Manatee Protection Plan 2
Manatee Protection Plan Attachments A–D
Definitions and Acronyms
The boat facility siting approach as described in B.4.H., for determining the allocation of future wet/dry slips or boat ramp trailer parking spaces. Riparian rights for single family residential uses would be maintained.
State-owned submerged lands in areas which have exceptional biological, aesthetic, and scientific value, set aside forever for the benefit of future generations, as defined in the Florida Statutes. These areas include the water column over such lands, maintained in an essentially natural or existing condition of indigenous flora and fauna and their supporting habitat.
A vehicle designed for operation as a watercraft propelled by oars, sails or one or more internal combustion engine(s). A boat shall not be considered a recreational vehicle even though it has facilities for temporary living quarters.
A public or private structure or operation where boats are moored and/or launched, including commercial, recreational, industrial and residential marinas, dry storage, boat ramps and private docks. For the purposes of this plan, boat facility shall be synonymous with "marine facility"; however, single family docks with two (2) or fewer wet and/or dry slips are not considered boat facilities.
A structural, natural or man-made feature that facilitates the launching and landing of boats into a waterbody. For the purposes of this plan, a trailer parking space is considered equivalent to a "slip." A boat ramp may also be referred to as a boat facility.
In the St. Johns River portion, a coordinated, project-specific review of manatee death data, manatee telemetry data, boating traffic patterns, primary boater destinations in the vicinity of the project, and potential impacts to manatee habitat or other environmentally sensitive lands, based on the data available at the time of review. This review will involve Volusia County, the FWC, and the USFWS.
A marked navigation channel, unless otherwise described or designated, and is not intended to mean an access or side channel unless otherwise designated for the purpose of regulation.
All waters within the navigable channel of the Atlantic Intracoastal Waterway within Volusia County, Florida, located by buoys or other markers placed by the USCG or FIND, together with the area extending 100 feet from each side of said channel.
Class A-1: Less than 12 feet in length, and all canoes with propulsion motors regardless of length.
Class A-2: 12 feet or more and less than 16 feet.
Class 1: 16 feet or more and less than 26 feet.
Class 2: 26 feet or more and less than 40 feet.
Class 3: 40 feet or more and less than 65 feet.
Class 4: 65 feet or more and less than 110 feet.
Class 5: 110 feet or more in length.
Class I Waters: Potable Water Supplies — impoundments and associated tributaries, certain lakes, rivers, or portions of rivers used as a drinking water supply.
Class II Waters: Shellfish Propagation or Harvesting — generally coastal waters where shellfish harvesting occurs.
Class III Waters: Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife — the default classification for most Florida surface waters.
Class IV Waters: Agricultural Water Supplies — generally located in agriculture areas around Lake Okeechobee.
Class V Waters: Navigation, Utility and Industrial Use — currently no designated Class V bodies of water; the Fenholloway River was reclassified as Class III in 1998.
An action or series of actions that may help reduce direct and indirect human impacts to manatees.
In the Halifax River/Indian River (Coastal) portion, the slip density outcome is determined by a scoring system. The total score is determined by adding the Limiting Features, then subtracting the Offsetting Features.
Mechanical or other methods used to remove submerged land.
A space designed for the storage of single watercraft in an upland location.
An upland structure used for storing watercraft. A dry storage facility may be either a water-dependent or a water-related use.
For purposes of this Plan, facilities which have received all active and required permits and/or are authorized, constructed, and in operation as of the effective date of this plan. All legal and properly permitted existing boat facilities shall be allowed to continue with existing use and may renovate according to permitting guidelines, provided there is no change in facility size including no increase in wet or dry slips, unless the expansion criteria in this Plan are met.
Determined by the mean high water line in tidally-influenced areas and the ordinary high water line along non-tidal waterways. Shoreline artificially created through dredge or fill activities after January 1, 1996 shall not be considered. Man-made drainage ditches (mosquito control, flood control, or non-navigable waterways) shall not qualify as linear shoreline regardless of construction date. Calculated using survey-quality aerial photographs or accurate field survey, based upon contiguous shoreline owned or legally controlled by the applicant.
In the Halifax River/Indian River (Coastal) portion, an area where greater than five (5) manatees are seen per aerial survey flight within a five-mile radius of the project site. Five is the countywide average number of manatees in a 5-mile radius, calculated using aerial survey data from July 2002–June 2004 during 45 complete overflights.
