Although sea turtles have survived for some 175 million years,[1] like many animals, these seagoing reptiles compete with an ever-increasing human population for habitat. Many areas once inhabited by sea turtles are now lost or have been permanently altered by humans.[2] This is especially true in Florida, which hosts the highest number of nesting sea turtles in the continental United States.[3] Florida's permanent and vacationing human population is attracted to the sandy beaches in the summer, the season in which sea turtles must come ashore to nest. In addition, most coastal construction and erosion control projects take place during the summer months be cause of winter weather conditions and associated wind and tide impacts.

As a result of animal, bird, and fish predation[4] in their early years of life, sea turtles' reproductive strategy involves producing numerous offspring to compensate for high natural mortality during that time.[5] Today, the most successful predators of sea turtles are humans. Sea turtle populations have been decimated by humans who harvest them for meat and commercial products, as incidental catch in commercial fisheries, and as victims of pollution and non-degradable debris.[6] Along the coast, habitat degradation caused by development impedes sea turtle nesting and results in high hatchling mortality.[7] Because sea turtles are dangerously close to extinction,[8] they are protected in Florida under federal and state laws, administrative regulations, and local ordinances.[9]

This Comment concentrates on the coastal threats to sea turtle survival in Florida and the laws the state has enacted to protect sea turtles against the detrimental effects of human coastal activities, including operating vehicles on the beaches, artificial beachfront lighting, and interference in nesting behavior associated with coastal construction and erosion control projects. After providing background information on sea turtle behavior in Part II and describing the dangers sea turtles face in Florida in Part III, this Comment examines federal and state laws designed to protect sea turtles in Part IV through Part VI. Part VII analyzes the success of these laws and additional efforts to protect Florida's sea turtles. Part VIII con cludes that even though laws now exist to protect sea turtles, the full effect of the laws remains unknown until long-term studies are completed. For the present, the increased public awareness has resulted in at least a higher hatchling survival rate.

Sea turtles are air-breathing reptiles that spend most of their lives in the ocean. After hatching, male sea turtles spend their entire lives at sea.[10] Female sea turtles must periodically return to sandy beaches to lay eggs.[11] With a streamlined shell and large, paddle-like flippers, sea turtles are well-adapted to life at sea. However, these characteristics hinder the heavy females on land during the laborious nesting process.[12] When the females awkwardly lumber ashore to nest, they are near-sighted and virtually defenseless.[13] Depending upon the species, adult sea turtles can weigh between seventy-five and 2000 pounds, and the largest can reach a length of over eight feet.[14] Sea turtles grow slowly and are believed to have a long life span.[15]

Reproductive behavior is similar among the different species of sea turtles.[16] With slight variations, the nesting season of each species begins in late spring and ends in late summer.[17] After male and female sea turtles gather near the nesting beaches early in the season to mate, the females travel to the beach to deposit up to ten clutches of eggs during one season.[18] During the nesting process, which can last up to three hours, the female drags herself ashore[19] and crawls to a point above the high-tide line.[20] With her front flippers, she pushes sand away to form a "body pit," digs an "egg cavity" inside the pit with her rear flippers, lays approximately one hundred eggs in the cavity, and then pushes sand back into the cavity with her rear flippers.[21] Before returning to the surf, she throws sand around the area with her front flippers to conceal the nest site.[22] Leaving the eggs to incubate in the warm sand, the female never returns to the nest.[23] Sea turtles nest only every two to three years, although some may nest more frequently.[24] Most sea turtle nesting in the United States takes place in the southeastern states, especially the Atlantic coast of Florida.[25]

After an incubation period of about two months, the sea turtles hatch.[26] One to seven days later the hatchlings burst from the nest during the night and, naturally attracted to the brighter sky over the water, make a mad dash to the sea.[27] Where the hatchlings go once they reach the sea is a mystery, until they appear again in coastal feeding grounds.[28] Once they reach maturity, the hatchlings move to permanent feeding grounds.[29] Many sea turtles migrate long distances from their feeding grounds to mate and nest.[30]

The five species of sea turtles in Florida are the green (Chelonia mydas), loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempi).[31]

Adult female green turtles weigh about 300 pounds and average a little over three feet in length.[32] These herbivores feed on seagrasses and algae in shallow waters and are known for their navigational abilities.[33] It is believed that they return to nest on the beach where they were born.[34] Between sixty and 800 green turtle nests are found yearly on Florida's east coast, and infrequently on the Panhandle coast.[35] The green turtle population in the Caribbean and south Florida was severely decimated by intense hunting during the last 300 years.[36]

Loggerhead turtles, at 200 to 350 pounds and three feet long, are the most common sea turtles in Florida.[37] They eat mollusks and crustaceans.[38] This species has been found as far north as Newfoundland and as far south as Argentina, but nests primarily in the southeastern United States.[39] Eighty percent of the loggerhead turtles in the western Atlantic nest along 200 miles of Florida's east coast.[40] It has been estimated that approximately 50,000 to 70,000 loggerhead turtle nests are deposited every year in the southeastern U.S.[41]

Leatherback turtles are so called because their carapace is covered with a rubbery, oily material instead of a hard shell like other sea turtles.[42] The largest of the sea turtles, they weigh 700 to 2000 pounds and reach four to eight feet in length.[43] Their size, texture, and barrel-like shape enable them to dive deeper (3000 feet), travel farther (3000 miles), and swim in colder water than any other sea turtle.[44] These unique creatures are also the only sea turtles that subsist on a diet of jellyfish.[45] Between 1981 and 1990, the annual number of leatherback turtle nests on the east coast of Florida increased from thirty-eight to 125.[46]

Hawksbill turtles are one of the smallest sea turtles[47] and the only ones that predominantly eat sponges.[48] They have a beak-like mouth and a beautiful, richly patterned shell[49] highly prized for use in tortoiseshell products.[50] Because of their small body and agility, hawksbill turtles can nest on isolated, reefed, and rocky beaches, and they usually locate their nests under vegetation.[51] In Florida, hawksbill turtles nest on the southeastern coast between Volusia and Dade Counties and into the Keys.[52] Between 1979 and 1990, the annual number of reported nests ranged between zero and two.[53]

