/Fort Myers Beach News
Florida Audubon calls on flights to be stopped over concerns for impact on shorebird nesting season
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The Florida Fish and Wildlife Conservation Commission is investigating a complaint that a helicopter operated by Fly Heli Tours disturbed an osprey nest located on the parking lot of the Pink Shell Beach Resort and Marina on Fort Myers Beach after allegedly flying over the property when descending toward a landing barge. Photo by Nathan Mayberg
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A helicopter operated by Fly Heli Tours is seen flying over Bowditch Point Regional Park on Fort Myers Beach as it descends to a landing barge in the bay. Photo by Nathan Mayberg
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The Florida Fish and Wildlife Conservation Commission is investigating a complaint that a helicopter operated by Fly Heli Tours disturbed an osprey nest located on the parking lot of the Pink Shell Beach Resort and Marina on Fort Myers Beach after allegedly flying over the property when descending toward a landing barge. Photo by Nathan Mayberg
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An osprey stands atop a pole at the Pink Shell Beach Resort and Marina’s parking lot above where a nest was allegedly disturbed by a Fly Heli Tours helicopter flight. Ospreys are protected under the U.S. Migratory Bird Act. Photo by Nathan Mayberg
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An osprey stands atop a pole at the Pink Shell Beach Resort and Marina’s parking lot above where a nest was allegedly disturbed by a Fly Heli Tours helicopter flight. Ospreys are protected under the U.S. Migratory Bird Act. Photo by Nathan Mayberg
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The Florida Fish and Wildlife Conservation Commission is investigating a complaint that alleges a helicopter operated by Fly Heli Tours caused a disturbance of an osprey nesting in the parking lot of the Pink Shell Beach Resort by flying too close as it descended toward its landing barge in the bay.
It is an allegation the tour operator denies.
“Our tour flights are not conducted anywhere near the nesting sites. We have met directly with FWC to review our routes and operational procedures, and we remain committed to operating responsibly and in compliance with all applicable regulations,” Fly Heli Tours owner Steve Overy said.
“There are other helicopters that fly along the beach, directly over the island, and at times above nesting areas. To avoid any confusion regarding our operation, I have reported several instances of low-flying aircraft to the Town Manager,” he said. “If anyone observes flight activity that appears unsafe or in violation of wildlife protection guidelines, I strongly encourage them to file a complaint directly with both FWC and the FAA so it can be properly investigated.”
Ospreys are protected under Florida’s imperiled species management plan and under the U.S. Migratory Bird Act. The FWC enforces protections for shorebirds nesting in the state. Shorebird nesting season began Feb. 15.
Fly Heli Tours has been operating out of a barge just outside Fort Myers Beach limits in the water near San Carlos Bay and Matanzas Pass not far from the Pink Shell Beach Resort and Bowditch Point Regional Park.
Under FWC regulations, their helicopters can not disturb nesting shorebirds. In a letter to Overy in December, the agency recommended that his flights stay at least 300 feet from active shorebird, seabird, and wading bird nesting sites.
The helicopters have been observed flying near the Pink Shell Beach Resort and over Bowditch Point Park as they descend to land on the small barge in the bay.
Fort Myers Beach Marine and Environmental Resources Task Force member Jennifer Rusk, who has previously worked as a monitor for the International Osprey Foundation, said she observed the helicopter flying above the nest and over Bowditch Point Regional Park as it descended for a landing.
Rusk said the close proximity of the helicopter flights to the bird nest and the noise from the helicopter led to the osprey mother in the nest taking flight.
“When they fly over, she gets spooked and flies away,” Rusk said. Rusk blames the noise from the helicopter. She is concerned that if there are too many helicopter flights over the nest, it could cause the osprey to abandon the nest.
Florida Fish and Wildlife Conservation Commission spokesperson Bradley Johnson said the agency is investigating the matter. He said wildlife biologists will be monitoring the area.
“We will look into it and will observe any impacts and take action if necessary,” Johnson said.
Ospreys are protected under the U.S. Migratory Bird Treaty Act. “Tt is illegal to disturb, harm, or harass them,” Johnson said. Johnson said that if the helicopter is found to be flying too close to the nest or causing a disturbance of the osprey, they would be at risk of being in violation.