In the Halifax River/Indian River (Coastal) portion, defined using data from January 1976–December 2004 at two levels:
1st level: # of watercraft deaths within a 5-mile radius / total watercraft deaths in Coastal Volusia County (≥0.125 is significant; 1 point)
2nd level: # of watercraft-related deaths within a 5-mile radius in the last 10 full years / total in Coastal Volusia County in the last 10 full years (≥0.125 is significant; 1 point)
The minimum speed that will maintain the steerageway (sufficient motion to make a ship or boat respond to movements of the rudder) of a motorboat.
An area where vessels may not be operated at greater than Idle Speed, as defined in 68C-22.002(2), F.A.C.
A part of a boat ramp that allows for the launching and landing of one boat at a time. A boat ramp can have more than one lane.
A letter drafted by Volusia County Environmental Management to the applicant, stating that they are in compliance with the Manatee Protection Plan for Volusia County.
A walkway that connects a riparian owner's property to a terminal platform.
Mechanical or other methods used to remove submerged land that has previously been legally dredged.
A mitigation fee for each facility that will contribute to increased law enforcement presence and manatee conservation, for each new or expanded boat slip, ramp parking space, and/or dry storage space. All marine facilities (except single family docks) pay a one-time fee of $1,000 per wet slip, ramp parking space, or dry storage space. Single-family boat docks pay a one-time fee of $250.
Cold Stress: Deaths from prolonged cold weather exposure; animals usually emaciated and malnourished.
Crushed/Drowned in Flood Gate or Canal Lock: Killed by crushing or asphyxiation in flood gates and canal locks.
Other Human-Related: Deaths caused by vandalism, poaching, entrapment in pipes/culverts, entanglement in ropes/lines/nets, or ingestion of fishing gear or debris.
Other Natural: Deaths from infectious and noninfectious diseases, birth complications, natural accidents, and natural catastrophes such as red tide poisoning.
Perinatal: A manatee less than 150 cm (5 ft.) in total length not determined to have died from human-related causes.
Undetermined: Deaths where the cause could not be determined.
Verified/Not Recovered: Deaths that were reported and verified but the carcass was not available.
Watercraft: Manatees hit by boats, barges, or any type of watercraft. Death may result from propeller wounds, impact, crushing, or a combination.
A facility or structure that provides mooring, docking, anchorage, dry storage, fueling, repairs, launching or other related services for watercraft. Private boat docks associated with single family dwellings and boat ramps are not considered marinas.
Commercial/Recreational Marina: A watercraft complex on and/or adjacent to a waterway providing services available to the general public, not associated with residential developments. May include rental of wet slips or dry storage, boat lifting, rentals, marine fuel, pump-out facilities, fishing bait and equipment, and charter boat operations. Accessory uses may include restaurants, bars, hotels, and eco-tours.
Industrial Marina: Facilities serving largely commercial interests, including boat building, ship repairs/construction, and commercial seafood harvesting and processing.
Residential Marina: Community docks of three or more boat slips serving subdivisions, condominiums, or multi-family developments. No fueling or repair facilities. May be private (slips used only as accessory to multi-family development) or public/private (a portion of slips available for public rental).
The intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a nineteen (19) year period.
An agreement signed by cities and municipalities that adopt the Volusia County Plan upon state and federal approval. This agreement outlines the City's and County's respective duties and responsibilities.
An action, series of actions, or activity that will offset adverse impacts to manatees.
A marine facility that is proposed to be built, restored, revitalized, renovated, or otherwise increased in size or scope.
Seagrass coverage determined during May–October by counting short shoots in a 1 m² plot frame subdivided into 100 cells, placed every 5 m along a minimum of three (3) transect lines perpendicular to the shoreline. Transects shall be no greater than 50 m apart. If 10% or more seagrass is found in 10 of the sample plot frames, the final coverage for the site is ≥10%.
A structure in, on, or over submerged lands used by the public primarily for fishing or swimming. A pier shall not include the mooring of boats.
Any vessel primarily propelled or powered by an internal combustion engine that is used or capable of being used for navigation or transportation on water. Sailboats with auxiliary engines are not considered powerboats for purposes of this plan.
Rooted, submerged aquatic plants that grow entirely underwater, often in large beds or meadows. Includes but is not limited to: shoal grass (Halodule wrightii), paddle grass (Halophila decipiens), star grass (Halophila engelmanni), sago pondweed (Potamogeton pectinatus), clasping-leaved pondweed (Potamogeton perfoliatus), widgeon grass (Ruppia maritima), manatee grass (Syringodium filiforme), turtle grass (Thalassia testudinum), tapegrass (Vallisneria americana), and horned pondweed (Zannichellia palustris).
