In a sense, Fly Heli Tours has found a helicopter landing spot in the waters of San Carlos Bay and Matanzas Pass that almost technically may seem to be in the middle of nowhere, while at the same time is in the middle of everywhere concerning Fort Myers Beach.<\/p>\n
The company has anchored a barge in an area of the bay that is surrounded by homes, businesses, a county park, a state-designateds critical wildlife area and nature preserves. The barge has been used by the company over the last few weeks for training for commercial helicopter tours the company plans to conduct over Fort Myers Beach from the barge.<\/p>\n
The plans have set off widespread concern among town residents, local environmentalists and boat charter captains, in an area that is frequented by dolphins, manatees, birds and heavy boat traffic.<\/p>\n
According to the U.S. Army Corps of Engineers, the barge that the company has anchored in San Carlos Bay is currently under review for a permit. The U.S. Army Corps of Engineers said they have contacted Fly Heli Tours about the barge and their plans to run tours from the barge.<\/p>\n
\u201cThis activity and project area is currently under the U.S. Army Corps of Engineers review. Structure and\/or work in tidal waters within 3 miles of the U.S. shoreline is considered jurisdictional waters of the United States,\u201d the U.S. Army Corps of Engineers said in a statement.<\/p>\n
\u201cSection 10 of the River and Harbors Act regulates structures and\/or work in tidal waters of the United States. This activity is currently under the U.S. Army Corps of Engineers review and may require consultations with other Federal and State Agencies,\u201d the U.S. Army Corps of Engineers said in a statement in response to questions from the Fort Myers Beach Observer.<\/p>\n
The barge is technically outside Town of Fort Myers Beach jurisdictional waters but is surrounded on one side by the town\u2019s mooring field and dozens of boats, including boats docked at the Pink Shell Beach Resort and Marina, Moss Marina and regular traffic from charter boats and sightseeing boats.<\/p>\n
Video taken recently of a Fly Heli Tours helicopter taking off from the barge captured the helicopter flying at low altitudes as it circled around the bay and near waterfront homes and hotels.<\/p>\n
Environmentalists are just as worried about the noise and safety impacts from the helicopters as they are about the impacts to the local marine life and threatened shorebird populations nearby. Matanzas Pass Island, a state-designated critical wildlife areas home to threatened shorebirds, is in close proximity to the barge, and not far away is Bunche Beach Preserve.<\/p>\n
Capt. Lauren Swaim sees the helicopter tours and barge location as a safety issue and an accident waiting to happen.<\/p>\n
Swaim, who operates SWFL Party Pontoon, is worried the helicopter noise will drive away the dolphins, birds and manatees that serve as the attractions on her boat. <\/p>\n
On a recent boat tour through the bay, about the only noise to be heard was the chirping of the birds and the waves from nearby boats traveling at low speeds to observe the no wake signs in the manatee zone.<\/p>\n
The eagle-eyed Swaim, who is a conscientious boat captain concerned about how many times boats commanded by captains not paying close enough attention strike manatees, can spot a manatee 30 feet away hovering just underneath the surface of the water. Wearing polarized sunglasses, Swaim can make out the manatee before it even sneaks its snout out of the water to grab a couple seconds of air by the way the water is moving. <\/p>\n
\u201cThe manatees get hit a lot,\u201d Swaim said. \u201cIt\u2019s hard for boards to see them.\u201d <\/p>\n
But Swaim is worried the manatees and dolphins will take off altogether and stop showing up int he bay as the vibrations from the propellers of the helicopter drive them away for more quieter and peaceful pastures.<\/p>\n
The seagrass beds in the shallow bay is what attracts the marine life, Swaim said. <\/p>\n
That quiet tranquility on the bay could all be gone soon if regular helicopter activity were to begin on the bay.<\/p>\n
\u201cNobody wants to listen to it, or hear that when they go to the beach,\u201d Swaim said.<\/p>\n
Swaim is a former observer for the National Atmospheric and Oceanic Administration (NOAA) which enforces the Marine Mammal Protection Act. Their guidelines for helicopters are to stay 1,000 feet away, she said.<\/p>\n