The Kemp's ridley turtle is the smallest and rarest sea turtle.[54] The crab-eating adults weigh eighty-five to 100 pounds and measure twenty-four to thirty inches long.[55] Not only do these sea turtles nest during the daytime, but they do so almost exclusively in one area on the east coast of Mexico.[56] Before nesting, the turtles mass offshore to mate, and the females then emerge together to nest within a few hours of each other in a process called an arribada.[57] This behavior has rendered Kemp's ridley turtles vulnerable to exploitation by humans.[58] Adult Kemp's ridley turtles swim in the waters surrounding Florida, and although the literature claims Kemp's ridley turtles do not nest in Florida,[59] at least two Kemp's ridley turtle nests were deposited on Florida's east coast in 1996[60] and four were verified in Florida during the 1997 nesting season.[61]

Sea turtles face threats both in the ocean and on shore. During sea turtles' adult lives in the sea, their large size makes them immune to almost all natural predators except sharks.[62] However, hatchlings in the sea often fall prey to fish and birds.[63] Humans still pose the largest oceanic threat to sea turtles. In some parts of the world, sea turtles are harvested for their meat and eggs and for products such as tortoiseshell, leather, oil, and cartilage for soup.[64] Sea turtles are endangered at sea by incidental capture or entanglement in commercial and recreational fishing equipment,[65] especially as a result of shrimp trawling,[66] dredging of harbors and shipping channels,[67] collisions with boats,[68] underwater explosives used in oil rig removal, illegal fishing,[69] entrapment in intake pipes of coastal power plants,[70] and the ingestion of non-degradable debris.[71]

Nesting female sea turtles, eggs, and hatchlings face a myriad of natural dangers on the beach. Eggs and hatchlings fall victim to predators such as raccoons, ants, ghost crabs, foxes, feral hogs, fish crows, herons, coyotes, buzzards, dogs, and armadillos.[72] Nest destruction can be caused by flooding from heavy rains,[73] tidal inundation as a result of nesting below the high-tide line,[74] and flooding and accretion[75] of sand above incubating nests.[76] Storms may also cause trees to fall on the beach, which can become obstacles to nesting females and hatchlings.[77] Additionally, nesting females can become fatally caught in driftwood, vegetation, and rocks on the beach because they are unable to crawl backwards to escape.[78] Hatchlings can be prevented from exiting the nest by beach vine roots that grow into or over the nest after the nest is laid.[79] A relatively recent disease threat noted in Florida's green sea turtles is "fibropapilloma," tumorous growths thought to be viral in origin.[80] Scientists at the University of Florida's Archie Carr Center for Sea Turtle Research suggest the tumors are caused by chemical runoff that affects sea turtles' habitat and damages their immune systems.[81]

In addition to posing the greatest oceanic threat, humans also pose the most serious coastal threat to sea turtles. Although poaching of nesting females and eggs by humans is substantially lower in the continental United States,[82] these activities continue to severely deplete sea turtle populations in other parts of the world.[83] Human presence on beaches during the nesting season can negatively impact sea turtles.[84] Human activity, noise, and use of flashlights on the beach at night can cause nesting females to halt nesting attempts, resulting in what is called a "false crawl."[85] The nesting female may then shift to other nesting beaches, delay nesting, or choose poor nesting sites.[86] Beach construction can significantly deter nesting females from coming ashore.[87] Additionally, ordinary pedestrian traffic can cause compaction of sand above nests, crushing the hatchlings within, and may create tracks that interfere with the hatchlings' ability to reach the ocean.[88]

Evidence of human presence may also harm sea turtle nesting habitats. Beach campfires can deter nesting females and disorient hatchlings, and if placed over a nest, can kill the embryos below.[89] Litter left by humans can obstruct both nesting females and hatchlings and food may attract predators to the nest area.[90] Recreational beach equipment left on the beach at night, including beach furniture, cabanas, umbrellas, small boats, and beach cycles, can cause false crawls in nesting females, damage nests by crushing or protruding into the nest, and hamper hatchlings' progress towards the sea.[91]

In areas where motor vehicles are allowed on the beach or where illegal beach driving occurs, the use of headlights during night driving can disrupt the nesting process and disorient hatchlings.[92] Tire ruts can interfere with the hatchlings' ability to reach the sea,[93] and vehicles can damage nests and run over hatchlings.[94] Beach cleaning equipment causes similar problems.[95] In addition to the creation of ruts and compaction of nests by heavy machinery, beach cleaning rakes can penetrate or uncover nests.[96]

The invasion or intentional planting of non-native vegetation on the beach also poses a threat to sea turtle nests.[97] These species often displace native plants and can lead to dune destabilization and increased beach erosion.[98] Some non-native plants can form impenetrable root mats which interfere with the nesting process, invade nests, or trap hatchlings.[99]

Florida's extensive coastal development progressively threatens sea turtle nesting habitat and populations. Tall buildings cast shade on the beach and human removal of vegetation from the beach reduces shade, affecting crucial nest temperatures.[100] Increased artificial light from development may discourage females from nesting and cause hatchling disorientation.[101] Coastal development also interferes with natural coastal processes, accelerating erosion and necessitating erosion control measures, both of which negatively affect the nesting process.[102]

Sandy coastlines and barrier islands in their natural state are constantly moving.[103] During storms, beaches erode and are later rebuilt, while islands disappear and reform throughout various coastal regions.[104] When coastlines and islands became developed for human use, artificial inlets and buildings along the beach interfered with this natural coastal migration, causing a need for coastal armoring to fortify the beach against erosion.[105] However, these structures actually accelerate erosion by intensifying wave action and currents along the shore, and prevent the natural return, or accretion, of sand to the shore.[106] To preserve beachfront development, erosion control measures must continue, along with repeated beach renourishment projects to replace the lost sand.[107] Both of these practices adversely affect nesting sea turtles and their eggs.[108]

Besides causing permanent degradation of nesting habitat through erosion,[109] coastal armoring physically prevents females from reaching suitable nesting sites.[110] When females deposit nests seaward of armoring structures, the nests may be flooded at high tide or washed out by waves.[111] When inadequate amounts of sand cover the armoring structures, females nesting over them may abandon nesting attempts or may construct improperly sized nests.[112] Coastal armoring structures tend to break apart after time, and the resulting debris left on the beach can cause false crawls and trap nesting turtles and hatchlings.[113]

