United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20" Street Vero Beach, Florida 32960 January 6,2005 Colonel Robert M. Carpenter District Engineer U.S. Army Corps of Engineers 701 San Marco Boulevard, Room 372 Jacl<sonville. Florida 32207-8 175 Dear Colonel Carpenter: This document is the Fish and Wildlife Service's (Service) biological opinion for 22 single- family dock projects listed below resulting in 25 additional slips within Reaches 34, 35, 36, 37, and 38 of the U.S. Army Corps of Engineers' (Corps) Reach Characterization for Florida Waters (Corps 2001) in Charlotte County, Florida. Reach 34 encompasses the waters of Charlotte Harbor (from the mouth of the Myakka River and the Peace River south to Pine Island and west to the Gulf of Mexico), and all connecting tributaries and residential canal systems in Charlotte County, Florida. Reach 35 encompasses the waters of Turtle Bay, Gasparilla Sound, Placida Harbor, the southern portion of Lemon Bay, and all connecting tributaries and residential canal systems in Charlotte County, Florida. Reach 36 encompasses the waters of the Myalka 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 37 encompasses the waters of the Peace River (from Charlotte Harbor to approximately 2 miles north of State Road 70), and all connecting tributaries and residential canal systems in Charlotte County and Desoto County, Florida. Reach 38 encompasses the waters of Lemon Bay and its connecting tributaries and residential canal systems in Charlotte County and Sarasota County, Florida. Service Log No. Corps Application No. Boat Slips Date Applicant 4- 1-05-PL-9606 SAJ-2004-96 17 10112104 Stan Thurber 4- 1-05-PL-9607 SAJ-2004-96 14 10112104 Joseph Borg 4- 1-05-PL-9608 SAJ-2004-9616 10112104 Mike Murillo 4- 1-05-PL-9609 SAJ-2004-9622 10112104 James Roberts 4- 1-05-PL-96 10 SAJ-2004-9636 10112104 Jolin Bacialc 4- 1-05-PL-96 11 SAJ-2004- 10428 10112104 Peter Strong 4-1 -05-PL-9612 SAJ-2004-9987 10112104 Joe Rajlcovich 4-1 -05-PL-9613 SAJ-2004-9986 10112104 Beverly Linwood 4-1 -05-PL-9614 SAJ-2004-9820 10112104 Steve Poisall 4- 1-05-PL-96 15 SAJ-2004-98 19 10112104 Danny Kett 4- 1-05-PL-96 16 SAJ-2004-9604 10112104 Stuart Valentine 4-1 -05-PL-9617 SAJ-2004-9990 10112104 Nancy Drysdale Service Log No. Corps Application No. Boat Slips Date Applicant 4- 1-05-PL-96 18 SAJ-2004-10233 1 1011 2104 Mark Davison 4- 1-05-PL-9619 SAJ-2004-10231 1 101 12104 Elona Haskell 4- 1-05-PL-9620 SAJ-2004-9635 1 10112104 Robert Ohm 4-1 -05-PL-962 1 SAJ-2004-9615 1 101 12104 Frank Montana 4- 1-05-PL-9622 SAJ-2004-9624 1 1011 2104 Howard Goodrich 4- 1-05-PL-9623 SAJ-2004-9620 1 10112104 Bonnie Eldon 4- 1-05-PL-9624 SAJ-2004-9638 1 10112104 David Palmer 4-1 -05-PL-9625 SAJ-2004-9639 1 101 12/04 Joe Paiiico 4- 1-05-PL-9626 SAJ-2004-9637 1 10112104 Thoin Pettij ohii 4-1-05-PL-10119 SAJ-2004-19 17 (LP-CDO) 2 1210 1104 Patrick Dejong This biological opinion addresses the potential effects of these projects on the southwest subpopulation of the West Indian (= Florida) manatee (Trichechus manatus) (manatee) within Reaches 34,35,36,37, and 38, 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 on information provided by the Corps, the Corps' Reach Characterization (Corps 2001), the Florida it/lanatee 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 concurrence on "may affect" determinations for the manatee and initiation of formal consultation for the proposed actions. The proposed actions would authorize the construction of 22 single-family dock projects resulting in 25 slips. BIOLOGICAL OPINION DESCRIPTION OF PROPOSED ACTIONS The proposed actions would authorize the construction of 22 single-family dock projects resulting in 25 slips in Reaches 34, 35, 36, 37, and 38, in Charlotte 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 ~nanateespeed 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 Guidelinesfbr 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 2,200 1, 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 Corps compiled existing data relevant to the evaluation of the potential effects of watercraft access projects on manatees. The information 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 batliymetry; 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 "reaches" 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 Checklist 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 Turtle Bay, Gasparilla Sound, Placida Harbor, Lemon Bay, Myakka River, Peace River, Charlotte Harbor, and all connecting tributaries and residential canal systems in Reaches 34, 35, 36, 37, and 38, in Charlotte County, Florida. Vessels using the single-family docks would likely travel through waters of Turtle Bay, Gasparilla Sound, Placida Harbor, Lemon Bay, Myakka River, Peace River, Charlotte Harbor, and the Gulf of Mexico in Charlotte County Florida. These waters closely correspond to the area defined as 35 and 38, by the Corps' Reach Characterization for Florida waters (Corps 2001). Therefore, for the purposes of this consultation, the Service defines the action area for this biological opinion as all waters within Reaches 34, 35, 36, 37, and 38, in Charlotte 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.floridaco~~servation.org/psm/permit/construct.htm) 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 andlor 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. Indirect effects to manatees include effects to routine rnovement and migration patterns to freshwater, foraging, calving, and breeding areas, and associated behavior patterns. Indirect effects also include effects to manatee habitat caused by operation of the proposed watercraft access projects. Construction of the proposed watercraft access projects rnay provide increased access by watercraft to areas frequented by manatees or may alter watercraft traffic patterns in such a way as to increase watercraft-manatee interactions.