MAY 2019 VOLUME 36, ISSUE 1

FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR NEWSLETTER OF DEFENDERS OF THE ENVIRONMENT, INC. 309 SR 26 P.O. Box 357086 Melrose, Florida 32666 Gainesville, Florida 32635 website facebook phone www.fladefenders.org www.facebook.com/floridadefenders (352) 475-1119

The Rodman Report by Karen Chadwick

Manatee Update. On January 3rd, 2019 I met a FWC officer on the "lake" side of the Kirkpatrick dam to show him where a dead juvenile manatee had been found. A necropsy was performed but the cause of death could not be determined because of the state of decomposition. Researchers speculated it may have been separated from its mother and subsequently died from cold stress. A 2008 survey of submerged springs of the Ocklawaha River by USFWS and FWC estimated "many hundreds of manatees" could take refuge during cold periods in the Ocklawaha springs and Silver The barge canal between the St John's River and Buckman Lock Springs after the Ocklawaha River channel is restored and manatees completely blocked with floating vegetation. are allowed to move about freely. During the Save Rodman tournament on April 20, 2019 I counted 20 boats exiting Buckman Locks after fishing in the St Johns River, heading back to Kenwood ramp. While I was waiting for the locks to open two manatees were frolicking in the middle of the canal in direct line of the boats exiting the locks. The speed the boats reached posed a danger for the manatees which have no other way to access the St Johns River. It is well known that manatees make their way through the locks occasionally. To provide for their safety, slow speed signs should be placed in the canal adjacent to the locks until the river channel is restored. If Marion Blue Springs was allowed to flow freely again, a public viewing platform could be installed, and it could become a tourist attraction rather than a lost opportunity.

Herbicide Update. Some of the Xtreme Bass Tournaments are held at Kenwood ramp and many of the competitors utilize Buckman Locks in order to fish in the St Johns River then they come back through the locks to the weigh-in at Kenwood ramp. This is a common practice for tournaments held in "Rodman" which originate at Kenwood ramp. While talking to the FWC officer that January morning we discussed herbicide applications used to keep the barge canal navigable. He agreed the blockages are recurring and he stated the canal had been "blocked 4 or 5 times" in 2018. Orange Springs ramp and Kenwood ramp also has to be repeatedly sprayed with herbicides to allow for navigable conditions. During the February 19, 2019 FWC meeting in Gainesville Florida regarding herbicide use, the Greenways manager stated there had been an "explosive growth" of floating aquatic vegetation and that over 800 acres had been sprayed in 2018. The FWC officer mentioned use of herbicides can cause a reduction of oxygen and can cause fish kills. A fish kill did occur in December 2018 on the St Johns River side of Buckman Locks after the floating vegetation in the canal was treated with herbicides. Many anglers across the state have voiced concerns about repeated herbicide applications in state waters and are concerned about the changes they have seen. As a result, several FWC meetings were held around the state to discuss their concerns and a brief hold was put on spray applications, however spraying has resumed. Mark Roberts with Xtreme Bass Tournaments attended some of the meetings to express his concerns and he told me he wishes they would not spray at all because they are damaging water quality.

Two manatees frolicking in the path of those oncoming boats. Tournament anglers racing back from the St John's River to weigh1 in their catch at the Kenwood boat ramp. FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

