species are
found, which represents approximately 20% of the species
worldwide. These include the Cattle Egret, Great Egret, Little
Blue Heron, Reddish Egret, Snowy Egret, Tricolored Heron,
Black-crowned Night Heron, Great Blue Heron, Green Heron,
Yellow-crowned Night Heron, Glossy Ibis, White Ibis, Roseate
Spoonbill, and Wood Stork. Historically, wading bird populations
in south Florida were extremely abundant. They were commercially
harvested for plumage and food. Many were hunted to extinction in
the area. Government protection for the birds was instated in the
early 20th century. Populations started to recover but have never
reached historic levels. Many populations have continued to
decline due to loss of feeding habitat caused by reduction of
freshwater outflow from the Everglades. These birds forage in
shallow littoral waters, salt marshes, intertidal flats, and
within mangrove wetlands, all areas that have been greatly
impacted by human development activities (Owre, 1990).
Included in this group is the Wood Stork. Of the 17 species of
storks, only the Wood Stork occurs in North America. It is
designated as an endangered species on both the federal and State
lists. The Wood Stork is a permanent resident of the County, but
numbers have drastically declined over the years. It is estimated
that in the south Florida area, the Wood Stork population has
decreased by 75% from 1967 to 1982. PopUlations are continuing to
be stressed due to drought conditions and altered hydrology
caused by water management and development practices. Seasonal
water levels have been reduced so that there isn't an adequate
II -192-
food supply available during the nesting season, which typically
occurs between November and January. Nesting areas are shifting
into the northern portions of Florida and into Georgia, South
Carolina, and other neighboring states (Owre, 1990; Peterson,
1947).
Waterfowl (Order Anseriformes): There are approximately 40
species of waterfowl occurring in North America, most of which
are highly migratory. Collier County is within the overwintering
range for several species, including the American Widgeon, Black
Duck, Blue-winged Teal, Green-winged Teal, Hooded Merganser,
Lesser Scaup, Mallard, Mottled Duck, Northern Pintail,
Red-breasted Merganser, Ring-necked DUck, Shoveller, and Wood
Duck. The majority of individuals of most waterfowl species
terminate their southward migration north of Collier County.
Others continue the southward migration further, but may pause to
rest in the area's coastal zone (Owre, 1990; Peterson, 1947).
Vultures. Hawks. and Falcons (Order Falconiformes): Collier
County's coastal areas support populations of permanent, winter,
and summer residents, as well as migratory visitors of this order
of birds. Locations of the migratory predatory birds often
correspond to those of the prey species upon which they feed.
species included in this order have been seriously impacted by
man's activities, worldwide. Historically, intense hunting
pressure on birds of prey was common. More recently, habitat
destruction by human activities and the widespread use of
pesticides have caused a number of species to be listed in
Categories of Concern. Seven of these designated species are
found in the Collier county area. Falconiform bird species found
in the area's coastal zone are the Black Vulture, Turkey Vulture,
American Swallow-tailed Kite, Bald Eagle, Broad-winged Hawk,
Common Nighthawk, Cooper's Hawk, Marsh Hawk (Harrier),
Red-shouldered Hawk, Red-Tailed Hawk, Sharp-shinned Hawk, Osprey,
Arctic Peregrine Falcon, Merlin (Pigeon Hawk), and American
Kestrel (Sparrow Hawk) (owre, 1990; Peterson, 1947).
Cranes and Allies (Order Gruiformes): There are three families of
this order represented in the area's coastal zone. One family
includes that of the rails, coots, and gallinules. Rails are
small to medium sized marsh birds. They are generally secretive
in habit, and many species are nocturnal feeders. Rails found in
the area are the King Rail, Mangrove Clapper Rail, and Virginia
Rail. Coots and gallinules are duck-like birds that spend most of
their time on the water, swimming and diving for food. Species
found in the area are the American Coot and Common Gallinule. The
Limpkin, a long-Iegged~ading bird, is also present in swamps and
marshes, occasionally entering mangrove areas. Cranes are also
long-legged wading birds. The Florida Sandhill Crane is a
freshwater marsh bird found near mangrove forests (Owre, 1990).
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Shorebirds (Order Charadriiformes): This order contains more than
300 species, including the plovers, oystercatchers, stilts and
avocets, sandpipers, gulls, terns, skimmers, auks, and dovekies.
Plovers and sandpipers probe and pluck food organisms from the
substrate they walk on or wade in, while gulls and terns are
basically aerial and forage while in flight, and auks and
dovekies forage while swimming. Shorebirds are mostly small,
feeding on invertebrates around freshwater, brackish, and marine
habitats. Some species nest coastally, but most breed inland in
marshes, along lakes and rivers, in prairies, and on the Arctic
tundras. The majority of species leave their nesting grounds for
coastal and transoceanic migrations to beaches, bays, and
estuaries of the coastal zone. Most of the year is spent in
migration and wintering within marine ecosystems. Few shorebird
species actually nest within the County's coastal zone, whereas
many species migrate through the area, stopping to rest and feed.
Beaches and tidal flats are the most attractive habitats for
feeding, especially during low tide; this is the time when
invertebrate prey organisms become relatively inactive and easy
to capture. Shorebirds spend up to 90% of daylight hours in
foraging activities. Some species forage at night to take
advantage of low tidal conditions (Owre, 1990).
Plover species present in Collier County's coastal zone are the
Black-bellied Plover, Killdeer, Piping Plover, Semipalmated
Plover, Southeastern Snowy Plover, and Wilson's Plover. They tend
to inhabit beaches and open ground areas. They are strong runners
and fliers; foraging is visual, though many are active at night
as well as during the day. There are permanent and winter
populations of the American Oystercatcher in the area. This is a
relatively large shorebird which uses its bill to open bivalves
and pry off organisms that are attached to rocky shorelines.
stilts and avocets are large shorebirds with very long legs, long
slender bills, and bold color patterns. The Black-necked Stilt is
the only member of this group present in the area, usually as a
summer resident migrating from South America (Owre, 1990).
The family of sandpipers and allies contains more than 50 species
worldwide. Sandpipers generally have longer legs and thinner
bodies and bills than the plovers. Many species have curved
bills, and most forage on exposed tidal flats and receding tide
lines. Sandpipers generally exhibit extensive migration patterns.
Species of this group present in the area include the Dunlin,
Greater Yellowlegs, Lesser Yellowlegs, Least Sandpiper, Marbled
Godwit, Pectoral Sandpiper, Red Knot, Ruddy Turnstone,
sanderling, semipalmated sandpiper, Short-billed DowitCher,
Western Sandpiper, and Willet (Owre, 1990).
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Gulls are medium to large birds that usually follow coastlines in
their migrations, foraging on littoral organisms. Their ability
to utilize thermals for soaring allow them to cover great
distances with little energy expenditure. They can also walk and
swim well. Nesting and roosting behaviors are generally of a
gregarious nature. Gulls are omnivorous and opportunistic,
feeding on a wide variety of food items including insects,
crustaceans, molluskS, worms, fish, carcasses, and garbage dump
items (Owre, 1990). They seem to have adapted well to certain
interferences by man. Over 10,000 individual gulls were counted
at the Collier County Landfill during the Audubon Society's
annual Christmas bird count in 1990 (Hart, 1991). Gull species
occurring in the area include the Laughing Gull, Bonaparte's
Gull, Herring Gull, and Ring-billed Gull.
Terns are more delicate than gulls, with longer, narrower wings,
making their flights faster and more buoyant. They have smaller
legs and feet than gulls, and so tend to swim less and rarely
forage while walking. Terns feed on small fish and invertebrates
at the surface of the water, and feed in marine, brackish, and
freshwater wetlands. There are usually several species of terns
that coexist within a given area. It has been found that
competition among species is reduced due to their differences in
size, which correspond to different prey sizes. Most terns are
ground-nesters, usually on undisturbed beaches and shorelines.
populations of many species have been drastically reduced.
Numbers declined historically because they were hunted for their
plumage for the millinery trade. Later, nests were poached for
their eggs, which were considered a delicacy. More recently,
habitat destruction by human development is further reducing
populations. Tern species occurring in the area include the Black
Tern, Caspian Tern, Common Tern, Forster's Tern, Gull-billed
Tern, Least Tern, Roseate Tern, Royal Tern, and Sandwich Tern
(Owre, 1990).
There are only three species of skimmers that exist, one of
which, the Black Skimmer, is present in coastal Collier County.
populations of permanent and winter residents exist. Foraging is
accomplished by flying very low over the water with the lower
mandible skimming the surface (Owre, 1990).
Land Birds: Land birds are not especially modified for the
aquatic environment. Those considered in this section are coastal
birds and would be subject to stresses caused by degradation of
the coastal zone. These birds are grouped into five categories,
according to Owre (1990): West Indian avifauna, endemic
subspecies, migrants passing through the area in spring or fall,
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wintering land birds, and permanent residents. A sixth category,
summer residents, is also considered appropriate to include in
this section.
West Indian avifauna I species have colonized south Florida areas
from the West Indies. In Collier County, these include the
Mangrove Cuckoo, Mourning Dove, Smooth-billed Ani, White-crowned
Pigeon, and Black-whiskered vireo. The White-crowned Pigeon, a
Species of Special Concern (SSC), depends on small mangrove
islets for breeding. This species has been subject to extreme
hunting and development pressure, and numbers are rapidly
decreasing (Owre, 1990).