When beach renourishment is conducted during the nesting season, it can bury nests and adversely affect nesting turtles and hatchlings with its increased human activity and artificial lighting at night.[114] Heavy machinery and pipelines associated with beach renourishment projects can also cause false crawls and entrapment of nesting females and hatchlings.[115] An element of beach renourishment is the depositing of new sand on the affected area. However, the sand deposited on the nesting beach may be different from native beach sediments, which could affect females' nest site selection and digging behavior, the nests' incubation temperature,[116] gas-exchange characteristics of the nest,[117] and the nest's moisture content.[118] This difference in sand could also affect the success of hatchling emergence from both egg and nest.[119] Transporting the sand onto the beach and the renourishment itself often result in severe compaction of the beach, significantly reducing nesting success.[120]

Although the necessary repetitive maintenance of beach renourishment projects heightens the threat to sea turtle nesting habitat,[121] beach renourishment is preferable to coastal armoring for nesting habitat protection.[122] Renourishment of extremely eroded beaches, especially where the entire dry beach has been lost, can improve nesting habitat.[123] However, the renourishment process must be conducted carefully to ensure proper timing and sand quality,[124] and where compaction occurs during renourishment, tilling can be used to soften the sand.[125]

Florida's extensive coastal development brings with it a high level of artificial beachfront lighting, which can make beaches unsuitable for sea turtle nesting.[126] Artificial beachfront lighting, including lights located on or near beaches[127] and the "urban skyglow" from intensive inland light,[128] affects both nesting females and hatchlings.[129] Lighting can deter female sea turtles from emerging from the sea to nest[130] and can interfere with their sea-finding ability[131] after nesting is completed.[132] Because emergent hatchlings rely on visual brightness cues to find the sea, artificial beachfront lighting causes hatchlings to become misdirected during their crucial and dangerous trip from the nest to the sea.[133] Hatchlings in this situa tion often die from exhaustion, dehydration, predation,[134] entrap ment in vegetation or debris, or wandering onto roadways and parking lots where they are struck by cars.[135] Artificial lighting can also cause hatchling disorientation while in the surf and even draw them back out of the water.[136]

The artificial beachfront lighting problem may be the most manageable of the human-caused sea turtle disturbances.[137] Although some beachfront lighting is necessary for safety and security, light management measures can help prevent interference with sea turtle nesting habitat while still addressing human safety concerns.[138] These measures include turning off unnecessary lights during the nesting season; using a smaller number or lower wattage of lights; repositioning, shielding, redirecting, lowering, or recessing fixtures so light does not reach the beach; using timers and motion detector switches; planting native dune vegetation to screen light; and reduc ing interior lighting by moving lights from windows, drawing curtains or blinds after dark, and tinting windows.[139] In addition, sea turtles are less affected by red, yellow, and low-pressure sodium-vapor lights, which can be substituted for ordinary lights.[140]

Marking, caging, and relocation of nests are defenses against some of the coastal problems described above, but are not always desirable alternatives. Sea turtle nests can be marked or caged to prevent damage by pedestrian and vehicular traffic and beach cleaning equipment.[141] Though no longer in favor as a remedy for all such problems, nest relocation to protected hatcheries or more suitable nest sites is another option to remove nests from the threats of predators,[142] erosion,[143] pedestrian and vehicular traffic,[144] beach cleaning activities,[145] beach renourishment projects,[146] artificial beachfront lighting,[147] and areas of heavy vegetation.[148] However, nest relocation may have negative consequences[149] and does not address the threatened habitat problem.[150] The current emphasis of nesting habitat management is to avoid manipulation of nests and hatchlings as much as possible.[151]

Six species of sea turtles are federally protected under the Endangered Species Act of 1973 (ESA).[152] They are the green, hawksbill, Kemp's ridley, leatherback, loggerhead, and olive ridley sea turtles. Section 7 of the ESA requires federal agencies to ensure that their actions are "not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of" such species' critical habitat.[153] Section 9 prohibits the sale, import, export, or transport of any endangered species and most threatened species, and makes it unlawful to "take" them.[154] The term "take" is broadly defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct."[155] The United States Supreme Court has affirmed the Secretary of the Interior's interpretation that take includes "significant habitat modification or degradation where it actually kills or injures wildlife."[156] Section 10 of the ESA authorizes the Fish and Wildlife Service and National Marine Fisheries Service to permit "incidental"[157] takings by non-federal, private actions if the action "will not appreciably reduce the likeli hood of the survival and recovery of the species in the wild."[158]

The Florida Endangered and Threatened Species Act of 1977 (FETSA) established Florida's policy to conserve and wisely manage its resources, especially endangered and threatened species.[159] The intent of the FETSA is to "provide for research and management to conserve and protect [endangered and threatened] species,"[160] and the act appoints the Florida Department of Environmental Protection (DEP) as the agency responsible for research and management of marine species.[161] With this authority, DEP listed the green, leatherback, hawksbill, and Kemp's ridley sea turtles as endangered.[162] The loggerhead sea turtle was listed as threatened.[163]

In 1995, the Florida Legislature passed the Marine Turtle Protection Act (MTPA), giving DEP the authority to enforce regulations protecting the green, leatherback, hawksbill, Kemp's ridley, and loggerhead sea turtles.[164] DEP was instructed to implement its re sponsibilities under the United States Fish and Wildlife Service (USFWS) recovery plans for the five species of sea turtles.[165] The MTPA states that "no person may take, possess, disturb, mutilate, destroy, cause to be destroyed, sell, offer for sale, transfer, molest, or harass any marine turtle or its nest or eggs at any time."[166] "Take" is defined as an act which kills or injures sea turtles, including "significant habitat modification or degradation that kills or injures marine turtles by significantly impairing essential behavioral patterns, such as breeding, feeding, or sheltering."[167]

Under the MTPA, a permit application to DEP for any activity that affects sea turtles, their nests, or habitat is subject to conditions and requirements for sea turtle protection.[168] When considering a permit application for such an activity, DEP may condition the nature, timing and sequence of construction to protect nesting sea turtles, hatchlings, and their habitat.[169] DEP must recommend denial of a permit if an activity would result in a "take," unless the taking is incidental under the federal ESA.[170]

However, on the Atlantic coast, DEP cannot restrict the timing of a beach restoration, beach renourishment, or inlet sand transfer project when the applicant already has a sea turtle nest relocation program or has agreed to administer such a program.[171] In this situation, DEP can only require the applicant to successfully relocate and monitor all turtle nests that would be affected by the permitted activity.[172] The MTPA instructs DEP to give special consideration to beach preservation and renourishment projects that restore sea turtle habitat and requires the consideration of nest relocation for all such projects in urbanized areas.[173]

