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To: Duval County Legislative Delegation

December 14, 2009

Subject: Beach Access Closure Proposal Catches Local Officials by Surprise.

Vehicle access to Florida Beaches is one of the few areas of
responsibility delegated by the Florida Legislature to local municipal government regarding beach management (FS 161.58).

On December 10th 2009, the City of Jacksonville (COJ) Parks Management met with the Florida Division of Lands to review changes to the city’s management plan for Huguenot Memorial Park (HMP). The changes were offered by COJ on its own initiative, in an effort to facilitate wildlife habitat and protection at HMP. These actions included closing the emergent inlet shoals at Ft. George Inlet to vehicles and a plan to manage pedestrian activity in the Rufa Red Knot feeding areas of the shoals. Neither of these actions is required by federal or state law – Red Knots are not a “listed” species protected as threatened or endangered.

Audubon of Florida has been a member of COJ HMP Advisory Board and Shorebird Management Team for the past two years. Audubon has consistently said they are not for closing beach driving and have presented no such request to the COJ. As is noted in this quote last week from Audubon:

“Duval Audubon Society President Carole Adams said … the group isn't seeking to prohibit vehicle driving at Huguenot beach,” Florida Times Union 12/4/2009

However, on December 10th, the Florida Division of Lands Acquisition and Restoration Council (ARC) were presented with a proposal from Audubon to close approximately half of the beach at HMP managed under a lease from the state. The ARC took up the recommendation in its meeting on the 10th, acted unilaterally, affirmed it, and moved it for a vote of the full ARC on the following day.

While Audubon had been telling COJ officials and parks management that it did not support general beach closure to vehicles prior to the meeting, an email surfaced from Audubon’s Executive Director stating the following while the closure issue was pending in the ARC:

“In a fund-raising e-mail to supporters Friday, Draper [Audubon of Florida Executive Director] wrote he was on his way to hearing joining another staffer “in asking that one of the last refuges for shorebirds in Northeast Florida be closed to beach driving.” Florida Times Union 12/12/2009
In this same article, the leader of a statewide beach access advocacy organization, Florida Open Beaches Foundation expresses alarm. “It was an ambush, pure and simple,” said Robert Taylor, the group’s president.

Continued concern resulted from the fact that the closure proposal was not up for consideration and was not on the ARC agenda. It was not known to, or supported by the COJ Parks Department. No member of the Duval County Legislative Delegation, or the Jacksonville City Council were aware of the pending closure action by the ARC and had little opportunity to react to it. Vehicle access to Florida Beaches is one of the few areas of responsibility delegated by the Florida Legislature to local municipal government regarding beach management. Under Florida Statute 161.58 vehicle access limitations are the jurisdiction of the Jacksonville City Council and, by law, can only be eliminated with a 3/5ths majority vote of the City Council.

Quick actions by local elected officials persuaded the ARC not to act on the beach closure proposal in its full meeting on the Dec. 11th. This gave our leadership approximately one hour to react on the morning of the final meeting. Still, the ARC is withholding final approval of the COJ lease for the third time, now requesting a 100 year environmental impact study. Huguenot Park has existed as a landmass in its current configuration for only about 70 years. The ARC is also requiring the city to produce a “carrying capacity” anticipated to be used as mechanism to place a numerical cap on park access. The plan will be reviewed again by the ARC in one year.

Over 90% of the Florida state land in the upland at HMP’s beach front is designated as a Critical Wildlife Area by FWC and there is no public access of any kind allowed. This area makes up the vast majority of the city’s lease. It is ironic that COJ primarily provides beach access on the sovereign submerge lands areas of the beach (section Xs11 Florida Constitution, FS 161.58), while providing law enforcement and environmental protection to state lands the city and public have no recreational access to. Providing beach access is a mandate for Duval County under Florida’s Growth Management Act.

The COJ has successfully managed HMP for more than 25 years. Its management plan is supported by many organizations and individuals including the regional biologist for Florida Fish and Wildlife. The COJ has never been cited or deemed to be in volition of any wildlife protection as mandated under the Federal Endangered Species Act, the Migratory Bird Treaty Act, or any other law mandating the protection of wildlife at HMP.

Scott Shine
HMP Advisory Board
HMP Shorebird Management Team

Huguenot Park Safety Analysis

Comparative Vehicle Accident Rates
December 2009

General accident rate for state of Florida:
123 Per 1,000,000 miles driven.
Source DMV 2008

• Current annual number vehicles passing the gate at HMP: 123,155
• Estimated number of miles driven by each HMP visitor on average = 3 miles (assumes one trip to the middle of the beach and return exit – conservative estimate, does not include government and service vehicles.)
• Estimated number of HMP total miles driven 123,155 x 3 = 369,465
• Expected accident annual total at HMP (statewide rate applied to HMP total miles): 123/1000000 * 369,465 = 45.5
• HMP actual accident annual total is approximately 6.
• Therefore you are nearly eight times more likely to be in a vehicle accident outside HMP than while visiting HMP.



Bird Fatalities from vehicle strikes

• Estimated 80 Million bird fatalities from vehicle strikes in 1998 (Avian Collisions with Wind Turbines: A Summary of Existing Studies and Comparisons of Avian Collision Mortality in the United States is a resource document of the NWCC. © August, 2001)
• Estimated 225,000,000,000 annual vehicle miles driven in 1998 (US Department of Transportation)
• Miles Driven per bird/vehicle fatality rate (Miles / Fatalities) or (225,000,000,000 / 80,000,000) = 2813
• Expected number of bird fatalities annually from vehicle strikes at HMP (369,465 / 2813) = 131.
• Currently there are less than 5 alleged vehicle takes of birds at HMP.
• A bird is 26 times more likely to be hit by a vehicle outside HMP, than in the park.

That dog don't hunt.

For the comparison to be valid you need data from similar driving conditions to those in your target market. But from a political standpoint it works just fine.

James, you dont know what the hell you are talking about. I think everyone, even you, can agree on that.

I know enough not to listen to politicians.