Endemic subspecies include species that are representative of
North American bird species, but are recognizable unique
subspecies endemic to south Florida. The Cape Sable Seaside
Sparrow and Prairie Warbler are two such species found in Collier
County (Owre, 1990).
Migrants passing through the area in spring or fall include many
species of land birds that overwinter in South America or the
West Indies and stop in this area en route. Examples of species
included in this category are the Blackpoll Warbler, Barn
Swallow, Northern oriole, Tennessee Warbler, Downy Woodpecker,
Eastern Kingbird, Black-throated Blue Warbler, and American
Redstart. These rest and forage within the maritime habitats to
build up fat reserves for the remainder of the migration.
Habitats that are used include mangrove forests, tropical
hammocks, salt marshes, coastal prairies, and others. Available
feeding and resting areas are critical to these birds as they are
often approaching exhaustion from the long and difficult
migration (Owre, 1990).
wintering land birds include several species that are dependent
on the County's coastal zone during the winter months. It is
necessary for them to build up sufficient fat reserves before
beginning their northward migrations in the spring. There are
numerous species of wintering birds that are found in the area
(Table 6.2-2).
Summer residents are birds that usually use the area for breeding
and nesting purposes. They commonly winter in more southern
latitudes. Summer residents found in the County's coastal zone
include the Yellow-billed CUckoo, Common Nighthawk, RUby-throated
Hummingbird, Purple Martin, Eastern Bluebird, and Northern
Parula.
Permanent residents common to the area include species of
landbirds that reside in coastal Collier County year-round and
II -196-
are integral components of natural coastal habitats. Many
different species of permanent residents are found within Collier
county's coastal zone (Table 6.2-2).
6.2.3 Existing Protection
Federal Protection:
The Migratory Bird Treaty Act of 1981 (16 U.S.C. 703-711) is a
federal law that protects certain species of birds. The Act makes
it unlawful "...to pursue, hunt, take, capture, kill, attempt to
take, capture or kill, possess, ...offer for sale, sell,...any
migratory bird, any part, nest or eggs of any such bird...".
violators may be fined from $500 to $2,000 and/or imprisoned from
six months to a year. However, the Act does not prohibit actions
which negatively impact the species' habitat.
Another federal law, the Endangered Species Protection Act of
1973 (16 U.S.C. 1531) protects those species that are listed as
endangered or threatened by the USFWS (Table 6.2-1). An
endangered species is defined as "any species which is in danger
of extinction throughout all or a significant portion of its
range...", and a threatened species is defined as "any species
which is likely to become an endangered species within the
foreseeable future throughout all or a significant portion of its
range." Section Nine under this Act makes it unlawful to 'take'
any listed species, with the term 'take' meaning "to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture or collect,
or to attempt to engage in any such conduct...". violators may be
fined from $5,000 to $20,000 and/or imprisoned from six months to
a year, under civil or criminal suit.
The Act provides some legislation for habitat protection, one of
the major concerns for the recovery of listed species in today's
rapidly developing world. It is prohibited under this Act for the
federal government to fund or authorize any actions that would
jeopardize a listed species directly or by negatively modifying
its habitat. "section 6.1: Sea Turtle Protection" further
discusses the ramifications of the Endangered Species Act.
The USFWS has published several Recovery Plans for certain
endangered species. Recovery plans for listed avifauna that exist
today include the Southeastern States Bald Eagle (USFWS, 1989),
Eastern Brown Pelican (USFWS, 1980), Red-cockaded Woodpecker
(USFWS, 1985), Florida Snail Kite (USFWS, 1986a), and Wood Stork
(USFWS, 1986b) Recovery Plans. These plans generally include
basic life history information, reasons for population decline,
recovery objectives, and an implementation schedule designed to
allow the species to recover. Habitat requirements are given
II -197-
according to the most appropriate research. The recovery plans
may be used by state and local governments as guidelines in the
development of legislation for listed species habitat protection.
The u.s. Army Corps of Engineers (ACE) administers section 404 of
the Clean Water Act of 1977. This Act deals with wetland and
water quality protection. Listed bird species that depend on
wetlands for at least part of their life cycle are considered by
the ACE in their permit review and enforcement procedures.
According to section 7 of the Endangered Species Act, the ACE
must consult with the USFWS if any action it authorizes may, in
any way, affect endangered or threatened species or negatively
impact the species' critical habitat.
state Protection:
In addition to the federal list, the state of Florida has its own
list of Endangered and Threatened Species, and Species of Special
Concern (SSC). Coastal birds that are so listed may be found in
Table 6.2-1. This list was compiled under the authority of the
Florida Endangered and Threatened Species Act of 1977, Chapter
372.072, Florida Statutes. "As Florida has more endangered and
threatened species than any other continental state, it is the
intent of the Legislature to provide for research and management
to conserve and protect these species as a natural resource
(Chapter 372.072, Florida Statutes). According to the Act,
endangered and threatened species may be so defined by the
FGFWFC, the FDNR, and the u.S. Department of the Interior, or
successor agencies.
The FGFWFC has jurisdiction over protection of state of Florida
listed freshwater and upland species, and the FDNR has
responsibility for the research and management of marine species,
pursuant to this Act, which is the enabling legislation for the
Florida wildlife Code, Title 39. Chapter 39-19 of the Florida
Administrative Code (F.A.C.) allows the establishment, opening,
and closing of bird sanctuaries and critical wildlife Areas
(CWAs). within CWAs, it is unlawful for anyone to take or disturb
any wildlife, with disturbance activities including unauthorized
entry and the operation of or use of any vehicle.
Chapter 39-27 F.A.C. makes it unlawful for anyone to n...pursue,
molest, harm, harass, capture or possess any endangered species
or parts thereof or their nests or eggs except as authorized by
specific permit, permits being issued only when the permitted
activity will clearly enhance the survival potential of the
species...; take, possess, transport, or sell any threatened
species or parts thereof or their nests or eggs except as
authorized by specific permit from the Executive Director,
permits being issued only for scientific or conservation purposes
II -198-
and only upon a showing by the applicant that the permitted
activity will not have a negative impact on the survival of the
species...; and take, possess, transport, or sell, any species of
special concern or parts thereof or their nests or eggs except as
authorized by commission regulations or by permit from the
Executive Director or by statute or regulation of any other state
agency, permits being issued upon reasonable conclusion that the
permitted activity will not be detrimental to the survival
potential of the species."
The Florida Department of Environmental Regulation has
jurisdiction over Waters of the state, as defined in Chapter 403,
Florida statutes. Activities that impact water quality are
regulated by this agency. In section 403.918, it is stated that a
permit may not be granted where the proposed project is within or
will significantly degrade an outstanding Florida Water, unless
it is clearly in the public interest, nor may a permit be granted
in other waters of the state if the project is contrary to public
interest. There are seven criteria used to determine if a project
is clearly in the public interest or not contrary to public
interest. One of these is "whether the project will adversely
affect the conservation of fish and wildlife, including
endangered or threatened species, or their habitats".
County Protection:
The most important existing County ordinance that addresses
protection of threatened and endangered bird species is Ordinance
77-66. This ordinance requires that an Environmental Impact
statement (EIS) be filed by the applicant for any proposed
project covering ten or more acres, or any project that would
have substantial impact on environmental quality. In the EIS, a
species survey is required to determine if any protected species
are using the property (see below: Policy 7.3.6).
Goal 1 of the Conservation and Coastal Management Element (CCME)
of the Collier County Growth Management Plan (1989), states that
the "County shall continue to plan for the protection,
conservation, management and appropriate use of its natural
resources." objective 1.1 states that by "August 1, 1994, the
County will complete the development and implementation of a
comprehensive environmental management and conservation program
that will ensure that the natural resources, including species of
special status, of Collier County are properly, appropriately,
and effectively identified, managed, and protected". Species of
special status are those species that are officially listed by
the FGFWFC. Objective 1.3 requires the completion of the Natural
Resources Protection Areas (NRPA) program, a program which will
be designed to protect important habitat areas for species listed
by the FGFWFC.
II -199-
Goal 6 of the CCME states that the "County shall identify,
protect, conserve and appropriately use its native vegetative
communities and wildlife habitat". Objective 6.1 requires that by
August 1, 1992, development standards and criteria be in place
for habitats important to protected species.
Goal 7 of the CCME states that the "County shall protect and
conserve its fisheries and wildlife". Objective 7.3 states that
by "January 1, 1992, the County shall develop and implement
programs for protecting fisheries and other animal wildlife".
Policy 7.3.3 further states that "by the time mandated for the
adoption of land development regulations pursuant to Chapter
163.3202 F.S., including any amendments thereto, the County will
prepare management guidelines to be incorporated as stipulations
for land development orders and to inform land owners and the
general public of proper practices to reduce disturbances to bald
eagle nests, red-cockaded woodpeckers, Florida panther, and wood
stork habitat. By January 1, 1992, the County will complete the
preparations of management guidelines for other species of
special status". Until that time, the County uses recommendations
from the FGFWFC and the guidelines developed by the USFWS,
pursuant to Policy 7.3.4. Policy 7.3.6 requires a species survey,
including species of special status, to be done on proposed
developments greater than 10 acres, as part of the County's
Environmental Impact statement review process. Policy 7.3.7
requires that the County notify the FGFWFC if any species of
special status are discovered as a result of the species survey.
pOlicy 7.3.8 requires that the County consider recommendations of
the FGFWFC regarding the treatment of species of special status
in issuing development orders.
