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I <br />BOOK 108 PAGE 490 <br />Assistant General Counsel and Litigation Attorney M. B. Adelson, of the Department <br />of Environmental Protection (DEP), noted that if the Gerstner seawall were moved to a <br />permitted location then all the seawalls would be within the scope of the County HCP. The <br />Department's position is that the Gerstner seawall is too far seaward. The HCP is designed <br />to avoid these problems to the greatest extent possible in the future. An "incidental take" is <br />a take of an endangered species that has been authorized and is a balancing of the interest <br />between private property rights and environmental regulations. This HCP would avoid all <br />future litigation and would resolve these issues in advance. The County will go through a <br />Section 10 permitting process and the DEP, with its experience and technical staff, will <br />certainly participate to the maximum extent possible. <br />Commissioner Adams felt that the South County Gerstner seawall would need to be <br />added to the Interim Agreement before the County could agree to participate. <br />Commissioner Ginn stated that she could not approve the Plan if it does not include <br />all the seawalls along the entire coastline. The Caribbean Conservation Corporation (CCC) <br />has had problems in Florida and she took exception to them being involved. <br />MOTION WAS MADE by Commissioner Ginn for <br />the Board to approve Alternative No. 2, denying the <br />Interim Agreement and Memorandum of Agreement <br />and contending with the pending litigation. <br />Chairman Macht noted that the MOTION DIED FOR LACK OF A SECOND. <br />Attorney Ansley Samson, from Earth Justice, the legal defense firm for the CCC, <br />stated that her firm is a non-profit law firm representing the CCC in Tallahassee. In response <br />to questioning by Commissioner Ginn, Ms. Samson noted that their client has been a <br />corporation since the late 1950's, originally operating in the Caribbean area but then focusing <br />more in the United States, and adopting the name "Sea Turtle Survival League". She <br />strongly urged the Board to accept the Interim Agreement and MOA. <br />MARCH 2, 1999 <br />-36- <br />• 0 <br />