it JOHNS RIVER
POST OFFICE BOX
1429 PALATKA, FLORIDA 32077
DATE: January 20, 1981
TO: Jake Varn, Secretary, Department of Environmental Regulation
Don Feaster, Executive Director, Southwest Florida Water Mgt. District
Jack Maloy, Executive Director, South Florida Water Mgt. District
Bill McCartney, Executive Director, Northwest Florida Water Mgt. District
Don Morgan, Executive Director, Suwannee River Water Mgt. District
FROM: E. D. Vergara, Executive Director p/
RE: Potential Discussion Item, Quarterly Meeting.
look this over if you haven't already. It could have a significant
your present permitting criteria. If considered significantly im-
can discuss under agenda item 6. C(3).
cc: Governing Board
R. T (TOMMY) CLAY
A. RAY BEVILLE
Vice Chairman Fernandina Beach
CLAUDE O. GODWIN
FRANK X. FRIEDMANN. JR.
E. D. "SONNY" VERGARA
JOHN V D'ALBORA. JR.
JOHN R. TRIPSON
I i i ., 1 11 i 4 i,11. I i IL I I
January 12, 1981
E. D. Vergara, Executive Director'
Lee Worsham, District Counsel
Bob Moresi, Director, Dept. of Res. Management
Ralph Garver, Director; Dept. of Water Resources
Mildred Horton, Director, Dept. of.Administration.
Jerry Brooks, Director, Environmental Sciences Div.
Charles Tai Director, Engineering Division
Dennis Aut Director
Office of ecutive Planning & Coordination
Florida Fk1i Wiidlife Coordination Act -
The attached draft of the Florida Fish and Wildlife Coordination Act -
has been approved by the Commissioners-of the Florida Game & Fresh
Water Fish Commission and will be profiled as a bill for the considera-
tion of the 1981 Florida Legislature.
The bill is
important and will directly affect the District's regulatory-
project planning programs;--
cc: Dale Hardin
I : Ui L I i II I I *,. .< 1 1
.: .: ;... i *" n
S1; 1 Section 1, Chapter 372. is created to read.
2 372. Florida Fish and Wildlife Coordination Act
3 (1) Short Title: This Act shall be known as the Florida Fish and
4 Wildlife Coordination Act.
5 (2) Declaration of policy: The Legislature recognizes that Florida's
6 fish and wildlife resources constitute an essential part of the quality
7 of life and contribute significantly to the economy and to the well-being
8 of the people. It is therefore the policy of the State that, in planning
9 for uses that impact the State's natural resources, fish and wildlife
10 resources will receive equal consideration with other objectives.
11 In furtherance of this policy, the Executive Director of the
12 Florida Game and Fresh Water Fish Commission and the Executive Director
13 of the Department of Natural Resources are directed to:
14 (a) Implement this Act and participate with agencies in the
15 planning or permitting of projects and activities which significantly
16 affect fish and wildlife for the purpose of minimizing adverse impacts.
17 (b) Coordinate with federal agencies in the planning of fish
18 and wildlife conservation measures for federally permitted, assisted,
19 funded, or constructed projects.
20 (3) Definitions:
21 (a) Fish and Wildlife Resources wild birds, mammals, fishes,
22 reptiles, amphibians, crustaceans, mollusks and all other wild animal
23 life and its habitat.
24 (b) Habitat those elements of the environment such as plant
25 communities, water quality and quantity, and water body substrates that
26 are necessary for the existence of wild animal life.
27 (c) Mitigation any means of lessening or compensating for
28 adverse effects on fish and wildlife resources by methods adopted as an
29 integral part of a project.
30 (d) Project engineering works, construction operations, or
31 surface water management activities in the State which affect aquatic,
32 marine, or wetlands fish and wildlife resources and which are permitted,
33 funded, constructed, planned, or sponsored by an agency.
34 (e) Agency any state agency, regional planning council,
35 water management district, or other multi-county agency which (a) plans,
36 constructs, operates, or maintains projects, (b) issues or denies permits
37 for projects, (c) provides financial assistance for projects, or
38 (d) sponsors State or federal projects.
39 (f) Wetlands habitats or vegetative communities, transitional
40 between terrestrial and aquatic systems, which exist where the substrate
41 or soil is saturated or submerged for 'periods of the year. Types of
42 wetlands include forested wetlands such as bottomland hardwoods, cypress
43 swamps, hardwood swamps, cypress ponds and mangrove swamps and herbaceous
44 wetlands including freshwater marshes, wet prairies, and salt marshes.
45 (g) Commission Florida Game and Fresh Water Fish Commission
46 and its Executive Director.
47 (h) Department Florida Department of Natural Resources and
48 its Executive Director.
49 (4) Fish and wildlife resources planning and permitting criteria.
