The Corps of Engineers Manatee Effect Determination Key

The purpose of this document is to provide guidance to improve the review of permit applications by U.S. Army Corps of Engineers’ (Corps) Project Managers in the Regulatory Division regarding the potential effects of proposed projects on the endangered West Indian manatee (Trichechus manatus) in Florida, and by the Florida Department of Environmental Protection or its authorized designee or Water Management District, for evaluating projects under the State Programmatic General Permit (SPGP) and any Regional General Permits that may be issued to the above agencies. Such guidance is contained in the following dichotomous key. The key applies to permit applications for in-water activities such as, but not limited to: (1) maintenance dredging (<50,000 cy) (new dredging is excluded from use of this key), placement of fill material for shoreline stabilization, and construction/placement of other in-water structures as well as (2) construction of docks, marinas, boat ramps, boat slips, dry storage or any other watercraft access structures or facilities. At a certain step in the key, the user is referred to graphics depicting manatee areas with inadequate protection, important manatee areas, and/or areas with protective measures in place. We intend to utilize the most recent depiction of these areas, so should these areas be modified by statute, rule, ordinance and/or other legal mandate or authorization, we will modify the graphical depictions accordingly. These areas may be shaded or otherwise differentiated for identification on the maps. Shading depicted on land areas is simply a product of the graphics; except for those land areas within the Corps’ scope of analysis, only the waterways within the shaded areas are considered relevant to the application of the key for the purposes of evaluating permit applications for activities mentioned in (1) and (2) above.

Explanatory footnotes are provided in the key and must be closely followed whenever encountered.

This key should only be used in the review of permit applications for effect determinations on manatees and should not be used for other listed species or for other aquatic resources such as Essential Fish Habitat (EFH). (Corps Project Managers should ensure that consideration of the project’s effects on any other listed species and/or on EFH is performed independently.) This key may be used to evaluate applications for all types of permits (individual permits, letters of permission, nationwide permits, and regional general permits) issued by the Corps. The final effect determination will be based on the project location and description; the potential effects to manatees, manatee habitat, and/or manatee critical habitat; and any measures (such as project components, standard construction precautions, or special conditions included in the permit) to avoid or minimize effects to manatees or manatee critical habitat. Projects that key to a “may affect” determination equate to “likely to adversely affect” situations, and those projects should not be processed under the SPGP. For all “may affect” determinations, Corps Project Managers should request the U.S. Fish and Wildlife Service (Service) to initiate formal consultation on the manatee. Projects that provide new access for watercraft and key to “may affect, but not likely to adversely affect” may or may not need to be reviewed individually by the Service, depending on whether the project is for single-family or multi-slip facilities. All multi-slip applications should be processed by the Corps since consultation with the Service is required.