Guidelines for Obtaining Sand,

Gravel, and Other Non-Energy

Mineral Resources From the

Federal Outer Continental Shelf

OCS Report

MMS 2006-042

M

U.S. Department of the Interior

Minerals Management Service M S Leasing Division
How to Reach Us

Minerals Management Service

Leasing Division

381 Elden Street, MS 4010

Herndon, VA 20170-4817

703-787-1300

www.mms.gov/sandandgravel
OCS Report

MMS 2006-042

Guidelines for Obtaining Sand,

Gravel, and Other Non-Energy

Mineral Resources From the

Federal Outer Continental Shelf

U.S. Department of the Interior

Minerals Management Service Herndon, VA

Leasing Division December 2006

Introduction ............................................................................................................................. 1

Guidelines for Prospecting and Scientific Research on the OCS ............................................ 2

Obtaining a Lease for Sand, Gravel, and Other Non-energy Minerals .................................... 4

Conveyance of Rights to Sand and Gravel and Other Non-energy Minerals by

Competitive Lease Sale ..................................................................................................... 9

Appendices

Appendix 1. National Environmental Policy Act Environmental Reviews.......................... 14

Appendix 2. Public Law 103-426—Oct. 31, 1994 ............................................................... 16

Appendix 3. Example of a Negotiated (Noncompetitive) Lease Agreement ....................... 17

iii

OCS sand is placed on Patrick Air Force Base, Florida

Contents
CFR Code of Federal Regulations

EA Environmental Assessment

EFH essential fish habitat

EIS Environmental Impact Statement

EEZ Exclusive Economic Zone

ESA Endangered Species Act

DOI U.S. Department of the Interior

FWS U.S. Fish and Wildlife Service

G&G geological and geophysical

MOA Memorandum of Agreement

MMPA Marine Mammal Protection Act

MMS Minerals Management Service

NEPA National Environmental Policy Act

NMFS National Marine Fisheries Service

NOAA National Oceanic & Atmospheric Administration

OCS Outer Continental Shelf

OCSLA Outer Continental Shelf Lands Act

RFII Request for Information and Interest

USACE U.S. Army Corps of Engineers

Abbreviations

iv
The purpose of this publication is to provide general information and guidelines for those

interested in obtaining sand, gravel and other non-energy mineral resources from the Federal

Outer Continental Shelf (OCS). The guidelines were prepared by the Minerals Management

Service (MMS), the bureau within the Department of the Interior (DOI) responsible for

administering sand and gravel, oil and gas and other mineral development on the OCS. As

steward for these resources, the MMS must ensure that the removal of these mineral resources

from the OCS is done in a safe and environmentally sound manner and that any potential

adverse impacts to the marine, coastal and human environments are avoided or minimized.

The Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1331, et. seq.) provides the

authority to manage minerals on the OCS. The DOI’s jurisdiction for leasing and regulating the

recovery of minerals extends to the subsoil and seabed of all submerged lands seaward of stateowned waters to the limits of the OCS (except where this may be modified by international law

or convention or affected by the Presidential Proclamation of March 10, 1983, regarding the

Exclusive Economic Zone (EEZ). The OCSLA does not authorize the MMS to issue

prospecting permits or leases to private interests in the EEZ of a commonwealth or territory of

the United States.

Public Law 103-426 (43 U.S.C. 1337(k)(2)), (see appendix 2), allows the MMS to negotiate, on

a noncompetitive basis, the rights to OCS sand, gravel, or shell resources for shore protection,

beach or wetlands restoration projects, or for use in construction projects funded in whole or part

by or authorized by the Federal Government. A 1999 amendment to the law prohibited MMS

from charging federal, state and local government agencies a fee for using OCS sand. For all

other uses, such as private use for commercial construction material, a competitive bidding

process is required for issuing leases under section 8(k) of the OCSLA.

Although the MMS has the authority to convey rights to OCS sand, gravel and other nonenergy minerals by negotiated noncompetitive agreement or by competitive lease sale, it does

not develop and maintain a 5-year schedule of lease offerings for those minerals as it does for

oil and gas. The MMS issues OCS leases for sand, gravel, and other non-energy minerals on a

case-by-case basis. The leasing process generally begins with a formal written request by a

federal, state or local government agency to acquire an OCS lease to obtain sand, gravel or

shell resources for beach or wetlands restoration projects. Negotiated noncompetitive lease

agreements and the competitive leasing process are described in greater detail later in this

document.

1

There are two basic methods for conveying OCS

mineral rights:

• Negotiated noncompetitive agreement

• Competitive lease sale

Introduction
What is a Prospecting Permit?

A prospecting permit is issued by the MMS

to allow for the collection of geological and

geophysical data (G&G) on the OCS to

determine the feasibility of the commercial

recovery of offshore minerals including sand

and gravel. Commercial recovery is defined

as an activity whose objective is to determine

the quality, quantity, and location of an OCS

mineral deposit. Regulations for prospecting

for sand, gravel and other non-energy

minerals are in 30 CFR 280, which are posted

on the MMS website:

http://mms.gov/sandandgravel.

Who needs to apply for a Prospecting

Permit?

Any private, public or municipal corporation,

state or local government proposing to

conduct any prospecting activities on the

OCS for any marine mineral resources must

obtain a G&G permit from the MMS. The

permittee is required to share all of the data

collected under the permit with MMS and to

cover any expenses that are incurred in

providing that data. The request for a permit

must be submitted to MMS at least 60 days

prior to the date prospecting activities are

scheduled to commence.

Under the 30 CFR 280 regulations, G&G

activities for the purposes of scientific

research on the OCS require a permit if the

proposed activities include either: (1) the

drilling of a borehole to a depth greater than

500 feet below the seafloor, or (2) the use of

solid or liquid explosive. No permit is

required, however, if such activities are being

For the OCS off the...

2

conducted pursuant to authority contained in

a lease issued or maintained under part 256

and part 281 of this title unless such activities

are conducted by a federal agency.

Where must I send my Application or

Notification for a Prospecting Permit?

You must apply for a permit or file a notice at

one of the following locations:

State of Alaska

Regional Supervisor for Resource Evaluation

Minerals Management Service

Alaska OCS Region

3801 Centerpoint Drive, Suite 500

Anchorage, AK 99503-5823

Phone: 907-334-5320

Atlantic Coast and the Gulf of Mexico

Regional Supervisor for Resource Evaluation

Minerals Management Service

Gulf of Mexico OCS Region

1201 Elmwood Park Boulevard

New Orleans, LA 70123-2394

Phone: 504-736-2519/1-800-200-GULF

States of California, Oregon,

Washington, and Hawaii

Regional Supervisor for Resource Evaluation

Minerals Management Service

Pacific OCS Region

770 Paseo Camarillo

Camarillo, CA 93010-6064

Phone: 805-389-7700

Guidelines for Prospecting and Scientific Research on the OCS
What is the duration of a Prospecting

Permit?

The permits are issued for a term of one year,

but can be extended if approved by the MMS

for two additional one-year periods.

Is a permit required for Scientific

Research?

A prospecting permit is not required for

activities that do not involve drilling

activities and the use of explosives.

However, persons planning to conduct

prospecting activities are strongly encouraged

to obtain a prospecting permit from the

MMS, if the activities have the potential to:

(1) interfere with or endanger operations

under any lease, right-of-way, notice or

permit maintained or issued under the

OCSLA, or (2) harm aquatic life, result in

pollution, create hazardous or unsafe

conditions, unreasonably interfere with other

uses of the area; disturb any site, structure, or

object of historical or archaeological

significance. Persons planning to conduct

activities should also obtain a permit from

the MMS, if they have not consulted and

coordinated with other users of the area.

Guidelines for Prospecting and Scientific Research on the OCS

3

Myrtle Beach, South Carolina

Before

After
There are two types of lease conveyances for obtaining sand and gravel and other non-energy

minerals from the OCS. These are by a negotiated noncompetitive agreement, which can

only be used for obtaining sand and gravel for public works projects funded in part or whole

by a federal, state, or local government agency, and by a competitive lease sale in which any

qualified person may submit a bid.

Conveyance of a Lease for Sand and

Gravel by Negotiated (Noncompetitive) Agreement

What is a negotiated (noncompetitive)

agreement?

Under Public Law 103-426, enacted

October 31, 1994 (see appendix 2), the

MMS may negotiate, noncompetitively,

the access to OCS sand, gravel, or shell

resources for shore protection, beach or

wetlands restoration, or use in construction

projects funded in whole or part by, or

authorized by, the Federal Government.

Who can request a negotiated (noncompetitive) agreement for a mineral lease?

The MMS can negotiate with any person

(federal, state, or local government agency

or delegated party) an agreement for OCS

sand, gravel, and shell resources for use in

any shore protection, beach restoration, or

coastal wetlands restoration project undertaken by any federal, state, or local

government agency.

What kind of coastal restoration projects

qualify for negotiated (noncompetitive)

agreements?

The MMS defines coastal restoration as the

rebuilding of eroding shoreline segments,

such as beaches and dunes, barrier islands,

and wetlands, to forestall further erosion

and/or to provide protection from hurricanes,

storms, and normal coastal erosion for sensitive landward wetland areas. Restoration is

typically accomplished by placing sand

directly on the beach (or updrift and allowing

longshore processes to redistribute the

material along the beach) to form, and subsequently maintain, an adequately protected

beach.

What happens if the Federal sand is being

used for a U.S. Army Corps of Engineers

(USACE) or other Federal Agency authorized

project?

Under Public Law 103-426, the MMS and

the USACE are required to enter into a

Memorandum of Agreement (MOA) that

addresses potential uses of OCS sand and

gravel resources. The MOA describes the

project and procedures that will be followed

and identifies environmental and administrative requirements that must be met.

4

Obtaining a Lease for Sand, Gravel, and Other Non-energy Minerals
Obtaining a Lease for Sand, Gravel, and Other Non-energy Minerals

Application Process for a Negotiated

(Noncompetitive) Agreement for Sand

and Gravel

Where to apply?

Send your written request to:

Associate Director for Offshore Minerals

Management, Minerals Management Service,

U.S. Department of the Interior, 1849 C Street,

N.W., Mail Stop 4000, Washington, DC

20240.

What to include?

• Describe in detail the proposed project

for which the OCS resource will be used

including the offshore borrow sites and

the sites that would be nourished.

