HABITAT CONSERVATION PLAN – A PLAN FOR THE PROTECTION OF SEA TURTLES ON THE BEACHES OF VOLUSIA COUNTY, FLORIDA prepared for Volusia County Environmental Management 123 West Indiana Ave. DeLand, Florida 32770 by Ecological Associates, Inc. Post Office Box 405 Jensen Beach, Florida 34958 HABITAT CONSERVATION PLAN A PLAN FOR THE PROTECTION OF SEA TURTLES ON THE BEACHES OF VOLUSIA COUNTY, FLORIDA Prepared in Support of Incidental Take Permit No. TE811813 for Incidental Take Related to Beach Driving and Vehicular Beach Access- Related Activities Regulated and/or Managed by the County of Volusia, Florida Prepared for: U.S. FISH AND WILDLIFE SERVICE ECOLOGICAL SERVICES DIVISION ENDANGERED SPECIES PERMITS BRANCH 1875 CENTURY BOULEVARD, #200 ATLANTA, GEORGIA 30345 Prepared By: ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 January 2020 (Last Revised January 2020) PREFACE The wide, flat, hard-packed sands of Volusia County’s beaches are ideal for driving, and vehicles have had access to these beaches since the early days of the automobile. Although a lawful and traditional activity, beach driving has the potential to impact sea turtles and their nesting habitat, which is considered a “taking” under the Endangered Species Act (ESA) of 1973. In February 1996, the County of Volusia, Florida (hereinafter referred to as the “County”) applied to the U.S. Fish and Wildlife Service (USFWS or Service) for an Incidental Take Permit (ITP) to authorize the unintentional taking of federally protected species caused by beach driving and vehicular beach access-related activities regulated and/or managed by the County. A Habitat Conservation Plan (HCP), a statutory component of the ITP application, was prepared and submitted to the USFWS. The HCP described the various programs, policies, plans, and measures proposed by the County to minimize and mitigate the take of sea turtles causally related to ITP authorized activities. Following extensive public review of the HCP, and considering public comment, the Service issued an ITP (PRT-811813/TE811813) to the County on November 22, 1996. Issuance of the ITP was conditioned upon the County’s adherence to the minimization and mitigation measures contained in the HCP and other provisions set forth in the Permit. The Permit had a term of five years with an expiration date of December 31, 2001. The ITP has been amended 12 times since it was issued (Table P-1). These amendments removed unnecessary restrictions on beach activities that provided little conservation value to covered species and addressed unintended omissions in the original HCP. The most recent amendment (No. 12), dated January 15 2020, has a term until December 31, 2030. In support of its application to the USFWS to extend the term of the ITP in the 2005 renewal, the County prepared an Amended HCP that addressed prior deficiencies requiring regular ITP amendments, adjusted programs and policies to improve operational efficiency, and proposed additional take coverage for certain activities and species. Substantive changes in the Amended HCP included: (1) addition of the piping plover as a covered species, (2) expansion of the Plan Area to include inlet beaches at Ponce Inlet, (3) allowance of vehicle operations for lawful construction activities, emergency operations, and storm response, (4) expansion of the public driving area in HCP Region 3, 200 feet to the north, and (5) new mitigation measures. The 2020 amendment allows for vehicular access into Natural Beach Management Areas for special events, outside of the sea turtle nesting season and with approval of the Protected Species Specialist (PSS). Throughout the term of the ITP, the HCP has undergone minor updates to incorporate policies and procedures either formally authorized via ITP amendments or administratively agreed to by the USFWS. The HCP was last updated in January 2020. These updates reflects those administrative changes that have been implemented by the County, with approval of the USFWS, as well as other program changes approved by the Service following the most recent 5-year review of Plan performance in 2016. iii Table P-1. History of Volusia County Incidental Take Permit for Beach Driving Amendment Date Activities Authorized or Modified Allowed for incidental take of sea turtles related to beach driving and ITP Issuance vehicular beach access-related activities regulated and/or managed (PRT- 11/22/96 by Volusia County in accordance with the terms and conditions of 811813) the HCP and ITP. Changed the ending date for daily nesting surveys each year from Amendment October 31 to September 30. 10/17/97 1 Changed the annual reporting date each year from December 31 to January 31. Changed the closing time for public vehicular access during the nesting season from 7 p.m. to 7 p.m. or sundown, whichever is earlier. Changed the time by which garbage pickup must be completed during the nesting season from 7 p.m. to 7 p.m. or sundown, whichever is earlier. Removed specific standard operating procedures (SOP) for the rut removal program from the ITP, and instead required USFWS approval of the SOP and any changes thereto. Allowed the placement of one portable restroom on the New Smyrna Beach side of Ponce Inlet and at other areas with prior USFWS Amendment approval. 