A rooted, flowering plant that is aquatic, water-pollinated, and colonizes marine habitats.
Section 1: Protected Areas — powerboat facility development generally prohibited; canoe/kayak launches and non-motorized vessels allowed. Exceptions shall not exceed 1 powerboat per 100 ft of shoreline.
Section 2: Maximum of 1 powerboat slip per 100 ft of shoreline.
Section 3: Allowable density determined by criteria-based evaluation; ranges from 1 to 5 powerboats per 100 ft of shoreline depending on final score.
Section 4: No slip-to-shoreline density required for powerboats.
Section A: Protected Areas — powerboat facility development generally prohibited; exceptions shall not exceed 1 powerboat per 100 ft of shoreline.
Section B: Public land: 1 powerboat or trailer parking space per 100 ft of shoreline. Private land: not to exceed 3 powerboats per 100 ft of shoreline.
Section C: Reviewed on a case-by-case basis involving Volusia County, FWC, and USFWS.
Section D: Maximum of 5 powerboats per 100 ft of shoreline.
A fixed or floating structure, including moorings, used for mooring, docking, anchorage, and launching watercraft at private residences. May have two or fewer wet and/or dry slips. A single-family residence may include a fishing/observation pier.
A space designed for the mooring or storage of a single watercraft. Includes wet or dry slips, anchorage, beached or blocked, hoist, parked on trailers, open or covered racks, seawall, or the number of parking spaces for boat ramps. Piers authorized only for fishing or observation are not considered wet slips.
A refinement of the boat facility siting approach that creates a "slip pool" allowing powerboat slips to be aggregated at specific parcels within a local government's jurisdiction rather than evenly distributed. Available to local governments in the coastal portion of Volusia County. Riparian rights for single family residential uses would be maintained.
The total number of allowable slips within a local government's jurisdiction (based on the plan's siting approach) minus the number of existing slips and existing single-family lots, resulting in the remaining number of available slips that can be aggregated at specific parcels. Use of the powerboat slips from the slip pool requires a letter of concurrence from the local government.
The speed at which a vessel proceeds when it is fully off plane and completely settled into the water. A vessel is not at Slow Speed if it is: (1) on a plane, (2) in the process of coming off or going onto plane, or (3) creating an excessive wake or hazardous condition.
A vessel is proceeding at Slow Speed if it is fully off plane, completely settled into the water, and not creating an excessive wake or hazardous condition.
An area where vessels may not be operated at greater than Slow Speed, as defined in 68C-22.002(7), F.A.C.
Lands including, but not limited to, tidal lands, islands, sandbars, shallow banks, and lands waterward of the ordinary or mean high water line, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and of which it has not since divested its title interest.
Water bodies designated by the Environmental Regulation Commission for inclusion in the Outstanding Florida Waters category under Rule 62-302.700, F.A.C. Designated after a finding that the waters are of exceptional recreational or ecological significance and that the benefits of designation outweigh the costs.
That part of a dock or pier, including finger piers, that is connected to the access walkway, is located at the end point of the facility, and is designed to secure and load or unload a vessel or conduct other water-dependent activities.
One used by a vessel for a very brief period of time (generally not overnight) and/or used by various vessels. Examples include water-dependent public transportation dockage and courtesy slips at fuel docks or restaurants.
The area of submerged land required to maneuver a vessel into or out of a facility.
All change in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel's bow wave, stern wave, and propeller wash.
Uses whose primary function is derived by direct water access, including but not limited to commercial marinas, commercial charter fishing, touring and diving boat piers, water-skiing, sailing and similar instructional operations, dredging, hauling, marine repair, and other related uses.
A space designed for the mooring of a single watercraft in water. Such spaces may extend from a dock or shoreline but shall not be allowed to project from a pier.
| Acronym | Full Name |
|---|---|
| USACE (COE) | United States Army Corps of Engineers |
| FDEP | Florida Department of Environmental Protection |
| FIND | Florida Inland Navigation District |
| FWC | Florida Fish and Wildlife Conservation Commission |
| H/IR | Halifax River/Indian River (Coastal) portion of Volusia County |
| ICW | Intracoastal Waterway |
| NSAV | Native Submerged Aquatic Vegetation |
| SJR | St. Johns River portion of Volusia County |
| SJRWMD | St. Johns River Water Management District |
| USCG | United States Coast Guard |
| USFWS (FWS) | United States Fish and Wildlife Service |
| VCEM | Volusia County Environmental Management |
| VCCP | Volusia County Comprehensive Plan |
Existing State and Federal Regulatory Requirements
Develop a petroleum spill and recovery plan and train personnel in its use. The plan should be short, with clear directions understandable by each employee.