6.2.4 Recommendations
Collier County provides important nesting, foraging, and
overwintering habitat for many species of both protected and
other bird species. As such, it is recommended that the County be
declared a bird sanctuary, and that County programs be instated
to assist federal and state agencies in the study and protection
of certain bird species and their habitats.
Education and public awareness programs that highlight the
uniqueness of Collier County as a bird sanctuary should be
instated. It is important for residents to understand the
significance of habitat protection needs for breeding and
overwintering bird populations. The instatement of such programs
may play a key role in the balancing of public opinion between
conservation issues and human development concerns.
II -200-
TABLE 6.2-1: DESIGNATED AVIFAUNAL SPECIES IN THE COASTAL ZONE
(Adapted from Owre, 1990)
Species
category of Concern*
Federal
(USFWS)
state
(FGFWFC)
cites'
Sched-
ule
American Kestrel
(Falco sparverius)
UR2
T
II
American oystercatcher
(Haematopus palliatus)
SSC
American Swallow-tailed Kite
(Elanoides forficatus)
UR5
Arctic Peregrine Falcon
(Falco perearinus tundrius)
T
E
I
Bald Eagle
(Haliaeetus leucocephalus)
E
T
I
Brown Pelican
(Pelecanus occidental is)
SSC
Burrowing Owl
(Athene cunicularia)
SSC
Cape Sable Seaside Sparrow E
(Ammodramus maritimus mirabilis)
E
Florida Sandhill Crane
(Grus canadensis pratensis)
T
II
Least Tern
(sterna antillarum)
T
Limpkin**
(Aramus auarauna)
SSC
Little Blue Heron
(Earetta caerulea)
SSC
Mangrove Clapper Rail
(Rallus lonairostris insularum)
UR2
II -201-
Merlin (pigeon Hawk)
(Falco columbarius)
II
Marsh Hawk
(Circus cvaneus)
II
osprey
(Pandion haliaetus)
Piping Plover
(Charadrius melodus)
SSC
II
T
T
Reddish Egret
(Earetta rufescens)
UR2
SSC
Roseate spoonbill
(Aiaia aiaia)
SSC
Roseate Tern
(sterna douaallii)
T
T
Snowy Egret
(Earetta thula)
SSC
Southeastern Snowy Plover
(Charadrius alexandrinus
tenuirostris)
UR2
T
Tricolor Heron
(Earetta tricolor)
SSC
White-crowned Pigeon
(Columba leucocephala)
UR2
T
Wood Stork
(Mvcteria americana)
E
E
* E = Endangered; T = Threatened; SSC = Species of Special
Concern; UR2 = Under review for listing, but substantial evidence
of biological vulnerability and/or threat is lacking; UR5 = still
formally under review for listing, but no longer considered for
listing because recent information indicates species is more
widespread or abundant than previously believed; I = Species with
greatest threat of extinction; II = Species under threat.
. CITES = Convention on International Trade in Endangered Species
** The limpkin is a bird of freshwater habitats and enters the
study area infrequently.
II -202-
TABLE 6.2-2: COASTAL AVIFAUNA OF COLLIER COUNTY
* Seasonality:
WR = winter Resident
PR = Permanent Resident
SR = Summer Resident
MV = Migrating visitor
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY.
LOONS
Common Loon
(Gavia immer)
GREBES
Horned Grebe
(Podiceps auritus)
Pied-billed Grebe
(Podilvmbus pOdiceps)
PELICANS AND ALLIES
Pelicans
American White Pelican WR
(Pelecanus ervthrorhvnchos)
WR
WR
PR, WR
Brown Pelican PR, WR
(Pelecanus occidental is)
Cormorants
Double-crested Cormorant
(Phalacrocorax auritusl
Anhinqas
Anhinga
(Anhinaa anhinaa)
Magnificent Frigatebird
(Freaata maanificens)
PR, WR
PR, WR
PR
II -203-
Inshore, offshore,
estuaries, bays
Coastal, inshore
Freshwater, mangrove
shorelines
Principally mangrove
shorelines
Protected coastal waters
Protected coastal
waters, less frequently
freshwater
Largely freshwater,
quiet mangrove waters;
nests in mangroves
Inshore, offshore;
nests on mangroves and
bushes
SPECIES
----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY*
HERONS AND ALLIES
Eqrets and Herons
Cattle Egret
(Bubulcus ibis)
Great Egret
(casmerodius albus)
Little Blue Heron
(Earetta caerulea)
Reddish Egret
(Earetta rufescens)
Snowy Egret
(Earetta thula)
Tricolored Heron
(Earetta tricolor)
Black-crowned Night Heron
(Nvcticorax nvcticorax)
Great Blue Heron
herodias)
Green Heron
(Butorides striatus)
Yellow-crowned Night
(Nvcticorax violacea)
Ibises and Spoonbills
Glossy Ibis
(Pleaadis falcinellus)
White Ibis
(Eudocimus albus)
PR, MV
PR, WR,
MV
PR, WR,
MV
PR
PR, WR,
MV
PR, WR,
MV
MV
PR, WR
PR, MV
PR, WR,
MV
PR
PR
II -204-
Nests in colonial,
water-bird rookeries
in mangroves
All wadable wetlands
and dry prairie
Shallow wetlands,
particularly
freshwater
Brackish marshes,
shallow coastal habitats
Wadable wetlands,
coastal and freshwater
Shallow, quiet
coastal areas
PR, WR, Estuaries and
islets, coastal and
freshwater
coastal, (Ardea
estuarine, freshwater
Forested water margins,
coastal and freshwater
Mangrove shorelines, Heron
mudflats
Freshwater, less
frequently marine
wetlands
Marine and freshwater
wetlands, beaches, and
pastures
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY.
Roseate Spoonbill
a;a;a)
Storks
Wood stork
(Mvcteria americana)
WATERFOWL
American widgeon
(Anas americana)
Black Duck
(~ rubripes)
Blue-winged Teal
(Anas discors)
Canada Goose
(Branta canadensis)
Common Merganser
(Meraus meraanser)
Green-winged Teal
(Anas crecca)
Hooded Merganser
(Lophodvtes cucullatus)
Lesser Scaup
(Avthva affinis)
Mallard
(Anas platvrhvnchos)
Mottled Duck
(Anas fulviaula)
Northern pintail
(Anas acuta)
Red-breasted Merganser
(Meraus serrator)
PR, WR,
SR
PR
WR, MV
PR, WR
WR, MV
WR
WR
WR
MV
WR, MV
WR
PR
WR, MV
WR, MV
II -205-
Coastal mangroves, (A;aia
swamps, and freshwater
wetlands
Freshwater and
marine wetlands
Freshwater areas,
coastal
Marshes, lakes, streams,
coastal mud flats,
estuaries
Freshwater areas,
coastal
Lakes, bays, rivers,
marshes. Feeds in open
grasslands.
Wooded creeks and rivers;
in winter, on estuaries
Marshes, ponds, marshy
lakes
Wooded ponds, lakes, and
rivers
Marine waters, more
often than freshwater
Ponds, lakes, marshes
Freshwater and coastal
wetlands
Freshwater areas,
coastal
Coastal and inshore
waters
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY.
Ring-necked Duck
(Avthva collaris)
Shoveller
(Spatula clvpeata)
Wood Duck
(Aix sponsa)
VULTURES, HAWKS, AND FALCONS
VUltures
Black Vulture
(Coraavos atratus)
Turkey Vulture
(Cathartes aura)
WR, MV
WR
WR
PR
PR, WR
Kites, Eagles, Hawks, and ospreys
American Swallow-tailed SR
Kite (Elanoides forficatus)
Bald Eagle
(Haliaeetus leucocephalus)
nearby for nesting
Broad-winged Hawk
platvpterus)
Cooper's Hawk
(Accipiter cooperii)
Marsh Hawk
(Circus cvaneus)
Red-Shouldered Hawk
(Buteo lineatus)
Red-tailed Hawk
(Buteo iamaicensis)
PR, WR
WR, MV
MV
WR, MV
PR
WR, PR
II -206-
Freshwater areas,
more often than coastal
Ponds and marshes
Wooded rivers and ponds,
swamps, freshwater marshes
Ubiquitous
Ubiquitous, land and
littoral areas
countryside with
mixed forest growth -
mangroves, etc.
Seacoasts, lakes and
rivers with tall trees
Dense wooded (Buteo
areas including mangroves;
tropical hammocks
Wooded areas
Marshes, coastal
prairies, and shorelines
Forested freshwater
and marine wetlands;
mangroves, tropical
hammocks
Deciduous forest, open
country
SPECIES
SEASONALITY.
-----------------------------------------------------------------
PRIMARY HABITAT(S)
Sharp-shinned Hawk
(Accipiter striatus)
WR, MV
osprey
(pandion haliaetus)
PR, MV
FALCONS
American Kestrel
(Falco sparverius)
PR, WR
Artic peregrine Falcon WR, MV
(Falco perearinus tundrius)
Merlin (Pigeon Hawk) WR, MV
(Falco columbarius)
CRANES AND ALLIES
Coots and Rails
American Coot
(Fulica americana)
WR
Clapper Rail
(Rallus lonairostris)
PR
Common Gallinule
(Gallinula chloropus)
King Rail
(Rallus eleaans)
Forested areas, especially
mangroves, scattered
growth
Freshwater and marine
areas with trees or
utility poles, etc. for
nests
Fringes of growth,
open landscape with
scattered growth, pinel and
Seacoasts, estuaries,
urban areas; requires dead
trees, poles, etc. for
lookouts
Seacoasts, edges of
woodlands, mangroves
Brackish bays,
estuaries, mangroves,
lakes, and freshwater
areas
Coastal swamps
Freshwater marshes,
vegetated ponds
PR, WR, Freshwater wetlands,
MV salinities below 3.7 ppt
virginia Rail
(Rallus limicola)
WR, MV Freshwater wetlands;
Uncommon rare in brackish and
coastal marshes
II -207-
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY.
