Helicopter tour company looking to do business on Fort Myers Beach as it starts training flights
Local environmental groups alarmed about potential impacts to dolphins, birds and noise
The buzzing of helicopters over Fort Myers Beach in what is being described as training flights for potential helicopter tours over the island has set off alarms among local environmental groups concerned about the impact to dolphins, manatees and shorebirds, as well as to residents and visitors.
The buzz about the helicopter tours began recently as the helicopters have been seen taking off and landing on a barge on the bay not far from the marina belonging to the Pink Shell Beach Resort and Marina. The resort has nothing to do with the helicopter tour’s barge. Over the weekend, the helicopters were seen landing on the barge in the bay with markers indicating it belongs to Fly Heli Tours and Charters.
The company has acknowledged it is conducting training flights in the area, with landings and takeoffs from a barge in the bay. The company is looking into conducting commercial flights over Fort Myers Beach. Environmental groups say the takeoffs and landings on barge in the bay would be devastating to dolphins and birds.
Monica Lynn, founder of Pod Protectors of Fort Myers Beach, said she believes the buzzing from the helicopters close to the water, could be extremely harmful to the local dolphin population. Lynn’s nonprofit works with boating tour companies and boat charters on how to engage in safe boating that protects dolphins in the area.
“The repeated test flights are what’s disturbing all of us. When they take off, they are sitting there buzzing for some time disturbing all of the wildlife, the birds and the dolphins,” Lynn said.
Lynn is particularly concerned about the noise from the helicopters impacting younger dolphins. If the helicopter activity continues, it could drive dolphins away from the area, she said.
“I think they are eventually going to relocate. If this takes off and they are doing this on a regular basis, they are going to relocate and this is going to negatively impact the residents who love them and negatively impact the dolphins. This has been a very safe area for them,” Lynn said. “It’s been a safe, quiet area for them and they are going to lose that. It’s going to impact the kayak tours.”
Lynn said the helicopters will also impact the local threatened manatee population, who are protected under the Endangered Species Act and other federal regulations like dolphins are.
The company’s owner Steve Overy has been meeting with Town of Fort Beach Manager Will McKannay and staff after residents began contacting the town in regards to the helicopters. Fort Myers Beach Councilmember Rebecca Link raised concerns about the helicopters after constituents contacted her, leading McKannay and staff to inquire about the tours.
When contacted on Monday by the Fort Myers Beach Observer regarding the helicopter activity, Overy acknowledged that he has a barge in the bay and that training flights are being conducted over Fort Myers Beach with landings and takeoffs from the barge. Overy said “we aren’t doing any commercial activity on the bay.” Overy said his company is landing helicopters on the barge as part of training activity.
Overy declined to answer further questions, saying that a statement was being put together.
On Tuesday, Overy issued a prepared statement that said the company is “preparing to bring aerial experiences to Fort Myers Beach soon. Our mission is to share the beauty of our planet from the air while minimizing our environmental impact.”
Overy said “We deeply appreciate the community’s commitment to environmental consciousness and awareness. To ensure we align with these values, we are currently consulting with local organizations and government agencies to ensure full compliance with all applicable local, state, and federal regulations. Our goal is to maintain transparency and work closely with the community before our operations begin.”
The sighting of Fly Heli aircraft in the area, as well as takeoffs and landings on a barge in the bay “are solely for training flights, which are a crucial part of our preparation process. These flights are essential for ensuring safety and readiness prior to launching any commercial operations,” Overy said.
“We look forward to positively contributing to the local economy and providing residents and visitors with a safe, legal, and unforgettable aerial experience,” Overy said.
A call to the company’s number that was posted on their website recently when the tours were being advertised for Fort Myers Beach, was answered by an operator who said that while the tours have not begun, they could start as soon as March.
Fly Heli Tours and Charter had been advertising tours over Fort Myers Beach and Sanibel on its website. The advertisements have been changing and shifting, with new ones popping up and other ones going away. For example, former advertisements for Sanibel that were initially posted just a couple weeks ago went away as well as one that included mention of Moss Marina.
The company had been advertising that flights would be departing from Moss Marina on Harbor Court in Fort Myers Beach. On Monday, Moss Marina General Manager Gary Foco said that was not the case and that the marina had been approached by a representative of the helicopter tour company to ask permission for customers to use their parking lot for parking before being taken on shuttles to the helicopter launching pad on a barge. Foco said the marina would welcome those using the parking lot to go on the tours from a shuttle off their docks just as any other person parking at the marina and then going on a boat at the daily parking rate of $10 for the day.
