United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 2oth Street Vero Beach, Florida 32960 January 5,2005 Colonel Robert M. Carpenter District Engineer U.S. Army Corps of Engineers 70 1 San Marco Boulevard, Room 372 Jacksonville, Florida 32207-8 175 Dear Colonel Carpenter: This document is the Fish and Wildlife Service's (Service) biological opinion for 27 single- family dock projects listed below resulting in 35 additional slips within Reaches 36, 38, 39, and 40 of the U.S. Army Corps of Engineers' (Corps) Reach Characterization for Florida Waters (Corps 2001) in Sarasota County, Florida. Reach 36 encompasses the waters of the Myakka River from approximately 3 miles north of Interstate 75 to Charlotte Harbor, and all connecting tributaries and residential canal systems, in Sarasota County, Florida. Reach 38 encompasses the waters of Red Lake, Alligator Creek, Lemon Bay, Forked Creels, and all connecting tributaries and residential canal systems in Sarasota County, Florida. Reach 39 encompasses the waters of Dona Bay, Blackbum Bay, Dryman Bay, Little Sarasota Bay, Roberts Bay, and all connecting tributaries and residential canal systems, in Sarasota County, Florida. Reach 40 encompasses the waters of Palma Sola Bay and Sarasota Bay, and all connecting tributaries and residential canal systems, in Manatee County and Sarasota County, Florida. Service Log No. Corps Application No. Boat Slips Date Applicant 4-1-05-PL-95 18 SAJ-2004- 102 17 (GP-IPH) I 10112/04 Mark Hawkins 4- I -05-PL-95 19 SAJ-2004- 102 15 (GP-IPH) 2 10/12/04 Frank Dupuis 4-1 -05-PL-9520 SAJ-2004- 10200 (GP-IPH) 1 10/12/04 Kim Walker 4-1 -05-PL-952 1 SAJ-2004- 10 199 (GP-IPH) 1 10/12/04 Ralph K. Bowen 4- 1-05-PL-9522 SAJ-2004- 10 198 (GP-IPH) 2 10/12/04 David Coles 4- 1-05-PL-9523 SAJ-2004- 10 192 (GP-IPH) 2 10/12/04 Frederick Mercurio 4- 1-05-PL-9524 SAJ-2004- 10 19 1 (GP-1PI-I) 1 10112/04 Samuel J. Holland 4-1 -05-PL-9525 SAJ-2004- 10 185 (GP-IPH) 1 101 12/04 Howard Wells 4-1 -05-PL-9526 SAJ-2004- 10212 (GP-IPH) 1 10112/04 Rebecca Martel 4-1 -05-PL-9527 SAJ-2004- 102 14 (GP-IPH) 2 10112/04 Richard Hacltel 4-1 -05-PL-9528 SAJ-2004- 10 197 (GP-IPH) 1 10112/04 Julia Human 4-1 -05-PL-9529 SAJ-2004- 10 187 (GP-IPH) 1 10/12/04 Lawrence Devine 4- 1-05-PL-9530 SAJ-2004- 1020 1 (GP-IPH) 1 10112/04 Roderick McTaggart 4-1 -05-PL-9878 SAJ-2004-53 36-MEP 1 11/08/04 Stephen Meyer 4-1 -05-PL-9977 SAJ-2004-11293 (GP-IPH) 1 11/19/04 Jerry Robertson Service Log No. Corps Application No. Boat Slips Date Applicant 4-1 -05-PL-9980 SAJ-2004- 11295 (GP-IPH) 11/15/04 Carolyn Jarvis 4- 1-05-PL- 10002 SAJ-2004- 1061 1 (GP-IPH) 11/19/04 Eric Edwing 4- 1-05-PL- 10008 SAJ-2004- 10544 (GP-IPH) 11/19/04 Brooks Williams 4- 1-05-PL- 10010 SAJ-2004- 1129 1 (GP-IPH) 11/19/04 Douglas Tibbetts 4- 1-05-PL- 1001 1 SAJ-2004- 11243 (GP-IPH) 11/19/04 Gregory Stitli 4- 1-05-PL- 10012 SAJ-2004- 11240 (GP-IPH) 11/19/04 Mark Flamiagan 4- 1-05-PL-100 13 SAJ-2004- 11 170 (GP-IPH) 11/19/04 Bill Thompson 4-1-05-PL-10014 SAJ-2004-106 12 (GP-IPH) 11/19/04 Barb Beiinal 4- 1-05-PL- 100 15 SAJ-2004-11550 (GP-IPH) 1111 9/04 Rodney Jacobson 4-l-05-PL-IOOl6 SAJ-2004-10541 (GP-IPH) 11/19/04 Robert D' Aiigelo 4- 1-05-PL- 10017 SAJ-2004-10540 (GP-IPH) 11/19/04 Margorie Williams 4- 1-05-PL- 10018 SAJ-2004-10539 (GP-IPH) 11/19/04 Louis Maggio This biological opinion addresses the potential effects of these projects on the soutllwest subpopulation of the West Indian (= Florida) manatee (Trichechus manatus) (manatee) within Reaches 36,38,39, and 40 in accordance with section 7 of the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (MMPA) (16 U.S.C. 1461 et seq.). No other listed species will be affected by the proposed actions. This biological opinion was prepared based oil information provided by the Corps, the Corps' Reach Characterization (Corps 2001), the Florida Manatee Recovery Plan (Service 2001), the South Florida Multi-Species Recovery Plan (Service 1999), data supplied by the Florida Fish and Wildlife Conservation Commission (FWC) and by the Florida Marine Research Institute (FMRI), and other sources of information. A complete administrative record of this consultation is on file at the Service's South Florida Ecological Services Office in Vero Beach, Florida. CONSULTATION HISTORY On the dates listed above, the Service received public notices from the Corps requesting coiicurrence on "may affect" determinations for the manatee and initiation of formal consultation for the proposed actions. The proposed actions would authorize the construction of 27 single- family dock projects resulting in 35 slips. BIOLOGICAL OPINION DESCRIPTION OF PROPOSED ACTIONS The proposed actioiis would authorize the coiistruction of 27 single-family dock projects resulting in 35 