Cranes
Florida Sandhill Crane
(Grus canadensis
pratensis)
SHOREBIRDS
Plovers
Black-bellied Plover
(Pluvialis sauatarola)
Killdeer
(Charadrius vocirerus)
Piping Plover
(Charadrius melodus)
semipalmated Plover
(Charadrius semipalmatus)
Southeastern Snowy Plover
(Charadrius alexandrinus
tenuirostris)
wilson's Plover
wilsonia)
oystercatchers
American Oystercatcher
(Haematopus palliatus)
Avocets and stilts
Black-necked stilt
(Himantopus mexicanus)
sandpipers and Allies
Common Snipe
(Capella aallinaao)
Dunlin
(Calidris alpina)
PR
WR, MV
PR, WR,
MV
WR, MV
WR, MV
PR
WR, SR
WR, PR
SR,
rare WR
MV
WR, MV
II -208-
Freshwater marshes
near interface with
coastal mangroves
Surf line, mudflats,
and salt marshes
Coastal and freshwater
shorelines, levees,
mudflats, filled areas,
vacant lots, etc.
Coastal, sandy
beaches
Sandy beaches, tidal
mudflats
Sandy beaches, upper
and tidal
Sandy beaches, (Charadrius
tidal mudflats
sandy beaches near
mollusk beds
Freshwater, marine
wetlands
Freshwater marshes, ponds,
flooded meadows and
fields, rarely in salt
marshes
sandy beaches, tidal
flats
SPECIES
SEASONALITY.
-----------------------------------------------------------------
PRIMARY HABITAT(S)
Greater Yellowlegs
(Trinaa melanoleuca)
WR, MV
Least Sandpiper
(Calidris minutilla)
WR, MV
Lesser Yellowlegs
(Totanus flavipes)
MV
Marbled Godwit
(Limosa fedoaj
WR, MV
Pectoral Sandpiper
melanotos)
MV
Red Knot
(Calidris canutus)
WR, MV
Ruddy Turnstone
(Arenaria interpres)
WR, MV
sanderling
(Calidris alba)
WR, MV
semipalmated Sandpiper
(Calidris pusilla)
WR, MV
Short-billed Dowitcher
(Limnodromus ariseus)
WR, MV
Western Sandpiper
(Calidris mauri)
Whimbrel
(Numenius phaeopus)
WR, MV
WR, MV
willet WR, SR,
(CatoptroPhorus semipalmatus) MV
II -209-
Shallow water, tidal
flats, mudflats; coastal
and inland
Sandy beaches, tidal
flats
Shallow water, tidal
flats, mudflats; coastal
and inland
Coastal, estuaries,
oyster reefs
Grassy mudflats, (Calidris
short-grass marshes
Intertidal zone
Upper and lower
beaches, especially tidal
zone
Sandy beaches
Beaches, intertidal
zone, and mudflats
Sheltered coastal
beaches, mudflats,
marshes, flooded fields,
and shallow brackish water
Sandy beaches, tidal
flats
Arctic tundra, coastal
freshwater pools; on
migration, coastal salt
meadows, mudflats, and
grassy slopes near coast
Sandy beaches, mudflats
and salt marshes
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY*
Gulls (non-pelagic)
Bonaparte's Gull
(Larus philadelphia)
Herring Gull
(Larus araentatus)
Laughing Gull
(Larus atricilla)
Ring-billed Gull
(Larus delawarensis)
Terns
Black Tern
(Chlidonias niara)
Caspian Tern
(sterna caspia)
Common Tern
(sterna hirundo)
Forster's Tern
(sterna forsteri)
Gull-billed Tern
(sterna nilotica)
Least Tern
(sterna antillarum)
Roseate Tern
(sterna douaallii)
Royal Tern
maxima)
Sandwich Tern
(Sterna sandvicensis)
WR
Uncommon
WR, MV
SR, WR,
WR,MV
MV
WR, MV
WR, MV
WR, MV
SR, WR,
MV
SR
SR, WR,
MV
PR, SR
SR, WR,
II -210-
Littoral, inshore,
inland
Littoral, inshore,
inland
Littoral, inshore,
inland
Littoral, inshore,
inland
Offshore, inshore,
inland
Coastlines, estuaries,
and freshwater wetlands
coastal, inland;
sandy beaches
Coastal and inland
Lowland coasts,
estuaries, inland lakes,
marshes, etc.
Coastal and inland
Exclusively maritime;
shallow sandy areas,
shingle beaches
Inshore waters, (sterna
coastlines, estuaries
Inshore, coastal
waters, estuaries, sand
bars, and humps
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY.
SkilDlllers
Black Skimmer
(Rvnchops niaer)
Black-whiskered vireo
(Vireo altiloauus)
Mangrove Cuckoo
(Coccvzus minor)
PR, WR
SR
PR
Mourning Dove PR
(Zenaida macroura macroura)
(West Indian subspecies)
Smooth-billed Ani
(Crotophaaa ani)
White-crowned Pigeon
(Columba leucocephala)
Yellow Warbler
(Dendroica petechia)
ENDEKIC SUBSPECIES
Cape Sable Seaside Sparrow
(Ammodramus maritimus
mirabilis)
PR
PR, SR
PR
PR
prairie Warbler PR
(Dendroica discolor paludicola)
KIGRANTS
American Redstart
(Setophaaa ruticilla)
MV
II -211-
Beaches, sandbars,
spoil islands, parking
lots, etc. in daytime
WEST INDIAN ELEMENT
Mangroves and some
neighboring growth
Mangroves, tropical
hammock, & beach scrub
Open, terrestrial
areas
Open areas with
scattered growth, gardens,
fields, and clearings
Mangroves (nests) and
neighboring upland
Moist thickets, especially
along streams and in
swampy areas
Formerly found in
Spartina marsh, Cape
Sable; now in East
Everglades & Big Cypress
areas (freshwater)
Mangroves
Second-growth woodlands,
thickets with saplings
SPECIES
SEASONALITY*
-----------------------------------------------------------------
PRIMARY HABITAT(S)
Barn Swallow
(Hirundo rustica)
MV
Blackpoll Warbler
(Dendroica striata)
Black-throated Blue Warbler MV
(Picoides caerulescens)
MV
Downy Woodpecker
(Dendrocooos oubescens)
MV
Eastern Kingbird
(Tvrannus tvrannus)
MV
Northern Oriole
(Icterus qalbula)
MV
Tennessee Warbler
(Vermivora pereqrina)
MV
WINTER RESIDENTS
American Goldfinch
(Carduelis tristis)
WR
American Robin
(Turdus miqratorius)
WR
Belted Kingfisher
(Meqacervle alcyon)
WR, MV
Black-and-white Warbler
(Mniotilta varia)
WR
II -212-
Air space low over the
study area; may roost in
mangroves or other trees
Forest canopy;
roosting & foraging
Mixed deciduous and
evergreen woodlands with
thick understory
Woodlots, parks, and
gardens
open country, farmland,
lake and river shores,
roadsides
Deciduous woodland and
shade trees
Open mixed woodlands in
breeding season; in trees
and bushes during
migration
Brushy thickets, weedy
grasslands, and nearby
trees
Residential areas, open
woodlands, farmlands
Clear marine and
fresh water with suitable
perches nearby
Primary and secondary
forest, mostly deciduous;
in migration, in
residential areas
SPECIES
SEASONALITY.
-----------------------------------------------------------------
PRIMARY HABITAT(S)
Blue-gray Gnatcatcher
(Polioptila caerulea)
WR
Brown-headed Nuthatch
(Sitta pusilla)
WR
Eastern Phoebe
(Savornis phoebe)
WR
Gray Catbird
(Dumetella carolinensis)
WK
Hermit Thrush
(Catharus auttatus)
WR
House Wren WR
(Troalodvtes aedon)
Loggerhead Shrike WR
(Lanius ludovicianus)
Orange-crowned Warbler WR
(Vermivora celata)
Ovenbird WR
(Seiurus aurocapillus)
Palm Warbler WR, MV
(Dendroica palmarum)
RUby-crowned Kinglet WR
(Reaulus calendula)
Savannah sparrow WR
(Passerculus sandwichensis)
II -213-
Mangrove forests,
tropical hammocks,
surburban landscaping, and
parks
Coniferous and mixed
forests
Open woodlands near
streams, buildings with
ledges, bridges
Thickets and brush,
residential areas
Coniferous and mixed
forests; deciduous
woodlands and thickets in
winter
Residential areas,
farmlands, woodland edges
Grasslands and open areas
with scattered trees; open
grassy woodlands
Thickets and brushy
woodlands
Mature, dry forest with
little understory
Open spaces and roosting
trees
Coniferous forests in
summer; deciduous forests
with thickets in winter
Fields, prairies,
saltmarshes, and grassy
dunes
SPECIES
-----------------------------------------------------------------
PRIMARY BABITAT(S)
SEASONALITY.