Lynn said tourists come from all over the world to watch dolphins and manatees on Fort Myers Beach. “I have personally met people from all over the world who specifically come here to kayak in San Carlos Bay for the wildlife,” Lynn said. “I think it will affect our area economically by the way of fishing charters.” Lynn contends the helicopters will negatively impact ecotourism in the area.
Fort Myers Beach Chamber of Commerce President Jacki Liszak said the chamber has not been approached by the operators of the company.
According to Eberhart, the town has not yet received any permit requests from the company. “There are no new applications, approvals, agreements, or actions taken by the Town related to a helicopter tour company seeking to do business on Fort Myers Beach,” Eberhart said.
There are a number of ways the town could get involved in the company’s helicopter tour business.
For example, the town has a noise ordinance and any noise complaint could trigger a study by the town to investigate its impact on residents and visitors.
Town noise ordinance
The town has sent mixed messages about how it would enforce its noise ordinance if complaints were made by town residents under the town’s noise ordinance.
In response to questions from the Fort Myers Beach Observer regarding the town’s existing noise ordinance, Eberhart said complaints lodged against the helicopter company under the town’s noise ordinance would begin a process that “includes an investigation into the decibel level of the noise, the timing of the activity, and whether it exceeds the limits set in the ordinance. If warranted, a notice of violation may be issued.”
Regarding ongoing training flights, Eberhart said “I can state with certainty that, based on observations and information reviewed by code enforcement, there has been no violation of the town’s noise ordinance. Based on prior noise enforcement standards, the decibel levels observed are not at a level that would constitute a violation under the ordinance. If a resident were to formally file a complaint, the Town would initiate a standard investigation, including measuring decibel levels and reviewing the timing of the activity, and then make a determination based on the ordinance. At this time, however, there is no evidence of a noise ordinance violation.”
Eberhart stated a caveat, however, by saying she believes “the helicopter company has been operating within the appropriate distance and altitude requirements. If an individual is asserting that a helicopter is flying below FAA-mandated altitude requirements, that allegation falls exclusively under Federal Aviation Administration jurisdiction, and any complaint should be directed to the FAA.”
Those wishing to file a complaint against the helicopter for violating the town’s noise ordinance could file the complaint by emailing the town’s Code Enforcement Manager, Thomas Yozzo, at tyozzo@fmbgov.com.
However, Eberhart again qualified whether any investigation would actually be conducted if the barge isn’t actually in the town’s jurisdiction.
“If there is a claim that a barge has been moved into Town jurisdictional waters, that would fall under the Town’s authority. As of this morning, the barge is not within Town jurisdiction.” Eberhart said if that changes then residents could contact Yozzo to issue a complaint, raising the question if the town would actually look into noise complaints if the town didn’t believe the barge was in town waters.
Eberhart said that “if individuals are seeking a regulatory remedy related to aircraft operations, the most appropriate course would likely be to file complaints with the Federal Aviation Administration. Issues such as flight altitude and aircraft operations fall under federal jurisdiction, and any determination regarding compliance with minimum flight levels would be handled by federal authorities, not the Town.”
Regarding the helicopter flying close to the water during takeoffs and landings in ways that environmental groups are concerned about, Eberhart said “If a helicopter were operating below 1,000 feet over residential structures without authorization, that would be a serious allegation requiring immediate notification of both the FAA and law enforcement. The Town does not have jurisdiction over airspace or aircraft operations. That said, helicopter flight paths are generally public information. Many helicopters broadcast ADS-B or Mode S signals, which allow their position and movement to be tracked in real time on publicly available flight-tracking platforms. These tools can be used to verify altitude, movement, and whether a helicopter hovered or lingered over specific areas.”
Town permits that could be required potentially from the helicopter company and town, Eberhart said, would depend on whether the helicopter tour company were to propose operations physically based on Fort Myers Beach.
“The Town’s involvement would be limited to site-specific and land-use related approvals. Depending on the nature of the proposal,” Eberhart said.
Potential town permits could include a special event permit, a temporary use permit, and further zoning and land use approvals if the proposed activity is not permitted by right under the property’s zoning designation and would involve a conditional use, special exception, or variance.
