Criminal Claims Over Florida Bird Fatalities Resolved

WASHINGTON, DC, October 8, 2003 (ENS) - About 1,000 of the rarest birds in the United States - American white pelicans, endangered wood storks and great blue herons - fell dead near Lake Apopka in central Florida during late 1998 and early 1999. Consumption of fish contaminated with pesticides was found to be the cause of these fatalities.

Today the St. Johns River Water Management District and the U.S. Justice Department signed a $140,000 agreement resolving a criminal investigation and natural resource damages claims against the district related to the death of these birds.

Organochlorine compounds, including dieldrin, toxaphene, and DDT and its metabolites, located on flooded farm properties were the cause of these bird deaths, all parties agree.

The birds died in and around farm fields that had been in production since the 1940s when part of Lake Apopka was drained to create muck farms. Use of phosphate fertilizers and pesticides on these farms, resulted in degradation of the water quality in Lake Apopka.

Wetlands contaminated with organochlorines north of Lake Apopka (Photo courtesy St. Johns River Water Management District )

The district sold 30 year conservation easements on much of this property to the Natural Resource Conservation Service of the U.S. Department of Agriculture.

In early November, 1997, a risk assessment was completed for the first large parcel purchased that found levels of the now banned pesticide DDT and toxaphene on the property presented an increased risk for birds eating fish from any restored wetlands on the site.

DDT and toxaphene as well as other organochlorine pesticides were detected at higher levels on the second group of properties purchased.

A comparative study conducted on this group of properties addressed only DDTs and toxaphene but omitted full assessment of other pesticides such as dieldrin. Still, the comparison study reached conclusions similar to those of the risk assessment.

Despite this information, in the late summer to fall of 1998, during peak migration, the district directed the shallow flooding of these two large sections of the properties. Over a thousand migratory birds died on or near these lands.

The district conducted a scientific investigation into the cause of the bird mortality, and its legal department, with the assistance of outside counsel, conducted an extensive investigation of all of the events leading up to the bird deaths. "The investigation revealed district employees have pursued restoration efforts at Lake Apopka with hard work and dedication and no actions warranted any form of discipline," the district said.

Map of Lake Apopka showing the restoration area (Map courtesy St. Johns River Water Management District)

The agreement announced today resolves the criminal charges brought by the U.S. government against St. Johns River Water Management District under the Migratory Bird Treaty Act, the Endangered Species Act, and the Bald and Golden Eagle Protection Act, as well as civil claims for natural resource damages under the Comprehensive Environmental Response, Compensation and Liability Act.

Under the agreement the St. Johns River Water Management District must bring all of its properties into compliance with the Endangered Species Act and the other wildlife statutes.

The district is required to reimburse the wildlife rehabilitators that worked on affected birds the $90,000.00 that they spent, and must run a conference to educate other Water Districts regarding the wildlife laws, and provide training to its employees.

For the next five years the district must monitor pesticide levels in Lake Apopka, and monitor wood stork populations on its properties. In addition, the district is required to develop an active management plan for threatened or endangered species on at least 200 acres of its properties.

During the preparation of the required Damage Assessment and Restoration Plan for the resolution of these claims, an opportunity arose for the district to purchase an undeveloped 8,465 acre tract of land in St. Johns County - the Matanzas Marsh property - inhabited by one of the two largest wood stork colonies in Northeast Florida.

The Matanzas Marsh held 120 to 150 wood stork nests in 2002 and includes five miles of frontage along the Matanzas River, the district said. This property is the last remaining large and relatively undisturbed marsh front area within the Guana-Tolomato-Matanzas National Estuarine Research Reserve. Its acquisition creates a nearly contiguous 16,000 acre conservation area.

Wood stork stalks a Florida marsh for fish. (Photo courtesy USGS)

The Damage Assessment and Restoration Plan, funded by the St. Johns River Water Management District, has been completed, and the U.S. Fish and Wildlife Service has concluded that purchase of the Matanzas Marsh property, along with protection of the wood stork colony is its preferred alternative.

As a result today's agreement contains obligations to ensure the monitoring and management of the wood stork colony.

In addition, the district has agreed to pay $14,776 to the Fish and Wildlife Service to fund an update of the existing habitat management guidelines for the wood stork and an additional $10,450 to fund a study of eggshell thinning, which results from DDT contamination.

In addition to ongoing restoration projects at Lake Apopka, the district says it is conducting research to more thoroughly understand the risks of organochlorine pesticide residues in wetlands.

"The knowledge generated will guide restoration of the former farmlands at the lake, and also have applicability to other projects designed to restore ecosystems impacted by past agricultural practices," the district said.

The St. Johns River Water Management District is responsible for managing ground and surface water supplies in all or part of 18 counties in northeast and east-central Florida.