The Coastal Zone Protection Act of 1985 (CZPA), designed to manage sensitive coastal areas by minimizing damage to the environment, private property, and life,[174] specifically addresses protection of sea turtles by allowing DEP to place conditions on construction that provide sea turtle protection pursuant to the MTPA.[175] Further, the CZPA indirectly assists sea turtle conservation efforts by prohibiting vehicular traffic on coastal beaches, with some exceptions.[176] Beach driving authorized by a local government prior to July 1, 1989,[177] is permitted to continue as long as less than fifty percent of the peak demand for off-beach parking is available.[178] Driving is not allowed on any additional beaches.[179]

The Beach and Shore Preservation Act (BSPA) regulates coastal construction and beach and shore preservation projects such as beach restoration and renourishment, navigation inlet improvement, and erosion control projects.[180] Section 161.041 requires that a permit must be obtained from DEP before commencement of any of these activities on sovereignty lands of Florida, below the mean high water line of any tidal water.[181] Section 161.053 requires permits with special siting and design considerations to construct seaward of the coastal construction control line (CCCL).[182]

DEP can condition a permit to alter, excavate, or construct on property seaward of the CCCL to protect nesting sea turtles, hatchlings, and their habitat.[183] Protection of sea turtles and their nesting sites must also be addressed under this section when DEP grants general permits[184] or areawide permits to local governments and utility companies for special activities,[185] in development agreements between DEP and property owners,[186] and in certain permit-exempt projects to maintain navigation inlets or renourish nearby downdrift beaches.[187]

Pursuant to permit requirements for construction on sovereignty lands or seaward of the CCCL, DEP can issue a permit for installation of rigid coastal armoring structures or other emergency response measures.[188] However, the BSPA delegates to local counties and municipalities the authority to approve construction of temporary coastal armoring in certain emergency situations.[189] In installing these structures, the local government must consider the protection of nesting sea turtles and hatchlings.[190]

The BSPA requires consideration of sea turtle protection[191] in conjunction with state funding for beach restoration and renourishment projects and navigation inlet improvement.[192] When prioritizing projects which can receive up to seventy-five percent state funding, the state considers, among other criteria, the impact of the project on sea turtle nesting and the extent of local government legislation which protects sea turtles from the adverse effects of beachfront lighting and preserves their habitat.[193] In order to receive any state funds, such a project must provide for protection of sea turtles and their nesting habitat.[194]

The 1986 amendments required DEP to designate "coastal areas which are utilized, or likely to be utilized, by sea turtles for nesting," and to adopt guidelines for regulations of local governments to control beachfront lighting to protect sea turtles.[195] DEP carried out these instructions in chapter 62B-55 of the Florida Administrative Code, where it designated twenty-six coastal counties as nesting habitat[196] and published the Model Lighting Ordinance for Marine Turtle Protection (MLO).[197]

Chapter 62B-41 of the Florida Administrative Code, Rules and Procedure for Application for Coastal Construction Permits, implements section 161.041 of the Florida Statutes, which regulates coastal construction on sovereignty lands below the mean high water line of the tidal waters of Florida.[198] Coastal construction upon sovereignty lands may not cause the "take" of sea turtles pursuant to the MTPA.[199] Any coastal construction permitted under this chapter and determined to have an adverse impact[200] is monitored to deter mine its impacts upon, among other things, sea turtles.[201]

Applications for permits for coastal construction on sovereignty lands that affects sea turtles are subject to the conditions and requirements for sea turtle protection set forth in Rule 62B-41.0055.[202] Before granting a permit under this rule, DEP must determine that the coastal construction is consistent with the federal ESA and Florida's MTPA and would not result in a "take" under the MTPA.[203] In making this determination, DEP evaluates the number of sea turtles and nests that would be affected, the potential impacts of disturbance on the turtles and nests, and the quality and suitability of the existing beach for nesting in the area of the construction.[204]

Except in certain emergency situations,[205] construction of coastal armoring structures on sovereignty lands is prohibited in federally-designated critical habitat for sea turtles or on the shore of the Archie Carr National Wildlife Refuge.[206] When any coastal construction is permitted, even in the excepted emergency situations, DEP requires "nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat."[207]

Beach restoration and renourishment projects and mechanical sand bypassing projects on sovereignty lands must be designed to provide suitable habitat for sea turtle nesting activity.[208] These beach preservation activities cannot take place during the nesting season unless sea turtle protection measures are employed, including "nest surveys, nest relocation, nest marking, modification of coastal construction and measures to reduce sand compaction."[209] Also, the applicant must provide DEP with justification to conduct the construction during that time period.[210] Coastal construction on sovereignty lands other than beach restoration and renourishment and mechanical sand bypassing is prohibited from taking place during the sea turtle nesting season if DEP determines the construction will result in a significant adverse impact or an inconsistency with the provisions of the MTPA.[211]

Additional sea turtle protections provided by this chapter include the requirement that construction on sovereignty lands must be sited and designed to minimize any adverse impact on sea turtles.[212] Permit applicants must provide evidence that deviation from specified DEP design guidelines does not increase potential adverse impacts to sea turtles.[213] Permit applications for construction, excavation, or maintenance of a coastal inlet must include an analysis of the expected effect on sea turtles in the inlet area, includ ing the effect of alternative construction and no construction.[214] Applications for all coastal construction on sovereignty lands must include "[i]nformation required to assess potential impacts to marine turtles, nests and their habitat."[215] Once the permit is granted, "extreme care" must be exercised during the construction to prevent adverse impacts to sea turtles, nests, and their habitat.[216]

Chapter 62B-33 of the Florida Administrative Code, Rules and Procedure for Coastal Construction and Excavation, implements section 161.053 of the Florida Statutes, which regulates coastal construction seaward of the CCCL.[217] When DEP considers a permit application under this rule, the agency must assess the effects of the proposed activity on sea turtles, among other things.[218] With the exception of some emergency protection structures, DEP cannot issue a permit if the agency determines that the activity will result in "a significant adverse impact to marine turtles."[219]

