62B-41.0055. Protection of Marine Turtles

(1) Any application for a permit under this chapter for coastal construction that affects marine turtles shall be subject to conditions and requirements for marine turtle protection as part of the permitting process, pursuant to Section 379.2431, F.S.

(2) Beach restoration, nourishment and mechanical sand bypassing projects shall be designed to provide habitat which is suitable for successful marine turtle nesting activity.

(3) The Department shall require appropriate measures to protect marine turtles and their habitat such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat.

(4) In order to provide protection to marine turtles and their habitat, beach restoration, nourishment and mechanical sand bypassing activities which are in compliance with other provisions of this chapter may be constructed during the main portion of the marine turtle nesting season (15 May through 15 October) if:

(a) The Department determines that appropriate measures to protect marine turtles and their habitat, such as nest surveys, nest relocation, nest marking, modification of coastal construction and measures to reduce sand compaction are to be used; and,

(b) The Department determines that sufficient justification to conduct the coastal construction during the main portion of the marine turtle nesting season has been provided. Such justification for purposes of this rule includes:

1. Economic, technological, environmental, and public health, safety and welfare factors, or

2. A determination that the habitat within the area of the coastal construction does not support successful marine turtle nesting activity due to beach profile and substrate characteristics, or

3. A nest relocation program exists within the area of the coastal construction permitted by the Department for marine turtle protection reasons unrelated to the proposed coastal construction pursuant to the provisions of Chapter 62R-1, F.A.C.

(5) If the marine turtle protection conditions of an incidental take authorization granted after the issuance of a permit are inconsistent with the Department’s permit, the Department shall amend the permit to be consistent with the incidental take authorization and FWC’s authority under the Coastal Zone Management program.

(6) All coastal construction other than beach restoration, beach nourishment and mechanical sand bypassing, which is in compliance with other provisions of this chapter, shall not be conducted during the main portion of the marine turtle nesting season (15 May through 31 October) if the Department determines that the proposed coastal construction will result in a significant adverse impact.

Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.041(1), (2), (4), (5), 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.0055, Amended 10-23-01, 1-11-17.