Latest news with #FDEP
Yahoo
18-05-2025
- General
- Yahoo
Activist gather for ‘Empty the Tanks' protest at Gulf World Marine Park
BAY COUNTY, Fla. (WMBB) – It's been nearly two months since we first told you about the backlash Gulf World Marine Park is facing due to growing concerns over their treatment of the animals. On Saturday, a second protest was held in partnership with Empty the Tanks. Empty the Tanks is a worldwide nonprofit dedicated to the protection of marine animals in captivity. Members of the organization held protests across the globe last Saturday, but Panama City Beach's event was rescheduled for today due to weather. FDEP conducts search warrant on Gulf World Marine Park and Marine Institute In the past year, Gulf World has had four dolphins die and has removed all their sea lions and seals from the property. They are under investigation by several state agencies, including Florida Fish and Wildlife and the Florida Department of Environmental Protection but those investigations remain active. A local animal activist says it's important to keep the movement alive for the sake of the animals still in their custody. We have reached out to the dolphin company and Gulf World, but have not received a response. The company is still undergoing bankruptcy hearings. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
14-04-2025
- General
- Yahoo
Orlando judge backs more protections for Florida manatees
Pointing to ongoing threats to manatees, a U.S. district judge Friday said the state has violated the federal Endangered Species Act in its regulation of wastewater discharges into the Indian River Lagoon. Orlando-based Judge Carlos Mendoza issued a 21-page decision that sided with the environmental group Bear Warriors United, which argued discharges into the waterway along the East Coast led to the demise of seagrass and, as a result, deaths and other harm to manatees. Mendoza said the Florida Department of Environmental Protection needs to seek what is known as an 'incidental take permit' from federal wildlife officials to help minimize effects of discharges on manatees. The judge wrote that under the Department of Environmental Protection's regulations, it would take at least a decade for conditions in the northern part of the Indian River Lagoon to start to recover. That area is primarily in Brevard County. 'This is due to the previously and currently permitted discharge of legacy pollutants via wastewater into the north IRL (Indian River Lagoon),' Mendoza wrote. 'These legacy pollutants caused the death of seagrasses — the manatee's natural forage — and the proliferation of harmful macroalgae. Legacy pollutants, as their name suggests, persist in the environment and cause harmful effects long after they have entered the system.' Mendoza added, 'What all this means is that FDEP (the Department of Environmental Protection) would have to reduce nutrients entering the IRL to a low enough level and for a long enough time for nutrients to cycle out of the system to allow seagrasses to return at significant levels. Conversely, if FDEP does not reduce nutrient levels, there will continue (to) be harmful algal blooms and, in turn, no seagrass recovery and more manatee takings.' Bear Warriors United filed the lawsuit in 2022, contending that the department had not adequately regulated sewage-treatment plants and septic systems. Florida had a record 1,100 manatee deaths in 2021, with the largest number, 358, in Brevard County. Many deaths were linked to starvation. The state had 800 manatee deaths in 2022, before the number dropped to 555 in 2023 and 565 in 2024, according to Florida Fish and Wildlife Conservation Commission data. As of April 4, 282 manatees deaths had been reported this year, including 55 in Brevard County. Manatees are classified by the federal government as a threatened species. The state's attorneys have argued during the lawsuit that Florida has taken steps in recent years to try to reduce discharges into the lagoon and disputed that it has violated the Endangered Species Act. As an example, a state motion for summary judgment last year said the department's 'actions are not the proximate cause of any harm' to manatees. 'The record shows that DEP has not authorized or entitled any party to cause a violation of water quality standards,' the state's attorneys wrote. 'It has, instead, worked diligently to restore an impaired water. There is no proximate cause. DEP is entitled to judgment as a matter of law because with no dispute of material fact, it has not violated the ESA (the Endangered Species Act).' Under federal law, the U.S. Fish and Wildlife Service can approve incidental take permits to allow activities, such as wastewater discharges, that are not designed to 'take' animals covered under the Endangered Species Act. But as part of that process, what is known as a habitat conservation plan must be developed to minimize effects on species. Mendoza described the lawsuit as a 'quintessential case in which an ITP (incidental take permit) should be required.' 'As defendant's (the state's) witnesses testified, FDEP is taking important, necessary steps to remediate the polluted waters of the IRL,' Mendoza wrote. 'But that is not enough. The north IRL is in such a deteriorated state that the required remediation will take many years, as the state itself has acknowledged. And during that remediation, wastewater discharged pursuant to FDEP's regulations will continue to indirectly take manatees in the north IRL. ‚,, There is a definitive causal link between FDEP's wastewater regulations and an ongoing risk of manatee takings. While FDEP's efforts continue, added protection for the manatees is needed. FDEP must obtain an ITP.' Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