When necessary to protect sea turtles and their habitat, DEP may place conditions on the nature, timing, and sequence of permitted construction seaward of the CCCL.[220] In nesting areas, lighting must be shielded or designed so that it will not disturb sea turtles, and windows and doors visible from nesting areas must use tinted glass or other light control measures.[221] If these and other sea turtle protection measures are not taken, DEP will suspend the permitted construction.[222]

Coastal armoring[223] structures seaward of the CCCL must be sited and designed to minimize adverse impacts on sea turtles.[224] Construction of armoring during the sea turtle nesting season is prohibited if DEP determines that a take will occur pursuant to the MTPA, except in the case of some emergency permitting.[225] Additional coastal armoring is banned on public lands in the Archie Carr National Wildlife Refuge, a refuge established for the protection of sea turtle nesting grounds.[226] However, coastal armoring is permitted on these lands where there is no reasonable alternative and the armoring is "necessary to protect public infrastructure."[227]

Ordinarily, only DEP can issue emergency permits for certain types of coastal construction when there is a "shoreline emergency" resulting from storm impact.[228] However, when a storm causes erosion "such that existing eligible structures have either become damaged or vulnerable to damage from a subsequent frequent coastal storm," local governments are authorized to construct coastal armoring to protect public infrastructure and private structures.[229] Alternatively, the local government may declare an emergency and issue permits to private property owners to construct armoring to "protect their private structures."[230]

These emergency permits must be issued pursuant to the appropriate rules and statutes, and before issuing such a permit, the local government must notify DEP.[231] The emergency armoring must be removed within sixty days unless the local government applies for a DEP permit.[232] Also, the armoring must be sited and designed to minimize impacts to sea turtles.[233] If the installation of the armoring occurs during the sea turtle nesting season, the local government must obtain information on the location of any sea turtle nests in the area and the armoring "shall be sited and constructed in a manner that protects marine turtles."[234] DEP must require removal of armoring that causes a take pursuant to the MTPA.[235]

When implementing section 161.163 of the Florida Statutes in 1993, DEP promulgated the MLO.[236] As instructed by the legislature, the agency designated twenty-six coastal counties which are used, or likely to be used, by nesting sea turtles,[237] and developed guidelines for local governments to control beachfront lighting.[238] Rule 62B-55.004 encourages local governments to adopt and enforce these minimum guidelines.[239] The guidelines prohibit driving on the beach at night during the nesting season and campfires or bonfires on the beach,[240] and suggest model standards for new and existing beachfront lighting.[241]

These model standards include positioning light fixtures so that they are not directly visible from the beach and do not illuminate areas seaward of the frontal dune; mounting fixtures as low as possible and positioning them so that light is cast downward; using recessed or shielded light sources without reflective interior surfaces; using low wattage yellow "bug" type bulbs or low pressure sodium vapor lighting; and using motion detector switches that switch light on for a minimum duration.[242] The guidelines also suggest shielding light sources from the beach with ground level barriers or vegetation buffers.[243] Tinted glass, window treatments, and moving lamps away from windows are recommended to shield interior lighting.[244]

Many counties and cities along Florida's coast have adopted sea turtle lighting ordinances patterned on DEP's MLO. DEP's 1993 survey of Florida sea turtle lighting ordinances showed that twenty-seven cities in fourteen coastal counties have adopted such ordinances.[245] Some of the ordinances include protections beyond those recommended in the MLO. Palm Beach County, for example, established a Sea Turtle Protection Zone and requires an approved Sea Turtle Lighting Plan for all new construction and artificial lighting proposed within the zone.[246] St. Lucie County's ordinance requires an approved Sea Turtle Protection Plan for all coastal development involving the installation of lighting and all coastal development conducted during the nesting season seaward of the primary dune or at night.[247] During the nesting season, St. Lucie County also prohibits turning on exterior light sources directly visible from the beach or illuminating areas seaward of the primary dune.[248] Palm Beach, St. Lucie, and Sarasota Counties require a nighttime site inspection prior to granting a certificate of occupancy to ascertain that all beachfront lighting is in compliance.[249]

In an innovative step, Lee County is in the process of revising its lighting regulations to avoid the difficulty of quantifying possible lighting violations.[250] The county's proposed revision includes the following:

2) A rebuttable presumption that there is a violation . . . exists when:

(1) a shadow is created or cast by artificial lighting directly or indirectly illuminating an opaque object in sea turtle nesting habitat during the nesting season; or

(2) the disorientation or mortality of a nesting sea turtle or . . . hatchling is caused by artificial lighting directly or indirectly illuminating sea turtle nesting habitat during the nesting season.[251]

In 1986, the Florida Legislature and the University Board of Regents established the Archie Carr Center for Sea Turtle Research at the University of Florida.[255] The Center is named for the pioneer of sea turtle research, Archie Carr, who died in 1987.[256] The Center conducts research on the biology of sea turtles, and its findings are used to further the international conservation of sea turtles.[257] To facilitate sea turtle research around the world, the Center established CTURTLE, a listserv conference network, and the Sea Turtle On-Line Bibliography.[258]

In 1989, the Archie Carr National Wildlife Refuge was designated to protect sea turtle habitat.[259] The refuge consists of over twenty miles of shoreline on Florida's east central coast between Melbourne and Wabasso and attracts more nesting loggerhead turtles than virtually anywhere else on earth, more nesting green turtles than anywhere else in the continental United States, and some nesting leatherback turtles.[260] The refuge is being pieced together as funds for land acquisition become available.[261] The State of Florida purchased the first parcel in 1990 and federal acquisition began in 1991.[262] The U.S. Fish and Wildlife Service (USFWS) is in the process of acquiring the remaining undeveloped land in the refuge with the financial assistance of the State of Florida, Brevard and Indian River Counties, and the Mellon Foundation.[263]

The federal government can prosecute for a sea turtle take under the ESA and state agencies can prosecute for a take under Florida's MTPA. DEP can protect sea turtles by imposing conditions on permits or denying permits for coastal construction and erosion control projects. Local governments can enforce local ordinances. Nonetheless, whether these laws are being successfully enforced in Florida is questionable.

