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Y ` ♦ T� <br /> MEMORANDUM OF AGREEMENTrjrj _ 6 p 1 <br /> THIJKEMORANDUM OF AGREEMENT (THIS AGREEMENT) is entered <br /> into this day of PZb rvQ,r H . 2pUX by and between the Board of County <br /> Commissioners of Indian River Ely, "Florida (THE COUNTY ) and the Florida <br /> Department of Environmental Protection (THE DEPARTMENT). <br /> WITNESSETH: <br /> WHEREAS, THE COUNTY has applied to the U. S. Fish & Wildlife Service <br /> (USFWS) for a Section 10 Incidental Take Permit (ITP) that will allow for the incidental <br /> take of marine turtles causally related to THE COUNTY' s issuance of emergency permits <br /> for shoreline protection; and <br /> WHEREAS, a Habitat Conservation Plan (HCP) developed in support of the ITP <br /> application describes the goals, policies, rules, regulations, procedures and supporting <br /> programs that THE COUNTY will implement to minimize and mitigate impacts to <br /> marine turtles potentially resulting from emergency shoreline protection activities; and <br /> WHEREAS, THE DEPARTMENT has determined that the attached "Rules & <br /> Regulations" [Attachment A] for issuance of emergency shoreline protection permits by <br /> THE COUNTY conform to Section 161 , Florida Statutes, and Chapter 62B-33 of the <br /> Florida Administrative Code (FAC), with the exception of provisions pertaining to the <br /> protection of marine turtles; and <br /> WHEREAS, regulations contained in Chapter 62B-33 , FAC, pertaining to the <br /> siting of erosion control structures as well as the construction and/or removal of <br /> structures during the sea turtle nesting season are intended, in part, to avoid impacts to <br /> marine turtles and their nesting habitat and to ensure that shoreline protection measures <br /> authorized under permits issued by TIDE DEPARTMENT do not cause the take of <br /> threatened and endangered marine turtles, a prohibition under the U. S . Endangered <br /> Species Act ( 1973), as amended, and <br /> WHEREAS, Paragraph 33 . 0051 (5)(104 of 62B-33 , FAC, encourages local <br /> governments to obtain Section 10 ITP authorization from the USFWS prior to issuing <br /> emergency permits for shoreline protection; and <br /> WHEREAS, THE COUNTY's ITP will explicitly authorize harm to marine <br /> turtles, their eggs and hatchlings resulting from issuance of emergency permits, thereby <br /> rendering inapplicable, under THIS AGREEMENT, those portions of the above <br /> referenced FAC designed to prevent take; and <br /> WHEREAS, by issuing an ITP, the USFWS will explicitly hold THE COUNTY <br /> harmless for the take of marine turtles caused by emergency shoreline protection <br />