CBS News
14-04-2025
- General
- CBS News
Florida judge backs more protections for manatees
The State of Florida violated the federal Endangered Species Act in its regulation of wastewater discharges into the Indian River Lagoon, a judge said on Friday, pointing to ongoing threats to manatees . Orlando-based Judge Carlos Mendoza issued a 21-page decision that sided with the environmental group Bear Warriors United, which argued that discharges into the waterway along the East Coast led to the demise of seagrass and, as a result, deaths and other harm to manatees. Mendoza said the Florida Department of Environmental Protection needs to seek what is known as an "incidental take permit" from federal wildlife officials to help minimize the effects of discharges on manatees. The judge wrote that under the Department of Environmental Protection's regulations, it would take at least a decade for conditions in the northern part of the Indian River Lagoon to start to recover. That area is primarily in Brevard County. "This is due to the previously and currently permitted discharge of legacy pollutants via wastewater into the north IRL (Indian River Lagoon)," Mendoza wrote. "These legacy pollutants caused the death of seagrasses — the manatee's natural forage — and the proliferation of harmful macroalgae. Legacy pollutants, as their name suggests, persist in the environment and cause harmful effects long after they have entered the system." Mendoza added, "What all this means is that FDEP (the Department of Environmental Protection) would have to reduce nutrients entering the IRL to a low enough level and for a long enough time for nutrients to cycle out of the system to allow seagrasses to return at significant levels. Conversely, if FDEP does not reduce nutrient levels, there will continue (to) be harmful algal blooms and, in turn, no seagrass recovery and more manatee takings." Bear Warriors United filed the lawsuit in 2022, contending that the department had not adequately regulated sewage treatment plants and septic systems. Florida had a record 1,100 manatee deaths in 2021, with the largest number, 358, in Brevard County. Many deaths were linked to starvation. The state had 800 manatee deaths in 2022 before the number dropped to 555 in 2023 and 565 in 2024, according to Florida Fish and Wildlife Conservation Commission data. As of April 4, 282 manatee deaths had been reported this year, including 55 in Brevard County. Manatees are classified by the federal government as a threatened species. The state's attorneys have argued during the lawsuit that Florida has taken steps in recent years to try to reduce discharges into the lagoon and disputed that it has violated the Endangered Species Act. As an example, a state motion for summary judgment last year said the department's "actions are not the proximate cause of any harm" to manatees. "The record shows that DEP has not authorized or entitled any party to cause a violation of water quality standards," the state's attorneys wrote. "It has, instead, worked diligently to restore an impaired water. There is no proximate cause. DEP is entitled to judgment as a matter of law because with no dispute of material fact, it has not violated the ESA (the Endangered Species Act)." Under federal law, the U.S. Fish and Wildlife Service can approve incidental take permits to allow activities , such as wastewater discharges, that are not designed to "take" animals covered under the Endangered Species Act. But as part of that process, what is known as a habitat conservation plan must be developed to minimize effects on species. Mendoza described the lawsuit as a "quintessential case in which an ITP (incidental take permit) should be required." "As defendant's (the state's) witnesses testified, FDEP is taking important, necessary steps to remediate the polluted waters of the IRL," Mendoza wrote. "But that is not enough. The north IRL is in such a deteriorated state that the required remediation will take many years, as the state itself has acknowledged. And during that remediation, wastewater discharged pursuant to FDEP's regulations will continue to indirectly take manatees in the north IRL. There is a definitive causal link between FDEP's wastewater regulations and an ongoing risk of manatee takings. While FDEP's efforts continue, added protection for the manatees is needed. FDEP must obtain an ITP."