She is concerned that a shuttle boat that Fly Heli Tours owner Steve Overy said will pick up customers from Moss Marina and transport them to the barge to board a helicopter could cause safety issues. Even on a short trip around the bay, boats sometimes veer close to one another. The scenarios involving passengers getting on or off a helicopter in the middle of a busy bay with boats passing by could potentially become an issue, along with potential close calls as a helicopter lands or takes off near by.<\/p>\n
For Cindy Johnson, a local environmentalist who was honored with the Town of Fort Myers Beach Mulholland Award for her efforts to educate the public about the environment, the helicopter activity actually evokes memories and concerns unrelated to environmental impacts.<\/p>\n
For Johnson, the helicopter activity she recently encountered while on a boat with her family who was visiting for the holidays, reminds her of the helicopters that hovered above Fort Myers Beach in the early days after Hurricane Ian searching for survivors.<\/p>\n
Johnson said her family \u201ccommented about the intrusive nature of these helicopters to the privacy and tranquility of our island experience. The sound of helicopters bring back post-Ian memories for me.\u201d<\/p>\n
Cindy\u2019s husband Steve, who formerly chaired the Fort Myers Beach Marine and Environmental Resources Task Force, shared concerns along with Cindy for the shallowness of the barge. Sea turtles and dolphins could potential get stuck in the shallow barge during low tide, the Johnsons said.<\/p>\n
Mr. Johnson said the helicopters will also be a nuisance to boats docked at the town\u2019s mooring field, which is subsidized by town taxpayers. He said the town needs better protections against the intrusion from the helicopter company.<\/p>\n
\u201cThe helicopter barge is right by the mooring field,\u201d Mr. Johnson said. \u201cWho is going to want to stay there when you have helicopters going by all day?\u201d<\/p>\n
On the website of Fly Heli Tours, helicopter tours are being advertised throughout the day beginning Thursday from very five minutes to every 15 minutes, though the site has been updated many times over the past month and it is not clear if operations will actually begin this week or not.<\/p>\n
It would seem that certain times might be available now but won\u2019t be once flights are booked.<\/p>\n
Stefan Kuenzel, who operates Kayak Excursions on Fort Myers Beach, which includes several charter boat operations, is particularly concerned about the impact the helicopters will have on the local bird population.<\/p>\n
\u201cMy main concern is the takeoff and landing in that area for various reasons including the disruption to the birds,\u201d Kuenzel said.<\/p>\n
Kuenzel said he is worried about the impact to the birds on Matanzas Pass Island, the critical wildlife area that is home to a large population of birds. Any encroachment of less than 100 feet on the island is prohibited in order to protect the birds.<\/p>\n
\u201cBunche Beach, which is a county park and preserve, has rules against drones and kiteboarding because the kites threatens the nesting birds. It scares them. When they see that kite they think it is a predatory bird and they leave their nest,\u201d Kuenzel said. \u201cThese helicopters are flying over Bunche Beach Preserve.\u201d<\/p>\n
Kuenzel said the helicopters are \u201ckind of disrespectful to the residents\u201d who have homes along the waterfront and the bay.\u201d Many of those homeowners are still rebuilding their homes from the damage caused by Hurricane Ian.<\/p>\n
\u201cThe taking off and landing where they are in my opinion is the biggest concern,\u201d Kuenzel said. He is worried about birds in the air also being at risk by helicopters. <\/p>\n
Kuenzel said many of his customers on the tours go out to see the birds. \u201cIf we didn\u2019t have the wildlife here, there wouldn\u2019t be a whole lot of reasons for people to go on kayaks and tours. The wildlife is the biggest draw of all these activities,\u201d he said. \u201cIf they wanted to just go kayaking they could go anywhere.\u201d<\/p>\n
Kuenzel said his concern is that the manatees and dolphins over time will just find somewhere else to go.<\/p>\n
Town of Fort Myers Beach Mayor Dan Allers spoke with Fly Heli Tours owner Steve Overy on Sunday.<\/p>\n
\u201cI encouraged him to not only seek and obtain the necessary approvals from all relevant regulatory agencies, but also to meet directly with local residents and environmental groups to better understand their concerns,\u201d Allers said<\/p>\n