President’s Message by Steve Robitaille This issue of the Monitor arrives on the 50th anniversary of Florida Defenders of the Environment. My own involvement with FDE dates back to 1980 when Richard Hamann, my former UF dorm mate, then beginning to make his mark as an environmental attorney, invited me to a talk by the late Helen Hood, who headed up FDE’s Suwannee River Coalition. In those days FDE and Marjorie Working to protect freshwater Carr were not only working to stave off the Cross Florida Barge Canal resources, conserve public boondoggle, but also on a number of other fronts. FDE, then just 11 years old, lands, and provide quality was working to reduce adverse impacts from phosphate mining near White environmental education since Springs, where violations of environmental regulations were negatively impacting the Suwannee River. 1969. For those now following the recent attempts to mine more phosphate in Bradford County, one can Executive Committee hardly resist the notion that the more things change, the more they stay the same. So, it was with great pleasure that FDE marked this golden anniversary with a dinner at Sweetwater Steve Robitaille, President Inn on Friday April 6th where we honored the late Nathaniel Pryor Reed with the second Marjorie Joseph Little, Vice-President Harris Carr Award for Environmental Advocacy. Lia Reed Bohannon received the award on behalf Karen Chadwick, At- Large of her father. Sharing their memories and affection for Nathaniel were former Speaker of the House Jim Clugston, Secretary, Jon Mills; Manley Fuller, the former President of the Florida Wildlife Federation; and noted Stephen Holland, Treasurer environmental attorney David Guest. Marjorie’s daughter, Mimi Carr, read a spirited passage from Mary Alford, At-Large Nathaniel’s memoir, Travels on the Green Highway. In my remarks I observed the wonderful synchronicity that Friends of the , an FDE Trustees coalition member, was also celebrating its 50th anniversary the very same weekend as FDE. And Lars Andersen both organizations were founded by formidable women with remarkably similar names. Marjory Fay Baird Stoneman Douglas founded Friends of the Everglades in 1969, while Marjorie Harris Carr founded Jenny Carr FDE in 1969. I also expressed my admiration for the many veteran FDE presidents, executive Bill Cumming directors, trustees and members in attendance and for those there in spirit whose advisement and Byron Flagg financial contributions have allowed FDE to survive long-enough to perhaps take advantage of what Lola Haskins appears to be a sea change in attitude and legislative leadership when it comes to protecting what Thomas Hawkins likes to call “the best stuff of our state.” Nkwanda Jah Bruce Kaster Shortly after Governor’s DeSantis’s election and the creation of his environmental leadership team, FDE sent of letter of congratulations to the Governor-elect with a request to meet with him and his Derek LaMontagne environmental team at their earliest possible convenience. This letter was followed by personal Peggy MacDonald letters from former Governors Buddy MacKay and Bob Graham in support of Ocklawaha Mac MacKay Restoration. We also reached out to our coalition members to join FDE in a letter to Governor Tracy Marinello DeSantis supporting restoration of the Ocklawaha River. Twenty-three environmental organizations Bettina Moser from all across Florida joined FDE in supporting restoration of the Ocklawaha River. FDE has also Katie Tripp opened communications with the Florida Department of Environmental Protection and Thomas Veronika Thiebach Frazer, Florida’s first ever Chief Science Officer. JoAnn Valenti Ashley White Our 50th year should prove newsworthy in several respects. The hearing on our Amendment One law suit may come as soon as July. Our new Ocklawaha River interactive map is anticipated to be online by October, and meetings with the Governor and his staff regarding Ocklawaha restoration Advisors will hopefully lead to a plan that will yield both environmental and economic benefits for Florida Karen Ahlers, Cathy DeWitt and the Ocklawaha region. Rich Doty, Richard Grosso Richard Hamann,Barry Jacobson Much of our continued success will depend on our new trustees, who will find no shortage of challenges when it comes to defending what remains of Natural Florida. It will also depend on those Sami Kattan, Tim Keyser who have the capacity to help fund FDE in the critical months and years ahead. We hope you will Clyde Kiker, Bob Knight continue to renew your membership each year. And if you are able to make a more generous Marcy LaHart, Ed Lowe, Cliff contribution, or perhaps remember us in your will or estate planning, we pledge to carry on our Neubauer, Steve Noll, Bob mission to bring sound science, economics, and the wisdom of the law to defending Florida’s Simons, Nick Williams environment.

ExecutiveJack Putz Assistant Susan Vince 2 David White Joe Siry Nick Williams Staffxecutive Assistant

  And so it is with the Ocklawaha and its popular bass fishing pond.  The river Marjorie so loved was one of the world’s pristine waterway jewels well into the 20th century, even though various schemes to build a canal across Florida were centuries old. It took an impassioned Florida citizen and her small legion of FDE scientists, lawyers, economists and loyal supporters to bring about the de-authorization of the canal project in 1970. This was the age of dam building, before the nation woke up to the realization that the structural control of natural waters leads to calamitous unnatural consequences.  continues to progress under the leadership of Joe Little. This legal action seeks to hold the Florida Legislature accountable for the mismanagement of taxpayer dollars that were intended to purchase and restore land for conservation. • These are only a few of the critical and costly endeavors currently underway that need immediate member support. Your generous donation could underwrite the cost of sending a delegate to the Everglades Coalition meeting, producing materials for our Ocklawaha restoration campaign, legal fees to fight the Sleepy Creek threats to Silver Springs, and other ongoing initiatives. MAY 2019 VOLUME 36, ISSUE 1