• Provide maps and coordinates depicting

the location of the desired sand resources

and the sites that would be nourished.

These should include:

• Detailed hard-copy maps with

coordinates and navigation features

of the desired borrow area;

• Geo-referenced spatial and tabular

data in digital format of the borrow

area with all features observed and

measured of the borrow area

according to the MMS database

specifications.

• Describe environmental documents

that have been completed or are being

prepared that cover any offshore or

onshore components of the project.

• Describe the status of federal, state, or

local permits required for the project and

describe any potential conflicts with state

or local coastal zone management plans.

• State whether the project is federally

funded in whole or in part by, or

authorized by the Federal Government.

• Specify when the resource is needed.

• Provide the name, mailing address,

telephone, and email address of the

primary point of contact.

What will the MMS do with the request?

The MMS will determine whether the request

qualifies for a negotiated (noncompetitive)

agreement and will respond to the requestor

as soon as possible.

What are the environmental considerations

and requirements under the National

Environmental Policy Act (NEPA)?

The lease applicant must provide the required

environmental analyses and documents. The

MMS will determine the type of environmental analysis required under NEPA on a

case-by-case basis. If a request is found to

be qualified under the negotiated agreement

provisions, the MMS will then determine if

an environmental impact statement (EIS) or

environmental assessment (EA) is necessary

before issuing a lease. The differences

between an EIS and an EA are discussed in

appendix 1.

5
Obtaining a Lease for Sand, Gravel, and Other Non-energy Minerals

Submission of required environmental

analyses is a two-tier process. In the first tier,

the applicant submits the basic information

about the project listed above under “What to

Include.” Once the request has been determined to qualify for a negotiated agreement,

additional environmental information may be

required, including but not limited to:

• a literature survey of the benthic

biological character of the borrow site;

• a seafloor sediment transport analysis

of the site;

• a numerical wave model of the site, to

determine potential impacts of sand

removal on the adjacent coastline; and

• the data or information enabling

MMS to comply with other agency

requirements for permitting or

coordination.

How long does a negotiated agreement take

to prepare and execute?

A negotiated agreement can typically be

executed within 7 to 9 months, if no major

environmental, multiple use conflicts, or

regulatory issues are encountered and MMS

consultations with the U.S. Fish & Wildlife

Service (FWS) and National Marine

Fisheries Service (NMFS) on threatened and

endangered species and essential fish habitat

(EFH) can be completed in a timely manner.

What are the steps involved in preparation of

a negotiated agreement?

• Applicant submits request to MMS to

obtain an OCS lease.

• MMS initiates informal Endangered

Species Act (ESA) and EFH consultations with NMFS and the FWS.

• MMS and National Oceanic &

Atmospheric Administration (NOAA)

sign MOA, if applicable.

• Applicant conducts an archaeological

survey to MMS’s requirements.

• MMS conducts Air Quality Conformity

Determination (for Non-Attainment

Zone).

• MMS completes draft EA. If the EA

finds that there may be significant

impacts on the environment, an EIS

will be prepared in lieu of continued

work on the EA.

• MMS, if required, initiates formal ESA

and EFH consultations with the FWS

and NMFS using the draft EA.

• MMS receives Biological Opinion and

EFH Conservation Recommendations

from FWS and NMFS (MMS incorporates any mitigation measures/terms and

conditions identified during informal

consultation into EA and as Terms and

Conditions within the Lease).

• MMS prepares final EA.

• MMS sends draft lease with terms and

conditions to applicant for comment.

• MMS receives applicant comments on

draft lease.

6
Obtaining a Lease for Sand, Gravel, and Other Non-energy Minerals

required to be conducted. Specific requirements will be described in the terms and

conditions of the lease.

Use of Electronic Positioning System

and Transmittal of Location Information

to MMS.

In order to ensure the accuracy of the dredge

relative to the borrow area specifications

denoted in this lease agreement, during all

phases of the offshore operation conducted

within the borrow area, the Lessee will ensure

that the dredge is equipped with an on-board

differential global positioning system capable

of maintaining and recording the location of

the dredge cutting head within an accuracy

range of no more than plus or minus 3 meters.

The specific system will be approved by the

MMS prior to the conduct of any dredge

procedures within the borrow area.

Location information (latitude and longitude)

in NAD83 must be supplied to the Chief,

MMS Marine Minerals Branch on a daily

basis. The information should be sent to the

following email address:

dredgeinfo@mms.gov.

Submittal of Production and Volume

Information to MMS.

The Lessee has a legal responsibility to ensure

the accuracy of cut depths and widths, cut

slopes and site production (sand volumes

removed) within the borrow area as specified

in the project’s operational plan and this lease

agreement. This information is routinely

collected continuously throughout the period

of dredge operation at a borrow site. The

Lessor shall retain all access rights to all

operational data at any time during which

7

• MMS sends signed copy of final Lease

Agreement to applicant.

• MMS sends letter to Congressional

committees as required by P.L.103-426.

Will the MMS charge any fee for use of the

mineral resource?

No. A provision of the Water Resources

Development Act of 1999 amended section

8(k)(1)(B) of the OCSLA to prohibit the MMS

from charging fees to state and local

governments for shore protection projects. The

agency sponsoring the project will incur the

cost to provide the data and information

necessary to complete the NEPA evaluation.

The MMS will assess a fee for use of federal

sand for private projects.

Are there any special provisions for other

federal agency requests?

Yes. All federal agencies must enter into a

MOA with the MMS concerning the potential

use of the resource. To date, the MMS has

entered into MOA’s with the USACE, National

Park Service, and the U.S. Navy for sand

resources. The requesting federal agency may

prepare the required NEPA documents or the

MMS may become a cooperating agency under

NEPA guidelines. The MMS will not issue a

lease until all applicable federal requirements

have been appropriately satisfied.

Are there special requirements for gathering

information during the dredging operation?

Yes. Electronic positioning information and

sand production and volume data are required

to be submitted to the MMS. In addition, a

post dredging hydrographic survey will be
Obtaining a Lease for Sand, Gravel, and Other Non-energy Minerals

8

dredging is occurring within the designated

federal borrow area.

The Lessee shall submit a “certified”

summary of all operational, production, and

survey activity data to the Chief, MMS

Marine Minerals Branch on a weekly basis,

in a format and method agreed to between the

Lessor, the Lessee, and the dredge operator

prior to the commencement of operations at

the borrow site. Any maps and/or profiles

submitted to the Lessor will be provided in

digital spatial format compatible with ArcGIS.

Information pertaining to the volume of

material removed must be provided with

explanatory text outlining each preceding

day’s activities and production values.

Following completion of all activities within

the lease area, the Lessee, in cooperation with

the dredge operator, shall submit to the

Lessor, a “certified” copy of the complete

operational data set (dredgehead tracklines,

cut slope angles, cut depth, etc.), outlining

any deviations from the original operational

design plan. This report should be emailed to:

dredgeinfo@mms.gov.

Pipelines and cables. If pipelines, well head

appurtenances, platform infrastructure, or

communications cables are in the vicinity of

the operation, a setback will be established.

The actual setback will be determined by the

type of substrate the dredge will be operating

in (fine-grained sediment versus sand or

gravel).

Shipboard observers. If it is determined

through the consultation process on

endangered species with the FWS or with

NOAA Fisheries concerning EFH that

shipboard observers are needed, it will be

listed as a requirement in the lease.

Are there post-dredging monitoring requirements for the monitoring site?

Yes. The type of post-dredging survey

required may vary from area to area and will

also depend upon whether the site is expected

to be a long-term source of material for future

projects. Surveys might include benthic or

fish sampling on regular intervals to monitor

dredging effects, or some type of physical

monitoring to ensure that no physical changes

are occurring. A report listing the protocols

for post-dredging monitoring may be

downloaded at: http://www.mms.gov/itd/

pubs/2001/2001-089.pdf.

Aerial view of the Patrick Air Force Base, Florida beach nourishment project
What is a competitive lease sale?

A competitive lease sale is an auction of

mineral rights for a specific lease area under

specified financial terms and other conditions.

It may include stipulations designed to

mitigate or alleviate potential environmental

consequences associated with the operation of

the lease. The lease is normally granted to the

person submitting the highest bid, subject to

the MMS fair market determination.

Who can request a competitive sale?

Any person or company may request that

OCS minerals be offered for lease. The

request should be sent to:

Director, Minerals Management Service,

U.S. Department of the Interior, 1849 C

Street, N.W., Mail Stop 0100, Washington,

DC 20240. The Code of Federal Regulations

(30 CFR 281) states all of the requirements

and procedures regarding competitive leasing

of OCS minerals. A copy of the regulations

may be obtained by contacting MMS at (703)

787-1300, or by visiting the MMS web site at:

www.mms.gov/sandandgravel.

What will happen next?

If the Director of the MMS approves the lease

request, a Request for Information and Interest

(RFII) is published in the Federal Register to

determine whether additional interest exists

in obtaining leases for sand and gravel and

other mineral resources and to obtain other

information that is relevant to the lease sale

decision, or the Director may first convene a

federal-state task force (see p. 11).

What is the purpose of the RFII?

The MMS will gather comments, information,

and indications of interest from interested

parties that address:

• Commercial, navigational, recreational,

and multiple-use considerations;

environmental concerns, including

information on biological and physical

resources; archaeological resources; and

social and economic issues.

• Potential conflicts with approved state

and local coastal management plans and

steps that the MMS could take to avoid

or mitigate these conflicts.

• Indications of interest from industry

respondents specifying blocks or areas

within the RFII area that are of particular

interest for consideration in a possible

OCS marine mineral lease sale.

• The RFII will specify a comment period.

During this time, the MMS may schedule

public workshops to discuss the RFII and

the leasing process.

The MMS will identify any environmental

concerns and multiple-use conflicts. This

information will help the MMS make a

preliminary determination on whether the

prelease process should continue. The next

step in the process is preparing an EA or EIS.

The information gathered from the RFII and/or

the task force will be used to identify:

9

Conveyance of Rights to Sand and Gravel and Other

Non-energy Minerals by Competitive Lease Sale
• Specific areas within the RFII area

that are of interest for potential

commercial marine mineral leasing

and development;

• Potential conflicts among offshore

activities and state or local coastal

zone management plans; and

• Requirements to ensure safe and

environmentally sound activities.

What is an affected state(s) task force?

