If carried out as currently planned, Florida’s new plan to build golf courses and pickleball courts in state parks could have devastating effects on native species, which some experts say I raised cases.
The Florida Department of Environmental Protection’s major outdoor plan, which has been met with criticism and controversy since it was announced Monday, is bringing major changes to nine parks in the name of expanding outdoor activities. , according to the DEP. Late Friday the agency said it would reschedule public meetings “due to the overwhelming public interest.”
Three parks that may be affected South Florida state Park – Dr. Von D. Mizell-Eula Johnson State Park in Dania Beach, Jonathan Dickinson State Park in Hobe Sound and Oleta River State Park in North Miami Beach – are home to a variety of flora and fauna. , some of which the Federal and state governments consider threatened.
Jonathan Dickinson State Park is made up of rolling scrub habitat – some of the last in Southeast Florida – and is in special danger. The park is also home to the threatened Florida scrub-jay and gopher tortoises. The DEP hopes to turn 1,000 acres of its wildlife area into three golf courses.
The Florida scrub-jay, which is listed as threatened on the Endangered Species list (and Florida’s only bird), and the turtle, which the state also lists as threatened.
An endangered species is “likely to become endangered in the foreseeable future throughout its entire range or a substantial portion of its range,” according to the Endangered Species Act. Once a plant or animal is considered endangered, then it is in danger of extinction.
Major government projects for Jonathan Dickinson and other parks raise questions about the impact of development on endangered species.
Legal options
“There are a lot of legal options on the table here,” said Jason Totoiu, an attorney at the Center for Biological Diversity. “From an environmental and wildlife perspective, this affects the Endangered Species Act in many areas. … These projects threaten other endangered species, of course, on an unprecedented scale.”
Carlton Ward Jr./With respect
The East Loop Trail in Jonathan Dickinson State Park is a 9.8-mile trail that offers an opportunity to see endangered scrub jays and endangered turtles. (Courtesy/Carlton Ward)
Totoiu said that the Endangered Species Act includes provisions for endangered species. He explained that under the law, a permit is required to change the conditions of endangered animals, especially in a way that may kill, injure or harass them.
In Jonathan Dickinson’s case, the DEP plan would require about 1,000 acres of residential land to be converted into three golf courses. That would result in the capture of threatened scrub-jays by the state, meaning the US Fish and Wildlife Service would have to issue a permit, Totoiu explained. But Totoiu said getting a permit could be a daunting task.
“I think that’s going to be a big challenge because this is the largest population of scrub jays in the protected areas in southeast Florida,” he said.
Murky ‘process pieces’
When considering whether or not to grant a permit, the US Fish and Wildlife Service considers how a proposed change might affect the survival and recovery of a species, including whether a plant or animal would have the potential to removed from the endangered or threatened species list, Totoiu said.
If, down the line, permits were issued, that could be reviewed in federal court, Totoiu said.
“You are likely to see lawsuits if approval is given for this. There is so much opposition from environmental organizations and the general public across the country,” he said, adding: ” Environmental organizations can challenge licensing issues.”
The Environmental Defense Fund, which has taken legal action to create strong environmental protections, may be a non-profit organization that can be sued. But Florida Governor Dawn Shirreffs said several steps must be taken before potential lawsuits enter the picture.
He said the first step is to use feasibility studies to understand not only the potential impact on endangered and threatened species, but also if the project could increase the risk of storm surge, rising water levels. the sea and the hurricanes.
Shirreffs also noted that, if the Great Outdoors were to be implemented, it would require funding, thus initiating a legislative budget allocation.
“There are many aspects of the process that are still unclear,” he said. “But of course if it’s shown that there are impacts on threatened and endangered species, water quality, flood risk, all of those things, there’s a chance that there’s a risk that it’s going to be dealt with.” and people who are interested in the cases, but it’s too early for us to go down that path.”
Moving and moving
The Great Outdoors project could also affect endangered gopher tortoises, which have homes in parks across Florida, including Jonathan Dickinson State Park.
Leigh Ann Anderson, a federally certified wetlands biologist who works with turtles, said relocating just one of these burrowing reptiles costs at least $6,000 because the relocation sites are limited, which is one of his concerns about the project.
“The problem is we’re developing all these areas in Florida, and all the gopher tortoises are being sent to certain areas. So it’s really going to reduce the biodiversity in the park,” he said.
Migrations of gopher tortoises often form chain migrations. More than 300 species, such as Eastern Indigo snakes, use burrows made by turtles, and are affected if the turtle is captured, Anderson said.
“People go to state parks to enjoy wildlife, not football or golf, that’s not where it should be,” he said.
Patrick Connolly/Orlando Sentinel
A gopher tortoise pokes its head out of a hole. These reptiles are just one of many species that could be affected by the Great Outdoors project.
Is home security possible?
The local outcry over the project has been strong. But can a county or municipal government provide legal protection to a species or area in Florida?
According to The Clean Waterways Act signed by Gov. Ron DeSantis in 2020, the answer is no: “The bill prohibits local governments from granting legal rights to any plant, animal, body of water, or other part of the environment unless specifically granted a special one. authorized by the law of the land or the Constitution of the State.”
Florida International University College of Law Associate Professor Alex Erwin, who teaches environmental law classes, said that in countries like New Zealand, certain waterways and mountains have legal personality.
In the U.S., the Endangered Species Act has been used as an “anti-development tool” in the past, Erwin said, but whether the Great Outdoors project violates it remains to be seen. will be seen.
The DEP announced Friday afternoon via X, formerly known as Twitter, that public meetings for each of the nine affected parks will no longer be held on Aug. 27 but instead during the week of Sept. 2 and official dates “to be announced soon.”
The change came “out of overwhelming public interest,” the DEP wrote in its post.
The agency also maintains a web page where people can comment on the Great Outdoors project.
Originally published:
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