Amendment One Update by Joe Little

In the Amendment One (adopting Article X §28 Florida Constitution) lawsuit, FDE, et. al., argued that the measure provided funding to purchase NEW conservation lands and to restore and improve the lands so purchased.

The State of Florida argued that the funds could be The following organizations filed amicus curiae briefs to expended on managing, etc., conservation lands support FDE and FWF’s position. whenever acquired and by whomever owned, even private owners, and that no new lands need be 1. Friends of the Everglades, Inc. purchased. The trial judge adopted FDE’s arguments 2. Save the Manatee Club, Inc. and the State of Florida appealed. Both FDE and co- 3. Florida Springs Council, Inc. plaintiff Florida Wildlife Federation, Inc. (FWF) as appellees have filed briefs to defend the trial judge’s Both Alachua County, Florida and Waterkeepers Florida sought to decision. file briefs to support FDE and FWF but for unknown reasons the Several organizations filed amicus curiae briefs to district court declined to accept them. support the State of Florida’s appeal: State of Florida appellants filed reply briefs on April 18 and the 1. South Florida Water Management District. briefing in the case is now closed. All parties have requested to be 2. Florida Conservation Voters, Inc. heard in oral argument which, if granted by the district court, 3. Florida Shore and Beach Preservation Association would be heard in Tallahassee, perhaps in the summer or fall 4. The Everglades Foundation 2019. Thereafter we will await the district court’s decision. 5. The Trust for Public Lands Whatever its decision may be, we may expect the losing side to 6. Florida Audubon Society, Inc. seek review in the Florida Supreme Court. 7. Florida League of Cities, et. al.

US Forest Service Update by Bruce Kaster FDE's litigation history to stop the Cross Florida Barge canal and to restore the Ocklawaha dates back to September 15 1969 when FDE filed a lawsuit in Federal Court to stop construction of the Canal. On January 15 1971 the Federal Court granted the injunction FDE had advocated effectively stopping construction of the Canal. However, despite continuing tireless efforts by FDE and its supporters in the US Congress and State Government, the river was not restored. In December of 2001 the US Forest Service committed to restoration of the river but no action was taken. Representatives of FDE met with the head of the Forest Service in Washington DC in August 2016. They were assured the Forest Service was still committed to river restoration but again no action was taken in an attempt to force the USFS to move forward with restoration FDE members Joe Little and Bruce Kaster hired attorney Jane West to file an administrative action against the Forest Service. The petition was filed on 12/8/2016. The Petition was denied by the Forest Service on 3/7/2017. Having no other option available to force compliance with the USFS commitment to restore the river FDE, Joe Little and Bruce Kaster filed suit in Federal Court in Jacksonville on 19/10/2017 seeking injunctive and declaratory relief to restore the Ocklawaha. The USFS answered the complaint on 1/19/2018.

It is significant to note that the Forest Service made an inappropriate attempt to supplement the record and filed an untimely Motion to Dismiss the complaint on 9/4/19. FDE responded on 10/23/2018. No action was taken by the court. Accordingly, Ms. West filed a Notice to the Court on 4/23/2019 to bring to the court's attention that the Motion to dismiss and our Motion to Strike remain undecided. We anticipate that the court will rule on the pending motions within 30 days. If not, we'll probably file another notice. As soon as the court rules FDE will advise everyone with our recommendations for further action.

3 FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

Former Governor and US Senator Bob Graham's Letter to Governor Ron DeSantis

Governor Bob Graham meeting with Florida Defenders of the Environment in the 1970's. From left to right: Jack Kaufman, Frank Mann, Casey Gluckman, Gov. Graham, Marjorie Carr, David Gluckman and Warren Henderson.