Section 13 of the 30 CFR 281 regulations

allow formation of a task force with the

MMS and representatives from the affected

state(s). The task force may make

recommendations to the Secretary and

adjacent State Governor(s) concerning:

• The identification of areas in which

OCS minerals might be offered for

lease;

• The potential for conflicts between the

exploration and development of OCS

mineral resources, other users and use

of the area, and means for resolution or

mitigation of these conflicts;

• The economic feasibility of developing

OCS mineral resources in the area

proposed for leasing;

• Potential environmental problems and

measures that might be taken to mitigate

these problems;

Conveyance of Rights to Sand and Gravel and Other Non-energy Minerals by

Competitive Lease Sale

• Development of guidelines and

procedures for safe, environmentally

responsible exploration and development

practices;

• Other issues of concern to the Secretary

and adjacent State Governor(s); and

• Federal/state task forces or other such

arrangements may also be used to

conduct or oversee research, studies, or

reports (e.g., EIS’s).

What NEPA actions will occur?

For all competitive lease sales, the MMS

will carry out a NEPA evaluation. This

would include preparation of an EA or an EIS.

The MMS will use the NEPA analysis to

determine if the lease sale will be held or

modified and to determine the appropriate

environmental terms and conditions for the

sale.

The Lease Sale

Once the NEPA process is complete, a

Coastal Zone Management Plan Consistency

Determination will be made, a Draft Leasing

Notice will be published for public comment,

and a Final Leasing Notice will be published

before the sale is held. The leasing regulations also specify various terms and

conditions for non-energy mineral leasing

under the competitive bidding system. For

example, a sand and gravel lease can be

issued to the high cash-bonus bidder for an

10
Conveyance of Rights to Sand and Gravel and Other Non-energy Minerals by

Competitive Lease Sale

initial term of 10 years and can continue as

long as there is production. The leasing notice

will include all terms and conditions, such as

lease size, duration, lease stipulations

including measures to mitigate potentially

adverse impacts on the environment, and

financial considerations (e.g., rental, royalty,

and bonding requirements).

Development and Production

Operations for Non-energy Minerals

Once a competitive non-energy mineral lease

is obtained, certain plans must be prepared and

approved by the MMS. These are described in

30 CFR 282.21. The plans include:

• a delineation plan, showing the exact

quantity and quality of the mineral

deposit;

• a testing plan outlining any bulk

sampling and pilot mining needed;

• a mining plan describing the entire

mining operation from start to finish

including post-mining restoration and

monitoring of the site.

Bonding, royalty and lease payments, and

reporting requirements are also described in

the regulations

11

Appendices
The MMS is responsible for ensuring that mineral development on the OCS is conducted in a safe

and environmentally sound manner. Prior to issuing a lease, the MMS conducts an environmental

review to evaluate potential environmental effects resulting from the proposed marine mineral

exploration and development activities. The NEPA evaluation may be conducted by another lead

agency, in which case MMS is a cooperating agency. The environmental reviews are conducted in

accordance with the requirements of the NEPA and implementing regulations issued by the

Council on Environmental Quality.

14

The MMS prepares an EA or an EIS to determine any

possible environmental consequences of OCS marine

mineral development. These documents assess the

full range of possible impacts. In general, there is

a description of the proposed scenario/project for

recovery, transport and placement of the resource

material from the identified borrow or lease areas,

along with a discussion of any possible alternatives

to the proposed action. The analysis also evaluates the potential environmental impacts of each

alternative examined and identifies mitigating measures and stipulations that may be imposed to

minimize, reduce or avoid any resulting adverse environmental effects.

An EA is a concise public document in which a federal agency (1) briefly provides sufficient

evidence and analysis for determining whether to prepare an EIS or (2) determines that the

proposed action poses no significant environmental effects.

An EIS is a detailed document that thoroughly analyzes the entire proposed action and allows for

public input and comment. An EIS is prepared when the Federal Agency has determined that a

major federal action is being considered and that it is environmentally significant in scope and

magnitude such that the potential impacts must be examined in greater detail.

For either a noncompetitive negotiated agreement or a competitive lease sale, an environmental

analysis will be necessary under NEPA. The lead Federal Agency may prepare an in-depth,

Programmatic EIS or EA examining the environmental effects of dredging in identified borrow

sites in specific geographic areas. The purpose of this analysis is to support future negotiated

agreements. A project-specific EIS or EA may also be prepared.

After completing an initial Programmatic EIS or EA, the lead Federal Agency would prepare EA’s

to support decisions on the issuance of noncompetitive leases for specific projects.

An EA will also be prepared by the lead agency when a previous NEPA analysis, which adequately

covers the potential for impacts in the same area or is considered tierable under the NEPA regulations, is complete. In certain cases, the previous document can be adopted in whole, and the

present decision can be based on the prior analysis.

 Appendix 1. National Environmental Policy Act Environmental Reviews
15

The EA’s or EIS’s typically evaluate environmental effects on the following resources:

• Benthic Marine Biology,

• Physical Oceanography,

• Meteorology,

• Air Quality,

• Water Quality,

• Fishery Biology,

• Archaeology and Cultural Resources,

• Wildlife Biology/Endangered Species,

• Socioeconomics,

• Geology,

• Competing Uses,

• Petroleum Infrastructure,

• Onshore and Inland Biological and Physical Resources, and

• Wetlands Impacts.

The MMS has taken an active role in identifying the potential environmental impacts of dredging

OCS sand by conducting baseline studies of selected OCS regions and funding research on specific

areas of concern. A list of these studies and reports may be downloaded at:

www.mms.gov/sandandgravel.
PUBLIC LAW 103426—OCT. 31, 1994

108 STAT. 4371

Public Law 103426

103d Congress

An Act

To authorize the Secretary of the Interior to negotiate agreements for the use Oct. 31, 1994

of Outer Continental Shelf sand, gravel, and shell resources. [H.R. 3678]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled,

SECTION 1. AMENDMENTS.

(a) SECTION 8 AMENDMENTS.—Section 8(k) of the Outer Con-tinental Shelf Lands Act (43 U.S.C. 1337(k))

is amended—

(1) by inserting “(1)” after “(k)”; and

(2) by adding at the end the following new paragraph:

“(2)(A) Notwithstanding paragraph (1), the Secretary may nego-tiate with any person an agreement for the use of

Outer Continental Shelf sand, gravel and shell resources—

“(i) for use in a program of, or project for, shore protection, beach restoration, or coastal wetlands

restoration undertaken by a Federal, State, or local government agency; or

“(ii) for use in a construction project, other than a project described in clause (i), that is funded in whole or

part by or authorized by the Federal Government.

“(B) In carrying out a negotiation under this paragraph, the Secretary may assess a fee based on an assessment of

the value of the resources and the public interest served by promoting development of the resources. No fee shall be

assessed directly or indirectly under this subparagraph against a Federal, State, or local government agency. *

“(C) The Secretary may, through this paragraph and in con-sultation with the Secretary of Commerce, seek to

facilitate projects in the coastal zone, as such term is defined in section 304 of the Coastal Zone Management Act of

1972 (16 U.S.C. 1453), that promote the policy set forth in section 303 of that Act (16 U.S.C. 1452).

“(D) Any Federal agency which proposes to make use of sand, gravel and shell resources subject to the provisions

of this Act shall enter into a Memorandum of Agreement with the Secretary concerning the potential use of those

resources. The Secretary shall notify the Committee on Merchant Marine and Fisheries and the Committee on Natural

Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on any

proposed project for the use of those resources prior to the use of those resources.”.

(b) SECTION 20 AMENDMENTS.—Section 20(a) of the Outer Con-tinental Shelf Lands Act

(43 U.S.C. 1346(a)) is amended—

(1) in paragraph (l)—

(A) by inserting “or other lease” after “any oil and gas lease sale”; and

(B) by inserting “or other mineral” after “affected by oil and gas”; and,

(2) in paragraph (2), by inserting “In the case of an agreement under section 8(k)(2), each study required by

paragraph (1) of this subsection shall be commenced not later than 6 months prior to commencing negotiations for

such agreement or the entering into the memorandum of agreement as the case may be.” after “scheduled before

such date of enactment.”.

Approved October 31, 1994. [*Reflects the August 17, 1999 amendment in Section 215 of P.L. 106-53, Water

Resources Development Act of 1999.]

LEGISLATIVE HISTORY—H.R. 3678:

HOUSE REPORTS: No 103-817, Pt. 1, (Comm. on Natural Resources).

CONGRESSIONAL RECORD, Vol. 140 (1994):

Oct. 3, considered and passed House

Oct. 6, considered and passed Senate.

16

Appendix 2. Public Law 103-426
This lease, is made under the authority of Section 8(k)(2)(A)(i) of the Outer Continental Shelf Lands Act of August 7,

1953 (43 U.S.C. 1331 et seq.), P.L. 95-372, as amended by P.L. 103-426, (hereinafter called the “Act”), between the

United States of America (hereinafter called the “Government”), acting through the Minerals Management Service

(hereinafter called the “Lessor”), and the Collier County, Board of County Commissioners, Florida (hereinafter called

the “Lessee”). In consideration of the promises, terms, conditions, covenants, and stipulations contained herein or

attached hereto, the parties mutually agree as follows:

Section 1. Lease Area. Under the terms and conditions of this lease, the Government hereby authorizes the removal

of up to 673,000 cubic yards of sand only for exclusive use in the beach re-nourishment of a portion of Collier County

beaches. The sand will be placed on 8.6 miles of beach to restore Vanderbilt Beach, Park Shore, Pelican Bay and the

City of Naples public beaches. The sand source is a sand ridge identified as Borrow Area T1 which is located 33

miles from the beaches to be re-nourished between DNR monument (R-20) in the north and (R-80) in the south. This

authorization includes the right of the Lessee to remove and place sand on these beaches prior to the expiration of this

lease from the Federal Outer Continental Shelf (OCS) areas within the T1 Borrow Area within the following

coordinates:

This is an example of a recent noncompetitive Lease for OCS sand. Although this example shows the basic format,

each lease is tailored to specific sites and environmental concerns.