1. Violations of the ESA

The federal government holds primary responsibility for enforcing violations of the ESA. USFWS has jurisdiction over sea turtles while they are on land,[264] and the ESA authorizes the agency to seek civil penalties[265] for violations of the statute. Additionally, USFWS may seek criminal penalties such as fines, imprisonment, revocation of federal licenses and permits, and forfeiture of all equipment used in the taking.[266] The ESA also authorizes citizen suits against any person alleged to be in violation of the ESA and against the Secretary of the Interior and USFWS for failure to perform any nondiscretionary duty.[267]

USFWS does not get involved in violations of state or local statutes unless there is evidence of a take under the ESA. In most situations, after notification of a possible take by USFWS, the problem is corrected and there is no need for a civil or criminal proceed ing.[268] However, this is not always the case. In 1994, as part of an enforcement initiative to protect sea turtle hatchlings from beach lighting,[269] USFWS initiated a civil penalty proceeding against a Florida condominium association in Melbourne, Florida.[270] USFWS alleged three violations of the ESA and proposed a penalty of $15,000 per violation. The violations resulted from high loggerhead hatchling mortality on three separate nights caused by the condominium association's lighting near a turtle nesting beach.[271] The case ended with a settlement agreement in which the condominium association agreed to pay a $15,000 fine and correct the lighting situation.[272]

2. Incidental Take Permits

Under the ESA, USFWS can authorize permits for the incidental taking of sea turtles.[273] The permittee is not liable for any taking that falls within the scope of the permit. As a condition for issuance of such a permit, the applicant must develop a habitat conservation plan specifying actions to minimize negative impacts to the sea turtles.[274] The plan must also identify funds for mitigation efforts, show that there will be no appreciable reduction in the survival of the species or hindrance of its recovery, and contain assurances that the plan will be fully implemented.[275] USFWS recently granted an incidental take permit to Volusia County so that the county could continue to allow driving on its beaches.

Volusia County's fifty miles of beaches[276] have served as a road way for vehicles for over one hundred years[277] and have served for much longer as nesting grounds for loggerhead, green, leatherback, hawksbill, and Kemp's ridley sea turtles.[278] In 1994, USFWS warned Volusia County that permitting driving on its beaches was a potential taking of sea turtles.[279] The county agreed to develop a conservation plan and pursue an incidental take permit from USFWS.[280]

In 1995, two local citizens, on behalf of the loggerhead and green sea turtle species, filed suit against the county in United States District Court under the ESA citizen suit provision.[281] The plaintiffs alleged that Volusia County's allowance of beach driving and the county's ineffective beach lighting ordinance violated the ESA.[282] The plaintiffs sought a preliminary injunction to prevent driving on the beach during the sea turtle nesting season and to compel the county to enforce Florida's Model Lighting Ordinance for Marine Sea Turtle Protection.[283] The court did not compel the county to enforce a stricter lighting ordinance, but temporarily enjoined the county from permitting driving on the beach at night and from allowing driving and parking in the county-designated "Conservation Zone."[284]

During the following year, the county worked with USFWS to develop a Habitat Conservation Plan (HCP) in an attempt to procure an incidental take permit.[285] After a public notice and comment period, USFWS granted the permit to the county in November of 1996.[286] A month later, the judge dismissed the lawsuit. The HCP established three beach areas, each with differing levels of intensity of use.[287] The Natural Beach Areas (18.92 miles) are generally undeveloped and have the highest concentration of sea turtle nests; public driving is not allowed in these areas.[288] The Transitional Areas (11.65 miles) are a mixture of dunes and development and nesting is moderate; driving and parking are permitted except in the thirty-foot wide Conservation Zones.[289] The Urban Areas are heavily developed and minimally used by sea turtles; driving and parking are permitted except in the fifteen-foot wide Conservation Zones.[290]

The HCP also banned driving on the beach at night, and required the county to establish a sea turtle monitoring and management program, hire a professional Protected Species Specialist, establish a cooperative effort with USFWS and DEP to develop an ongoing protected species monitoring program, continue a beach management program, including a vehicle rut removal and maintenance program tailored for protection of sea turtles, and develop a county-wide Beach Lighting Management Plan.[291] The summer of 1997 was the first time the HCP was in force during a sea turtle nesting season, and the county is currently compiling data from its sea turtle monitoring during the season.[292] However, one year of data will not necessarily prove whether the plan worked because sea turtle nesting seasons naturally fluctuate from year to year.[293]

In July of 1997, the plaintiffs appealed the court's dismissal of the lawsuit and two of the judge's earlier rulings: her refusal to allow the addition of leatherback turtles as complainants and her dismissal of the portion of the suit dealing with lighting impacts on sea turtles.[294] The 11th Circuit Court of Appeals in Atlanta heard oral arguments in the case in December of 1997.[295] In August of 1998, the Court of Appeals entirely reversed the federal district court ruling, remanding the case for further proceedings, including a trial on the artificial beachfront lighting issue.[296]

1. Penalties for Violation

Several Florida laws provide penalties for harming sea turtles. Section 327.0725, Florida Statutes, states that any person who violates the Florida Endangered and Threatened Species Act of 1977 (FETSA) by intentionally killing or wounding an endangered or threatened species or intentionally destroying the eggs or nest of such a species is guilty of a third degree felony.[297] The legislature also established the Endangered and Threatened Species Reward Program to reward persons who provide information leading to the arrest and conviction of violators of FETSA.[298]

A person who violates the Marine Turtle Protection Act (MTPA)[299] is minimally punished for a first conviction with imprisonment of not more than sixty days or a fine between $100 and $500, or both. A second conviction within one year is punished with imprisonment of not more than six months or a fine between $250 and $1,000, or both.[300] In addition to these penalties for taking, harvesting, or possessing sea turtles or eggs, the court must assess a fine of $100 per "unit of marine life or part thereof."[301] This additional fine appears to dramatically increase the penalty for destruction of a nest, which may contain over 100 turtle eggs. However, in 1991, the Fourth District Court of Appeal held that "unit of marine life" within the meaning of the statute did not include a sea turtle egg and that fining a defendant $100 per egg violated procedural due process.[302] Additional possible penalties include the revocation of licenses and permits and the forfeiture of equipment used in the violation.[303]

Florida's Environmental Protection Act of 1971[304] enables citizens and local governments to sue a governmental agency to compel it to enforce laws protecting sea turtles, or to sue to enjoin an individual or governmental agency from violating laws protecting sea turtles.[305] A citizen or local government can also intervene as a party in certain administrative, licensing, or other proceedings to assert that the activity to be licensed or permitted will harm sea turtles.[306] However, what seems to be a desirable citizen suit provision may not be so desirable; the statute also provides that the prevailing party in any such action is entitled to attorney's fees and costs.[307] The fear of being required to pay the other side's fees likely is a deterrent to taking advantage of the citizen suit provision.

