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to k - S • • Method 2 (Time modification of existing formula) "Method 2 " modifies the existing formula ' s timeframe , changing the calculation to date back to 1993 - the year manatee protection speed zones were imposed in the County - instead of dating back to 1974 . While staff feels this revised timeframe is more equitable than the current formula, it stills projects the goal of one manatee death per year into the past, which from staff' s perspective is not appropriate . • Method 3 (Actual proportionate average) "Method 3 , " which was recommended by staff to the MANWAC as a preferred alternative , compares the average of manatee deaths per year within a three -mile radius of a marina project to the actual countywide proportionate average , instead of using the goal of one manatee death per year. Under this alternative , average annual deaths are calculated dating back to 1993 . As previously indicated, the MANWAC ultimately voted 5 to 3 to support this alternative . Although staff recommended "Method 3 " to MANWAC as the preferred alternative (to Methods 1 and 2) , points were raised at the MANWAC meeting that have led staff to rethink the calculation. More specifically, a problem with Method 3 is that it does not serve to promote the MPP goal of one watercraft-related manatee death per year. That is because , if actual proportionate averages are used to determine high mortality, an area of the lagoon can be determined to have "low" mortality in the future even during a high countywide manatee mortality trend, since it is all relative . As a result, although Method 3 resolves the discrepancy of projecting a goal into the past (since it doesn ' t do that) , it fails to project the County 's goal of one manatee death per year countywide into the future . • Method 4 (Combination of actual and goal mortality) To resolve the problem with Method 3 , which does not account for the County ' s manatee mortality goal, staff is now proposing a combination of Methods 2 and 3 . This combination method ( "Method 4 ") uses actual proportionate annual average dating back to 1993 to assess the current status of high watercraft-related mortality . However, Method 4 uses the one-manatee death per year countywide average from hereon out, into the future. What this combination approach accomplishes (that the other methods don ' t) is that it does not punish riparian landowners for what has happened in the past, but it does set reasonable limits on development in the future to promote the County ' s goal of keeping watercraft-related manatee deaths to a minimum . Four-Foot Water Depth Requirement The intent of the MPP four-foot water depth requirement is to protect submerged resources from mechanical damage (e . g ., prop scarring) ; to protect manatees by providing sufficient water depths within a marina area ; and to protect water quality by reducing or eliminating prop dredging. In county staff' s review of the Sebastian Inlet Marina expansion proposal , it is apparent that the four- foot water depth requirement, without consideration of the lack of presence of aquatic resources or of vessel draft, goes beyond the intent of the MPP . Rather, an applicant should be afforded the opportunity to demonstrate that a project will meet the intent by means other than by a four- foot depth requirement in all cases . Staff is proposing a revision to MPP text to afford that opportunity (see Attachment 2) . This new language will allow the applicant the opportunity to either meet the four- foot water depth requirement or comply with a one-foot clearance over submerged bottom and aquatic resources , as applicable . The MANWAC has reviewed this language and recommends that the Board adopt the revision . RECOMMENDATION Staff recommends that the Board of County Commissioners conceptually approve the following revisions the to NIPP , subject to formal adoption of the revisions at an advertised public hearing : 1 . Replace the current "high manatee watercraft-related mortality" calculation with Method 4 described herein ; and 2 . Revise the four- foot water depth requirement as set forth in Attachment 2 . ATTACHMENTS 1 . Alternative methods for calculating "High Watercraft-Related Manatee Mortality" 2 . Proposed revised four- foot depth requirement language November 20 , 2001 39 i xk 1 } � 4