Solitary vireo
(vireo solitarius)
song sparrow
(Melospiza melodia)
swamp Sparrow
(Melospiza aeorqiana)
Tree Swallow
(Iridoprocne bicolor)
Tufted Titmouse
(Parus bicolor)
Yellow-bellied Sapsucker
(Sphvrapicus varius)
Yellow-rumped Warbler
(Dendroica coronata)
Yellow-throated Warbler
(Dendroica dominica)
SUMMER RESIDENTS
Chuck-will's widow
(Caprimulqus carolinensis)
Common Nighthawk
(Chordeiles minor)
Eastern Bluebird
(Sialia sialis)
WR
WR
WR
WR
WR
WR
WR
WR
SR
SR
SR
II -214-
Coniferous and mixed
forests
Thickets, pastures,
undergrowth in gardens and
city parks
Freshwater marshes and
open wooded swamps; in
migration, in weedy
fields, parks, brush piles
General landscape, plus
roosting trees, fruiting
trees
swampy or moist woodlands,
shade trees in residential
areas
Mangroves, tropical
hammocks, and trees
anywhere
Coniferous and mixed
forests
Pine, cypress, sycamore,
and oak forests in swamps
or uplands
Open woodland and
clearings near farmlands
Aerial, open country; seen
in residential areas
open farmlands with
scattered trees
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY*
Northern Parula
(Parula americana)
Purple Martin
(proane subis)
Ruby-throated Hummingbird
(Archilochus colubris)
Yellow-billed Cuckoo
(Coccvzus americanus)
PERMANENT RESIDENTS
Barn Owl
alba)
Barred Owl
(Strix varia)
Bobwhite
virainianus)
Blue Jay
(Cvanocitta cristata)
Boat-tailed Grackle
(Ouiscalus maior)
Brown Thrasher
(Toxostoma rufum)
Burrowing Owl
(Athene cunicularia)
Cardinal
(Richmondena cardinalis)
SR
SR
SR
SR
PR
PR
PR
PR
PR
PR
PR
PR
II -215-
Wet, usually coniferous
woods, swamp, and along
lakes and ponds
Open woodland, residential
areas, farmland
Suburban gardens, parks
and woodlands
Moist thickets, willows,
overgrown pastures and
orchards
Open country, forest (Tvto
edges and clearings,
farmlands, residential
areas
Low, wet woodlands and
swamp forest
Pastures, grassy (Colinus
roadsides, farmland
Oak forest, residential
areas where oaks are
present
Coastal marshes, farmlands
Thickets, fields with
scrub, woodland borders
Open ground with depth
of soil for burrows:
landfills, prairies, etc.
Woodland edges, thickets,
brushy swamps, gardens
SPECIES
-----------------------------------------------------------------
PRIMARY HABITAT(S)
SEASONALITY*
Carolina Wren
(Thrvothorus IUdovicianus)
Common Crow
(Corvus brachvrhvnchos)
Common Flicker
(Colaptes auratus)
Common Grackle
(Ouiscaluis auiscula)
Common Yellowthroat
(Geothlvpis trichas)
Eastern Meadowlark
(sturnella maana)
Fish Crow
(Corvus ossifraaus)
Great-crested Flycatcher
(Mviarchus crinitus)
Ground Dove
(Columbiaallina passerina)
Hairy woodpecker
(Picoides villosus)
Mockingbird
(Mimus polvalottos)
pileated Woodpecker
(Drvocopus pileatus)
pine Warbler
(Dendroica pinus)
prairie Warbler
(Dendroica discolor)
Red-bellied Woodpecker
(Centurus carolinus)
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
PR
II -216-
Woodlands, thickets
Woodlands, farmland,
residential areas
Open country with trees,
parklands
Lawns, parks, fields, open
woodlands
Moist thickets and grassy
marshes
Meadows, pastures,
prairies
Low coastal areas and
lakes, rivers, and swamps
Open forests, orchards,
large trees in farmlands
Open fields, farmland,
roadsides
Deciduous forest
Residential areas,
farmland, open country
Dense forest and borders
pine forests
Open scrub, mangrove
swamps
Densely or sparsely
wooded areas
-----------------------------------------------------------------
SPECIES SEASONALITY*
PRIMARY HABITAT(S)
Red-cockaded Woodpecker PR
(Picoides borealis)
Red-headed Woodpecker PR
(Melanerpes ervthrocephalus)
pine forests
Open country, farms, rural
roads, open park-like
woodland, golf courses
Red-winged Blackbird PR
(Aaelaius phoeniceus)
Marshes, swampy
habitat; also pastures,
lawns, and open ground
Rufous-sided Towhee PR
(pipilo ervthrophthalmus)
Thickets and brushy
woodland edges
Screech Owl PR
(otus asio)
open deciduous woods,
woodlots, lake shores,
residential areas
White-eyed vireo PR
(Vireo ariseus)
understory thickets
and bushes
Yellow-shafted Flicker PR
(Colaptes auratus)
Yellow-throated vireo PR
(vireo flavifrons)
Open country, parklands
Tall deciduous trees at
edges of forests, along
streams, roadsides,
parks, and estates
(Bull and Farrand, Jr., 1977; Owre, 1990; and Peterson, 1947).
II -217-
TABLE 6.2-3
ALPHABETICAL LIST OF THE COASTAL AVIFAUNA OF COLLIER COUNTY
American Coot
American Goldfinch
American Kestrel (Sparrow Hawk)
American oystercatcher
American Redstart
American Robin
American Swallow-tailed kite
American White Pelican
American widgeon
Anhinga
Arctic Peregrine Falcon
Arctic Tern
Bald Eagle
Barn Owl
Barn Swallow
Barred Owl
Belted Kingfisher
Black-and-White Warbler
Black-bellied Plover
Black-crowned Night Heron
Black Duck
Black-necked stilt
Blackpoll Warbler
Black Skimmer
Black Tern
Black-throated Blue Warbler
Black Vulture
Black-whiskered Vireo
Blue-gray Gnatcatcher
Blue Jay
Blue-winged Teal
Boat-tailed Grackle
Bobwhite
Bonaparte's Gull
Broad-winged Hawk
Brown-headed Nuthatch
Brown Pelican
Brown Thrasher
Burrowing Owl
Canada Goose
Cape Sable Seaside Sparrow
Cardinal
Carolina Wren
Caspian Tern
Cattle Egret
Chuck-will's widow
Common Crow
Common Flicker
Common Gallinule
Common Grackle
Common Loon
Common Merganser
Common Nighthawk
Common Snipe
Common Tern
Common Yellowthroat
Cooper's Hawk
Double-crested Cormorant
Downy Woodpecker
Dunlin
Eastern Bluebird
Eastern Kingbird
Eastern Meadowlark
Eastern Phoebe
Fish Crow
Florida Red-tailed Hawk
Florida Sandhill Crane
Forster's Tern
Glossy Ibis
Gray Catbird
Great Blue Heron
Great Egret
Great-crested Flycatcher
Greater Yellowlegs
Green Heron
Green-winged Teal
Ground Dove
Hairy Woodpecker
Hermit Thrush
Herring Gull
Hooded Merganser
Horned Grebe
House Wren
Killdeer
King Rail
Laughing Gull
Least sandpiper
Least Tern
Lesser scaup
Lesser Yellowlegs
Limpkin
Little Blue Heron
Loggerhead Shrike
Magnificent Frigatebird
II -218-
TABLE 6.2-3
ALPHABETICAL LIST OF THE COASTAL AVIFAUNA OF COLLIER COUNTY
Mallard
Mangrove Clapper Rail
Mangrove Cuckoo
Marbled Godwit
Marsh Hawk (Harrier)
Merlin (pigeon Hawk)
Mockingbird
Mottled Duck
Mourning Dove
Northern Oriole
Northern Parula
Northern pintail
Orange-crowned Warbler
osprey
ovenbird
Palm Warbler
Pied-billed Grebe
Pileated Woodpecker
pine Warbler
Piping Plover
prairie Warbler
Purple Martin
Red-bellied Woodpecker
Red-breasted Merganser
Red-cockaded Woodpecker
Reddish Egret
Red-headed Woodpecker
Red Knot
Red-shouldered Hawk
Red-tailed Hawk
Red-winged Blackbird
Ring-billed Gull
Ring-necked Duck
Roseate Spoonbill
Roseate Tern
Royal Tern
Ruby-crowned Kinglet
Ruby-throated Hummingbird
Ruddy Turnstone
Rufous-sided Towhee
sanderling
Sandwich Tern
Savannah Sparrow
Screech Owl
semipalmated Plover
Semipalmated Sandpiper
Sharp-shinned Hawk
Short-billed Dowitcher
Shoveler
Smooth-billed Ani
Snowy Egret
Snowy Plover
Solitary Vireo
song Sparrow
Southeastern Snowy Plover
Sparrow Hawk
Spotted Sandpiper
starling
Swamp sparrow
Tennessee Warbler
Tree Swallow
Tricolor Heron
Tufted Titmouse
Turkey Vulture
Virginia Rail
Western Sandpiper
Whip-poor-will
White-crowned pigeon
White-eyed Vireo
White Ibis
Willet
Wilson's Plover
Wood Duck
Wood Stork
Yellow-bellied Sapsucker
Yellow-billed Cuckoo
Yellow-crowned Night Heron
Yellow-rumped Warbler
Yellow-shafted Flicker
Yellow-throated Vireo
Yellow-throated Warbler
Yellow Warbler
II -219-
6.3 MANATEE PROTECTION
6.3.1 Introduction
The West Indian Manatee (Trichechus manatus) is one of four
living species of large herbivorous aquatic mammals of the Order
sirenia. The animals are characterized by having thick skin,
sparse body hair, paddle-shaped forelimbs, horizontally flattened
tails, and no hindlimbs. The average adult is nine to eleven and
a half feet in length. Manatees are slow moving, but capable of
swimming rapidly over short distances. The southeastern u.s.
population may be a subspecies, latirostris (Whitfield and
Farrington, 1975). Due to severe overexploitation and lack of
sufficient regulation, the manatee is largely extinct over much
of its historic range.
