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Turtle expert and activist Richie Moretti intends to bring court action to get dredging company to implement turtle safeguards.  From the March 10 Key West Citizen:

Activist asks court to halt dredging

BY TIMOTHY O'HARA

keysnews.com

KEY WEST — The director of the Marathon Turtle Hospital has filed legal papers attempting to stop the dredging of Main Ship Channel and part of Key West Harbor until protocols that protect sea turtles can be put in place.

Richie Moretti filed a letter Tuesday that spells out his intentions to sue the Department of Commerce, National Marine Fisheries Service, the U.S. Army Corps of Engineers and U.S. Navy for violating the federal Endangered Species Act. The letter is required before Moretti can file a lawsuit against the government.

Moretti is asking the company hired to dredge the shipping channel to place a fishing trawler in front of its hopper dredger to scoop up or move turtles out of the way.

The Navy plans to begin dredging by the end of the week and will not alter its plans unless ordered by a federal judge, Navy spokeswoman Kelly Hinchey said.

"We have the permit that tells us what to do," Hinchey said. "Unless a judge tells us not to, we are going to begin dredging."

Moretti and his attorney are considering filing a civil injunction stopping the dredge until stricter requirements are put into place, Moretti said.

Moretti contends the Navy has violated its permit because it states that the agency has to do further consultation with National Marine Fisheries if new information is uncovered about turtle populations and habitats before or as dredging commences, Moretti said. Moretti gave the Army Corps of Engineers information on habitat and population after the Navy was issued a permit, he said.

The permit allows for the death of three loggerheads, one Kemp's Ridley or one green turtle, before dredging is halted and an assessment can be done. Green turtles are on the federal endangered species list and loggerheads are on the threatened species list, Moretti said. Last year, there were only four nests of sea turtle eggs laid in Key West. If there are two or three nesting turtles, they could be the killed in the dredging, he said.

The New Orleans-based dredging firm Bean Stuyvesant plans to use a hopper dredger called the Eagle 1. Hopper dredgers suck up sand, rock and other debris from the sea floor and chop the material into smaller pieces. The hoppers have been known to do the same to turtles.

Bean Stuyvesant plans to place a turtle deflector, similar to a cow pusher on a train, on the front of the hopper dredger to push the turtles out of the way.

tohara@keysnews.com

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