County Rejects Stop Beach Driving Efforts

County says claims that turtle nests are being damaged are false

Attorneys for Nassau County stated there have been no "verified" instances of vehicles collisions with sea turtle hatchlings at American Beach in response to homeowners' claims to the contrary.

Members of the Save Historic American Beach, Inc., claimed vehicles driving on the beach were damaging turtles and their nests in violation of the federal Endangered Species Act. Lawyers for the group issued a 60-day notice to Nassau County to stop vehicles from driving on American Beach and threated to file a lawsuit.

The county hired a Tallahassee law firm to respond to the homeowners' allegations.

In its notice to the county, Save Historic American Beach included a photo a dead sea turtle hatchling that had been "taken" by a vehicle on the shoreline.

"Nassau County is not aware of any verified vehicular collisions with live sea 

turtles in the unincorporated area of the County, including American Beach. The 

photograph of a purported 'run over' sea turtle hatchling included in the 60-Day 

Notice does not constitute admissible evidence of a 'take.' County attorneys wrote. "You have not provided any foundation for the photograph; the precise location depicted in the photograph is unknown; the date of the photograph is unknown; the photographer is unknown; it is unclear whether the photograph actually depicts a sea turtle hatchling, and even if it does, there is no evidence that the sea turtle was killed by a vehicular strike, as 

opposed to natural predation or some other natural cause."

Property owners submitted this photo of a dead hatchling to the county

County attorneys went on to state that "Nassau County has confirmed that the United States Fish and Wildlife Service has not received any reports of a sea turtle 'take' in Nassau County.

The county's response letter also states that if the American Beach homeowners were to pursue a lawsuit, the likelihood of proving their case were remote.

The county said it actively maintains the beaches and coordinates beach maintenance with the Amelia Island Sea Turtle Watch, as well as the Florida Fish and Wildlife Conservation Commission concerning the protection of sea turtles and their habitat.

The response letter went on to state that "Nassau County is also willing to consider any other reasonable proposals from Save Historic American Beach or from any other County residents that would provide additional protection for sea turtles and sea turtle habitat."

In closing, the county stated "Nassau County is not aware of any valide basis to stop beach driving on American Beach and the County does not intend to do so.

"Please be advised that Nassau County intends to vigorously defend the long-standing rights of its citizens to use the beaches in harmony with sea turtles."