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Contractors fear proposed sawfish rules

By Staff | Feb 21, 2009

It’s called the smalltooth sawfish, but some fear it could take a big bite out of marine construction in Southwest Florida.

Marine contractors are worried new federal rules regulating the habitat of the endangered species will prolong the current permitting process, which now takes about a week, to two years. During a severe recession, waiting for a permit is something contractors say they can ill afford.

The National Oceanic and Atmospheric Administration is in the process of drafting a recovery plan for the smalltooth sawfish, and the final plan is set to come out Sept. 1.

Under a first draft of the rules, waters that stretch from Port Charlotte down around Florida’s Southwest coast to Miami are identified as critical habitat areas of the smalltooth sawfish.

NOAA expert Shelley Norton said areas with three feet of water or less with the presence of red mangroves are a target area for the sawfish, which are threatened by fishermens’ nets, predators such as sharks, and habitat destruction.

“It’s designed to protect the juvenile nursery areas,” Norton said.

That’s because the smalltooth sawfish reproduces at a tepid pace, making the recovery of its population slow.

“It takes them 10 years before they become adults,” she added.

Michael McCartney, owner of American Marine Construction, would like to see more detail in the proposed regulations. Much of Cape Coral’s 400 miles of canals have more than three feet of water, and “99.9 percent” of them are mangrove-free.

“Our concern is that they’ve identified our canal system as a potential critical habitat area but it doesn’t meet the criteria,” McCartney said.

Norton said waters that are more than three feet deep and devoid of mangroves don’t have to go through the consultation process with federal agencies, which McCartney said can take up to two years.

“If the features aren’t present, if there’s no red mangroves, it’s not going to trigger consultation,” Norton said.

It remains to be seen, however, if the permit process will be altered.

The city of Cape Coral currently has a general permit from the U.S. Army Corps of Engineers to provide permits to marine contractors to build seawalls and docks.

Norton indicated that while the rules are still being drafted, NOAA will work with other agencies to insure the permitting process is streamlined.

But McCartney is leery of dealing with a maze of federal bureaucracies during a recession.

“If we’re dealing with two agencies that have to work with each other, there’s going to be delays,” McCartney said.

Contractors fear proposed sawfish rules

By Staff | Feb 21, 2009

It’s called the smalltooth sawfish, but some fear it could take a big bite out of marine construction in Southwest Florida.
Marine contractors are worried new federal rules regulating the habitat of the endangered species will prolong the current permitting process, which now takes about a week, to two years. During a severe recession, waiting for a permit is something contractors say they can ill afford.
The National Oceanic and Atmospheric Administration is in the process of drafting a recovery plan for the smalltooth sawfish, and the final plan is set to come out Sept. 1.
Under a first draft of the rules, waters that stretch from Port Charlotte down around Florida’s Southwest coast to Miami are identified as critical habitat areas of the smalltooth sawfish.
NOAA expert Shelley Norton said areas with three feet of water or less with the presence of red mangroves are a target area for the sawfish, which are threatened by fishermens’ nets, predators such as sharks, and habitat destruction.
“It’s designed to protect the juvenile nursery areas,” Norton said.
That’s because the smalltooth sawfish reproduces at a tepid pace, making the recovery of its population slow.
“It takes them 10 years before they become adults,” she added.
Michael McCartney, owner of American Marine Construction, would like to see more detail in the proposed regulations. Much of Cape Coral’s 400 miles of canals have more than three feet of water, and “99.9 percent” of them are mangrove-free.
“Our concern is that they’ve identified our canal system as a potential critical habitat area but it doesn’t meet the criteria,” McCartney said.
Norton said waters that are more than three feet deep and devoid of mangroves don’t have to go through the consultation process with federal agencies, which McCartney said can take up to two years.
“If the features aren’t present, if there’s no red mangroves, it’s not going to trigger consultation,” Norton said.
It remains to be seen, however, if the permit process will be altered.
The city of Cape Coral currently has a general permit from the U.S. Army Corps of Engineers to provide permits to marine contractors to build seawalls and docks.
Norton indicated that while the rules are still being drafted, NOAA will work with other agencies to insure the permitting process is streamlined.
But McCartney is leery of dealing with a maze of federal bureaucracies during a recession.
“If we’re dealing with two agencies that have to work with each other, there’s going to be delays,” McCartney said.