S 50 Agencies shall give fish and wildlife resources equal consideration
51 with other permitting criteria in the permitting of projects and with
52 other planning objectives in the design of projects.
53 (5) Coordination requirements.
54 (a) Any agency constructing, sponsoring, funding or permitting
55 a project that ma c imaAS aquatic, marine, or wetland fish and wildlife
56 resourcesshall first consultwith the Commission in order to provide
57 for the conservation of these fish and wildlife resources. In addition
58 any agency constructing, sponsoring, funding or permitting a project
59 that Dotentiallv imnacts salt-water fisheries or other marine resources
60 shall first consult with the Department to determine the impact on those
62 1. Within days of receipt of a complete application for a
63 permit, the agency shall submit a copy of the application to the Commission
64 and Department. Commission or Department recommendations, if any, shall
65 be submitted to the agency within 30 day of receipt of the application
66 by the Commission or Department except where additional time is
67 specifically provided by the agency.
68 2. Agencies which construct, sponsor or fund projects shall
69 coordinate such projects with the Commission or Department through all
70 phases of planning and shall consider all comments and recommendations
71 submitted by the Commission or Department.
72 (b) The Commission and the Department shall determine
73 when impacts may significantly impact fish and wildlife resources under
74 their jurisdiction. If significant impacts are predicted, the Commission
75 or the Department shall send a report to the agency and shall prescribe
76 existing fish and wildlife resources, the expected impacts on fish and
77 wildlife resources as a result of the project, and recommend mitigation
78 measures to offset any significant adverse impacts. Such reports shall
79 be submitted within the existing time constraints of State agency
80 permitting or planning processes.
ii I 'J I II.
81 (c) Reports shall be as specific as is practical, with
82 respect to expected impacts and mitigation measures and shall include,
83 where applicable, recommendations for lands to be acquired or utilized
84 for fish and wildlife conservation purposes.
85 (d) The comments or recommendations of the Commission or
86 Department sWaJLnot beig ndig on any agency. aMelver, if the recom-
87 mendations of the Commission or Department are not substantially adopted
88 by the agency, the agency shall inform the Commission or the Department
89 hhyLthe recommendations were rejected. The agency may propose
90 alternative methods of preventing or mitigating losses.
91 (e) Any request of an agency to the Legislature for funds for
92 a new project or new portion of a project shall include an estimate of
93 fish and wildlife benefits or losses expected to result therefrom,
94 including benefits expected from mitigation efforts.
95 (6) Mitigation.
96 (a) To the extent possible, agencies shall plan, construct,
97 support, fund, or permit projects that will minimize the loss of aquatic,
98 marine, or wetlands fish and wildlife resources and shall mitigate those
99 losses which are unavoidable. Mitigation planning alternatives which
100 shall be considered include:
101 1. Avoiding the impact by omitting all or some part of
102 a proposed action.
103 2. Minimizing impacts by limiting the degree or magnitude
104 of a project.
105 3. Minimizing the impact by repairing, rehabilitating
106 or restoring the affected habitat.
107 4. Reducing impact over time by management operations
108 during the life of the project.
109 5. Compensating for the impact by replacing or
110 substituting habitat.
111 6. Others as may be deemed appropriate by the State
112 agency and the Commission or Department.
113 (b) Mitigation recommended by the Executive Director of the
114 Commission or Department shall be determined by a comparison of existing
115 fish and wildlife resources without the project with predicted fish and
116 wildlife resources after a project. Mitigation measures recommended by
117 the Commission or Department should, where possible, be sufficient to
118 meet the goal of no significant loss of fish and wildlife resources.
119 (c) Mitigation shall receive special consideration where
120 affected fish and wildlife resources include habitats or species
121 important to sportfishing or where species are classified as
122 "endangered", "threatened", or "species of special concern" by the
123 Commission in accordance with Chapter 372. the Endangered and
124 Threatened Species Act of 1977.
125 (d) Fish and wildlife resources mitigation measures, including
126 land acquisition where applicable, shall be provided for concurrently
127 with the development and construction of a project.
128 (e) Lands purchased or specifically managed for mitigation
129 shall not be used for other purposes unless agreed to by the Commission
130 or Department, as appropriate, and the agency which initiated or permitted
131 the project.
132 Section 2C e 253 F is amended by adding a new section
133 253. to read: Fish and wildlife.--In addition to any other
U ;I ii; 11
134 requirements of this chapter, when considering an application for a
135 permit under this chapter, and upon compliance with s. 372. the
136 permitting agency shall approve an application only upon a determination
137 that the activity sought to be permitted will have no adverse effects
138 upon fish and wildlife resources to such an extent as to be contrary to
139 the public interest,
140 Section 4. (Same for Chapter 373)
141 Section 5. (Same for Chapter 403)
142 Section 6. This act shall take effect