2005-001 (2) - Laserfiche WebLink

Home Browse Search

MEMORANDUM OF AGREEMENT �i5 /_ hoc 6v- 6 o THIS EMORANDUM OF AGREEMEEIT (THIS AGREEMENT) is entered into this 9�''�`" day of Ft b ryas `f , 200r, by and between the Board of County Commissioners of Indian River County, Florida (THE COUNTY) and the Florida Department of Environmental Protection (THE DEPARTMENT). WITNESSETH: WHEREAS, THE COUNTY has applied to the U.S. Fish & Wildlife Service (USFWS) for a Section 10 Incidental Take Permit (ITP) that will allow for the incidental take of marine turtles causally related to THE COUNTY's issuance of emergency permits for shoreline protection; and WHEREAS, a Habitat Conservation Plan (HCP) developed in support of the ITP application describes the goals, policies, rules, regulations, procedures and supporting programs that THE COUNTY will implement to minimize and mitigate impacts to marine turtles potentially resulting from emergency shoreline protection activities and WHEREAS, THE DEPARTMENT has determined that the attached "Rules & Regulations" [Attachment A] for issuance of emergency shoreline protection permits by THE COUNTY conform to Section 161, Florida Statutes, and Chapter 62B-33 of the Florida Administrative Code (FAC), with the exception of provisions pertaining to the protection of marine turtles; and WHEREAS, regulations contained in Chapter 62B-33, FAC, pertaining to the siting of erosion control structures as well as the construction and/or removal of structures during the sea turtle nesting season are intended, m part, to avoid impacts to marine turtles and their nesting habitat and to ensure that shoreline protection measures authorized under permits issued by THE DEPARTMENT do not cause the take of threatened and endangered marine turtles, a prohibition under the U.S. Endangered Species Act (1973), as amended; and • WHEREAS, Paragraph 33.0051(5)(k)4 of 62B-33, FAC, encourages local governments to obtain Section 10 ITP authorization from the USFWS prior to issuing emergency permits for shoreline protection; and WHEREAS, THE COUNTY's ITP will explicitly authorize harm to marine turtles, their eggs and hatchlings resulting from issuance of emergency permits, thereby rendering inapplicable, under THIS AGREEMENT, those portions of the above referenced FAC designed to prevent take; and WHEREAS, by issuing an ITP, the USFWS will explicitly hold THE COUNTY harmless for the take of marine turtles caused by emergency shoreline protection