The Florida Fish and Wildlife Conservation Commission is investigating a complaint that a helicopter operated by Fly Heli Tours disturbed an osprey nest located on the parking lot of the Pink Shell Beach Resort and Marina (seen at left in photo as a helicopter operated by Fly Heli Tours flies by) on Fort Myers Beach after allegedly flying over the property when descending toward a landing barge. Photo by Nathan Mayberg
Bradley Cornell, Southwest Florida Policy Associate for Florida Audubon, called for the flights to be stopped. He does not believe the helicopter tour company has required state approvals to be conducting the tours and he is concerned about the impact he says the helicopters will have on the local threatened shorebird population as shorebird nesting season gets underway.
Fort Myers Beach is home to four species of threatened shorebirds that nest on the island.
“We are very concerned about this operation of this helicopter flying tourists in areas that have sensitive habitats and coastal wildlife, especially at the start of shorebird nesting on Fort Myers Beach and other nearby areas,” Cornell said.
“We have tried to engage with the Town and have also been monitoring the situation with our biologist staff and consulting colleagues in other organizations and local concerned residents. There has been little response from the Town or the Fly Heli operator,” Cornell said.
Based on emails from state agencies, including the Florida Department of Transportation, Cornell said “it appears this helicopter barge and operation is not permitted as it does not have the helicopter base authorization required by Florida Department of Transportation, and has not been evaluated for its impacts to both citizens and wildlife. It also appears, from reviewing correspondence reports amongst agencies, that there is some confusion over who is responsible for enforcing the state and federal requirements that apply to such an operation. Audubon encourages the agencies and law enforcement to coordinate and communicate amongst themselves and with the Town and helicopter operator to assure there is proper enforcement as well as review and assessment of threats to both residents and to coastal wildlife and habitats that are very sensitive in this area.”
An osprey stands atop a pole at the Pink Shell Beach Resort and Marina’s parking lot above where a nest was allegedly disturbed by a Fly Heli Tours helicopter flight. Ospreys are protected under the U.S. Migratory Bird Act. Photo by Nathan Mayberg
Cornell said the helicopter flights should be stopped.
“Until such time as there has been proper evaluation and permitting review, these helicopter flights must stop to avoid clear threats already being reported to law enforcement,” Cornell said.
The Florida Department of Transportation in recent weeks has responded to questions from the Fort Myers Beach Observer as to whether Fly Heli Tours needs a site plan for its helipad on the barge to be reviewed, by saying they will be working on the inquiry. The agency has not yet provided specific answers.
Overy said in regards to which permits he has for the helicopter tours and if he has applied to the Florida Department of Transportation for a site plan review, said “We hold the appropriate FAA certifications to conduct helicopter tours and charters and have coordinated with the relevant regulatory agencies regarding our operations, both land-based and vessel-based.”
Meanwhile, the U.S. Army Corps of Engineers, who stated in January that they were reviewing the plans, now are referring questions to the U.S. Coast Guard.
“The Corps regulates permanently moored floating vessels under 33 CFR 322.2(b) however according to the owners of (Fly Heli Tours), the barge is moored to a dock when not in use,” U.S. Army Corps of Engineers Public Affairs Officer JP Rebello said.
“Vessels are regulated by the US Coast Guard under Title 42 and Title 33,” Rebello said in an email.
The U.S. Coast Guard has not commented on the helicopter tour company’s operations in response to questions sent by the Fort Myers Beach Observer.
In recent weeks, Overy has conducted commercial helicopter tours and increased marketing of the tours over Facebook and with signage around town.
On Monday, Fort Myers Beach Anchorage Advisory Committee Chair Chris King announced to the Town of Fort Myers Beach Council that Overy and Fly Heli Tours would be contributing $2,000 to a cruiser appreciation day the committee has been organizing for April to celebrate the town’s mooring field users. Committeemembers have been soliciting donations from local businesses and nonprofits.
Town Harbormaster Curtis Ludwig said he was asked to solicit donations for the event though he did not respond to an email asking if he was involved in soliciting a donation from Overy. King did not respond to an email either.
Fort Myers Beach spokesperson Abigail Eberhart said Ludwig was “tasked with identifying sponsors for the Cruisers Appreciation Event and, as part of that effort, he reached out to many businesses operating on the waterways. Fly Heli is one of more than 40 sponsors supporting the event through both monetary and in-kind donations.
