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APR 2 4 Loll UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13~ Avenue South St. Petersburg, FL 33701-5505 727.824.5312, FAX 824.5309 http :J/sero.nmfs.noaa.gov F/SER31:JR APR 2 4 lOll Mr. Geoffrey Wikel Bureau of Ocean Energy Management Department of the Interior 381 Elden Street Mailstop 4042 Herndon, VA 20170 Re: Town of Longboat Key Outer Continental Shelf Resources Lease Dear Mr. Wikel: Enclosed is the National Marine Fisheries Service's (NMFS) biological opinion issued in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, on the Bureau ofOcean Energy Management's (BOEM) proposed action to issue an offshore sand lease to the Town of Longboat Key (Town). The Town proposes to renourish the beaches of Longboat Key with sand obtained from federal and state waters off Manatee and Sarasota Counties, Florida. This biological opinion is the product of a reinitiated biological opinion (F/SER/201 1101 074) and supersedes the findings of that prior opinion. The biological opinion analyzes the project's effects on five species of sea turtles and smalltooth sawfish. This opinion is based on project-specific information provided by BOEM, the applicant, and the applicant's consultants, as well as our review ofpublished literature. It is our opinion that the action, as proposed, may adversely affect, but is not likely to jeopardize, sea turtles and smalltooth sawfish. We look forward to further cooperation with you on other BOEM projects to ensure the conservation and recovery of our threatened and endangered marine species. If you have any questions regarding this consultation, please contact Jason Rueter, fishery biologist, at (727) 824-5350, or by e-mail at [email protected]. Roy . Crabtree, Ph.D. Re · nal Administrator Enclosure File: 1514-22.F.4 Ref: F/SER/2012/00110 Endangered Species Act - Section 7 Consultation Biological Opinion Action Agency: Bureau of Ocean Energy Management (BOEM) Activity: Authorization for Dredging of Gulf of Mexico Sand Mining ("Borrow") Areas Using Hopper Dredges for the Town of Longboat Key, Beach Renourisbment Project (Consultation Number F/SER/20121001 10)- Reinitiation of Consultation F/SER/2011101 074. · Consulting Agency: National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Southeast Regional Office, Protected Resources Division. Petersr· Ft nda Approved by: APR ! 4 2012 Date Issued: Contents 1.0 Consultation History ......................................... .. ........................................ .. ........ .................... 2 2.0 Description of the Action .......................................................................................................... 3 3.0 Status of the Species ................................................................................................................. 7 4.0 Enviromnental Baseline .......................................................................................................... 48 5.0 Effects of the Action ............................................................................................................... 61 6.0 Cumulative Effects .................................................................................................................. 74 7.0 Jeopardy Analysis ................................................................................................................... 75 8.0 Conclusion .................................... ............................................................. .. ........ ................... 84 9.0 Incidental Take Statement (ITS) ............................................................................................. 84 10.0 Conservation Recommendations .......................................................................................... 88 11 .0 Reinitiation of Consultation .................................................................................................. 88 12.0 Literature Cited ..................................................................................................................... 88 Appendix 1: NMFS Biological Opinion to the U.S. Army Corps of Engineers. November 19, 2003, "Dredging of Gulf of Mexico Navigation Channels and Sand Mining ("Borrow") Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts," (Consultation Number F/SER/2000/01287). Appendix 2: Revision 2 to November 19, 2003, biological opinion. January 9, 2007. Appendix 3: NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions, March 2006. Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. § 1531 et seq.), requires that each federal agency shall ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species. When the action of a federal agency may affect a protected species, that agency is required to consult with either the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the protected species that may be affected. This document represents NMFS’ biological opinion (opinion) based on our review of the proposed authorization by BOEM for dredging of Gulf of Mexico sand mining (“borrow”) areas using hopper dredges for the Town’s beach renourishment project and its effects on green sea turtles (Chelonia mydas), leatherback sea turtles (Dermochelys coriacea), hawksbill sea turtles (Eretmochelys imbricata), loggerhead sea turtles (Caretta caretta), Kemp’s ridley sea turtles (Lepidochelys kempii), and smalltooth sawfish (Pristis pectinata). Consultations are required when action agencies determine that a proposed action “may affect” listed species or designated critical habitat. Consultations on most listed marine species are conducted between the action agency and NMFS. Consultations are concluded after we determine that an action is not likely to adversely affect listed species or critical habitat, or after issuance of an opinion that identifies whether a proposed action is likely to jeopardize the continued existence of a listed species, or destroy or adversely modify critical habitat. The opinion also states the amount or extent of incidental taking that may occur. Non-discretionary measures (“reasonable and prudent measures” - RPMs) to reduce the likelihood of interactions are developed, and conservation recommendations are made. Notably, there are no reasonable and prudent measures associated with critical habitat, only reasonable and prudent alternatives that avoid destruction or adverse modification. This opinion is based on information provided by BOEM; the Town of Longboat Key (“the Town”); Coastal Planning and Engineering, Inc. (CP&E); previous NMFS opinions on hopper dredging including the November 19, 2003, regional biological opinion on hopper dredging in the Gulf of Mexico by the U.S. Army Corps of Engineers’ (COE) combined Jacksonville, Mobile, New Orleans, and Galveston Districts, as amended; and dredging and sea turtle relocation trawling reports submitted by the COE and/or maintained on their Sea Turtle Data Warehouse Web site (http://el.erdc.usace.army.mil/seaturtles/index.cfm). 1.0 Consultation History On March 16, 2011, a request was received from BOEM to initiate formal consultation under Section 7 of the ESA for the Town’s proposed beach renourishment project in Longboat Key, Florida. Sand is proposed to be mined from borrow areas located in both state and federal waters to renourish Longboat Key. A biological assessment (BA) prepared by CP&E was included with the request. The BA was adopted by BOEM. On May 19, 2011, a conference call with CP&E, BOEM, the U.S. Army Corps of Engineers’ (COE) Jacksonville District, and NMFS’ Habitat Conservation Division and Protected Resources Division was conducted for the Town to provide answers to outstanding questions on the project. Formal consultation was initiated. 2 NMFS issued its biological opinion to BOEM (F/SER/2011/01074) for the BOEM-authorized project on November 28, 2011. On December 1, 2011, BOEM notified NMFS that there were concerns with the biological opinion’s proposed action statement. On December 5, 2011, a conference call was held with BOEM where NMFS was informed that the Town, unbeknownst to NMFS, had made significant modifications to the quantity, timing, and location of proposed sand extractions, thus significantly changing the scope and effects of the Town’s proposed action. NMFS advised that reinitiation of formal consultation would be necessary. On December 30, 2011, NMFS received a detailed list of the revised proposed action and the changes needed to be incorporated into a new (the present) biological opinion. Formal consultation was initiated on this date. The present opinion supersedes F/SER/2011/01074. 2.0 Description of the Action Proposed Actions Occurring in Federal Waters BOEM is proposing to issue a lease for the use of sand resources in the borrow area F2 (BAF2) of the Outer Continental Shelf (OCS) (i.e., federal waters) off the Town of Longboat Key (“the Town”), Florida. A map of the project area is provided in Figure 1.1. The Town is seeking a 10- year dredging permit for continued multiple nourishments of Longboat Key’s shoreline from R44 in Manatee County to R29 in Sarasota
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