A group of homeowners at American Beach have issued a 60-day notice to Nassau County that a current ordinance that allows driving on the beach is in violation of the Federal Endangered Species Act and is threatening legal action.
"Member have been, are being, and will continue to be adversely affected by the take of the ESA (Endangered Species Act)-protected turtles on American Beach as a result of the County's beach driving policies," stated the notice issued by attorneys for Save Historic American Beach, a non-profit formed by property owners.
The notice is dated Feb. 6 and send to Nassau County Manager Taco Pope and County Attorney Denise May.
The notice declares the county is in violation of the ESA which prohibits "the take" of protected sea turtle nests. Under the ESA, "take" includes actions such as:
Harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting sea turtles or their eggs.
Destroying or disturbing their nests or habitat.
The notice to the county specifies "the ESA's take prohibition also applies to the acts of a third party that bring about the acts exacting a taking. It cites that a person suing under the citizen-suit provisions (of ESA) can bring a lawsuit in the judicial district in which the violation occurs.
The notice claims "the County's failure to develop an adequate conservation plan (to minimize harm to sea turtles caused by beach driving at American Beach) has resulted in the 'take' of at least one ESA-protected sea turtle on American Beach and is also reasonably likely to result in the 'take' of ESA-protected sea turtles in the future."
Save Historic American Beach said it would file a motion seeking an injunction in Nassau County Court seeking to enjoin Nassau County from permitting vehicular traffic on the beach at American Beach. That motion has yet to be filed according to court records.
"Since Nassau County regulates whether vehicles have access to its beaches, Nassau County has the legal responsibility for ensuring that those vehicles have access to its beaches, Nassau County has the legal responsibility for ensuring that those vehicles do not 'take' federally protected species."
“We see the damage vehicles cause to the dunes that protect our historic community. Those same dunes provide habitat for threatened and endangered sea turtles,” Mark Dawkins, a founding member of Save American Beach, told the The Florida Star.
Making the problem worse was the county moving the driving area closer to the dunes following Tropical Storm Nicole in 2022. “Vehicles now drive and park directly where sea turtles once hatched,” he said.
Social media influencer Mac Morriss believes Save Historic American Beach group's intentions run deeper than concerns over sea turtles.
"Is this group going to ban our tourists from American Beach too?" Morris wrote on a Facebook post. "Residents from the beach to Bryceville were being crowded out of our own beaches by tourists. On beach parking for Nassau County residents and property owners provides that much needed beach parking availability to the only ocean beaches in Nassau County."
I agree with Mac Morris‘s assessment meaning this runs a little deeper, there are sea turtles on seaside beach, and on the south end of the island both areas you can drive onetc. but American beach now has a problem, not likely