2. Permitting

The coastal construction permitting process protects sea turtles through prevention of harm. DEP reviews the proposed activity and may withhold a permit until the agency is reasonably certain the activity will not harm sea turtles.[308] Under the Marine Turtle Protection Act and the Beach and Shore Preservation Act, all applications for DEP permits for activities that affect nesting sea turtles, hatchlings, or their habitat are subject to conditions for sea turtle protection.[309] DEP may condition the nature, timing, and sequence of most permitted construction to protect nesting sea turtles and hatchlings.[310] If, after the permit is granted, the permittee does not comply with the requirements of the permit, the agency may halt the activity, order compliance with the permit, and in some cases revoke the permit or order removal of the structure.[311] In addition to these restrictions, any person who violates the restrictions on construction seaward of the CCCL or on sovereignty lands, or those on erosion control projects, is guilty of a first degree misdemeanor.[312] Florida Statutes also authorize DEP to impose a fine of up to $10,000 per day for refusal to comply with or willful violation of these restrictions on coastal construction, or any DEP rule or order regarding such coastal construction.[313]

3. Enforcement

Florida has extensive laws and regulations protecting sea turtles and their nesting habitat on the state's coastline, and these laws and regulations contain provisions for enforcement and penalties. However laudatory Florida's sea turtle protection policies may be, they are ineffective if the laws are not enforced. Because of the potential of coastal development to destroy sea turtle nesting habitat in Florida, USFWS has stressed the importance of strict enforcement of lighting ordinances and laws regulating coastal construction, beach armoring, and beach nourishment.[314]

Whether Florida is able to provide successful enforcement is another issue. DEP is working to ensure that the sea turtle protection laws are enforced,[315] but lack of funding and the resulting understaffing substantially impact enforcement efforts.[316] Funding of environmental protection measures may fluctuate according to the political party currently in power,[317] or may be a result of Florida's plethora of legal and societal problems, often viewed as more important than environmental issues.[318] Whatever the cause, one DEP employee suggests that because effective statewide enforcement seems to be economically and logistically impossible, enforcement by local governments and dedicated volunteers is much more feasible.[319] Local enforcement facilitates the day-to-day monitoring of sea turtle nesting habitat that is necessary for successful manage ment of the sea turtle population.

Political pressures brought to bear on DEP by local communities can create significant problems with coastal construction permitting. Many people wishing to construct or modify structures in well-developed coastal areas, particularly Dade County, where most development occurred prior to the existence of regulation, have a difficult time understanding why they must comply with permit regulations while their neighbors are virtually unregulated.[320] In Dade County, the beach is so well-lit that all sea turtle nests are immediately moved to a protected hatchery.[321] In this area, lighting regulations may seem unfair where the lights do not endanger the relocated hatchlings, although there is still a risk of impacting nesting female sea turtles.[322] Areas like the Panhandle, which has only recently started to increase development, offer a chance for better protection of sea turtles because most coastal construction has oc curred since the imposition of CCCL regulations.[323]

Difficulties inherent in enforcement of coastal construction permits include discovery of and follow-up on violations. After receiving a permit, the permittee may either neglect to follow the permit during construction or construct according to the permit and then illegally change the structure afterwards.[324] A building can be built to permit specifications, but later minor modifications may not require a permit and could bring the building out of permit com pliance.[325] Unless these violations are reported, DEP cannot always follow up on these matters.[326] Permits are only enforceable for the life of the permit. Permits also expire when the permittee moves.[327] Another problem is that dangers to sea turtles, like artificial lighting or shading of the beach, can be caused by structures such as buildings and parking lots landward of the CCCL, which do not require permits involving turtle protection,[328] or by structures constructed prior to regulation.[329] These structures are not within the enforcement jurisdiction of DEP.

Although beach driving is deleterious to sea turtle nesting habitat and unattractive to some beachgoers, prohibition of the practice in areas where it has been permitted for many years is a difficult and controversial issue. Off-beach parking in these areas usually is in adequate to accommodate beach users, as in Volusia County, where a study concluded that 10,000 additional off-beach parking spaces would be necessary to satisfy peak demand if beach parking were prohibited.[330] Besides the financial difficulty for communities in creating off-beach parking, land use restrictions and residents concerned about property values near parking lots add to the problem.[331] Because of the lack of off-beach parking, public beach access would be significantly reduced if beach driving were prohibited, adversely affecting local businesses.[332] Prohibition of beach driving would also have a direct economic effect on beach communities by discontinuing the income from beach access fees, citations and franchise and concession licenses.[333]

Eliminating or minimizing the degradation of nesting habitat caused by erosion control measures is an important goal of sea turtle protection.[334] However, the use of these measures seems likely to continue in the fight against erosion resulting from coastal develop ment.[335] In addition to state protection, federal protection of sea turtles under the ESA is relevant when erosion control projects involve federal land, federal funding, or a federal permit.[336] In these instances, the ESA requires that such actions of federal agencies do not adversely affect endangered or threatened species or their habitat.[337] Nearly all beach renourishment projects receive federal aid,[338] so USFWS can require the proper timing and quality of renourishment projects that replenish nesting habitats. Unfortunately, the majority of coastal armoring does not involve the federal government.[339]

Coastal armoring, especially combined with Florida's new provision allowing local governments to permit so-called "emergency" armoring, is one of the greatest threats to sea turtle nesting habitats.[340] In a 1996 biological opinion, USFWS stated that although the emergency armoring provisions are likely to adversely impact sea turtles, it is still too early to ascertain the regulation's cumulative effects.[341] Detrimental effects may have already occurred. Under the new statute, 2000 feet of armoring was erected with a county permit within the Archie Carr National Wildlife Refuge in 1996.[342] Within the proper amount of time, a DEP permit was applied for and DEP granted the permit because the sea wall was landward of a previously existing, though illegally constructed, sea wall and the agency determined the new sea wall was far enough landward that it would not interfere with sea turtle nesting.[343] However, the armored beach in this refuge specifically designated to protect sea turtle habitat will most likely erode faster than it would have without the armoring, causing the nesting area to rapidly decrease.[344] The emergency armoring statute can easily be abused by local governments and may end up seriously damaging sea turtle habitat. Already, Indian River County has permitted armoring structures without declaring an emergency, and although the structures come under the statutory definition of temporary, they are steel, concrete-capped, and appear to be permanent structures.[345]