4 MAY 2019 VOLUME 36, ISSUE 1

Leveraging our Partnerships by Jim Gross, Executive Director

Florida Defenders of the Environment has a long history of cooperation with other environmental nonprofit organizations throughout Florida. FDE has supported the causes of our partner organizations, and they in turn have supported FDE. In March FDE reached out to environmental organizations in Florida seeking their support for a letter to Governor Ron DeSantis. FDE’s letter provided our new Governor with a detailed historical background for the river, and the reasons why now is the time to resume the river restoration process. The letter made three simple requests to the Governor:

1. Resume the permit application process for restoration of the Ocklawaha River. 2. Work collaboratively to develop an expedited plan for river restoration, including an initial phased drawdown of the reservoir. 3. Begin implementing the plan in 2019.

Twenty-three organizations agreed to sign the letter that was sent to Governor DeSantis on April 4, 2019. The organizations that joined FDE in signing the letter are listed below:

• 1000 Friends of Florida • Florida Wildlife Federation • Alachua Audubon Society • Friends of the Everglades • Alachua Conservation Trust • Marion Audubon Society • Bullsugar Alliance • Matanzas Riverkeeper • Calusa Waterkeeper • Our Santa Fe River, Inc. • Center for Biological Diversity • Paddle Florida • Defenders of Wildlife • Rainbow River Conservation, Inc. • Duval Audubon Society • Santa Fe Audubon Society • Florida Native Plant Society • Save the Manatee Club • Florida Springs Council • Sierra Club Florida Chapter • Florida Springs Institute • St. Johns County Audubon Society • St. Johns Riverkeeper

Since the letter was sent to the Governor, Earth Justice also joined the cause for Ocklawaha River restoration. In addition, both former Governor Buddy MacKay and former Governor and U.S. Senator Bob Graham wrote letters to Governor DeSantis urging him to restore the Ocklawaha River.

Conservationist of the Year Award to Jim Gross On March 12th 2019 Santa Fe Audubon awarded Jim Gross The Conservationist of the Year Award at their annual meeting in Melrose, FL. The award was presented to Jim by Laura Berkelman.

5 FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR Marjorie Harris Carr Award Dinner Honors Nathaniel Reed On Saturday April 6th Florida Defenders of the Environment presented the late Nathaniel Pryor Reed with the “Marjorie Harris Carr Award for Environmental Advocacy” at its 50th anniversary dinner. The event was held at the Sweetwater Branch Inn. Lia Bohannon Reed accepted the award on behalf of her father and the Reed family.

In his opening comments, FDE Executive Director Jim Gross recalled that Nathaniel Reed had been a major supporter of Carr and FDE. Nat played a key role in halting construction of the Cross Florida Barge Canal in 1971, and that eventually led to the final deauthorization of the Canal project in 1991. The canal project was an infamous boondoggle that threatened to dig a ditch across the Florida peninsula and permanently put North Florida’s water supply at risk. Reed, who served under President Nixon as Assistant Secretary of the Interior for Fish, Wildlife and National Parks, helped found 1,000 Friends of Florida. Nat was also an early champion of Everglades restoration.

In letters addressed to Florida Governor Ron DeSantis, former Governors Bob Graham and Buddy MacKay praised Reed for his support of Ocklawaha River restoration. They also urged DeSantis to join them and former Governor in helping to accomplish Marjorie Carr’s dream to remove Rodman Dam and set the river free. In his comments for the dinner, Graham called the Barge canal and resulting impairments a “scar”, and expressed his hope that one day his grandkids would be able to freely explore the full length of Ocklawaha from Silver Springs to the St. Johns.

Other noted guests shared their thoughts and memories of the late Nathaniel Reed. Former Florida Wildlife Federation head Manley Fuller observed that “Nathaniel throughout his life inspired many people in all walks of life to love, defend and restore our natural world and its creatures. He was a joy to be with. He enjoyed outdoor recreation. He worked hard and effectively for, and personally supported, many conservation causes across Florida, the and internationally. He never gave up on conservation battles and when he hit a road block would either smash through or find a way around it. I am honored to have known him and immensely enjoyed my time spent with him.”