The species' reproductive potential is relatively low. Cows
usually copulate with several bulls during a brief receptivity
period. Gestation lasts for 365 to 400 days, and three to five
years is the normal calving interval. There is usually one calf
per birth, but instances of twins and foster parenthood have been
recorded. Calving may occur throughout the year. Newborns are
approximately one meter in length, and weigh about 30 kg. Nursing
may continue for 1-2 years, but grazing may begin within a few
weeks after birth. Females do not reach sexual maturity until
they are 7-8 years of age; for males, the age is typically 9-10
years (USFWS, 1980).
The West Indian Manatee is listed as an endangered species by the
USFWS and the FGFWFC. The species' historic range is from
northern Brazil, up to Mexico and the southeastern u.s. (Florida
and Georgia), and through the Caribbean, in shallow coastal and
inland waterbodies. The u.s. population, centered along Florida's
coastline, is the last viable population of this species in the
world.
6.3.2 Kanatee Protection Programs
Regulation dealing with manatee protection outside of the u.s. is
minimal. Manatees are now rare or extinct in areas outside the
u.s. due mainly to human exploitation. They have been hunted for
meat and other products, and overexploited for hundreds of years.
Many of the governments within the manatee's natural range are
experiencing severe social, economic, and political problems,
making effectual manatee protection impractical. Regulations
generally do exist that prohibit exploitation, but enforcement
isn't strong. To prevent extinction of this species, protection
efforts must come from within the united states (Marine Mammal
commission, 1988).
II -220-
Federal Protection:
The u.s. Fish and wildlife service (USFWS) of the u.s. Department
of the Interior, protects manatees under the Marine Mammal
Protection Act of 1972 and the Endangered Species Act of 1973.
These laws prohibit the harassment, hunting, capture, or killing
of manatees. Harassment is defined as "...an intentional or
negligent act or omission which creates the likelihood of injury
to wildlife by annoying it to such an extent as to significantly
disrupt normal behavioral patterns which include, but are not
limited to, breeding, feeding, or sheltering" (USFWS, 1980).
state Protection:
The Florida Manat~e Sanctuary Act, Subsection 370.12 (2), Florida
statutes, provides manatee protection by declaring the State of
Florida a "refuge and sanctuary for the manatee, the 'Florida
state marine mammal'''. State responsibilities for manatee
protection fall under the jurisdiction of the FDNR and the
FGFWFC.
The Governor and Cabinet of the State of Florida made several
recommendations in their October 24, 1989 action for increasing
boating safety and manatee protection. A state-wide maximum
boating daytime speed limit of 35 MPH within marked navigation
channels, 20 MPH nighttime speed limit for all waters, mandatory
vessel operator licensing, "in rem" enforcement, maximum
horsepower/load restrictions, D.U.I. repeat offender provisions,
mandatory boating safety education, formation of a boating
education unit, and added Florida Marine Patrol Officers and
support staff were all approved in this action, which amends
Chapter 327, Florida statutes, "Vessels: Registration and
Safety" .
conceptual approval was given to the FDNR in 1989 to proceed with
legislative proposals for amendments to the Florida Manatee
Sanctuary Act, to increase protection for habitat, to protect
manatees from harmful acts, and to authorize local governments to
protect manatees through local ordinances (state of Florida
Governor and Cabinet, 1989). The adoption of a boating facility
expansion policy for the 13 key manatee counties, including
Collier county, has been approved. This policy involves the
limitation of construction for new or expanded boating facilities
to one powerboat slip per 100 feet of shoreline until an approved
manatee protection plan and siting policy has been implemented by
local governments. The Governor and Cabinet directed the DNR to
present recommendations for priority acquisition of critical
manatee use areas under the CARL program and to strengthen
aquatic preserve management plans for seagrass bed protection.
II -221-
state Mandated Obiectives for Countv Manatee Protection Plans:
Mandated objectives for county manatee protection plans by the
state of Florida Department of Natural Resources (DNR) include
reducing the number of boat-related manatee mortalities,
achieving an optimal sustainable manatee population, protecting
manatee habitat, promoting boating safety, and increasing pUblic
awareness of the need to protect manatees and their environment
(state of Florida DNR, November, 1989).
The framework for the County's Manatee Protection Plan, as
recommended by the DNR, is required to include boat facility
siting and regulation criteria; boating regulations; manatee
research, habitat management, and education; and implementation
strategies. An information base should include details such as
the locations and capacities of all marina and port facilities
and boat ramps; boating activity patterns; manatee sighting and
mortality information; special waters information (i.e., Aquatic
Preserve, Outstanding Florida Waters, etc.); locations of
significant manatee habitat resources, protection areas, and
safety zones; locations of manatee information displays; and
other relevant data.
A recommendations section should include boating expansion
criteria; identification of boating recreation areas where higher
boat speeds should be permitted; a plan for marking navigational
channels in currently unmarked waterways used by manatees;
designation of speed zone, refuge, and sanctuary areas;
installation of manatee educational displays; development and
circulation of educational pamphlets to boaters; inclusion of
manatee and marine habitat education programs in the County's
school system curricula; development of appropriate aquatic plant
control methods in manatee areas; identification of land
acquisition projects to increase sanctuary areas for manatees;
and other actions as specified by the DNR (state of Florida DNR,
1989) .
Countv Protection:
On October 24, 1989, the Governor and Cabinet of the state of
Florida approved a proposal allowing the Florida DNR to implement
interim manatee protection plans in 13 key manatee counties,
including Collier County. On December 19, 1989, the Collier
County Board of County Commissioners elected to limit boat speeds
to 30 MPH in all officially marked navigation channels, and 20
MPH in all other County waters, with site specific modifications
(ReSOlution 89-416). These modifications include a boating speed
limit of 30 and 35 MPH in the Dollar Bay and Hurricane Pass
areas, respectively, which were designated as recreation areas
II -222-
for sport boating, water skiing, or similar activities that
require boat speeds greater than the speed limit. A further
modification includes the implementation of "slow speed" zones in
various waterbodies designated as manatee protection areas. The
only currently designated waterbody is the portion of Caxambas
Bay located between the southern shore of Marco Island and the
central shoal area of the bay. Other proposed manatee protection
areas are located in the vicinity of Coon Key Pass, Isles of
Capri Pass, and Wiggins Pass. The conditions in the resolution
were adopted by state law in an amendment to Rule Number
16N-22.023 on June 26, 1990. This resolution was passed with the
understanding that the major cause of known human-related manatee
mortality is boat/barge collision, that the boat speed
restrictions are temporary measures to reduce such collisions,
and that a more comprehensive protection plan be formulated at
the County level.
Goal 7 of the County's Conservation and Coastal Management
Element (CCME) states that "the County shall protect and conserve
its fisheries and wildlife", and includes several policies
relating specifically to manatee protection. Objective 6.2 in the
CCME states that "there shall be no unacceptable net loss of
viable naturally functioning marine and fresh water wetlands",
which includes critical manatee habitat areas. The CCME objective
addressing manatee protection (Objective 7.2) states that "by
January 1, 1990, West Indian Manatee deaths shall not exceed the
five year average of 1983 through 1987 of eleven deaths." This
objective was not met by the ~iven date; on the contrary, manatee
deaths in Collier county for 1989 amounted to nineteen.
The Board of County commissioners have approved the following
CCME policies:
7.2.1 Characterize and map designated critical manatee
habitats and evaluate areas of greatest potential
threats.
7.2.2 Establish restricted boat speed zones, channelized
zones or route boat traffic around areas where the
greatest threat to injury of manatees is from
boats.
7.2.3 In order to protect manatees, marinas shall be
discouraged in designated manatee critical habitat
unless other protective measures are provided.
7.2.4 The County will work with appropriate state and
federal agencies to identify areas where propeller
driven boats will be prohibited.
11.1.5 In order to protect manatees, marinas shall be
discouraged in designated manatee critical habitat
unless other protective measures are provided
(reference policy 7.2.3).
II -223-
6.3.3 Habitat and population considerations
Habitat Reauirements:
The West Indian manatee exhibits rather independent behavior,
usually traveling alone or in pairs. Most seem to return to the
same warm water refuge every year, while others use different
refuges each year or move between refuges during a single winter.
Habitat use patterns are also variable. Some individuals stay
near their winter refuge all year, while others may travel over
1000 kID between summer and winter areas, or make several round
trips in a single summer. Manatees cannot survive extended
periods of water temperatures below 20 degrees centigrade.
Manatees prefer areas such as relatively secluded tributaries,
creeks, and shoreline embayments along the inland waters from
southern Georgia to south Florida. In Collier County, they are
frequently seen near shore in the Gulf, in the back bay system,
and in residential canals. Manatees seem to recognize and prefer
areas that are closed to boaters or otherwise protected from
human interference. They will avoid similar nearby areas that are
more greatly impacted by human activities. This behavior has been
seen and documented in Crystal River, the Kennedy Space Center in
the North Banana River, and the Port Everglades power plant
(Marine Mammal Commission, 1988).
