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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. II -171- 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. II -172- 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 II -173- 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 II -174- 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: II -175- 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. II -176- 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). II -177- 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: II -178- (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). II -179- 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. II -180- 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: II -181- 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 II -182- 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. II -183- 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 II -184- 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. II -185- 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. II -188- 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). II -190- 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). II -193- 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). II -194- 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, II -195- 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 II -227- 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. II -228- 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. II -229- 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. II -230- 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. II -231- 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 II -232- 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 II -233- 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. II -234-