UNITED STATES

DEPARTMENT OF THE INTERIOR

MINERALS MANAGEMENT SERVICE

NEGOTIATED NONCOMPETITIVE LEASE FOR

SAND, GRAVEL AND SHELL RESOURCES ON THE

OUTER CONTINENTAL SHELF

This form does not constitute an information collection as defined by

44 U.S.C. 3502 and therefore does not require approval by the Office of

Management and Budget

Office

Washington, DC

Lease number

OCS-G-23707

17

Borrow Area T1 Corner Coordinates

Collier County Renourishment Project

Northing Easting Lat. (Degrees) Long (Degrees) Lat. (Decimal) Long (Decimal)

749905

749869

751879

752285

753862

753843

753667

753155

752686

751716

751137

751145

749905

208557

201944

201928

201026

201762

205279

205452

206055

206711

206583

207313

207800

208557

26 23 24.9

26 23 23.8

26 23 43.7

26 23 47.6

26 24 03.3

26 24 03.5

26 24 01.8

26 23 56.8

26 23 52.2

26 23 42.6

26 23 36.9

26 23 37.1

26 23 24.9

82 22 02.1

82 23 14.9

82 23 15.3

82 23 25.2

82 23 17.3

82 22 38.7

82 22 36.7

82 22 30.0

82 22 22.8

82 22 24.1

82 22 16.0

82 22 10.6

82 22 02.1

26.39024

26.38995

26.39548

26.39657

26.40093

26.40098

26.40050

26.39911

26.39784

26.39517

26.39360

26.39363

26.39024

82.36726

82.38746

82.38757

82.39034

82.38814

82.37740

82.37687

82.37501

82.37299

82.37335

82.37110

82.36962

82.36726

Appendix 3. Example of a Negotiated Noncompetitive Lease Agreement
Section 2. Statutes and Regulations. This lease is issued subject to the Act (43 U.S.C. 1337(k)(2)(A)(i)), all

regulations, orders, guidelines, and directives issued pursuant to the Act and in existence upon the Effective Date of

this lease, all regulations, orders, guidelines, and directives subsequently issued pursuant to the Act that provide for the

prevention of waste and conservation of the natural resources of the OCS and the protection of correlative rights

therein, and all other applicable statutes and regulations.

Section 3. Effective/Expiration Date of Lease. The lease will be effective upon signature by both parties. This

lease will expire one hundred eighty (180) calendar days from the effective date if the Lessee does not issue a Notice to

Proceed to a dredging contractor during that time. If a timely Notice to Proceed is issued, then the lease will expire

three hundred sixty five (365) days from the date the dredging contractors receive notice, or upon completion of the

project, whichever occurs first. A written request for an extension of time may be submitted to MMS by the Lessee not

less than thirty (30) days or more than ninety (90) days prior to the expiration of the lease.

Section 4. Notice of Operations. The Lessee shall immediately notify the Lessor of commencement or termination of

operations after the Lessee receives such notification from its contractor.

Section 5. Plans and Performance. All operations in the leased area shall be conducted in accordance with the final

approved project plan and all conditions as referenced in Attachment 1: Collier County Lease Stipulations, and all

applicable regulations, orders, guidelines and directives.

The Lessee shall provide the Lessor with a copy of the Project’s “Construction Solicitation and Specifications Plan”

(herein referred to as the Plan) for review and approval. Not withstanding any other provision of this lease, no activity

or operation authorized by it at the designated offshore borrow sites shall be carried out until the Lessor has determined

that each such activity or operation described in the Plan will be conducted in a manner that is in compliance with the

provisions and requirements of the lease. Any modifications to the Plan which affect the designated offshore borrow

sites must be approved by the Lessor prior to implementation of the modification.

The Lessee acknowledges and assumes primary responsibility for all lease activities conducted by the Lessee, its

employees, contractors or other persons or entities acting on the Lessee’s behalf, and agrees to expressly require

compliance with the terms and provisions of this lease in any contract entered into by the Lessee with such parties. The

U.S. does not warrant the content or quality of the sand for the purposes for which it is intended. The Lessee further

agrees to conduct periodic reviews and inspections of such activities to ensure compliance with the terms and

conditions of the approved plan and this lease. Any modifications to the approved project plan shall be approved by

the Lessor prior to implementation. The Lessee further agrees that no activities authorized by the approved plan or this

lease will be carried out in a manner that (1) interferes with or endangers operations under any lease issued or

maintained pursuant to the Act, (2) causes any undue harm or damage to aquatic life, (3) causes pollution, (4) creates

hazardous or unsafe conditions, (5) unreasonably interferes with or harms other uses of the leased area, or (6) disturbs

cultural resources.

Section 6. Safety Requirements. The Lessee shall require that all necessary steps be taken to assure that their

Contractor: (1) maintains all operations within the leased area in compliance with regulations, orders, guidelines, and

directives intended to protect persons, property, and the environment, including mineral deposits and formations of

mineral deposits not leased hereunder, and (2) allows prompt access, at the site of any operation subject to safety

regulations, to any authorized Federal inspector and shall provide any documents and records that are pertinent to

occupational or public health, safety, or environmental protection as may be requested. This lease is valid only if such

steps are incorporated in the contract between the Contractor and the Lessee.

Section 7. Violations, Suspensions and Cancellations. If the Lessee violates any provisions of this lease, the Lessor

may, after giving written notice, suspend any further operations of the Lessee under this lease, except such operations

as may be necessary to remedy any violations. If the Lessee fails to remedy all violations within thirty (30) days after

receipt of suspension notice, the Lessor may, by written notice, cancel this lease and take appropriate action to recover

all damages suffered by the Government by reason of such violations.

18
Section 8. Responsibility for Damages Suffered, Costs, or Expenses Incurred by the Government. The Lessor

does not warrant that the sand to be used in this project is suitable for the purpose for which it is intended. If the

Lessor incurs any damages, costs, or liabilities resulting from the use of such sand, or through the negligence of the

Lessee or its agents, contractors, or employees in relation to any operations conducted under this lease, the Lessee shall

indemnify the Lessor for such costs, damages, or expenses incurred. Such indemnification is not to be construed as a

further waiver of sovereign immunity in excess of the legislative waiver of sovereign immunity in Section 768.28,

Florida Statutes.

Section 9. Assignment or Transfer of Lease. This lease may not be assigned or transferred without written approval

of the Lessor.

Section 10. Surrender of Lease. The Lessee may surrender this lease by filing with the Lessor a written

relinquishment that shall be effective on the date of filing.

Section 11. Stipulations. The Lessee shall be subject to all the appended Stipulations to this Lease.

19
20

 Collier County – Board of County

 Commissioners

(Lessee)

(Signature of Authorized Officer)

(Name of Signatory)

Fred Coyle, Chairman

Collier County, Board of County

Commissioners

(Title)

(Date)

Attested: Clerk of Courts

(Date)

(Address of Lessee)

THE UNITED STATES OF AMERICA, Lessor

(Name of Signatory)

Associate Director

for Offshore Minerals Management

(Date)

(Signature of Authorized Officer)

(Title)

If this lease is executed by a corporation, it must bear the corporate seal
Attachment 1

UNITED STATES OF AMERICA

DEPARTMENT OF THE INTERIOR

MINERALS MANAGEMENT SERVICE

NEGOTIATED NONCOMPETITIVE LEASE FOR

SAND, GRAVEL AND SHELL RESOURCES

ON THE OUTER CONTINENTAL SHELF

COLLIER COUNTY, FLORIDA STIPULATIONS

STIPULATION NO. 1 - Post-Dredging Hydrographic Surveys of the Ocean Borrow Site

Dredged excavations within the ocean borrow site shall not exceed maximum slide slopes of 2:1 and shall not result in

the creation of a deep pit or hole. A hydrographic survey is required by the Lessee after the dredging is completed.

This data shall be submitted to the Lessor within two (2) weeks after receipt by the Lessee. The hydrographic data

shall be in a format that is compatible with pre-dredging hydrographic data to enable the latter to be subtracted from

the former to calculate the volume of sand removed and the shape of the excavation.

STIPULATION NO. 2 - Endangered and Threatened Species Under the National Oceanographic Atmospheric

Administration (NOAA) Fisheries Jurisdiction

Under the terms of section 7(b)(4) and section 7(o)(2) of the Endangered Species Act, taking that is incidental to and

not intended as part of the agency action is not considered a prohibited taking provided that such taking is in

compliance with the terms and conditions set forth below. The documented incidental take, by injury or mortality, of

three (3) Kemp’s Ridley’s, three (3) green turtles, one (1) hawksbills, five (5) loggerhead turtles, and one (1) shortnose

sturgeon is set per fiscal year for all channel dredging and sand mining by hopper dredge in the United States Army

Corps of Engineers (USACE), Jacksonville District west of Key West by the November 22, 2003 Gulf of Mexico

Regional Biological Opinion pursuant to section 7(b)(4) of the ESA. This take level represents the total authorized

take per year for hopper dredging projects conducted and permitted by the USACE Jacksonville District.

The Lessee shall ensure that the following standards shall be met:

1. Hopper Dredging: Hopper dredging activities in Gulf of Mexico waters from the Mexico-Texas border to Key

West, Florida up to one mile into rivers shall be completed, whenever possible, between December 1 and March

31, when sea turtle abundance is lowest throughout Gulf coastal waters. The Lessee or its agent shall discuss with

the Lessor and National Oceanographic Atmospheric Administration (NOAA) Fisheries why a particular project

cannot be done within the December 1-March 31 “window.”

2. Observers: The Lessee or designated representative shall arrange for NOAA Fisheries-approved observers to be

aboard the hopper dredges to monitor the hopper spoil, screening, and drag-heads for sea turtles and Gulf sturgeon

and their remains.

a. Observer coverage of hopper dredging of sand mining areas shall ensure 50% monitoring (i.e., one observer).

3. Operational Procedures: During periods in which hopper dredges are operating and NOAA Fisheries-approved

observers are not required, the Lessee must:

21
a. Advise inspectors, operators and vessel captains about the prohibitions on taking, harming, or harassing sea

turtles

b. Instruct the captain of the hopper dredge to avoid any turtles and whales encountered while traveling between

the dredge site and offshore disposal area, and to immediately contact the Lessee or its agent if sea turtles or

whales are seen in the vicinity.

c. Notify NOAA Fisheries if sea turtles are observed in the dredging area, to coordinate further precautions to

avoid impacts to turtles.

d. Notify NOAA Fisheries and immediately by phone (727/570-5312) or fax (727/570-5517) and if a sea turtle

or Gulf sturgeon is taken by the dredge.