The Pollutant Discharge Act addresses: transfers of pollutants (§376.07), removal of prohibited discharges (§376.09), and liabilities of responsible parties and financial security requirements (§376.12), Florida Statutes.
Facility owner/operators or designees must be present during fueling and must have direct access to emergency shutoff devices.
Above-ground and underground storage tanks (AST/UST) are regulated by State Statute Chapters 62-761 and overseen by local county ordinances.
The marina must provide labeled containers for storage of used oil and used oil filters.
Used oil and used oil filters are prohibited from disposal at Florida landfills; they must be recycled.
Used oil and filters must be managed to avoid discharges to water or soil.
Pollution discharge restrictions — prohibits discharge of any water or bilge water which produces a sheen or contains 15 ppm or greater within 12 nautical miles of Florida's coastline or inland navigable waters.
Prohibits the discharge of pollutants into any coastal waters, estuaries, tidal flats, beaches, and lands adjoining the seacoast of the State.
Prohibits causing pollution in Florida waters.
The manatee is protected under federal law by the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973.
To catch, molest, injure, kill, annoy, or otherwise interfere with the normal activity and well-being of manatees, mammalian dolphins, or marine turtles is prohibited.
Dredging, including inadvertent prop dredging, is regulated under Part IV of Chapter 373, Florida Statutes.
On-site solid waste disposal is prohibited unless the facility is a permitted landfill.
Open burning of solid waste is prohibited.
Hazardous waste must be managed and disposed of in accordance with federal regulations. Compliance monitoring required under the Resource Conservation and Recovery Act.
All hazardous waste generated at the facility must be managed and disposed of in accordance with Chapter 62-730, F.A.C. Marine facilities engaging in spray painting may be required to obtain an air operating permit from DEP or local Air Pollution office.
The Clean Water Act and the Oil Pollution Act of 1990 prohibit the discharge of paint into regulated waters. Paint chips and sanding dust must be collected for disposal at a permitted landfill.
Used oil must be managed to avoid discharges to water and soil. Oil changes and hydraulic repairs must be performed to prevent discharges. It is prohibited to pour liquid waste down floor drains, sinks, or outdoor storm drain inlets.
It is unlawful to dispose of lead acid, wet cell, small sealed cell, or nickel-cadmium rechargeable batteries in the solid waste stream or in the waters of the State. Used lead acid batteries are regulated as hazardous waste if not carefully managed and recycled.
It is unlawful to incinerate mercury-containing lamps in any quantity (excluding households). Businesses discarding more than 10 such lamps per month must recycle them or send them to a hazardous waste landfill. All fluorescent and HID lamps used in marina business applications must be recycled following Chapter 62-737, F.A.C.
Florida Statutes prohibit the discharge of raw sewage from any vessel. All vessel owners, operators, and occupants shall comply with USCG regulations pertaining to marine sanitation devices and with EPA regulations concerning discharge of sewage.
An environmental resource permit may be required from DEP, local agency, or water management district if a new storm water system is to be constructed or an existing system modified. NPDES industrial storm water permits are required for marinas and boatyards conducting boatyard activities over land that discharge to surface waters.
Issued June 2001. The permittee shall comply with all of the following conditions.
- a. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s).
- b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.
- c. Siltation barriers shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat.
- d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
- e. If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition.
- f. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC (1-888-404-3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida.
- g. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. A sign measuring at least 3 ft. × 4 ft. reading "Caution: Manatee Area" shall be posted prominently visible to water-related construction crews. A second sign (at least 8½" × 11") reading "Caution: Manatee Habitat" shall be posted visible to the vessel operator. All signs shall be removed by the permittee upon completion of the project.
IDLE SPEED is required if operating a vessel in the construction area.
All equipment must be SHUT DOWN if a manatee comes within 50 feet of operation.
Any collision with and/or injury to a manatee shall be reported immediately to the FWC at:
(1-888-404-3922)
The Save the Manatee Club and other groups filed suit against the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (Service) alleging violations of the Endangered Species Act, NEPA, the Marine Mammal Protection Act, and the Administrative Procedure Act regarding the Florida manatee. A settlement was entered January 5, 2001.
Under the settlement, the Corps agreed to participate in FWS rulemaking for incidental take of the Manatee under the MMPA, and began using a revised "Manatee Key" to determine which proposed activities may affect the manatee, triggering Section 7 ESA consultation.