University of Florida Dean Emeritus and former Speaker of the Florida House Jon Mills shared that whenever key political and environmental issues needed immediate attention, his first instinct was “to call Nat.” Also speaking at the dinner were noted environmental attorney David Guest and Marjorie Carr’s daughter Mimi Carr. Mimi read an excerpt from Reed’s memoir, Travels on the Green Highway. Mimi recounted an infamous hearing in Tallahassee that galvanized citizens to stop the canal.

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Save the Date FDE's 50th Anniversary Celebration Friday, October 18th at Mossman Hall in Melrose, Florida Florida Defenders of the Environment will hold its public 50th Anniversary from 5 to 9PM. The gathering is in recognition of the one of the state’s oldest and venerable environmental organizations with many former and current FDE leaders, advisors and members in attendance. The event, which is free and open to the public, will feature a silent auction, free food, an iconic birthday cake and music by the Weeds of Eden. Of special note will be the launch and presentation of FDE’s web- based interactive Ocklawaha Map Project which allows the public to explore the Ocklawaha River region past, present and future, with links to recreation, natural history, archaeology, and many other dimensions. Mossman Hall is located at 301 SR 26 in Melrose, Florida. For more information or to make a contribution to the silent auction contact Tracy Marinello at (352) 475-1119.

7 FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

The Ocklawaha Remembered – and The Ocklawaha Imagined by Mary Alford

Florida Defenders of the Environment has created a project team and contracted with a local graphic and web design company BluDove to create an interactive map-based website celebrating both the remembered history and the imagined future of the restored Ocklawaha River. The website, which will be able to grow and change as new information obtained, is due to launch at the FDE 50th Anniversary Party in October. FDE believes that a well curated archive of Ocklawaha history will provide a resource for many people, including those that currently see the dam as an amenity. By also providing the “vision” for a partially restored Ocklawaha, and sharing the possibilities for future fishing, camping, ecotourism, and other recreational activities that will bring sustainable and environmentally sensitive economic development to the area, we hope to soften the opposition and provide education to everyone but especially people in the vicinity of the river.

The Rodman Dam is 50 years old and documenting the history before the dam must happen now before these memories are lost. The team is meeting with local historians and stakeholders including archivists the ’s Department of Special and Area Studies Collections and to identify and select material for this project. Along with photographs, documents, literary references and maps we will be videotaping interviews and providing links to other collections and information. This material will all be geo located using Google map apps, and those with cell phone signal will be able to access documents while exploring the river. We expect this to be a valuable, popular and entertaining tool during the drawdown planned for the winter of 2020.

We will also be producing hard copy maps that will be laminated to use on the water for those without cell phone access.

If you have photos, documents, stories, or anything else to share on this website, please contact Mary Alford ([email protected]) or Karen Chadwick ([email protected]). While FDE is often known for its legal actions and information gathering projects, but quality public education is the core of our mission. Please help us support this goal with your donations, grants and sponsorship. The budget for this project is just under $30,000 for graphic design, website design, geolocation and mapping. We have received approximately $8000 in donations. We would like to recognize you and/or your business on the website for donations greater than $500, and on the printed maps for donations greater than $750. Please contact us for options and more information.

8 MAY 2019 VOLUME 36, ISSUE 1

FDE Welcomes New Board Members: Jenny Carr, Byron Flagg, and Bettina Moser, Ph.D. Welcome Aboard!

Jenny received her bachelor's degree in Wildlife Ecology & Many of you already know Byron Flagg. Byron has a long Conservation and her master's degree in Sustainable Development history of supporting Florida Defenders of the Environment Practice from the University of Florida. Jenny conducted her Byron is an attorney with specialty expertise in land use, graduate field project in Guatemala where she conducted an environmental, and real property matters. opinion survey with locals and tourists regarding community- He earned his Juris Doctorate from the Frederic G. Levin based tourism development in Tikal National Park. During 2013, College of Law at the University of Florida. Jenny was the director of the Sarapiquí Conservation Learning He is further credentialed with an LL.M. in Land Use and Center in Costa Rica where she acquired resources for the library Environmental Law. and computer lab. Jenny has also assisted in the tag-and-release of He also served for 8 years in the United States Coast Guard. Gulf Sturgeon in the Suwannee River with USGS and sea turtles Byron recently returned to Gainesville. He is working for in Costa Rica with STC. She is currently the lab manager of the the Alachua Conservation Trust as its new Land Acquisition Biosecurity Research and Extension lab in the Entomology and Attorney. Nematology Department at the University of Florida where she Byron has recently been serving as an Advisor to FDE, but develops educational material about invasive insects and plant agreed to step up into a position at Trustee. pathogens for Florida First Detector.