4. Screening: When sea turtle observers are required on hopper dredges, 100% inflow screening of dredged material

is required and 100% overflow screening is recommended. If conditions prevent 100% inflow screening, inflow

screening may be reduced gradually, as further detailed in the following paragraph, but 100% overflow screening

is then required. NOAA Fisheries must be consulted prior to the reductions in screening and an explanation must

be included in the dredging report.

a. Screen Size: The hopper’s inflow screens should have 4-inch by 4-inch screening. If the Lessee or its agent,

in consultation with observers and the drag-head operator, determines that the drag-head is clogging and

reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-

inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. Clogging should be greatly reduced

with these flexible options; however, further clogging may compel removal of the screening altogether, in

which case effective 100% overflow screening is mandatory. The Lessee or its agent shall notify NOAA

Fisheries beforehand if inflow screening is going to be reduced or eliminated, and provide details of how

effective overflow screening will be achieved.

b. Need for Flexible, Graduated Screens: NOAA Fisheries believes that this flexible, graduated-screen option is

necessary, since the need to constantly clear the inflow screens will increase the time it takes to complete the

project and therefore increase the exposure of sea turtles to the risk of impingement or entrainment.

Additionally, there are increased risks to sea turtles in the water column when the inflow is halted to clear

screens, since this results in clogged intake pipes, which may have to be lifted from the bottom to discharge

the clay by applying suction.

5. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator

when the drag-heads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the

water column. This precaution is especially important during the cleanup phase of dredging operations when the

drag-head frequently comes off the bottom and can suck in turtles resting in the shallow depressions between the

high spots the drag-head is trimming off.

6. Sea Turtle Deflecting Drag-head: A state-of-the-art rigid deflector drag-head must be used on all hopper dredges

in all Gulf of Mexico channels and sand mining sites at all times of the year.

7. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be faxed to NOAA Fisheries

Southeast Regional Office (727-570-5517) and the Lessor (703-787-1165) by onboard endangered species

observers within 24 hours of any sea turtle, Gulf sturgeon, or other listed species take observed.

A report summarizing the results of the hopper dredging and any documented sea turtle or Gulf sturgeon takes

must be submitted to the Lessor and NOAA Fisheries within 30 working days of completion of the dredging

project. Reports shall contain information on project location specific area dredged), start-up and completion

dates, cubic yards of material dredged, problems encountered, incidental takes and sightings of protected species,

mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type

22
(inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers,

percent observer coverage, and any other information deemed relevant.

8. Sea Turtle Strandings: The Lessee or designated representative shall notify the Sea Turtle Stranding and Salvage

Network (STSSN) state representative (contact information available at:

http://www.sefsc.noaa.gov/seaturtleSTSSN.jsp) of the start-up and completion of hopper dredging operations and

bed-leveler dredging operations and ask to be notified of any sea turtle/sturgeon strandings in the project area that,

in the estimation of STSSN personnel, bear signs of potential drag-head impingement or entrainment, or

interaction with a bed-leveling type dredge.

Information on any such strandings shall be reported in writing within 30 days of project end to NOAA Fisheries

Southeast Regional Office. Because of different possible explanations for, and subjectivity in the interpretation of

potential causes of strandings, these strandings will not normally be counted against the USACE Jacksonville

District’s take limit; however, if compelling STSSN observer reports and evidence indicate that a turtle was killed

by a hopper dredge or a bed-leveling type dredge, that take will be deducted from the ITS’ anticipated take level

for that USACE Jacksonville District where the take occurred.

9. Reporting - Strandings: The Lessee or its representative shall provide NOAA Fisheries Southeast Regional Office

and the Lessor with a report detailing incidents, with photographs when available, of stranded sea turtles and Gulf

sturgeon that bear indications of drag-head impingement or entrainment. This reporting requirement may be

included in project report required in Term and Condition No. 7, above.

10. Conditions Requiring Relocation Trawling: Handling of sea turtles captured during relocation trawling in

association with hopper dredging projects in Gulf of Mexico navigation channels and sand mining areas shall be

conducted by NOAA Fisheries-approved endangered species observers. Relocation trawling shall be undertaken

where any of the following conditions are met.

a. Two or more turtles are taken in a 24-hour period in the project.

b. Four or more turtles are taken in the project.

c. 75% of the USACE, Jacksonville District’s sea turtle species quota for a particular species has previously

been met

11. Relocation Trawling Waiver: The Lessee or designated representative may request to the USACE Jacksonville

district and NOAA Fisheries a waiver of part or all of the relocation trawling requirements. NOAA Fisheries will

consider these requests and decide favorably if the evidence is compelling.

12. Relocation Trawling - Annual Take Limits: The November 2003 Opinion authorizes the annual (by fiscal year)

take of 300 sea turtles (of one species or combination of species) and eight Gulf sturgeon by duly-permitted,

NOAA Fisheries-approved observers in association with all relocation trawling conducted or contracted by the

four Gulf of Mexico USACE Districts to temporarily reduce or assess the abundance of these listed species during

(and in the 0-3 days immediately preceding) a hopper dredging project in order to reduce the possibility of lethal

hopper dredge interactions, subject to the following conditions:

a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in - doors out) and trawl speeds

shall not exceed 3.5 knots.

b. Handling During Trawling: Sea turtles and sturgeon captured pursuant to relocation trawling shall be handled

in a manner designed to ensure their safety and viability, and shall be released over the side of the vessel,

away from the propeller, and only after ensuring that the vessel’s propeller is in the neutral, or disengaged,

position (i.e., not rotating). Resuscitation guidelines are attached (Attachment 2).

23
c. Captured Turtle Holding Conditions: Captured turtles shall be kept moist, and shaded whenever possible,

until they are released.

d. Weight and Size Measurements: All turtles shall be measured (standard carapace measurements including

body depth) and tagged, and weighed when safely possible, prior to release; Gulf sturgeon shall be measured

(fork length and total length) and–when safely possible–tagged, weighed, and a tissue sample taken prior to

release. Any external tags shall be noted and data recorded into the observers log. Only NOAA Fisheriesapproved observers or observer candidates in training under the direct supervision of a NOAA Fisheriesapproved observer shall conduct the tagging/measuring/weighing/tissue sampling operations.

e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than 12 hours prior to

release and shall be released not less than three nautical miles (nmi) from the dredge site. If two or more

released turtles are later recaptured, subsequent turtle captures shall be released not less than five nmi away.

If it can be done safely, turtles may be transferred onto another vessel for transport to the release area to

enable the relocation trawler to keep sweeping the dredge site without interruption.

f. Take and Release Time During Trawling - Gulf Sturgeon: Gulf sturgeon shall be released immediately after

capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a

suitable (not less than: 2 ft high by 2 ft wide by 8 ft long), well-aerated seawater holding tank where a

maximum of one sturgeon may be held for not longer than 30 minutes before it must be released or relocated

away from the dredge site.

g. Injuries and Incidental Take Quota: Any protected species injured or killed during or as a consequence of

relocation trawling shall count toward the USACE, Jacksonville District’s incidental take quota. Minor skin

abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately

transported to the nearest sea turtle rehabilitation facility.

h. Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with

external tags which shall be obtained prior to the project from the University of Florida’s Archie Carr Center

for Sea Turtle Research. This Opinion serves as the permitting authority for any NOAA Fisheries-approved

endangered species observer aboard these relocation trawlers to flipper-tag with external tags (e.g., Inconel

tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also

be sampled and removed under this authority.

i. Gulf Sturgeon Tagging: Tagging of live-captured Gulf sturgeon may also be done under the permitting

authority of this Opinion; however, it may be done only by personnel with prior fish tagging experience or

training, and is limited to external tagging only, unless the observer holds a valid sturgeon research permit

(obtained pursuant to section 10 of the ESA, from the NOAA Fisheries’ Office of Protected Resources,

Permits Division) authorizing sampling, either as the permit holder, or as designated agent of the permit

holder.

j. PIT-Tag Scanning: All sea turtles captured by relocation trawling (or dredges) shall be thoroughly scanned

for the presence of PIT tags prior to release using a scanner powerful enough to read dual frequencies (125

and 134 kHz) and read tags deeply embedded in muscle tissue (e.g., manufactured by Biomark or Avid).

Turtles which scans show have been previously PIT tagged shall never-the-less be externally flipper tagged.

The data collected (PIT tag scan data and external tagging data) shall be submitted to NOAA, National

Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive,

Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to

Lisa.Belskis@noaa.gov.

k. CMTTP: External flipper tag and PIT tag data generated and collected by relocation trawlers shall also be

submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at

the University of Florida’s Archie Carr Center for Sea Turtle Research.

24
l. Tissue Sampling: All live or dead sea turtles captured by relocation trawling or dredging shall be tissuesampled prior to release, according to the protocols described in (Attachment 3). Tissue samples shall be sent

within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center,

Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in

electronic format within 60 working days to Lisa.Belskis@noaa.gov. The November 2003 Opinion serves as

the permitting authority for any NOAA Fisheries-approved endangered species observers aboard relocation

trawlers or hopper dredges to tissue-sample live- or dead-captured sea turtles, without the need for a section

10 permit.

m. PIT Tagging: PIT tagging is not required or authorized for, and shall not be conducted by, Endangered

Species Observers (ESO) who do not have 1) section 10 permits authorizing said activity and 2) prior training

or experience in said activity; however, if the ESO has received prior training in PIT tagging procedures and

is also authorized to conduct said activity by a section 10 permit, then the ESO must PIT tag the animal prior

to release (in addition to the standard external flipper tagging). PIT tagging must then be performed in

accordance with the protocol detailed at NOAA Fisheries’ Southeast Science Center’s webpage:

http://www.sefsc.noaa.gov/seaturtlefisheriesobservers.jsp. (See Appendix C on SEC’s “Fisheries Observers”

webpage). PIT tags used must be sterile, individually wrapped tags to prevent disease transmission. PIT tags

should be 125 kHz, glass-encapsulated tags the smallest ones made. Note: If scanning reveals a PIT tag and

it was not difficult to find, then do not insert another PIT tag; simply record the tag number and location, and

frequency, if known. If for some reason the tag is difficult to detect (e.g., tag is embedded deep in muscle, or

is a 400 mHz tag), then insert one in the other shoulder.

n. Other Sampling Procedures: All other tagging and external or internal sampling procedures (e.g., PIT

tagging, blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.)

performed on live sea turtles or live sturgeon are not permitted under The November 2003 Opinion unless the

observer holds a valid sea turtle or sturgeon research permit (obtained pursuant to section 10 of the ESA, from

the NOAA Fisheries’ Office of Protected Resources, Permits Division) authorizing the activity, either as the

permit holder, or as designated agent of the permit holder.

o. Handling Fibropapillomatose Turtles: Observers handling sea turtles infected with fibropapilloma tumors

shall either: 1) clean all equipment that comes in contact with the turtle (tagging equipment, tape measures,

etc.) with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling

equipment for handling animals displaying fibropapilloma tumors or lesions. Tissue/tumor samples shall be

sent within 60 days of capture to: NOAA Fisheries, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75

Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within

60 working days to Lisa.Belskis@noaa.gov. This Opinion serves as the permitting authority for all NOAA

Fisheries-approved endangered species observers aboard a relocation trawler or hopper dredge to tissuesample fibropapilloma-infected sea turtles without the need for a section 10 permit.

