Public Comment Extended On Smalltooth Sawfish Designation

January 29, 2009

Release from: News-Press.com

NOAA's National Marine Fisheries Service is extending the public comment period for a proposed critical habitat designation for the endangered smalltooth sawfish.

The first public comment period ended Jan. 20 but because many people were unaware of the critical habitat proposal and public meetings held to discuss the plan, the fisheries service has extended the deadline to 5 p.m., Feb. 13.

The critical habitat designation impact the juvenile smalltooth sawfish. The designation impacts local waterways from Charlotte Harbor, through the saltwater canals in Cape Coral, along the Caloosahatchee, down through Estero Bay and and San Carlos Bay. The area covers 221,459 acres of coastal habitats, along with . 619,013 acres of costal habitat in the Ten Thousand Islands and Everglades area.

The reason for the designation is to protect the areas where the juvenile fish tend to live, which is red mangroves, a water depth of 3 feet and less and in saltwater.

The proposed designation, which could become final by September, concerns marine contractors, who worry that in such a rule could make it more difficult to obtain permits for building docks, boat lifts or seawalls in the critical areas. They fear a similar permit moratorium that developed during the high growth years when the groups clashed over manatee protection proposals. Because dock permits had to be approved by federal agencies, the process took six months to up to two years to receive permits. There was also a time when no permits were issued at all.

Since then, the Army Corps of Engineers has issued Cape Coral a general permit to issue their own, dock permits.

Under the critical habitat designation for the smalltooth sawfish, a contractor wanting to build in areas where mangroves may need to be removed, water depth of 3 feet or less increased or salinity distributed, may require federal government review before a permit is issued.

The smalltooth sawfish was listed as endangered in 2003. Because of a lawsuit, NOAA is acting on the proposed critical habitat designation. Over 500 adult and juvenile smalltooth sawfish have been spotted or caught since 1998. Many sightings were in the Charlotte Harbor or the Caloosahatchee. Some juveniles also have been found in Cape canals.

You may submit comments, identified by the Regulatory Information Number (RIN) 0648-AV74, by any of the following methods:

People can submit comments three ways:

Mail: Assistant Regional Administrator,
Protected Resources Division, NMFS, Southeast
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.

Fax: 727-824-5309

Email to www.regulations.gov by clicking on “Search for Dockets” at the top of the screen, then entering the RIN in the “RIN” field and clicking the “Submit” tab.