Yahoo
13-04-2025
- Yahoo
Judge rules Florida agency violated Endangered Species Act, resulting in mass manatee deaths
In a decision Friday, a federal judge ruled that the Florida Department of Environmental Protection (FDEP) violated the Endangered Species Act, resulting in the starvation deaths of threatened manatees. The advocacy group Bear Warriors United said this ruling sets a new national precedent: 'No state agency is above the Endangered Species Act, even when it comes to regulating itself. The decision signals a turning point for environmental enforcement in Florida and across the country.' The lawsuit was filed by Bear Warriors United in 2022, after a record-breaking number of manatee deaths were reported in Brevard County. The group attributed the increased death rate to the department's wastewater discharge regulations, which allowed pollution of the North Indian River Lagoon and killed seagrasses used as a food source for manatees. 'It is no wonder then that in recent years, the lack of seagrass and abundance of macroalgae in North IRL affected manatee breeding and reproduction, with almost no live calves begin found from 2020 to 2022,' the decision stated. The order recognized that there was an increase in manatee calves in 2023 and 2024, there was also an increase in their deaths. The highest concentration calf deaths were reported in Brevard County. Therefore, Judge Carlos E. Mendoza ruled that there is still an ongoing risk of manatee death and injury within the North IRL. Related: 565 manatees were reported dead in Florida last year: See local numbers Plaintiffs and environmental scientists argued that, even if the overload of nutrients from wastewater ended, it would take at least a decade for seagrasses to recover. FDEP attempted to refute the ongoing risk to manatees, citing the official end of the manatees' Unusual Mortality Event caused by starvation in March. However, the judge wrote, 'The existence of a UME proximately caused by a defendant is likely sufficient to establish a taking under the ESA. However, absence thereof is insufficient to show that no taking is occurring.' The ESA defines 'take' or 'taking' to include actions that 'harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.' The judge has now ordered FDEP to obtain an 'incidental take permit' (ITP). An ITP requires an applicant to create a Habitat Conservation Plan to mitigate damage to endangered or threatened species caused incidentally by otherwise lawful activities. [DOWNLOAD: Free Action News Jax app for alerts as news breaks] Below is an excerpt from the ruling: 'As Defendant's witnesses testified, FDEP is taking important, necessary steps to remediate the polluted waters of the IRL. But that is not enough. The North IRL is in such a deteriorated state that the required remediation will take many years, as the state itself has acknowledged. And during that remediation, wastewater discharged pursuant to FDEP's regulations will continue to indirectly take manatees in the North IRL.' 'Florida's manatees can't speak for themselves—but Bear Warriors United just roared on their behalf,' said Katrina Shadix, Executive Director of Bear Warriors United. 'This case is about stewardship of all that is cherished in the IRL; healthy water, healthy seagrass, healthy manatees and healthy people. It is only when the diverse agencies and peoples responsible for all these components collaborate that this health will be ensured. This case is a massive step forward to realizing that goal.' Read: [SIGN UP: Action News Jax Daily Headlines Newsletter] Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
Yahoo
11-04-2025
- General
- Yahoo
Floridatown chosen for Santa Rosa County's first living shoreline project
If historical scuttlebutt is to be believed, Floridatown − founded way back in 1823 − lost its status as Santa Rosa County seat to Milton in 1842 and its post office − established in 1883 − to the unincorporated community of Pace in 1909. One thing it can never lose, though, is its soon to be designation as the first Santa Rosa community to serve as home to an honest to goodness living shoreline. On Monday, Santa Rosa County concluded a five-year effort to secure all permitting required to allow it to construct a living shoreline off of Floridatown Park, a pleasant little enclave that overlooks the waters of Escambia Bay. The last act of the permitting process was having the Florida Department of Environmental Protection