Also among the monetary sponsors is Florida Marine Contracting and Recovery LLC, which contributed a similar amount to FlyHeli (approximately $1,500).”
Eberhart said in an email “We understand the optics and sensitivities involved. Compliance and enforcement matters fall under the jurisdiction of state and federal regulators, and we defer to those agencies regarding any regulatory oversight.”
Eberhart said if Fly Heli Tours “were to operate in a manner that falls within the Town’s jurisdiction and violates any applicable ordinances or laws, we would not hesitate to take appropriate action to ensure compliance. At this time, however, their primary operations do not fall within the Town’s regulatory authority.
“We are continuing discussions with the FlyHeli owner to ensure environmental considerations are taken seriously. At this time, we are not aware of any confirmed environmental violation regarding FWC and an osprey nest.”
Overy said on Tuesday that “We sponsored this event because we are committed to giving back to Fort Myers Beach and supporting the local community. We are also exploring additional sponsorship opportunities and have offered our vessel as a launch platform for the 2026 fireworks.”
Overy said “Our commitment is to operate legally, safely, and respectfully. If anyone ever has a safety or compliance concern, I encourage them to contact the FAA directly so the matter can be properly reviewed.”
Fort Myers Beach Mayor Dan Allers said he has received complaints about helicopters flying close to residential areas. “Over the past month, I have received some complaints about helicopters flying near residential areas, and our staff is aware of this as well,” Allers said.
“Public safety, quality of life for our residents, and protection of our environment, including our wildlife, are always top priorities for me,” Allers said. “I understand the concerns that have been raised regarding helicopter tour operations and their potential impact on nearby homes and sensitive habitats. Those concerns deserve to be taken seriously and evaluated thoughtfully.”
Regarding Overy’s sponsorship of the cruiser appreciation day, Allers said “I believe any sponsorship should
be considered carefully and in alignment with community standards and values. That decision would need to reflect
the broader sentiment of the council and the community.”
Allers said the town’s role has been “focused on ensuring compliance with applicable local regulations and maintaining open communication. The town does not regulate airspace; that authority falls under the FAA, but we do address land use and local impacts where applicable.”
Allers said “It is important that any activity operating in or near our community respects both our residents and our natural resources.”
While Overy’s barge is located just outside of the town’s boundaries, he is using a boat that is docked at Moss Marina to transport customers to the helicopter. The town has regulations which restrict properties within the town from being used for commercial aerial operations.
Fort Myers Beach Councilmember Rebecca Link said she has received “multiple emails, calls, and messages from residents expressing concern about noise and perceived low flight activity.” Link said the town is forwarding any complaints to the appropriate regulatory authorities, “including the FAA, which has enforcement jurisdiction over flight operations and altitude requirements.”
Link said that “Fort Myers Beach is a small, environmentally sensitive barrier island. Our community values the quiet enjoyment of our beaches and waterways, as well as the protection of wildlife, including dolphins, shorebirds, and sea turtles. I have heard clearly from residents that the helicopter activity has been disruptive, particularly due to noise, and I take those concerns seriously.”
In January, the Fort Myers Beach Marine and Environmental Resources Task Force approved a resolution recommending to the Town of Fort Myers Beach Council that the town work to find a more compatible location for a barge the company is using for its flights. Overy then moved the barge further north of the Pink Shell Beach Resort though not far from Bowditch Point Regional Park and Bunche Beach Preserve.
Link said “that was an important step in mitigating impacts where we have influence.”
Link has encouraged residents who believe flights are operating below FAA minimums to document the date, time, and location and submit that information so it can be reviewed by the proper agencies.
Link said she has asked the Town of Fort Myers Beach Attorney to review whether the Town has any authority to prohibit or restrict this type of operation. “We have been advised that municipalities are generally pre-empted from regulating aviation activity, which falls under federal jurisdiction,” Link said.
“Fort Myers Beach welcomes visitors who appreciate our natural environment — boating, fishing, birdwatching, kayaking, and simply enjoying the beach. As we continue rebuilding, preserving the character and environmental integrity of our island remains a priority,” Link said.