12/11/98 2 Provided for an annual adjustment to CZ markers each year prior to the start of the sea turtle nesting season. Explicitly acknowledged that municipal law enforcement, emergency, and other official vehicles are allowed to operate on the beach at night. Required the Protected Species Specialist (PSS) to review and approve special beach events in public driving areas during the nesting season, instead of having to be present during organization of those events. Expanded the Beach Safety vehicle easement adjacent to the North County Lifeguard Station from 30 feet to 100 feet. iv Removed specific protocol for the licensing of commercial fishermen from the ITP, and instead allowed the County to license anyone possessing a valid Florida commercial fishing license. Required the PSS to approve and monitor mechanical beach cleaning instead of having to be present during all beach cleaning operations. Removed specific protocol for managing beachfront lighting from the ITP and instead required USFWS approval of a Beach Lighting Management Plan. Removed the requirement that daily sea turtle nesting surveys had to begin at dawn. Changed the production schedule of maps and data summaries related to sea turtle monitoring from bi-weekly to “periodically at the request of the USFWS or as otherwise needed to manage human activities on the beach”. Removed specific procedures for nest marking, nest relocation, and determination of reproductive success from the ITP and instead Amendment required that these activities be conducted in accordance with Florida 2 12/11/98 Fish and Wildlife Conservation (FWC) Guidelines. (Cont’d) Added a requirement for a USFWS-approved program to survey for washback hatchlings. Removed specific procedures for handling daytime sea turtle nesting events from the ITP and instead required USFWS approval of an SOP and any changes thereto. Changed the IPSCC meeting requirement from bi-monthly to bi- monthly during the nesting season and on an as-needed basis during the remainder of the year. Added specific issues to be addressed in a Volunteer Plan and required USFWS approval of the Plan and any changes thereto. Permitted County staff to conduct training using PSS-approved curricula instead of requiring the PSS to personally conduct all HCP training. Also removed specific training topics as a condition of the ITP and instead permitted curricula tailored to target audiences. Changed the requirement that full-time Beach Services staff receive HCP training from annually to biannually. v Amendment Date Activities Authorized or Modified Deleted the requirement that a turtle watch and other eco- tourism programs be developed by the PSS and instead allowed the County and/or private sector to develop those programs as demand arises. Clarified that the distribution of brochures showing driving Amendment 2 12/11/98 areas and describing HCP regulations only had to be made (Cont’d) available to motorists accessing the beach during periods when toll booths are in operation. Clarified that the requirements for reporting dead, injured or sick sea turtles only applied to those events that are causally related to ITP-regulated activities. Amendment 3 6/11/99 Changed ITP number from PRT-811813 to TE811813. Allowed heavy construction equipment and related vehicle access to Natural Beach Management Areas (BMAs) and the Amendment 4 10/29/99 CZ between 11/01/99 and 03/15/2000 for emergency repairs to public and/or private property damaged by Hurricanes Dennis, Floyd, or Irene as authorized by FEMA. Permitted commercial fishermen unlimited vehicular access to public driving areas outside the sea turtle nesting season. Permitted concessionaires to dispose of trash in beach receptacles provided the trash does not overflow the cans rather 01/12/01 Amendment 5 than having them remove all trash to off-beach receptacles. Changed the requirement that concessionaires and commercial fishermen receive HCP training from annually to biannually. Clarified that a log of high tide beach closures is only required during periods when the toll booths are in operation. Allowed heavy construction equipment and related vehicle access to Natural BMAs and the CZ between 12/01/01 and Amendment 6 11/27/01 03/31/02 for emergency repairs to public and/or private property damaged by severe erosion during the fall of 2001, as authorized by State and Federal agencies. Allowed heavy construction equipment and related vehicle access to Natural BMAs and the CZ between 01/23/04 and Amendment 7 01/23/03 03/31/03 for removal and replacement of two failing residential seawalls. Allowed heavy construction equipment and related vehicle access to Natural BMAs and the CZ between 12/05/03 and Amendment 9 12/05/03 01/31/04 for the removal of derelict pilings and a grounded commercial shrimp boat from the beach.