13. Hard-ground Buffer Zones: All dredging in sand mining areas will be designed to ensure that dredging will not

occur within a minimum of 400 feet from any significant hard-ground areas or bottom structures that serve as

attractants to sea turtles for foraging or shelter. NOAA Fisheries considers (for the purposes of this see the

November 2003 Opinion only) a significant hard-ground in a project area to be one that, over a horizontal distance

of 150 feet, has an average elevation above the sand of 1.5 feet or greater, and has algae growing on it. The

Lessee or its agent shall ensure that sand mining sites are adequately mapped to enable the dredge to stay at least

400 feet from these areas. If the Lessee or designated representative is uncertain as to what constitutes

significance, it shall consult with NOAA Fisheries’ Habitat Conservation Division and NOAA Fisheries’ Protected

Resources Division for clarification and guidance.

14. Training - Personnel on Hopper Dredges: All contracted personnel involved in operating hopper dredges

(whether privately-funded or federally-funded projects) receive thorough training on measures of dredge operation

that will minimize takes of sea turtles. It shall be the goal of each hopper dredging operation to establish operating

procedures that are consistent with those that have been used successfully during hopper dredging in other regions

of the coastal United States, and which have proven effective in reducing turtle/dredge interactions. Therefore,

25
COE Engineering Research and Development Center experts or other persons with expertise in this matter shall be

involved both in dredge operation training, and installation, adjustment, and monitoring of the rigid deflector draghead assembly.

15. Dredge Lighting: From May 1 through October 31, sea turtle nesting and emergence season, all lighting aboard

hopper dredges and hopper dredge pump-out barges operating within three nmi of sea turtle nesting beaches shall

be limited to the minimal lighting necessary to comply with U.S. Coast Guard and/or Occupational Safety and

Health Administration requirements. All non-essential lighting on the dredge and pump-out barge shall be

minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of

the water to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea

turtle hatchlings making their way seaward from their natural beaches.

STIPULATION NO. 3 - Endangered and Threatened Species Under the Fish and Wildlife Service (FWS)

Jurisdiction

The Service anticipates 13.2 miles of nesting beach habitat could be taken as a result of this proposed action. The take

is expected to be in the form of: (1) destruction of all nests that may be constructed and eggs that may be deposited

from March 1 through April 30 and from September 1 through September 30 and missed by a nest survey and egg

relocation program within the boundaries (footprint) of the proposed project; (2) destruction of all nests deposited from

November 1 through February 28 (or 29 as applicable) when a nest survey and egg relocation program is not required

to be in place within the boundaries (footprint) of the proposed project; (3) reduced hatching success due to egg

mortality during relocation and adverse conditions at the relocation site; (4) harassment in the form of disturbing or

interfering with female turtles attempting to nest within the construction area or on adjacent beaches as a result of

construction activities; (5) misdirection of hatchling turtles on beaches adjacent to the construction area as they emerge

from the nest and crawl to the water as a result of project lighting; (6) behavior modification of nesting females due to

escarpment formation within the project area during a nesting season, resulting in false crawls or situations where they

choose marginal or unsuitable nesting areas to deposit eggs; and (7) destruction of nests from escarpment leveling

within a nesting season when such leveling has been approved by the Service.

Incidental take is anticipated for only the 8.7 miles of beach that has been identified for sand placement, as well as the

interstitial beaches (totaling 13.2 miles). The Service anticipates incidental take of sea turtles will be difficult to detect

for the following reasons: (1) the turtles nest primarily at night and all nests are not found because [a] natural factors,

such as rainfall, wind, and tides may obscure crawls and [b] human-caused factors, such as pedestrian and vehicular

traffic, may obscure crawls and result in nests being destroyed because they were missed during a nesting survey and

egg relocation program; (2) the total number of hatchlings per undiscovered nest is unknown; (3) the reduction in

percent hatching and emerging success per relocated nest over the natural nest site is unknown; (4) an unknown number

of females may avoid the project beach and be forced to nest in a less than optimal area; (5) lights may misdirect an

unknown number of hatchlings and cause death; and (6) escarpments may form and cause an unknown number of

females from accessing a suitable nesting site. However, the level of take of these species can be anticipated by the

disturbance and renourishment of suitable turtle nesting beach habitat because: (1) turtles nest within the project site;

(2) beach renourishment may occur during a portion of the nesting season; (3) the renourishrnent project will modify

the incubation substrate, beach slope, and sand compaction; and (4) artificial lighting will deter and/or misdirect

nesting females and hatchlings.The amount or extent of incidental take for sea turtles will be considered exceeded if the

project results in more than a one-time placement of sand on the 8.7 miles of beach that have been identified for sand

placement. If, during the course of the action, this level of incidental take is exceeded, such incidental take represents

new information requiring re-initiation of consultation and review of the reasonable and prudent measures provided.

The FWS believes the following reasonable and prudent measures are necessary and appropriate to minimize take of

loggerheads, greens, hawksbill, or kemp’s ridley sea turtles.

The Lessee shall ensure that the following standards shall be met:

1. All fill material placed must be sand similar to a native beach in the vicinity of the site that has not been affected

by prior renourishment activities. The fill material must be similar in both coloration and grain size distribution

26
(sand grain frequency, mean and median grain size, and sorting coefficient) to the native beach and shall not

contain:

A. Greater than 10 percent, by weight, silt, clay, or colloids passing the #200 sieve;

B. Greater than 5 percent, by weight, fine gravel or cobbles, exclusive of shell material (retained by the #4

 sieve);

C. The more restrictive of 5 percent coarse gravel, cobbles, or material retained on the %-in sieve, or in a

 percentage or size greater than found on the native beach; and

D. Construction debris, toxic material or other foreign matter; and not result in contamination of the beach.

2. Beach nourishment shall be started after October 31 and be completed prior to May 1. During the May 1 through

October 31 period, no construction equipment or pipes shall be stored on the beach;

3. If the beach nourishment project will be conducted before May 1, daily early morning surveys for sea turtle nests

must be conducted from March 15 through April 30 or until completion of the project (whichever is earliest). In

the event a sea turtle nest is excavated during construction activities, all work shall cease in that area immediately

and the permitted person responsible for egg relocation for the project should be notified so the eggs can be

relocated per the following requirements:

A. Nesting surveys and egg relocations will only be conducted by personnel with prior experience and training in

nesting survey and egg relocation procedures. Surveyors must perform under the supervision of a qualified

professional with a valid FWC Marine Turtle Permit. Nesting surveys must be conducted daily between

sunrise and 9 a.m. Surveys must be performed in such a manner so as to ensure construction activity does not

occur in any location prior to completion of the necessary sea turtle protection measures; and

B. Only those nests that may be affected by construction activities will be relocated. Nests requiring relocation

must be moved no later than 9 a.m. the morning following deposition to a nearby self-release beach site in a

secure setting where artificial lighting will not interfere with hatchling orientation. Nest relocations in

association with construction activities must cease when construction activities no longer threaten nests. Nests

deposited within areas where construction activities have ceased or will not occur for 65 days must be marked

and left in place unless other factors threaten the success of the nest. Any nests left in the active construction

zone must be clearly marked, and all mechanical equipment must avoid nests by at least 10 feet.

4. If the beach nourishment project will be conducted during the period from November 1 through November 30,

daily early morning surveys for sea turtle nests must be conducted until the last nest hatches. In the event a sea

turtle nest is excavated during construction activities, all work shall cease in that area immediately and the

permitted person responsible for egg relocation for the project should be notified so the eggs can be relocated per

the requirements in 3A and 3B above;

5. Immediately after completion of the beach nourishment project and prior to March 15 for 3 subsequent years, if

placed sand still remains on the beach, the beach shall be tilled as described below to a depth of 24 in. All tilling

activity must be completed prior to March 15. If the project is completed during the nesting season, tilling shall

not occur in areas where nests have been left in place or relocated unless authorized by the Service in an Incidental

Take statement;

6. Visual surveys for escarpments along the project area must be made immediately after completion of the beach

nourishment project and prior to March 15 for 3 subsequent years if placed sand still remains on the beach. All

scarps shall be leveled, or the beach profile shall be reconfigured, to minimize scarp formation. In addition, weekly

surveys of the project area shall be conducted during the 2 nesting seasons following completion of fill placement

as follows:

27
A. The number of escarpments and their location relative to DEP reference monuments shall be recorded during

each weekly survey and reported relative to the length of the beach surveyed (e.g., 50 percent scarps).

Notations on the height of these escarpments shall be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as

well as the maximum height of all escarpments; and

B. Escarpments that interfere with sea turtle nesting or that exceed 18 in high for a distance of 100 feet must be

leveled to the natural beach contour by April 15. Any escarpment removal shall be reported relative to Rmonument locations. The Fish and Wildlife Service must be contacted immediately if subsequent reformation

of escarpments that interfere with sea turtle nesting or that exceed 18 in high for a distance of 100 feet occurs

during the nesting and hatching season (May 1 to October 31) to determine the appropriate action to be taken.

If it is determined escarpment leveling is required during the nesting or hatching season, the Fish and Wildlife

Service will provide a brief written authorization that describes methods to be used to reduce the likelihood of

impacting existing nests. An annual summary of escarpment surveys and actions taken must be submitted to

the Service. (NOTE: Out-year escarpment monitoring and remediation are not required if placed material no

longer remains on the dry beach.)

