Holed up: Possible threatened species living near Bayview Park cross could complicate case
A gopher tortoise burrow was found near the Bayview Cross that could complicate the Bayview Cross lawsuit.
JAKE NEWBY | [email protected]
12 hours ago
Should the city of Pensacola lose its appeal to save the Bayview Park cross from removal, there could be one last line of defense for the cross: A gopher tortoise. http://www.pnj.com/story/news/2017/...-removal-pending-pensacolas-appeal/449056001/
A burrow spotted at the base of the white, brick wall directly in front of the cross was confirmed by marine biologist and Bream Fishermen Association President Barbara Albrecht to be the home of the species, which has been listed as threatened in Florida since 2007.
"The apron opening looks like it's been there for a few years," Albrecht said.
Deborah Burr, a gopher tortoise coordinator with the Florida Fish and Wildlife Conservation Commission, said photos indicate to her that the hole "does appear" to be a gopher tortoise burrow.
More: Attorneys argue Bayview Park cross is 'easy' decision, needs to be removed
Is it a divine intervention? And what does this development mean for the fate of the cross?
The case is currently in the United States Court of Appeals after a federal district judge ruled that the cross violated the separation of church and state. The attorneys representing the people suing the city of Pensacola recently filed a brief stating that removing the cross is an "easy" decision. If the appeals court agrees, and the judge's original ruling is upheld, there may be another hoop to jump through before the cross can be taken down.
Gopher tortoises and their burrows are protected under state law, so in order for the city to commence with any potential deconstruction, it would have to acquire a permit to be allowed to capture the gopher tortoise and release it somewhere else in the park that provides suitable habitat, since the burrow is within 25 feet of the structure.
"A '10 or Fewer Burrows' permit can be applied for and obtained by the city," Burr said. "Once applied for, 10 or Fewer Burrow permits are typically issued by the FWC within approximately two to four weeks."
While the FWC doesn't yet plan to investigate the apparent presence of a gopher tortoise near the Bayview cross, the city does, according to public information officer Vernon Stewart.
More: Judge suspends Bayview cross removal pending Pensacola's appeal
"We will investigate the presence of a gopher tortoise burrow at the base of the cross and we will treat it as we are treating a similar situation that we're having at the project site for (Pensacola Fire Department Station No. 3)," he said.
Stewart said organizations will soon evaluate whether or not the project's footprint of the fire station will affect any gopher tortoises in the nearby vicinity.
Killing or wounding a threatened species in Florida is a third-degree felony, but Stewart said the city will abide by state law if and when it comes time to relocate the tortoise.
"We would, of course, abide by all state and federal laws as it relates to any threatened species," Stewart said. "So of course we would take any necessary steps to make sure we do fall within any guidelines as it relates to protecting this threatened species."
Jake Newby can be reached at [email protected] and 850-435-8538.
Originally Published 13 hours ago
Updated 12 hours ago
If you want more specific information from this article, let me know and I’ll see what I can get for you.
A gopher tortoise burrow was found near the Bayview Cross that could complicate the Bayview Cross lawsuit.
JAKE NEWBY | [email protected]
12 hours ago
Should the city of Pensacola lose its appeal to save the Bayview Park cross from removal, there could be one last line of defense for the cross: A gopher tortoise. http://www.pnj.com/story/news/2017/...-removal-pending-pensacolas-appeal/449056001/
A burrow spotted at the base of the white, brick wall directly in front of the cross was confirmed by marine biologist and Bream Fishermen Association President Barbara Albrecht to be the home of the species, which has been listed as threatened in Florida since 2007.
"The apron opening looks like it's been there for a few years," Albrecht said.
Deborah Burr, a gopher tortoise coordinator with the Florida Fish and Wildlife Conservation Commission, said photos indicate to her that the hole "does appear" to be a gopher tortoise burrow.
More: Attorneys argue Bayview Park cross is 'easy' decision, needs to be removed
Is it a divine intervention? And what does this development mean for the fate of the cross?
The case is currently in the United States Court of Appeals after a federal district judge ruled that the cross violated the separation of church and state. The attorneys representing the people suing the city of Pensacola recently filed a brief stating that removing the cross is an "easy" decision. If the appeals court agrees, and the judge's original ruling is upheld, there may be another hoop to jump through before the cross can be taken down.
Gopher tortoises and their burrows are protected under state law, so in order for the city to commence with any potential deconstruction, it would have to acquire a permit to be allowed to capture the gopher tortoise and release it somewhere else in the park that provides suitable habitat, since the burrow is within 25 feet of the structure.
"A '10 or Fewer Burrows' permit can be applied for and obtained by the city," Burr said. "Once applied for, 10 or Fewer Burrow permits are typically issued by the FWC within approximately two to four weeks."
While the FWC doesn't yet plan to investigate the apparent presence of a gopher tortoise near the Bayview cross, the city does, according to public information officer Vernon Stewart.
More: Judge suspends Bayview cross removal pending Pensacola's appeal
"We will investigate the presence of a gopher tortoise burrow at the base of the cross and we will treat it as we are treating a similar situation that we're having at the project site for (Pensacola Fire Department Station No. 3)," he said.
Stewart said organizations will soon evaluate whether or not the project's footprint of the fire station will affect any gopher tortoises in the nearby vicinity.
Killing or wounding a threatened species in Florida is a third-degree felony, but Stewart said the city will abide by state law if and when it comes time to relocate the tortoise.
"We would, of course, abide by all state and federal laws as it relates to any threatened species," Stewart said. "So of course we would take any necessary steps to make sure we do fall within any guidelines as it relates to protecting this threatened species."
Jake Newby can be reached at [email protected] and 850-435-8538.
Originally Published 13 hours ago
Updated 12 hours ago
If you want more specific information from this article, let me know and I’ll see what I can get for you.
