A long-awaited document that could streamline federal permitting for landowners with in-water work was recently finalized. The National Marine Fisheries Services signed the Florida Statewide Programmatic Biological Opinion on Dec. 4, 2015.
The biological opinion analyzes the effects of 11 categories of minor in-water activities on species listed under the Endangered Species Act.
The opinion is a welcome development for landowners who seek authorization of these types of in-water activities. For some projects, the opinion may help shorten the U.S. Army Corps of Engineers’ permitting process by expediting ESA section 7 consultation with the NMFS.
Species analyzed in the biological opinion include:
- corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar);
- Johnson’s seagrass;
- North Atlantic right whales;
- sea turtles (loggerhead, leatherback, Kemp’s ridley, hawksbill, and green);
- smalltooth sawfish;
- sturgeon (Gulf, shortnose, and Atlantic); and
- designated critical habitat for Johnson’s seagrass, smalltooth sawfish, Gulf sturgeon, loggerhead sea turtle, North Atlantic right whale, and elkhorn and staghorn corals.
For projects proposing minor in-water work that comply with the specific Project Design Criteria detailed in the biological opinion, the effects determination is already made and lengthy individual review is not required.
For projects that do not meet the Project Design Criteria, informal or formal consultation with the NMFS is likely needed, and if a take may occur, a project-specific incidental take statement may need to be developed.
The categories of minor in-water activities are:
- Installation, maintenance and removal of shoreline stabilization materials
- Installation, maintenance and removal of pile-supported structures and anchored buoys
- Maintenance and minor dredging
- Reconfiguration of existing docking facilities within an authorized marina
- Installation, maintenance and removal of water-management outfall structures and associated endwalls
- Installation, maintenance and removal of scientific survey devices
- Installation, maintenance and removal of boat ramps
- Aquatic habitat enhancement, establishment and restoration activities
- Installation, maintenance and removal of aerial and subaqueous utility and transmission lines and associated structures
- Marine debris removal
- Temporary platforms, access fill and cofferdams.
The biological opinion finalized Dec. 4 should help streamline the consultation time and procedures in the Army Corps of Engineers’ permitting process for the above minor in-water activities.
If you would like a copy of the biological opinion, or have questions about it, please contact Gunster environmental and land use attorney Debbie Madden.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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