“Aviation-related uses are not permitted by default under Town zoning,” Eberhart said. If any town rights-of-way are used for the helicopter’s shuttle operations, landing zones, signage or staging, a right-of-way use permit would need to be applied for by the company.
If the barge or floating platform were staged from Town-controlled access points or submerged lands, an additional permit would be required.
“The Town does not regulate airspace, does not issue aviation permits, and does not approve helicopter flight operations or overflights. Those matters fall under federal jurisdiction. Overflight alone would not require Town approval,” Eberhart said.
With respect to statements about operations “close to a barge,” helicopter takeoffs and landings from a barge are permitted so long as the barge is not located within Town jurisdictional waters.
Regarding statements about helicopters flying “close to a home,” it is important to be precise. If a helicopter were operating below 1,000 feet over residential structures without authorization, that would be a serious allegation requiring immediate notification of both the FAA and law enforcement. The Town does not have jurisdiction over airspace or aircraft operations.
That said, helicopter flight paths are generally public information. Many helicopters broadcast ADS-B or Mode S signals, which allow their position and movement to be tracked in real time on publicly available flight-tracking platforms. These tools can be used to verify altitude, movement, and whether a helicopter hovered or lingered over specific areas.
Position of Florida Fish and Wildlife Conservation Commission
Lisa Thompson, a spokesperson for the Florida Fish and Wildlife Conservation Commission, said staff was scheduled to meet with the company after receiving inquiries about their plans.
“General helicopter flights at a safe operational altitude are not likely to affect marine turtles or manatees,” Thompson said. “Regarding 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. It 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. 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. Signs 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. Personal aircraft operators can locate sensitive nesting, roosting, or brood-rearing shorebird sites by using ShoreMapper, checking the area for symbolic fencing, or speaking with the FWC regional shorebird contact. Further, there are six Critical Wildlife Areas (CWA) in Pine Island Sound and Estero Bay that support significant concentrations of wildlife. While CWAs are not specifically restricted fly zones per the Federal Avian Administration, some restricted areas may overlap with CWAs and disturbance to species occurring within a CWA is prohibited.”
Reports of suspected wildlife violations can be made to the Wildlife Alert Hotline at 888-404-FWCC (3922).
Rob Howell, who works as the naturalist at the Pink Shell Beach Resort and Marina, said the helicopter activity has already impacted kayak tours he does with guests and has frightened children by hovering close by. He is also worried about the impact the helicopters will have on the nesting birds as well as potentially being a lethal threat to birds in the air.
“These tours will be landing it will be on a barge barely a thousand feet away from a established rookery for birds so not only will that disturb their nesting and roosting patterns that could also hit birds as they’re taking off from that Island and it will definitely disturb the hatchlings and fledglings if they are even brought to that stage because I’m afraid the helicopter taking off so close will not allow the parents to sit on the nest properly,” Howell said.
“These tours are going to dramatically affect the marine mammals specifically the dolphins with their echolocation and rearing of their calves I think that it is going to hinder their hunting abilities and communication and also can dramatically hurt the ears of the animals with the helicopters flying so low. I think if they were taking off from a local airport or even far offshore it would be a completely different story but right within the bay where there are National Oceanic and Atmospheric Administration confirmed breeding grounds and nurseries,” Howell said. “It is going to be a very bad issue.”
Howell said “these helicopters are flying directly over my tours and have been dramatically hindering my ability to communicate with my guests and hear each other it also is definitely taking away from the experience with these low-flying helicopters coming right over our groups and our tours. It scares the children which are already uneasy in some cases because it is a new experience for them and the calmer the more happy the children are and the more accepting they are of the new experience but with these loud noises it is definitely making things not only for myself but other tour guides very uneasy and unhappy.”
Fort Myers Beach Mayor Dan Allers said he hasn’t met with the owner of the helicopter tour company yet.
“As with any proposed business activity, my primary concern is ensuring that all operations comply with applicable Town codes, regulations, and safety requirements. Any concerns related to helicopter tours on Fort Myers Beach would need to be evaluated through that lens, with input from the appropriate regulatory and safety agencies,” Allers said.
Lynn maintains that the small barge in the bay is not a safe area for a helicopter landing amid all of the boat and kayak activity, along with the marine life activity. Lynn said the areas where the helicopter landings would be, are protected areas.
“I don’t think a water landing is safe anywhere,” Lynn said.