slips in Reaches 36, 38, 39, and 40, in Sarasota County, Florida. To reduce direct construction-related effects to the manatee, the Corps will incorporate Standard Manatee Construction Conditions (FWC 2001) as a condition of the Department of the Army permits, if issued for the projects listed above. Indirect effects of the projects to the manatee have been ameliorated by providing boater education and manatee awareness programs and brochures to local marinas, State, county, and city public offices, and at local boating events; by establishing and posting appropriate manatee speed zones in the project vicinity; and by providing enforcement of these zones by Federal and local law enforcement agencies. Seagrasses may occur in the project areas. If present, the Corps will require the applicant to avoid impacts to seagrasses by constructing the project based on the Dock Construction Guidelinesfor Florida developed by the Corps and National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries) (formerly the National Marine Fisheries Service (NMFS) (Corps and NMFS 2001). These proposed actions resulted in "may affect" determinations after processing them through the Corps and Florida Department of Environmental Protection's (DEP) January 2,2001, Manatee Key. [Note - Service concurrence for the key was provided in a letter dated January 2,20011. The Service acknowledges the Corps' determination of "may affect" for the manatee. We selected the Corps' Reach Characterization as the basis for our geographic area analysis. The Coi-ps compiled existing data relevant to the evaluation of the potential effects of watercraft access projects on manatees. The infomation contained in the Reach Characterization included manatee use data such as aerial surveys and radio telemetry; manatee habitat characteristics such as warmwater sites, seagrass distributions, and bathymetry; human use characteristics such as relative dock densities, boat densities, and navigation channels; and existing manatee protection measures (speed zones). Throughout Florida, the Corps defined 80 segments or 'keaches" based on manatee use, manatee habitat characteristics, and human use characteristics and compiled this information into its Geographic Information System (GIS) database. The Corps also provided the Service with the applicant's completed Manatee Checldist which provides additional site- specific information on the factors defined in the Reach Characterization database. The action area is determined by the reach boundaries that best encompass the direct and indirect effects of the projects under consideration. This reach analysis is supplemented with a county review approach because many factors important to manatee protection are provided at the county level. Manatee protection plans (MPP) are produced by counties, manatee speed zones are designated by the State with county participation or by counties directly, and county sheriffs' departments provide enforcement within county boundaries. This combined analysis provides a more holistic evaluation of factors affecting manatees than a piecemeal project-by-project review and also identifies localized threats and options that may be applied to minimize these threats. Action Area The proposed projects are located within the in Reaches 36,38,39, and 40. Vessels using the new single-family docks would likely travel through waters of Myaltka River, Charlotte Harbor, Red Lake, Alligator Creek, Lemon Bay, Forked Creek, Dona Bay, Blackburn Bay, Dryman Bay, Little Sarasota Bay, Roberts Bay, Palma Sola Bay and Sarasota Bay in Sarasota County, Florida. Therefore, for the purposes of this consultation, the Service defines the action area for this biological opinion as all waters within Reaches 36, 38, 39, and 40, in Sarasota County, Florida. New watercraft access projects may have a number of direct and indirect effects on manatees and manatee habitat. Direct impacts include potential direct harm or harassment of manatees during construction activities and are generally addressed through application of the Standard Manatee Construction Conditions (http://www.floridaconservation.org/psm/permit/construct.ht~n) codeveloped by the Corps, Service, and FWC. Anticipated direct impacts to habitat, such as the presence of seagrasses within the project footprint are minimized through modifications in the project design during the permit review process and/or the application of Dock Construction Guidelines for Florida developed by the Corps and NOAA Fisheries (Corps and NMFS 2001). These two minimization efforts are routinely included as conditions of Department of the Army permits issued for construction projects in manatee habitat and have previously undergone section 7 consultation.