Laserfiche WebLink
MEMORANDUM OF AGREEMENT <br />�i5 <br />/_ hoc <br />6v- 6 o <br />THIS EMORANDUM OF AGREEMEEIT (THIS AGREEMENT) is entered <br />into this 9�''�`" day of Ft b ryas `f , 200r, by and between the Board of County <br />Commissioners of Indian River County, 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, m 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 THE 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 />• <br />WHEREAS, Paragraph 33.0051(5)(k)4 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 />