Manatees are somewhat opportunistic vegetarians, preferring
submergent vegetation such as seagrasses, but will also eat
natant (floating) and emergent vegetation (USFWS, 1980). Examples
of commonly used natant vegetation are hydrilla and water
hyacinth. Intertidal marsh grasses are common emergents that are
grazed upon by manatees. They have also been seen to browse on
the prop roots and leaves of red mangroves. Appropriate feeding
areas, especially near warm water refuges, are essential to
survival.
The five essential manatee habitat requirements are:
1. Warm water refuges for shelter during cold weather
2. Feeding areas near winter refuges and other larger
areas for summer use
3. Fresh water sources
4. Quiet sheltered areas for activities such as resting,
mating, calving, and nursing
5. Travel and migratory corridors connecting the above
habitat elements
II -224-
Local Populations of the West Indian Manatee:
The largest known concentration of West Indian manatees occurs
within the state of Florida. The current population estimate in
the state is 1,200 individuals (Marine Mammal Commission, 1988).
Manatees are common year-round residents in Collier county. The
u.s. Fish and wildlife service, in their 1980 report, cite the
grassbed areas around the Ten Thousand Islands, and the
freshwater areas at the Faka Union Canal as specific resources
used by manatees. Fresh water remains available at Port of the
Islands, at the headwaters of the Faka Union River Canal. This
waterbody may provide relatively warmer water during short winter
cold periods.
Aerial surveys conducted by the DNR included surveys over much of
Collier County, including the Wiggins Pass area; the Naples area,
including the Gordon River, Naples Bay, and Dollar Bay; the Marco
Island area; the Faka Union/Port of the Islands area; the
Everglades City area; and the canals of Ochopee. The surveys show
that manatees are abundant in the county on a continuous and
regular basis throughout the year. The Port of the Islands area
had the greatest amount of manatee activity, especially during
the winter months. The values found are considered to be minimum
counts, since much of the county's manatee habitat was not
included in the survey (Frolich, 1989.)
Human Uses and Impacts on Near-shore Environments:
Coastal development creates a variety of negative environmental
impacts for manatee populations, as well as for other aquatic
species. It reduces the extent of submerged seagrass beds that
are essential as feeding areas, and eliminates secluded natural
areas for resting, mating, calving, and nursing activities. Less
direct effects are caused by a general lowering of water quality
that accompanies coastal development. storm runoff from roads and
lawns add turbidity, oils and greases, metals, pesticides and
herbicides, and other toxic substances into adjacent waterbodies.
According to the Marine Mammal Commission report of 1988, food
supplies are not yet limiting to the manatee populations of
Florida. However, if the productivity of submerged seagrass beds
near winter refuges declines significantly, recovery of the
manatee would be affected. Dredging, shoreline construction, and
boat traffic are all threats to the viability of existing
seagrass beds. Seagrass bed areas that are most attractive to
manatees for feeding are those that are found in depths greater
than 3'. These deeper areas are most affected by decreased light
penetration caused by turbictity. Turbidity is caused by increased
II -225-
coastal development, which decreases water quality. Most sources
of turbidity include particulate and nutrient discharge from
storm sewers, bulkheaded shorelines which reflect wave energy
normally absorbed by vegetated shorelines, and dredging and boat
traffic activities.
Shoreline development brings with it a concurrent increase in
boat traffic to the area. According to the Marine Mammal
Commission's 1989 report,
"the principal threat to manatee habitat...is increasing
levels of boat traffic in essential travel corridors and
at feeding areas, resting areas, warm-water refuges, and
fresh water sources. Increased levels of boating traffic
are a threat to manatee habitat because they increase the
probability that manatees will be killed or injured by
collisions with boats and because they disrupt normal
behavior patterns. While this is not a threat in the
usual sense, if so altering an area that it no longer
meets a species' needs, the hazards created by high speed
boat traffic in areas preferred by manatees clearly
reduce its suitability for the species."
Causes of Manatee Mortalitv:
In Florida, it is estimated that an average of 10% of the state's
total manatee population, (about 120 individuals) die each year.
Human-caused mortality is considered to be the greatest threat to
the species' survival, and accounts for at least half of the
known causes of manatee deaths. From the time of the onset of the
manatee carcass salvage program by the DNR, in 1974, to
September, 1989, a total of 1,422 dead manatees have been
recovered from the state. Despite increased protection, manatee
deaths have increased in recent years. The primary cause of known
human-related injury and death in Florida is collision with power
boats or barges. Boat/barge related manatee mortality accounts
for approximately 80% of human-related deaths. The number of
boat-related deaths increases each year as the number of
registered boats increases. Most living manatees exhibit
non-lethal prop scars (State of Florida DNR, 1989).
Manatee behavior patterns themselves may affect the probability
of boat strikes. In narrow channels with high concentrations of
boat traffic, manatees prefer traveling along channel margins or
shoreline margins, avoiding the channel's center. They may be
thus avoiding the heavy boat traffic and/or fast currents.
Manatees are able to move quickly in short bursts of speed, and
can detect and avoid oncoming boats if the boats are moving
slowly enough and there is a way to avoid them. However, when
II -226-
manatees are feeding, they are less wary of boat traffic. In
addition, they cannot dive below the level of the vessel's draft
if they are in too shallow of an area. The most frequent
incidences of manatee strikes by boats may be caused by erratic
boat traffic patterns in non-channel shallow seagrass bed areas.
Therefore, slow or idle speed zones should be established in
shallow feeding and resting areas and along waterway margins"
where manatees are known to occur.
Entanglement in float lines for crab traps, drowning in nets,
entrapment, crushing, or drowning in water control structures,
and vandalism such as shooting and poaching, are other major
causes of human-related injury and death to manatees. oil spills,
herbicides, and other chronically present chemical contaminants
can lead to chronic poisoning of manatees, with subtle
pathological effects, acute poisoning resulting in death, and a
reduction in the amount of suitable food or feeding areas. More
subtle effects on manatee populations can be caused by human
interest. Snorkelers, swimmers, and scuba divers interested in
observing the animals may inadvertently disturb them. Pursuing
the manatees by boat, touching them, or 'hitching rides' have
been observed to drive the manatees away from warmer waters into
colder waters where they are more prone to disease. This is
especially true around warm water refugia in northern Florida and
around power plant effluents. Human disturbances of this nature
have also been seen to disrupt relationships between nursing
females and their calves (USFWS, 1980).
Known Manatee Mortalities in Collier Countv:
DNR records indicate that there has been 122 known manatee deaths
in Collier county from October, 1979 to December, 1989.
Collisions with boats accounted for 42 of these mortalities. The
other causes of death were: 16 from perinatal (dependent calf), 3
from other human-related causes, 7 from natural causes, and 54
from undetermined causes. Mortalities, including those known to
be caused by boat collisions, have been on the rise. Boat speed
restrictions at Port of the Islands and Faka Union Canal seem to
have recently reduced these types of mortalities in these areas.
However, there has been an increase in mortalities in other,
non-restricted areas, such as around Gordon Pass and Marco Island
(FDNR, 1990).
Habitat Protection:
Habitat protection is an essential element in the protection plan
for manatees. Areas that are used for feeding, as well as areas
that manatees find attractive for resting, mating, calving, and
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nursing, need to be reserved as sanctuaries or otherwise
protected, so that the species can begin to recover (USFWS,
1980) .
The primary food source for manatees, seagrasses, are sensitive
to development activities. Protection of seagrass beds needs to
be strengthened to ensure an adequate food supply to resident and
transient manatees. Seagrass beds may well be the most vulnerable
habitat essential to the survival of the species ("Section 5.7:
Seagrass Meadows").
Recovery and maintenance of the existing West Indian manatee
population in this area directly depends on seagrass
preservation, since these meadows provide most of their forage
material. As herbivorous marine mammals, manatees have presumably
evolved from terrestrial mammalian stock; this ancestral
population developed dietary habits in response to land plants
available during its evolutionary development. These were
angiosperm (flowering) plants similar to those presently eaten by
grazing mammals. Manatees are still physiologically similar to
their ancestors, and have similar dietary requirements.
seagrasses provide the major source of angiosperm plant material
in the marine environment, and are therefore essential to the
survival of these mammals.
The CCME of the 1989 County Growth Management Plan states that
existing seagrass beds must be protected, and that efforts must
be made to allow for the establishment, growth, and maturation of
seagrasses throughout the estuarine areas of the County.
Furthermore, the CCME states that policies should be produced to
restrict activities in seagrass meadows. It identifies seagrass
meadow habitat as a naturally functioning submerged marine
wetland, in which there shall be no net loss (Objective 6.6,
CCME). Development activities in or affecting seagrass beds will
require review by the Collier County Board of County
Commissioners under the Special Treatment (ST) Zoning Ordinance
(Ord. 82.2, Section 9.1) and the Environmental Impact statement
Ordinance (Ord. 77-66).
The Marine Mammal Commission recommends the instatement of the
following actions, with regard to habitat protection for
manatees:
1. Identify and map seagrass beds used by manatees.
2. Prohibit new bulkheads, marinas, and other development
in or near these areas that could decrease grassbed
productivity or otherwise be hazardous to manatees.
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3. Acquire more undeveloped areas with essential manatee
habitat, to add a system of refuges and parks.
4. Restore and enhance manatee habitats. (Marine Mammal
Commission, 1988).
One of the major objectives of the USFWS West Indian Manatee
Protection Plan is to "minimize alteration, degradation, or
destruction of habitat used by manatees and monitor its status."