\u201cAs with any business operating within the Town of Fort Myers Beach, I am supportive, provided they comply with all applicable requirements and regulations set forth by the town and its partner agencies,\u201d Allers said.<\/p>\n
\u201cWe did not get into the specifics of how Mr. Overy runs his daily operations, as he has been communicating directly with our town staff on those details,\u201d Allers said,<\/p>\n
Agency concerns<\/p>\n
Officials with the Florida Fish and Wildlife Conservation Commission (FWC), which wields jurisdiction over any disturbances to nesting birds and nearby critical wildlife areas, stated last month that they would be meeting with the helicopter company\u2019s representatives along with the Federal Aviation Administration regarding the plans.<\/p>\n
An update has not yet been provided on the meeting and Overy did not respond to messages seeking comment.<\/p>\n
In their letter last month though, the FWC said any disturbances to nesting birds by the helicopter activity could result in penalties being issued against the company.<\/p>\n
\u201cRegarding nesting birds, the operation of either manned or unmanned aircraft should be done in a manner that avoids flying over or near known active nest sites,\u201d FWC spokesperson Lisa Thompson said. \u201cIt is recommended that personal aircrafts remain at least 300 feet from active shorebird, seabird, and wading bird nesting sites to reduce the likelihood of take (68A-27.003 F.A.C.). If nesting or roosting birds are responding to the presence of the aircraft, the distance should immediately be increased to help avoid further disturbance and potential take.\u201d<\/p>\n
The FWC noted that there are six critical wildlife areas in Estero Bay and Pine Island Sound that are protected from disturbances to nesting birds.<\/p>\n
\u201cSigns of disturbance include birds moving away from the aircraft, decreasing other natural behaviors to watch the aircraft, nodding their heads up and down to continuously size up the distance between themselves and the aircraft, wing flapping, standing or walking away from nests, flushing off of nests, or chasing or dive-bombing the aircraft,\u201d Thompson said. While critical wildlife areas are not specifically restricted fly zones, some restricted areas may overlap with critical wildlife areas and \u201cdisturbance to species occurring within a CWA is prohibited,\u201d Thompson said.<\/p>\n
Chip Turner, a spokesman for the Florida Department of Environmental Protection, referred questions to the FWC.<\/p>\n
Officials from NOAA and the FAA referred questions to each other.<\/p>\n
Messages left with the U.S. Fish and Wildlife Service were not immediately returned.<\/p>\n
Environmental groups concerned<\/p>\n
\u201cIt\u2019s well understood that birds and aircraft don\u2019t mix, and when they do it is bad for both,\u201d Florida Audubon President Julie Wraithmail said. \u201cFor this reason and many others, there are restrictions on where aircraft can go and how low they can fly \u2013 city, county, state and federal permits. I would imagine a proposal like this would face a lot of constraints to be successfully permitted \u2013 constraints that would likely establish no-fly zones for areas with potential imperiled species impacts. We\u2019ll be following it as it develops.\u201d<\/p>\n
Matt DePaolis, environmental policy director for the Sanibel-Captiva Conservation Foundation, said the group is looking into the plans and regulations involving the helicopter and the barge they are landing on.<\/p>\n
DePaolis cited the Migratory Bird Act as one of the regulatory laws the helicopter tour could be flying into.<\/p>\n
\u201cIf you are having low-flying aircraft or helicopters over these sensitive environmental areas, it could be very detrimental to the wildlife that utilizes those spaces whether it is a rookery that has a lot of birds there, whether it\u2019s even a beach that has a lot of migratory birds on it that causes them to flush or startle, that\u2019s a huge energy drain. Especially with migratory birds that can be very damaging,\u201d DePaolis.<\/p>\n
DePaolis said Southwest Floridians \u201cpride ourselves on our protection of these resources, the clean water, the environment, the ecosystem is really the reason we are down here.\u201d<\/p>\n
Asked if he had concerns about safety and noise concerns that have been expressed by residents and local boat charter captains, Allers said \u201cSafety and noise concerns are always a priority of mine, and the owner has committed to working with both town staff and residents to address any concerns that may arise.\u201d<\/p>\n