Title: Memo: Potential Discussion Item, Quarterly Meeting attached: Memo: Florida Fish and Wildlife Coordination Act
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Permanent Link: http://ufdc.ufl.edu/WL00002720/00001
 Material Information
Title: Memo: Potential Discussion Item, Quarterly Meeting attached: Memo: Florida Fish and Wildlife Coordination Act
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Memo: Potential Discussion Item, Quarterly Meeting,attached: Memo: Florida Fish and Wildlife Coordination Act From: E D Vergara, Jan 20, 1981
General Note: Box 10, Folder 26 ( SF WMD Quarterly Meetings VOL III - 1979-1991 ), Item 79
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002720
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
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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.

Suggest you
impact upon
portant, we

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
Sandy Young
Chuck Littlejohn


Chairman Palatka


Vice Chairman Fernandina Beach


Secretary- Titusville

Executive Director

Treasurer -Orlando




Vero Beach

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
program and

important and will directly affect the District's regulatory-
project planning programs;--


Attachment --
cc: Dale Hardin





) Q.0nt^L


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.

li I

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

61 resources.

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
L- -
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.

i i

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

143 spenv2g


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