A decision-tree tool used by the Army Corps of Engineers to determine whether a proposed project "may affect" the manatee. Use this key for all projects unless listed as not applicable.
Project is located in a manatee area of heightened scrutiny in one of the following counties:
¹ Refer to the Citrus County Manatee Key to make effect determinations.
² The area in lower Monroe County to the south and west of the Seven Mile Bridge is not considered a manatee area of heightened scrutiny.
³ On the St. Mary's River, this key is only applicable to those areas within the geographical limits of the State of Florida.
⁴ Take into consideration the effects of multiple independent permit applications, i.e., how many docks have been requested or permitted in nearby waters.
Source: USACE Jacksonville District / National Marine Fisheries Service, August 2001 (updated October 2002). Both guidelines may be subject to revision at any time; the most recent version shall be used during evaluation of any permit application.
- Avoidance. The pier shall be aligned so as to minimize the size of the footprint over SAV beds.
- The height of pier shall be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking.
- The width of the pier is limited to a maximum of 4 feet. A turnaround area is allowed for piers greater than 200 feet in length (limited to a section no more than 10 ft long and 6 ft wide, located at the midpoint of the pier).
- Over-SAV bed portions of the pier shall be oriented in a north-south orientation to the maximum extent practicable.
- Terminal platforms: If possible, placed in deep water, waterward of SAV beds or in an area devoid of SAV. If placed over SAV with grated decking: limited to 160 sq ft (max 8 ft × 20 ft); if constructed of planks: limited to 120 sq ft (max 6 ft × 20 ft). The long axis should be aligned north-south.
- One uncovered boat lift area is allowed. A 2-ft wide (planks) or 3-ft wide (grating) catwalk may be added along the outboard side; a 4-ft wide walkway along the stern end — all elevated 5 feet above MHW.
- Pilings shall be installed to prevent formation of sedimentary deposits ("donuts" or "halos"). Pile driving is preferred; low-pressure jetting may be used.
- The spacing of pilings through SAV beds shall be a minimum of 10 feet on center.
- The gaps between deckboards shall be a minimum of ½ inch.
- The structure shall be aligned so as to have the smallest over-marsh footprint as practicable.
- The over-marsh portion of the dock shall be elevated to at least 4 feet above the marsh floor.
- The width of the dock is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement.
- The width of the dock is limited to a maximum of 4 feet.
- Mangrove clearing is restricted to the width of the pier.
- The location and alignment of the pier should be through the narrowest area of the mangrove fringe.
Johnson's seagrass only occurs in the estuarine lagoonal systems on Florida's east coast from Sebastian Inlet (Brevard County) south to the middle of Biscayne Bay (Rickenbacker Causeway — Miami-Dade County). This key was modified in October 2002 to change the percent light transmittance requirement of grids from 46% to 43% minimum open space.
Outcomes depend on presence/absence of Johnson's seagrass and NMFS-PRD critical habitat designation. Key requirements include:
All light-transmitting materials used for dock construction in the known range of Johnson's seagrass shall have a minimum of 43% open space (per October 2002 revision from 46%).
Data Used for Boat Facility Siting Requirements
Various information sources were evaluated to develop the boat facility siting criteria for Volusia County's Manatee Protection Plan. The following data sources were utilized:
- Abundance and distribution data
- Mortality data
- Manatee movement and use patterns
- Ecology and historical information
- Local knowledge
- Manatee Relative Abundance Composite Index Map
- Water depths
- Shoreline conditions
- Benthic community resources
- Warm water refuges
- Freshwater sources
- Volusia County Boating Activity Study — boating patterns, concentrations, seasonality
- Speed zones
- Marked channels
- Local knowledge concerning boating patterns and needs
- Current county and municipality development regulations
- Land available for development
- Public Lands Inventory
Halifax/Indian River (H/IR) Planning Zone Maps
Maps are for illustrative purposes only. Zone-specific data as of May 25, 2005. Manatee death data from January 1974 through December 2004.
2-Unnamed Private Ramp (1 Lane)
3-Tomoka Estates Ramp (1 Lane)
4-Sanchez Park (2 Lanes)
2-Tomoka State Park (2 Lanes)
3-Granada Riverfront (4 Lanes)
Zone designations (Sections 1–4) determine allowable powerboat slip densities per 100 feet of shoreline. Zone 7 (Mosquito Lagoon) has recorded the highest boat-related manatee mortality (16 deaths) and contains abundant seagrass beds. Contact Volusia County Environmental Management for current zone-specific siting criteria before submitting permit applications.