7. The lessee or designated representative must arrange a meeting between representatives of the contractor, the Fish

and Wildlife Service, the FWC, and the permitted person responsible for egg relocation at least 30 days prior to

the commencement of work on this project. At least 10 days advance notice must be provided prior to conducting

this meeting. This will provide an opportunity for explanation and/or clarification of the sea turtle protection

measures;

8. From March 15 through April 30 and November 1 through November 30, staging areas for construction equipment

must be located off the beach to the maximum extent practicable. Nighttime storage of construction equipment not

in use must be off the beach to minimize disturbance to sea turtle nesting and hatching activities during this period.

In addition, all construction pipes placed on the beach must be located as far landward as possible without

compromising the integrity of the existing or reconstructed dune system. Temporary storage of pipes must be off

the beach to the maximum extent possible. Temporary storage of pipes on the beach must be in such a manner so

as to impact the least amount of nesting habitat and must likewise not compromise the integrity of the dune

systems (placement of pipes perpendicular to the shoreline is recommended as the method of storage);

9. From March 15 through April 30 and November 1 through November 30, all on-beach lighting associated with the

project must be limited to the immediate area of active construction only and must be the minimal lighting

necessary to comply with all safety requirements. Lighting on offshore equipment must be minimized through

reduction, shielding, lowering, and appropriate placement of lights to avoid excessive illumination of the water,

while meeting all U.S. Coast Guard and Occupational Safety and Health Administration (OSHA) requirements.

Shielded low pressure sodium vapor lights are recommended for lights on offshore equipment that cannot be

eliminated, and for illumination of the nesting beach and nearshore waters. Light intensity of lighting plants must

be reduced to the minimum standard required by OSHA for General Construction areas, in order not to misdirect

sea turtles. Shields must be affixed to the light housing and be large enough to block light from all lamps from

being transmitted outside the construction area;

10. A lighting survey shall be conducted from the nourished berm prior to April 15 of the first nesting season

following nourishment and action taken to ensure no lights or light sources are visible from the newly elevated

beach. A report summarizing all lights visible, using standard survey techniques for such surveys, shall be

submitted to the Service by May 15 and documenting all compliance and enforcement action. Additional lighting

surveys shall be conducted monthly through August and results reported by the 15th of each month of the first

nesting season after project completion;

28
11. All reports describing the actions taken to implement the terms and conditions of this incidental take statement

must be submitted to the Lessor and the South Florida Ecological Services Office, Vero Beach, Florida, within 60

days of completion of the proposed work. Types of reporting will include, but is not limited to, that related to

tilling, scarp reduction, nest and hatching data, lighting, and egg relocation, and shall include details such as dates

of actual construction activities, names, and qualifications of personnel involved in nest surveys and relocation

activities, descriptions and locations of self-release beach sites, nest survey and relocation results, and hatching

success of nests;

12. In the event a sea turtle nest is excavated during construction activities, all work shall cease in that area

immediately and the permitted person responsible for egg relocation for the project must be notified so the eggs

can be moved to a suitable relocation site;

13. Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen, initial notification must be

made to the FWC at 1-888-404-3922, the South Florida Ecological Services Office, Vero Beach and the Lessor.

Care should be taken in handling sick or injured specimens to ensure effective treatment and care and in handling

dead specimens to preserve biological materials in the best possible state for later analysis of cause of death. In

conjunction with the care of sick or injured endangered or threatened species or preservation of biological

materials from a dead animal, the finder has the responsibility to ensure evidence intrinsic to the specimen is not

unnecessarily disturbed; and

14. In the event a hopper dredge is utilized for sand excavation, all conditions in the NOAA Fisheries Biological

Opinion for Dredging of Gulf of Mexico Navigation Channels and Sand Mining Borrow Areas Using Hopper

Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number

F/SEW2000/01287) must be followed, and the Service shall be sent copies of the reports specified in the

Biological Opinion.

STIPULATION NO. 4 - Calculation of the Volume of Sand Placed

To ascertain the total volume of sand placed, the Lessee will require that the contractor forward copies of the data

employed to make this determination, the methodology used, and the calculations to the Lessor within two (2) weeks

after receipt by the Lessee.

STIPULATION NO. 5 - National Oil and Hazardous Substances Pollution Contingency Plan

The Lessee must require that the construction solicitation and specifications contract use language which its contractors

and subcontractors prepare for and take all necessary precautions to prevent discharges of oil and releases of hazardous

materials. In event of an occurrence, notification and response will be in accordance with 40 CFR 300 and applicable

regulations of the State of Florida. The Lessee shall notify the Lessor of any occurrences and remedial actions, and

provide copies of reports of the incident and resultant actions.

STIPULATION NO. 6 - Archaeological Reporting Requirement Plan

If the Lessee or any contractor operating on the Lessee’s behalf discovers any archaeological resource while

conducting dredging operations in any of the offshore borrow areas the Lessee or contractor operating on the Lessee’s

behalf shall immediately halt operations within the area of the discovery and report the discovery to the Chief, Leasing

Division, MMS. If investigations determine that the resource is significant, the Chief, Leasing Division, will inform

the lessee how to protect it.

29
STIPULATION NO. 7 - Use of Electronic Positioning System on Dredge and Transmittal of Location and

Production Information to the Lessor

Use of Electronic Positioning System and Transmittal of Location Information to MMS:

To ensure the accuracy of the dredge relative to the borrow area specifications denoted in this lease agreement, during

all phases of the offshore operation conducted within the borrow area, the Lessee will ensure that the dredge is

equipped with an on-board differential global positioning system (DGPS) capable of maintaining and recording the

location of the dredge within an accuracy range of no more than plus or minus 3 meters. The specific system will be

approved by the Lessor prior to the conduct of any dredge procedures within the borrow area.

Location information (latitude and longitude) in NAD83 must be supplied on CD-ROM on a weekly basis to Minerals

Management Service, Chief, Marine Minerals Branch (MMB), 381 Elden Street, MS 4010, Herndon, Virginia 20170.

Submittal of Production and Volume Information to the Lessor:

The Lessor will ensure the accuracy of cut depths and widths, cut slopes, and site production (sand volumes removed)

within the borrow area as specified in the project’s operational plan and this lease agreement. This information is

routinely collected continuously throughout the period of dredge operation at a borrow site. The Lessor shall retain all

access rights to all operational data at any time during which dredging is occurring within the designated Federal

borrow area.

The Lessee will submit a “certified” summary of all operational, production, and survey activity data to the MMS

Chief, MMB at the address above on CD-ROM on a weekly basis, in a format and method agreed to between the

Lessor, the Lessee, and the dredge operator prior to the commencement of operations at the borrow site. Any maps

and/or profiles submitted to the Lessor will be provided in digital spatial format compatible with Arc GIS. Information

pertaining to the volume of material removed must be provided with explanatory text outlining each preceding day’s

activities and production values.

Following completion of all activities within the lease area, the Lessee, in cooperation with the dredge operator, shall

submit to the Lesssor, a “certified” copy of the complete operational data set (dredge tracklines, cut slope angles, cut

depth, etc.), outlining any deviations from the original operational design plan. This report should be in MS Word

formt and should be sent to the Chief, MMB at the address above.

STIPULATION NO. 8 – Submittal of Project Completion Report to the MMS

Upon final completion of the project authorized under the terms and conditions of this lease, the Lessee shall submit to

Minerals Management Service, Chief, Marine Minerals Branch, 381 Elden Street, MS 4010, Herndon, Virginia 20170,

one (1) paper copy and one (1) electronic copy of a project completion report. The report shall contain, at a minimum,

the following information:

• the names and titles of the project managers overseeing the effort (both for the Lessee and the

dredging/engineering firm), including contact information (phone numbers, mailing addresses, and email

addresses),

• the location and description of the project, including the final figures relative to the total volume of material

extracted from the borrow site and the volume of material actually placed on the beach or shoreline (including

a description of the volume calculation method used to determine these volumes),

30
• a narrative describing the final, as-built features, boundaries, and acreage, including the restored beach width

and length,

• a table, an example of which is illustrated below, showing the various key project cost elements,

31

• a table, an example of which is illustrated below, showing the various items of work construction, final

quantities, and monetary amounts,

• a listing of construction and construction oversight information, including the prime and subcontractors,

contract costs, etc.,

• a list of all major equipment used to construct the project,

• a narrative discussing the construction sequences and activities, and, if applicable, any problems encountered

and subsequent solutions,

• a list and description of any construction change orders issued, if applicable,

• a list of any pipelines or other oil/gas-related infrastructure in the project area, the owners, and any contacts

made,

• a list and description of any safety-related issues or accidents reported during the life of the project,

• a narrative and any appropriate tables describing any environmental surveys/efforts associated with the project

and costs associated with these efforts,

• any additional pertinent comments,

• a table listing significant construction dates beginning with bid opening and ending with final acceptance of

the project by the Lessee,

• An appendix containing the as-built drawings, beach-fill cross-sections, and survey data.

The report shall be submitted within 120 days following completion of the project.

STIPULATION NO. 9– Submittal of all Copies of Project Data to the Lessor required under Florida’s Joint

Coastal Permit No. 0222355-001-JC

The Lessee is required to submit to the Lessor copies of all information mandated under Florida’s Joint Coastal Permit

for the Collier County Beach Nourishment Project.

Project Cost Estimate ($) Cost Incurred as of Construction

Completion ($)

Construction

Engineering and Design

Inspections/Contract

Administration

Total

Item Item

No.

Mobilization and

Demobilization

Beach Fill

Any beach or

offshore hard

structure placed or

removed

 Estimated

 Quantity

 Unit Unit

 Price

 Estimated

 Amount

 Final

 Quantity

Bid

Unit

Price

 Final

 Amount

%

Over/

Under

1

2

3
Attachment 2

SEA TURTLE HANDLING AND RESUSCITATION GUIDELINES

Any sea turtles taken incidentally during the course of fishing or scientific research activities must be handled with due

care to prevent injury to live specimens, observed for activity, and returned to the water according to the following

procedures:

A) Sea turtles that are actively moving or determined to be dead (as described in paragraph (B)(4) below) must be

released over the stern of the boat. In addition, they must be released only when fishing or scientific collection

gear is not in use, when the engine gears are in neutral position, and in areas where they are unlikely to be

recaptured or injured by vessels.