Bettina has a Ph.D. in Entomology and Microbiology from the University of Florida. She has a diverse employment record in research and applied science. A significant record of publications in peer reviewed journals. She has made presentations at professional conferences internationally. Bettina has a lengthy record of volunteering for community development and environmental causes. 9 FLORIDA DEFENDERS OF THE ENVIRONMENT, INC. THE MONITOR

Jennifer Carr: There is unfinished business in the Ocklawaha River

I am a lab manager at the University of Florida. I rear thousands of stink Recreation and conservation don’t have to be mutually exclusive. bugs for research by doctoral students. Next to my computer, I have the Conservation can and should include recreation. But in order to biography of my grandmother, “Marjorie Harris Carr: Defender of do that, conservation needs to be made a priority. The recreation Florida’s Environment,” written by Peggy Macdonald. part will then fall into place, a.k.a. ecotourism.

Marjorie Harris Carr was an environmental activist who received the In the case of this dam being used as an artificial fishing hole for Florida Governor’s Award for Outstanding Conservation Leadership in half a century, they’ve got their priorities bass-backward. Pardon 1970. I enjoy telling the students in my lab about my sexy grandmother the pun. There’s nothing funny about boating around federally who walked into the UF zoology department in 1937 (when UF was a protected species like everything’s OK. It’s a sham. men-only school) with some sick quail and met my grandfather, Archie Carr, who became known as the father of sea turtle conservation Real Floridians advocate for the environment. Real men don’t worldwide. What a legacy there is in my family history. need a dam to fish.

Growing up, I was asked if I was going to follow in my grandparents’ The way I see it, state Sen. George Kirkpatrick couldn’t handle a footsteps. I didn’t know what that truly meant until a recent Tuesday woman (my grandmother) opposing him with science and so the when the stars aligned and Gov. Ron DeSantis was right outside my lab dam remained as a monument to 1970s sexism that is anti-science window. DeSantis was talking about Florida’s environmental issues with and anti-environment with a trophy bass fish as the mascot. the state’s first-ever chief science officer, Dr. Tom Frazer, who previously served as the director of UF’s School of Natural Resources The point of building the dam in the first place was for the Cross and Environment. Florida Barge Canal. My grandmother and the Florida Defenders of the Environment got President Richard Nixon to stop that When I got to work that day, I quickly chugged two cups of coffee, wrote environmentally disastrous project in 1971. The dam needs to be my “Free the Ocklawaha River” sign, grabbed the book with my taken down now, just like that Confederate statue was taken grandmother’s face on it and walked outside to let DeSantis know that down in downtown Gainesville a couple of years ago. there is unfinished business in the Ocklawaha River. While DeSantis was giving the speech, I stood next to the cameras and held up my sign while In 1997, when I was 11 years old, I watched as my grandmother’s embracing the book. coffin was lowered in Evergreen Cemetery with a bumper sticker I was the only person holding a sign. I could see DeSantis’ environmental on the side of it that reads “Free the Ocklawaha”. team silently mouthing the words on my sign while he spoke. After the speech, I gave the book about my grandmother to Dr. Tom Frazer — a This year, my dad and my Aunt Mimi recorded an oral history metaphorical passing of the torch. video at Oak Hammock about their parents’ environmental legacies. The look on my Aunt Mimi’s face when asked how she The Rodman-Kirkpatrick dam was left in the Ocklawaha River after thinks Marjorie would feel about the dam still being up after all construction of the Cross Florida Barge Canal was halted and the dam these years is a look of disappointment that is unsettling for me to repurposed for “recreation and conservation.” The problem with this is watch. that the recreation that is happening at the dam is not conservation- oriented. Marjorie and Archie Carr’s great-granddaughter is turning 5 years old this summer.

It’s been 48 dam years. Let’s not make it 50.

10 MAY 2019 VOLUME 36 ISSUE 1

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