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Environmental groups sue to get gopher tortoises on the endangered species list

A gopher tortoise is rescued from a suburban construction site to its natural habitat at Nokuse Plantation in Florida's panhandle.
Nokuse Plantation
A gopher tortoise is rescued from a suburban construction site to its natural habitat at Nokuse Plantation in Florida's panhandle.

The lawsuit comes a dozen years after federal environmental regulators said the tortoises needed added protection to survive.

A pair of Florida environmental activist groups are suing the federal government to place the gopher tortoise on the endangered species list.

The suit was filed in federal court Wednesday. It alleges the U.S. Fish and Wildlife Service reneged on promises made a dozen years ago that the tortoise warranted increased protections.

Elise Bennett is state director with the Center for Biological Diversity, based in St. Petersburg.

"A few months ago, we sent the agency a notice that detailed significant deficiencies with their decision, and asked them to reconsider that decision so we could avoid going to court," she said. "But unfortunately, Fish and Wildlife Service has decided to stand by this unlawful decision."

Bennett said gopher tortoises have lost more than 97% of the habitat where they were originally found. She said the survival of the species is threatened, because the sandy areas they use for burrows are also prime land eyed by developers.

"We stand to lose nearly three-quarters of remaining gopher tortoise population that are on the landscape. And that's already just a small number that remains from even historical levels," Bennett said. "And so it's really critical that they have the help of the federal Endangered Species Act."

Florida law requires that most tortoises be relocated away from development. But that doesn't protect its habitat. Bennett said this means the creatures are being squeezed into increasingly smaller, more fragmented areas.

"Our organization has been committed to saving the gopher tortoise for over 20 years and during that time we have witnessed a steep decline in gopher tortoise populations and habitat,” said Matthew Aresco, board member at Nokuse Education, Inc., the other group filing the lawsuit. “There is no question that if we fail to increase the protection of this long-lived, iconic species, it will fade away and face extinction. The Service’s own analysis predicts a dire outlook for the survival of the gopher tortoise, yet they failed to follow the best available science in their decision and list the species under the Endangered Species Act.”

Gopher tortoises have shovel-like front legs and strong, thick back legs that help them dig deep, intricate burrows, which more than 360 other species use. Gopher tortoise burrows are considered key features in the large, unfragmented upland ecosystems these communities of wild animals need to survive.

Gopher tortoises in limited parts of Louisiana, Mississippi and western Alabama are protected under the federal Endangered Species Act. Those in eastern Alabama, Florida, Georgia and South Carolina have been waiting for federal protection since 1982.

Steve Newborn is a WUSF reporter and producer at WUSF covering environmental issues and politics in the Tampa Bay area.
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