B) Resuscitation must be attempted on sea turtles that are comatose or inactive by:

1. Placing the turtle on its bottom shell (plastron) so that the turtle is right side up and elevating its hindquarters

at least 6 inches (15.2 cm) for a period of 4 to 24 hours. The amount of elevation depends on the size of the

turtle; greater elevations are needed for larger turtles. Periodically, rock the turtle gently left to right and right

to left by holding the outer edge of the shell (carapace) and lifting one side about 3 inches (7.6 cm) then

alternate to the other side. Gently touch the eye and pinch the tail (reflex test) periodically to see if there is a

response.

2. Sea turtles being resuscitated must be shaded and kept damp or moist but under no circumstance be placed

into a container holding water. A water-soaked towel placed over the head, carapace, and flippers is the most

effective method in keeping a turtle moist.

3. Sea turtles that revive and become active must be released over the stern of the boat only when fishing or

scientific collection gear is not in use, when the engine gears are in neutral position, and in areas where they

are unlikely to be recaptured or injured by vessels. Sea turtles that fail to respond to the reflex test or fail to

move within 4 hours (up to 24, if possible) must be returned to the water in the same manner as that for

actively moving turtles.

4. A turtle is determined to be dead if the muscles are stiff (rigor mortis) and/or the flesh has begun to rot;

otherwise, the turtle is determined to be comatose or inactive and resuscitation attempts are necessary.

 Any sea turtle so taken must not be consumed, sold, landed, offloaded, transshipped, or kept below deck.

These guidelines are adapted from 50 CFR ‘ 223.206(d)(1). Failure to follow these procedures is therefore a

punishable offense under the Endangered Species Act.

32
Attachment 3

PROTOCOL FOR COLLECTING TISSUE FROM DEAD TURTLES FOR GENETIC ANALYSIS

Method for Dead Turtles

IT IS CRITICAL TO USE A NEW SCALPEL BLADE AND GLOVES FOR EACH TURTLE TO AVOID CROSSCONTAMINATION OF SAMPLES

• Put on a new pair of latex gloves.

• Use a new disposable scalpel to cut out an approx. 1 cm (2 in) cube (bigger is NOT better) piece of muscle.

Easy access to muscle tissue is in the neck region or on the ventral side where the front flippers A insert near

the plastron. It does not matter what stage of decomposition the carcass is in.

• Place the muscle sample on a hard uncontaminated surface (plastron will do) and make slices through the

sample so the buffer solution will penetrate the tissue.

• Put the sample into the plastic vial containing saturated Na Cl with 20% DMSO *(SEE BELOW)

• Use the pencil to write the stranding ID number (observer initials, year, month, day, turtle number by day),

species, state and carapace length on the waterproof paper label and place it in the vial with the sample.

EXAMPLE: For a 35.8 cm curved carapace length green turtle documented by Jane M. Doe on July 15, 2001

in Georgia, the label should read AJMD20010715-01, C. mydas, Georgia, CCL=35.8 cm. If this had been the

third turtle Jane Doe responded to on July 15, 2001, it would be JMD20010715-03.

• Label the outside of the vial with the same information (stranding ID number, species, state and carapace

length) using the permanent marker.

• Place clear scotch tape over the writing on the vial to protect it from being smeared or erased.

• Wrap parafilm around the cap of the vial by stretching it as you wrap.

• Place vial within whirl pack and close.

• Dispose of the scalpel.

• Note on the stranding form that a part was salvaged, indicating that a genetic sample was taken and specify the

location on the turtle where the sample was obtained.

• Submit the vial with the stranding report to your state coordinator. State coordinators will forward the reports

and vials to NMFS for processing and archiving.

*The 20% DMSO buffer in the plastic vials is nontoxic and nonflammable. Handling the buffer without

gloves may result in exposure to DMSO. This substance soaks into skin very rapidly and is commonly used

to alleviate muscle aches. DMSO will produce a garlic/oyster taste in the mouth along with breath odor.

The protocol requires that you WEAR gloves each time you collect a sample and handle the buffer vials.

The vials (both before and after samples are taken) should be stored at room temperature or cooler. If you

don’t mind the vials in the refrigerator, this will prolong the life of the sample. DO NOT store the vials

where they will experience extreme heat (like in your car!) as this could cause the buffer to break down and

not preserve the sample properly.

Questions: Sea Turtle Program: NOAA/NMFS/SEFSC, 75 Virginia Beach Drive, Miami, FL 33149

Phone: 305-361-4207

33
34

A PROTOCOL FOR COLLECTING TISSUE FROM LIVE TURTLES FOR GENETIC ANALYSIS

Method for Live Turtles

IT IS CRITICAL TO USE A NEW BIOPSY PUNCH AND GLOVES FOR EACH TURTLE TO AVOID CROSSCONTAMINATION OF SAMPLES

1. Turn the turtle over on its back.

2. Put on a new pair of latex gloves.

3. Swab the entire cap of the sample vial with alcohol.

4. Wipe the ventral and dorsal surfaces of the rear flipper 5-10 cm from the posterior edge with the Betadine/

iodine swab.

5. Place the vial under the flipper edge to use the cleaned cap as a hard surface for the punch.

6. Press a new biopsy punch firmly into the flesh as close to the posterior edge as possible and rotate one

complete turn. Cut all the way through the flipper to the cap of the vial.

7. Wipe the punched area with Betadine/iodine swab; rarely you may need to apply pressure to stop bleeding.

8. Use a wooden skewer to transfer the sample from the biopsy punch into the plastic vial containing saturated

NaCl with 20% DMSO *(SEE BELOW)

9. Use the pencil to write the stranding ID number (observer initials, year, month, day, turtle number by day),

species, state and carapace length on the waterproof paper label and place it in the vial with the sample.

EXAMPLE: For a 35.8 cm curved carapace length green turtle documented by Jane M. Doe on July 15, 2001

in Georgia, the label should read AJMD20010715-01, C. mydas, Georgia, CCL=35.8 cm. If this had been the

third turtle Jane Doe responded to on July 15, 2001, it would be JMD20010715-03.

10. Label the outside of the vial with the same information (stranding ID number, species, state and carapace

length) using the permanent marker.

11. Place clear scotch tape over the writing on the vial to protect it from being smeared or erased.

12. Wrap parafilm around the cap of the vial by stretching it as you wrap.

13. Place vial within whirlpak and close.

14. Dispose of the biopsy punch.

15. Note on the stranding form that a part was salvaged, indicating that a genetic sample was taken and specify the

location on the turtle where the sample was obtained.

16. Submit the vial with the stranding report to your state coordinator. State coordinators will forward the reports

and vials to NMFS for processing and archiving.

*The 20% DMSO buffer in the plastic vials is nontoxic and nonflammable. Handling the buffer without gloves may

result in exposure to DMSO. This substance soaks into skin very rapidly and is commonly used to alleviate muscle

aches. DMSO will produce a garlic/oyster taste in the mouth along with breath odor. The protocol requires that

you WEAR gloves each time you collect a sample and handle the buffer vials.

The vials (both before and after samples are taken) should be stored at room temperature or cooler. If you don’t

mind the vials in the refrigerator, this will prolong the life of the sample. DO NOT store the vials where they will

experience extreme heat (like in your car!) as this could cause the buffer to break down and not preserve the sample

properly.

Questions: Sea Turtle Program, NOAA/NMFS/SEFSC, 75 Virginia Beach Drive, Miami, FL 33149

Phone: 305-361-4207
Genetic Sample Kit Materials: LIVE turtles

1. latex gloves

2. alcohol swabs

3. Betadine/iodine swabs

4. 4-6 mm biopsy punch B sterile, disposable (Moore Medical Supply 1-800-678-8678, part #0052442)

5. plastic screw-cap vial containing saturated NaCI with 20% DMSO, wrapped in parafilm

6. wooden skewer

7. waterproof paper label, 2 X 4 pencil to write on waterproof paper label

8. permanent marker to label the plastic vials

9. scotch tape to protect writing on the vials

10. piece of parafilm to wrap the cap of the vial

11. whirl-pak to return/store sample vial

Genetic Sample Kit Materials DEAD turtles

1. latex gloves

2. single-use scalpel blades (Fisher Scientific 1-800-766-7000, cat. #08-927-5A)

3. plastic screw-cap vial containing saturated NaCI with 20% DMSO, wrapped in parafilm

4. waterproof label , 3 X 4 pencil to write on waterproof paper label

5. permanent marker to label the plastic vials

6. scotch tape to protect writing on the vials

7. piece of parafilm to wrap the cap of the vial

8. whirl-pak to return/store sample vial

35

The Department of the Interior Mission

As the Nation's principal conservation agency, the Department of the Interior has responsibility 

for most of our nationally owned public lands and natural resources. This includes fostering 

sound use of our land and water resources; protecting our fish, wildlife, and biological diversity; 

preserving the environmental and cultural values of our national parks and historical places; 

and providing for the enjoyment of life through outdoor recreation. The Department assesses 

our energy and mineral resources and works to ensure that their development is in the best 

interests of all our people by encouraging stewardship and citizen participation in their care. 

The Department also has a major responsibility for American Indian reservation communities 

and for people who live in island territories under U.S. administration. 

The Minerals Management Service Mission 

As a bureau of the Department of the Interior, the Minerals Management Service's (MMS) 

primary responsibilities are to manage the mineral resources located on the Nation's Outer 

Continental Shelf (OCS), collect revenue from the Federal OCS and onshore Federal and Indian 

lands, and distribute those revenues. 

Moreover, in working to meet its responsibilities, the Offshore Minerals Management Program 

administers the OCS competitive leasing program and oversees the safe and environmentally 

sound exploration and production of our Nation's offshore natural gas, oil and other mineral 

resources. The MMS Minerals Revenue Management meets its responsibilities by ensuring the 

efficient, timely and accurate collection and disbursement of revenue from mineral leasing and 

production due to Indian tribes and allottees, States and the U.S. Treasury. 

The MMS strives to fulfill its responsibilities through the general guiding principles of: (1) being 

responsive to the public's concerns and interests by maintaining a dialogue with all potentially 

affected parties and (2) carrying out its programs with an emphasis on working to enhance the 

quality of life for all Americans by lending MMS assistance and expertise to economic 

development and environmental protection.
www.mms.gov