The plan recommends the following activities:
1. Identify habitats of special biological significance
to manatees.
2. Characterize habitats of special biological
significance to manatees.
3. Identify and evaluate potential hazards to manatee
habitats.
4. Identify and protect essential habitats.
5. Monitor status of essential habitats.
6. Inform and educate pUblic.
7. Establish additional State/Federal regulations as
needs are identified.
8. Enforce regulations.
9. Evaluate effectiveness of education programs,
regulations, and enforcement.
6.3.4 Recommendations
Boatinq and Recreational Activities in Manatee Areas:
Because boat collisions constitute the major human-related cause
of manatee mortality, a careful assessment of the usages of the
county's waterways by humans and manatees should be done. Boating
speed restrictions should be placed in appropriate areas to
reduce the probability of further boat-related manatee mortality,
while minimizing restrictions in areas where collisions are not
likely to occur. All areas where manatees have been found to
congregate will be evaluated for the adoption of slow speed
zones, with channel exemptions, where appropriate. Where heavy
boat traffic and manatee concentrations overlap, slow speed zones
without channel exemption should be instated.
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Boating, as well as other water-related recreational activities,
have the potential for non-lethal disturbance to manatees. An
assessment of critical manatee habitat areas in the County should
be done so that recreational areas overlap with essential manatee
habitat as little as possible. Activities that require fast boat
speeds, such as water-skiing, should be restricted to areas that
would not negatively affect manatees or their habitat. The order
of preference for locations of these activities are: land-locked
borrow pits or lakes; existing popular ski areas located in areas
of low manatee density and with no history of boat collisions
with manatees; and other areas where manatees would not be
adversely affected. Posting of informational and regulatory
signs, increasing availability of information to the pUblic, and
proper enforcement are all essential elements in protecting
manatees from human activities.
criteria for Development in Manatee Areas:
Development projects which may negatively impact manatees and
their habitat include dredging and filling; construction of
structures which impact aquatic vegetation; marina, dockage, and
boat ramp facilities; and construction of bulkhead structures
along shorelines. Any such proposed project should include a
manatee management plan in its development scheme.
Marinas should be located within designated preferred boat
facility sites. These sites will be chosen by several criteria,
one of which is that manatees and their habitat will not be
negatively impacted. Preferred sites include those near passes or
inlets regulated for boat speeds, with nearby access to the Gulf.
Disturbed habitats are preferable marina sites over pristine,
undisturbed habitats. Marinas should not be sited in or near
seagrass bed areas or in areas where manatees are known to
frequent. These marinas should be open to the general public to
maximize facility usage. utilization of such prime marina sites
by other types of development should be discouraged. Expansion of
existing marinas in suitable locations is preferable to the
construction of new marinas. Zoning should be created for
commercial marina development open to the general public.
A manatee protection plan should be submitted by the marina,
which should address the following categories:
1. Education and public awareness
2. Habitat monitoring
3. Manatee monitoring
4. Posting manatee and speed zone signs
5. Information on boat traffic
6. Maintainance and monitoring of water quality to comply
with state standards.
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New boat ramps and expansion of existing boat ramps should be
encouraged at locations where there is nearby access to the Gulf,
and discouraged where high concentrations of manatees exist.
Construction of new boat ramps should be limited to preferred
boat facility sites, and preferentially located near popular
boating destinations to reduce travel time. Educational displays
should be required at all boat ramps to inform boaters of manatee
regulations.
Multi-family boat docking facilities should be located in
preferred locations, or else permitted at a density not to exceed
one power boat slip for every 100 feet of shoreline. The docks
should be clumped within the development to minimize disruption
of the shoreline. "Sailboat only" slips may be permitted over and
above this limit if proper compliance can be guaranteed, and if
the additional slips will not negatively impact manatee habitat.
conservation easements should be granted, guaranteeing that no
further dockage structures will be constructed on the property.
Single family docks should be allowed at a density of one slip
per 100' of shoreline, unless located within a preferred boat
facility zone. Single family residential waterfront lots located
on less than 100' of shoreline should be allowed one slip per
lot.
Idle speed zones should be instated at all existing and new
marina basins, commercial boat ramps, and multi-family docks
greater than 20 slips, and access channels to them should be
designated slow speed zones. These developments should supply and
maintain regulatory signage within the facility and in their
access channels, and supply and maintain educational displays and
literature on manatee protection and natural resources
conservation (FDNR, 1989).
Education. Research. and Awareness:
Education and public awareness may be the most important elements
in a viable protection plan for any species or habitat. In order
for a protection plan to be truly effective, it is necessary for
the public to understand the problems facing the continued
survival of the West Indian manatee, the reasons why the species
should be protected, and the ways that humans can aid in its
recovery. In addition, more research information is needed on
manatee physiology, habitat needs, and behavior. The cause of
death for more than 44% of recovered manatee carcasses could not
be determined. Many of these carcasses were severely decomposed
before they were recovered (FDNR, 1990). For the above reasons,
it is strongly recommended that education, research, and
awareness programs, as well as increased recovery efforts, head
the list of priorities for the County's manatee protection
program.
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Brochures should focus on the rationale and provisions for
regulations, as well as encouraging the publio to take
precautions outside of designated restricted zones. Information
regarding manatee behavior and habitat needs should also be
included. Such information may include feeding preferences, areas
within the county where manatees are known to congregate, the
fact that manatees prefer shoreline areas and channel margins,
descriptions of critical manatee habitat areas and how to
preserve them, etc. Brochures should be distributed at public
boat ramps, boat rental facilities, marinas, boat registration
offices, safe boating courses and federal, state, and county park
facilities.
6.3.5 Implementation strategy
The DNR, in their 1989 Manatee Recovery Plan Implementation
Schedule, lists themselves as the lead agency, with participants
to include the FGFWFC, Oceanaria, u.s. Army Corps of Engineers,
u.s. Environmental Protection Agency, regional planning councils,
and local governments. The plan outlines the following criteria:
1. Maintain and improve reporting systems for
dead/injured manatees.
2. Establish and expand a network of manatee reserves and
protected areas connecting travel corridors.
3. Protect and maintain the integrity of coastal
ecosystems.
4. Develop manatee protection plans (local government as
lead agency).
5. Evaluate current and future enforcement regulations
and develop programs including workshops/training
sessions.
6. Standardize fines and improve and educate judiciary
system.
6.3.6 Collier County Proposed seagrass/Kanatee Protection Project
Purpose:
In November, 1990, Collier County Natural Resources Department
submitted a proposal for funding to the FDER. The proposed
project attempts to address the problems of seagrass bed
degradation, dwindling food supplies for manatees, and manatee
mortality caused by boat collisions. The project is aimed
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primarily at educating the boating public about the ecological
importance of seagrasses and increasing boater awareness to
protect the grassbeds and the manatees that use them as feeding
areas.
Locatina seaarass beds for postina:
submerged seagrass beds have been located via aerial survey
during the months of July through October, 1990, by the staff of
the Collier county Natural Resources Department. It was noted
that several areas vegetated with seagrasses have been severely
damaged by propeller scarring from boating activities. It was
also noted that several areas that have been historically
recorded to be vegetated with seagrasses no longer contain such
vegetation. Furthermore, the seagrass beds that show the most
substantial degree of scarring are in areas of both heavy boat
traffic and manatee activity. These areas not only have the
greatest potential for damage and boat collisions with manatees,
but also would be the most appropriate for educational signage,
from a public awareness standpoint. From these observations, it
was determined that the seagrass beds that would most
significantly benefit from a protection program that included
appropriate signage, would be those that met the following
criteria:
1. Show evidence of damage by boating activities.
2. Are in high boat traffic areas.
3. Are in areas known to be frequented by manatees.
sian Postina Proaram:
Signs are proposed to be posted along the perimeter of existing
seagrass beds that meet the criteria listed above. Posts will be
installed adjacent to the beds at depths too great for seagrass
growth (approximately -4', MHW), or between an existing
navigational channel and the perimeter of the vegetation. This
will be done so as not to reduce the area of appropriate
substrate for seagrass growth and to avoid creating a
navigational hazard. Areas which contain other types of important
submerged habitat, such as oyster bars, algal beds, or other live
bottom, will be avoided. The signs will be educational in nature,
and will advise boaters to exercise caution. They will state that
posted areas contain shallow, environmentally sensitive seagrass
beds and that these are manatee feeding areas. A picture of a
manatee feeding on seagrasses will be featured on the sign.
Public Awareness Campaian:
In conjunction with this sign posting program, a county-wide
public awareness campaign will be mounted. This campaign will
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include the creation and distribution of informational brochures
to marinas, county parks, bait shops, and other water-dependent
facilities. The brochures will include information regarding the
rationale for the sign posting program, the ecological
significance of seagrasses, the importance of maintaining their
integrity, how seagrass beds are damaged by man's activities, and
information about manatees and manatee mortality caused by boater
activities. Color photographs of the sign, seagrass beds and
their associated fauna, and manatees, will be included in the
brochure. Public service announcements with this information will
be broadcast on local radio and television stations, according to
the attached schedule.
Permittinq Requirements:
Upon approval of this proposal by the DER, a joint wetlands
Resource Regulations permit application will be submitted by
Collier County to the appropriate agencies. The application will
include an exact diagram of the proposed sign, with dimensions;
the locations of the seagrass beds and proposed sites for sign
posting on a current navigational chart; the composition of the
submerged substrate where signs are proposed to be placed; the
methods of installation and turbidity control; and the materials
to be used in the sign posts.
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