ST. AUGUSTINE --
St. Johns County commissioners yesterday refused to limit beach
driving despite the possibility of getting sued for harming
endangered animals.
The commissioners voted 4-1 to submit a habitat conservation plan
to the U.S. Fish and Wildlife Service that does not limit the hours
or areas where beach driving is allowed after county staff told them
it's unlikely the agency will approve a plan that doesn't have those
restrictions.
The county needs the agency to approve its plan to get an
"incidental take permit." The permit would protect the county from
being sued for violating the federal Endangered Species Act if
endangered animals such as sea turtles and Anastasia Island beach
mice were accidentally harmed because of beach driving.
If the county doesn't have an incidental take permit, the federal
government could file an injunction to stop beach driving throughout
the county and also fine the county each time an endangered species
is harmed because of beach motorists.
"The county can defend itself with the restrictions already in
place if it's litigated against," Commissioner Marc Jacalone said.
"I am not intimidated by the U.S. Fish and Wildlife. Enough has
already been taken from the people we represent. It's happened bit
by bit and it's got to stop."
| The St. Johns County
Commission voted 4-1 to submit a habitat conservation plan
that does not limit beach driving. Voting for: James Bryant,
Marc Jacalone, Nicholas Meiszer and John Reardon. Voting
against: Mary Kohnke.
|
Jacalone's
comments were greeted with applause from the about 75 people who
came to yesterday's commission meeting. Almost all of the about 20
people who spoke said they are against limiting beach driving.
But county planning officials said they've spent more than a year
negotiating with Fish and Wildlife officials to develop a plan that
would limit beach driving as little as possible but still be
approved.
That recommended plan would have allowed beach driving in the
limited areas where it's permitted from 8 a.m. to 8 p.m. May 1 to
Oct. 31 and 24 hours a day the rest of the year. It is now allowed
from 5 a.m. to 10 p.m. May 15 to Oct. 15 and 24 hours a day the rest
of the year.
The recommended plan also would have stopped beach driving on
about a 4-mile stretch from Vilano Road north where it's now only
allowed with a permit and four-wheel drive vehicle.
Pete Benjamin, assistant field supervisor in the U.S. Fish and
Wildlife Service's Jacksonville office, said in a letter to the
county that closing the beach later than 8 p.m. wouldn't allow
enough time to remove vehicle ruts where sea turtles often get
stuck. The letter also saidng the beach earlier than 8 a.m.
wouldn't give nest surveyors enough time to identify and mark nests
before motorists drive over crawl marks.
Commissioner Mary Kohnke said it's obvious the agency isn't going
to budge on the times and areas where beach driving is allowed.
"I for one am not about to take a position that puts the county
in jeopardy of having all its beaches closed," Kohnke said.
The habitat conservation plan the commission approved also calls
for improved sea turtle monitoring, better enforcement of the county
beach lighting ordinance and more clearly defining the driving lanes
on the beach in the Porpoise Point area.
Staff writer Shawna Sundin can be reached at
or via e-mail at ssundin
jacksonville.com.