approve a boundary line agreement that, according to Deputy County Administrator Jared Lowe, "depicts the limitations" of the project. "Because the project extends into the surface water, and the county doesn't own the land beneath the water but the state does, the agreement is required," he said. The long road toward gaining final approval to construct the living shoreline began in 2020 when FDEP notified county officials that it would receive an initial grant of $125,000 from its Resilient Florida program to design, engineer and permit the Floridatown Park Living Shoreline Project. "Congratulations on receiving the FRCP grant funds. We look forward to working with youto protect and enhance the state's coastal resources," said a letter announcing the award, sent from Alex Reed, director of DEP's Office of Resilience and Coastal Protection. County officials held a public workshop in November of 2020 to present area residents with three options for the living shoreline project, and they chose to work toward completing the option participants found most suitable. In 2022 the county received another grant, this one for $800,057, to fund construction of the living shoreline. Money came from the same DEP grant program. The purpose of the living shoreline is to create a seawall of sorts that protects the park and surrounding land from erosion. Ken Johnson, a Milton resident who frequents the Floridatown facility, said the shoreline at the park had "probably eroded a good 10 feet in the last decade or so." Project engineers have decided to go with limestone rip rap rather than oyster shells to construct the living shoreline. Oyster shells have at times failed as living shoreline base materials and, according to county spokeswoman Brittany Ellers, "would not be feasible for this due to the size of the project." "The hope is that the limestone breakwaters would over time recruit oyster growth," Ellers said in an email. The park now features a small boat ramp and a badly eroded beach area. The waters of the bay off the park tend to be very shallow, no higher than four-feet at high tide, according to Johnson. At low tide Wednesday the bay was no deeper than eight inches in the area immediately off the boat ramp. One visitor to the park didn't hesitate to drive his truck out nearly to the end of the short dock. More: Living shoreline in Navy Point appears to be crumbling. Should county repair or remove it? The proposed living shoreline project includes planting upland of the beach area and renourishing the sand at that spot. Two vegetated limestone rip rap walls will be constructed at the eastern end of the park extending out into the water. A gap will be left between the walls where soil fill and marsh plants can be grown in an area protected from the full impact of the tides. Three limestone rip rap breakwaters will be built in the water off the beach to extend east from approximately the end of the boat ramp. Project contractors also plan to put soil fill around a mass of exposed cypress tree roots that have been left exposed by erosion over the years. Construction of the project should begin this summer and be completed by early 2026, according to Ellers. There is evidence of manmade barriers utilized at the park in the past to protect the vulnerable shoreline. Johnson pointed to a line of well-worn, half buried bricks on the beach close to where homes stand inside the neighboring Andrew Jackson Estates subdivision. He said there was a time during the community's long history, which included serving as a ferry launch carrying people from Santa Rosa County to Pensacola, that bricks had been the stone of choice for building seawalls. Johnson, who said he had served for years as the chairman of Santa Rosa County's Marine Advisory Board, said he's somewhat leery of the idea of building a living shoreline at Floridatown Park. He said anytime mankind decides to change the environment and the flow of water it tends to backfire. On the flip side, though, he said, if the living shoreline holds water in toward the park it might invite more fish to come closer to shore and give boaters a little more depth in which to launch their vessels. "I don't think a lot of people know about this ramp, even though historically it holds a lot of importance," he said. "Some people use it because not everyone knows it's here." This article originally appeared on Pensacola News Journal: Floridatown Park getting living shoreline in Santa Rosa