Another recent coastal armoring threat to nesting habitat is experimental armoring on Casey Key.[346] DEP is authorized to issue permits to property owners or local governments for the installation of certain experimental armoring.[347] Ostensibly, DEP will not grant the permit if the project is expected to result in a significant adverse impact, including a take of sea turtles under the MTPA,[348] and DEP periodically reviews the project and can order removal or modification of the structure if a take occurs.[349] After DEP granted such a permit, in 1995 a forty-foot wide cement "stepped revetment" was installed on a six to seven hundred foot section of beach on Casey Key.[350] The structure is essentially a series of large cement steps, some buried under the sand.[351] Casey Key does not have a large population of nesting sea turtles,[352] but DEP has received data that the structure is impacting the sea turtles that do nest there.[353] False crawls occur when the turtles attempt to dig in the shallow sand above the steps, and when nests are laid over the steps, water can pool within them.[354] DEP is currently in the process of deciding whether to issue a permit for the installation of a similar structure on Siesta Kay, a very high nesting density beach.[355]

Because local lighting ordinances provide for local enforcement, they are more successfully enforced than statewide regulations.[356] Even with many of these ordinances in force, beachfront lighting continues to be a threat to hatchlings and nesting female sea turtles. Although many citizens voluntarily comply with lighting ordinances once they become aware of the regulations,[357] tensions remain between sea turtles' need for darkness and the human need for security and traffic safety. Enforcement of these ordinances requires nightly attention during the nesting season, which is not always possible on the part of law enforcement agencies.[358] Fortunately, local volunteers often take up this responsibility,[359] but even when lighting ordinances are obeyed, hatchling disorientation sometimes results from inland light in highly developed areas.[360]

Many beachfront lighting problems can be solved through education of the public, especially in areas containing a large number of non-residents who may not be aware of sea turtles' needs. Palm Beach County devised an innovative solution to the beachfront lighting problem by converting violation fines into public education materials.[361] The county recently imposed fines on two condominium associations for violating the county's lighting ordinance.[362] In lieu of taking the money, the county's Department of Environmental Resources Management asked the associations to fund projects related to sea turtle protection or public education.[363] As a result, Sea Turtle Survival League prepared door hangers explaining the dangers of beachfront lighting to nesting sea turtles and hatchlings, and Marine Life Center created dune walkover signs which display sea turtle information and contact phone numbers for additional information.[364]

Determining whether Florida's laws and law enforcement are helping to save the sea turtle and its nesting habitat is difficult to judge because the laws are relatively new in sea turtle time. Sea turtle longevity (possibly up to 100 years) and length of time before reaching sexual maturity (twenty-five to thirty years) require long-term study to acquire meaningful data.[365] Sea turtle breeding habits fluctuate naturally from year to year, so a one, two or even five year study may not yield reliable information as to the status of the popu lation.[366] The current sea turtle population is a reflection of their condition twenty to thirty years ago, a time delay that complicates sea turtle conservation.[367] Also, there are so many threats to sea turtle survival, with new ones often being discovered, that pinpointing exactly what is causing a general decline and predicting the future are limited.[368] To determine if Florida's laws are having a positive effect on sea turtles will require long-term, systematic research projects, which have only recently been initiated.[369]

The success of sea turtle conservation efforts depends on the involvement and education of the public.[370] Florida's citizens and visitors must be informed of human effects on sea turtles and their habitat as a result of coastal development and public use of nesting beaches.[371] Especially with artificial beachfront lighting, increasing public awareness of the problem and the means to alleviate the problem is a positive step towards improving Florida's sea turtle nesting habitat.[372] Often, people are unaware of the detrimental effects their actions may have on sea turtles and are willing to change their behavior once they become aware.[373] However, education does not result in compliance by everyone, hence the need for legislation and successful enforcement.[374]

Additional sea turtle conservation efforts include DEP's sale of $5 sea turtle decals, primarily associated with boat registrations.[375] Revenue from the sale of these decals goes to the Marine Resources Conservation Trust Fund, which is used for sea turtle protection, research, and recovery efforts, among other things.[376] Governor Lawton Chiles recently signed a law establishing a Florida sea turtle license plate, which will provide a secure source of funding for DEP's Marine Turtle Protection Program.[377] Organizations such as Caribbean Conservation Corporation, the Working Group, Mote Marine Laboratory, Center for Marine Conservation, Audubon Society, and countless local sea turtle conservation organizations in Florida's coastal communities continue to work towards protection of sea turtles and their habitat. Ecotourism "turtle watch" outings are becoming popular and help educate the public about sea turtle conservation.[378] DEP and Florida Marine Research Institute published a Technical Report, Understanding, Assessing, and Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches, geared toward biologists, conservationists, and managers, which contains instructions on how to institute local light management legislation.[379] Florida Power and Light published a booklet on Florida's sea turtles, funds research and educational projects, and works hard to bring its coastal lights into compliance with local sea turtle lighting ordinances.[380]

The beautiful coast of Florida so loved by humans is also a sea turtle nesting habitat critical to the survival of the species. With more people moving to Florida every day, the inexorable develop ment of Florida's sandy beaches will continue to put adverse pressure on sea turtle populations. Coastal development negatively impacts sea turtle nesting habitat with beach cleaning, driving, artificial lighting, and other manifestations of increased human presence in the beach area. Also, this increased development requires repeated use of erosion control measures that intensify the threat to nesting habitat.

Federal and state laws, administrative regulations, and local ordinances protect sea turtles and their nesting habitat in Florida. Whether these laws are successfully being enforced is questionable. Lack of funding results in lack of personnel to discover and follow up on violations, and Florida law does not provide an incentive to file citizen suits. Although we cannot know the true effects of these laws and their enforcement on the protection of sea turtles until long-term studies are completed, there is evidence that increased public awareness has resulted in at least a higher hatchling survival rate. The survival of sea turtles and protection of their nesting habitat will require the concerted effort of dedicated federal, state, and local government employees, conservation groups, and Florida's citizens. We can only hope that with human cooperation and conscientious management of coastal development, sea turtles will continue to successfully nest on Florida's beautiful shores.